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PACKET Town Board 2024-07-23
The 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, July 23, 2024 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available or use the link above to access audio or read the transcript. 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 - ESTES RECYCLES DAY. SWEARING-IN CEREMONY FOR NEW CHIEF OF POLICE IAN STEWART. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. POLICY GOVERNANCE MONITORING REPORT - POLICIES 3.12, 3.13, AND 3.3. Board 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 each July. Prepared 2024-07-12 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. CONSENT AGENDA: 1.Bills - https://dms.estes.org/WebLink/Browse.aspx?id=253208. 2.Town Board Meeting and Study Session Minutes dated July 9, 2024 and Strategic Planning Study Session Minutes dated May 18, 2024 and June 18, 2024. 3.Estes Park Planning Commission Minutes dated May 21, 2024 (acknowledgment only). 4.Resolution 51-24 Intergovernmental Agreement with the Colorado Department of Transportation for Fiscal Year 2024 Federal Transit Administration 5311 Rural Area Formula Funds to Support Estes Transit (The Peak) – CDOT PO 491003538. 5.Acceptance of Town Administrator Policy Governance Monitoring Report. ACTION ITEMS: 1.VISIT ESTES PARK - PIXEL PINE TREE IN BOND PARK. Chief Strategy Officer Mackin. Consider the installation of a centrally focused tree during Catch the Glow holiday season. 2.PUBLIC HEARING - ORDINANCE 12-24 PROPOSED ELECTRIC RATE INCREASE. Director Bergsten and Superintendent Lockhart. •Present the electric rate study results. •Continue Public Hearing and Board Action to August 13, 2024 allowing for additional public comment. 3.COLORADO ASSOCIATION OF SKI TOWNS (CAST) 2024 COLORADO LEGISLATIVE POSITION STATEMENT ON HOUSING. Manager Bangs. Consider supporting legislation that would give local governments more tools and revenue options to address housing issues. 4.RESOLUTION 61-24 GRANT AGREEMENT WITH BUELL FOUNDATION FOR LOCAL FINANCING FOR EARLY CHILDHOOD EDUCATION GRANT. Manager Bangs. Review grant agreement to provide support for growing early childhood systems. 5.RESCINDING POLICY 106 - PUBLIC FORUMS AND MEETINGS. Town Administrator Machalek. Consider rescinding Policy 106 - Public Forums and Meetings, which requires staff to obtain Board approval prior to scheduling or promoting any public meeting or forum for new projects. 6.INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD. Town Clerk Williamson. REPORTS AND DISCUSSION ITEMS: 1.ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) - COLLABORATION OPPORTUNITY WITH LARIMER COUNTY FOR A TOWN CLIMATE ACTION PLAN. Director Fetherston. To collaborate with Larimer County for a State grant which would fund staff resources to develop a Town Climate Action Plan. ADJOURN. TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: July 23, 2024 RE: Policy Governance Monitoring Report – Policies 3.3, 3.12, and 3.13 (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 July of each year the Town Administrator is required to report on Policies 3.3 (Financial Planning and Budgeting), 3.12 (Internal Operating Procedures), and 3.13 (Town Organizational Plan). 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 3.12 states: “With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations.” 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.” 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 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: 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: 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 compliance. 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: 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 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 compliance. 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 #4 anticipates a 29.3% General-Fund fund balance at the end of 2024. 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 #4 budget anticipates a 29.3% 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. 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 #4 budget anticipates a 29.3% General-Fund fund balance at the end of 2024. 4. Our current (December 31, 2023) bond-coverage ratio for Power and Communications (406%) exceeds the required ratio of 125%. 5. Our current (December 31, 2023) bond-coverage ratio for Water (721%) 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. 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 3.12: With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations. Status: Partial Compliance Interpretation: I interpret this to mean that I maintain up-to-date internal policies and procedures that control the day-to-day operations of the Town. These policies are updated when necessary to reflect changing conditions and governing laws. Compliance with the policy will be achieved when: No issues arise that go unaddressed by internal policies and procedures and the Town is not put at risk legally or financially due to the lack of adequate policies or procedures guiding our actions. Evidence: 1. Town policies and procedures are up-to-date and available to all employees on iTown. 2. Policies are reviewed on a regularly scheduled basis to ensure they remain current and effective. Report: I report partial compliance. As I have informed the Board, the Town has not been tracking compliance with Town Board Policy 106 – Public Forums and Meetings. Since staff has not been monitoring public forums and meetings with this policy in mind, violations may have occurred. This policy will be discussed at the July 23, 2024 Town Board meeting. Policy 3.13: 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. Status: Compliance Interpretation: I interpret this to mean that I maintain a current organizational chart that is included in the ACFR and presented to the Town Board after the certification of the results of each biennial Town election. Compliance with the policy will be achieved when: • The organizational chart is printed in the ACFR. • The organizational chart is presented to the Town Board at the first regular meeting following the certification of the results of each biennial Town election. Evidence: 1. The organizational chart was published as part of the 2022 ACFR and will be published as part of the 2023 ACFR. 2. The organizational chart was presented to the Town Board at the first regular meeting following the certification of the results of the last biennial Town election (April 23, 2024). Report: I report compliance. Page 1 of 2 Date: 07/23/2024 Submitted by: Travis Machalek Project Name: Construction Impact Relief Project Contractor: Estes Chamber of Commerce, Inc. Address: P.O. Box 2376, Estes Park, CO 80517 Change Order #: 1 Reason for Change Two unanticipated barriers have arisen with regards to the administration of the Construction Impact Grant: 1. Exhibit A of the contract states that a business must hold a business license with the Town of Estes Park to be eligible for the Construction Impact Grant. Business entities located outside of incorporated Town limits, that do not do any business within Town limits, are not required to have a Town business license. When the Town Board expanded the eligibility for Construction Impact Grants to the entire Local Marketing District, no change was made to recognize the fact that many businesses located within the Local Marketing District, but outside of incorporated Town boundaries, are not required to hold a Town business license. This requirement must be changed in order to meet the intent of the Town Board (that business entities throughout the boundaries of the Local Marketing District would be eligible to apply for the Construction Impact Grant if they experienced a net sales loss and had no outstanding tax liens or legal judgements). 2. A number of newer businesses came forward with partial records or no records for the period of September 22, 2022 through May 31, 2023. Accordingly, these businesses do not have a mechanism to demonstrate losses sustained from September 22, 2023 through May 31, 2024. In these cases, the Executive Director of the Chamber may use professional judgement to assign a percentage loss to these new businesses based on the loss experience of similar businesses (geographic similarity, industry similarity, or both). Description of Change The following two changes are ordered to the services contract for Construction Impact Relief Project dated June 17, 2024: 1. Exhibit A is modified to only require businesses located within the Town of Estes Park incorporated limits to hold a business license (if required by the Estes Park Municipal Code). Businesses located outside Town limits, but within the Local Marketing District, that are not otherwise required to hold a Town business Page 2 of 2 license may use a certificate of good standing from the Secretary of State in lieu of a Town business license. 2. Exhibit A is modified to allow new businesses that do not have a mechanism to demonstrate losses sustained from September 1, 2023 through May 31, 2024 to petition the Executive Director of the Chamber of Commerce to recognize losses as a new business. In these cases, the Executive Director of the Chamber may use professional judgement to assign a percentage loss to these new businesses based on the loss experience of similar businesses (geographic similarity, industry similarity, or both). Cost Change Original contract amount $400,000 Change in contract costs previous change order/s $0 Change in contract costs this change order $0 Adjusted contract amount $400,000 Percent change to contract costs (informational only) 0% APPROVAL TOWN OF ESTES PARK CONTRACTOR ____________________________ ______________________________ Town Administrator Date Executive Director Date Town of Estes Park, Larimer County, Colorado, July 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 July, 2024. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Frank Lancaster Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None TRUSTEE COMMENTS. Board comments were heard and have been summarized: The Transportation Advisory Board has two vacancies; the success of the 4th of July celebrations; increased traffic impacts would occur due to pavement projects throughout town; work continues on the potential purchase and conversion of Fall River Village to workforce housing; the Rooftop Rodeo began July 8, 2024 with a large attendance; Sister Cities requested the community donate books to the Santa Elena Library which serves three villages in Costa Rica including Monteverde; and Visit Estes Park met and approved a financing support request for a new annual Skijoring event and received a report on the Encore project from the Fine Arts Guild of the Rockies. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek thanked all staff who supported the July 4th celebration and stated pavement operations would begin in earnest with traffic impacts anticipated. CONSENT AGENDA: 1.Bills. 2.Town Board Meeting and Study Session Minutes dated June 25, 2024. 3.Estes Park Board of Adjustment Minutes dated June 4, 2024 (acknowledgment only). 4.Transportation Advisory Board Minutes dated April 17 and May 15, 2024 (acknowledgment only). 5.Resolution 58-24 Revised Policy 842 Parking Permits. 6. Resolution 59-24 IGA with CDOT for Zero Emissions Fleet Transition Grant. DR A F T Board of Trustees – July 9, 2024 – Page 2 7. Resolution 60-24 Grant Agreement with the Colorado Association of Transit Agencies for 2024 Ozone Season Transit Grant Program Funds. It was moved and seconded (Cenac/Younglund) to approve the Consent Agenda with the removal of Consent Agenda Items 5, 6, and 7, and it passed unanimously. Trustee Igel requested clarification on the nature of Consent Agenda items in general, specifically resolutions, and items which may have financial or large impact on the community. Town Administrator Machalek provided clarification on items which could appear on the Consent Agenda such as: specific strategic goal items, minor changes to policies, and budgeted items. Consent Agenda Item 5 Resolution 58-24 Revised Policy 842 Parking Permits. It was moved and seconded (Hazelton/Younglund) to approve Resolution 58-24, and it passed unanimously. Consent Agenda Item 6 Resolution 59-24 IGA with CDOT for Zero Emissions Fleet Transition Grant. Town Administrator Machalek and Grant Specialist Blevins clarified the IGA addresses a Board Strategic Plan Objective to fund the creation of a Zero Emissions Transition Plan. The Board discussed the budgetary obligations and the Environmental Sustainability Task Force Report. It was moved and seconded (Younglund/Cenac) to approve Resolution 59-24, and it passed unanimously. Consent Agenda Item 7 Resolution 60-24 Grant Agreement with the Colorado Association of Transit Agencies for 2024 Ozone Season Transit Grant Program Funds. Manager Klein stated earlier this year hours of operation for the gold and silver routes were limited due to funding. The grant agreement would fund the restoration of the operating hours for both routes from July 1 to August 31, 2024 with no financial match obligation from the Town. It was moved and seconded (Younglund/Hazelton) to approve Resolution 60-24, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BASE FUNDING REPORT – VIA MOBILITY SERVICES. Director Bitzer provided a report on the base and annual funding for Via Mobility Services and stated Via has provided para-transit services in Estes Park for 45 years. She highlighted the services of Via, services provided during COVID-19 including food and book delivery, and emergency evacuations during the 2020 wildfires. The Board discussed the number of vehicles operating in Town, anticipated electric vehicle acquisition, and the process for arranging and requesting services from Via. 2. LARIMER COUNTY EXTENSION PROGRAMMING PRIORITIES. Commissioner Stephens and Larimer County Extension Director Weiner provided an update on the county’s Colorado State Extension Program priorities and services. The extension program partners with Colorado State University to provide low-cost programs to county citizens such as 4-H, agriculture, health and well-being, horticulture, food preservation, leadership development, nutrition, and water. They highlighted active programs, community outreach, and services available in Estes Park. The Board discussed the Evergreen Elders program, programs which appeal to elderly populations, partnerships with local entities, the radon kit social media campaign, radon mitigation financial support, youth Spanish programming, and horticulture therapy. 3. PLATTE RIVER POWER AUTHORITY (PRPA) INTEGRATED RESOURCE PLAN (IRP) PROCESS UPDATE. PRPA CEO Frisbie and COO Setti provided a review of the IRP, a comprehensive long-term plan to integrate customer energy demand and resources with utility resources to provide reliable, economic, and environmentally friendly electricity to customers. The IRP assists in preparing for industry changes arising from technology progress, consumer preferences, and regulatory mandates. The 18-month planning process included external studies, community engagement, load forecasting, and plans for the next 10-20 years. They highlighted community meetings, clean energy transitions, replacing 431 DR A F T Board of Trustees – July 9, 2024 – Page 3 megawatts of coal with low or no-carbon energy, energy and capacity planning, the IRP process, the renewable purchase power agreement, system and resource reliability, electric supply and demand forecasting, storage options, current CO2 emissions and reduction, and projected power supply costs. The recommended Optimal New Carbon portfolio would be consistent with the Resource Diversification Policy goals, maintain optionality for the future, and provide equitable access for all citizens. The Board discussed forecasting challenges, certainty of cost projections, strategies being utilized to meet PRPA’s financial strategic plan, Larimer County population growth impacts, weather impacts on load and demand, replacement of the natural gas generator, where PRPA stands with the other major utility providers, and next steps. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 09-24, ZONING MAP AMENDMENT FOR 540 AND 550 WEST ELKHORN AVENUE, ELKHORN PLAZA ASSOCIATION, OWNER/JOE COOP, VAN HORN ENGINEERING, APPLICANT. Mayor Hall opened the public hearing and stated he received an ex-parte communication from a citizen prior to the public hearing scheduled on June 25, 2024, he provided a summary of the comments to the Board. Planner Hornbeck presented the request to rezone 540 and 550 West Elkhorn Avenue from the Multi-Family Residential (RM) to the Outlying Commercial (CO) zoning district. The 0.84 acres site contains fifteen residential condominium units in two buildings and the application for rezoning was submitted by the owner’s association on behalf of the individual owners of each unit. Historically, the properties were commercially zoned in 1974 as C-2 Restricted Commercial, in 1989 as CO, and in 2000 was rezoned from CO to the current RM zoning as part of the valley-wide update to land use regulations. No record exists as to why the properties were rezoned in 2000; however the residential use of the properties did not match the commercial zoning. Per the Statement of Intent, this request would create consistency with neighboring lots, make future redevelopment more viable, accommodate for owners lack of awareness of the 2000 rezoning, and allow licensing of vacation homes without being subject to the cap and waitlist. Four of the units are licensed vacation homes. Staff and the Estes Park Planning Commission recommend denial of the application as it was found non-compliant with the housing policies and intent of the Comprehensive Plan, rezoning to a non-residential zoning district would create a non-conforming use, and the changes and conditions in the area were not substanital enough to make rezoning necessary. Joe Coop, Van Horn Engineering and representative of the applicant, was available for questions and spoke regarding the previous rezonings, specifically in 2000, and it’s impact on the owners, desire of the owners to combine the lots into one parcel with one zone, building limitation due to encroachments with lot lines, and that it was not the primary intent of all owners to become vacation home licensees. Gerald Mayo/Town citizen and Jim Doctor/Town citizen spoke in favor of the ordinance citing long-term ownership in the condominium complex, technology issues during the pre-application meeting, change in staff opinion and support, inference that owners in this area would be willing to provide workforce housing, the desires of the property owners, and the targeting of short term rentals. John Meissner/Town citizen spoke regarding the ex-parte communications and requirements of the Board to recuse themselves if they received ex-parte communications. The Board discussed notification of the valley-wide rezoning to owners in 2000, whether the northern lot in question was in the floodplain, variance DR A F T Board of Trustees – July 9, 2024 – Page 4 requirements of encroachments to build additions such as decks, the number of owners interested in the rezoning, limits on short term rentals in residential neighborhoods, the comprehensive plan reference to reduce the number of short term rentals, restorative rezoning impacts, and staff’s technical review of planning applications. Mayor Hall closed the public hearing and it was moved and seconded (Igel/Brown) to approve Ordinance 09-24, and it passed unanimously. It was moved and seconded (Igel/Hazelton) to extend the meeting past 10:00 p.m., and it passed with Mayor Pro Tem Cenac voting “No.” ACTION ITEMS: 1. ORDINANCE 11-24 AMENDING SECTION 5.20.110 OF THE ESTES PARK MUNICIPAL CODE REGARDING BED AND BREAKFAST INNS. Mayor Hall opened the public hearing and Town Clerk Williamson and Attorney Kramer presented the Ordinance to amend the Municipal Code regarding bed & breakfast inns (B&Bs). The Board began discussing amendments to the B&B regulations in April 2023 with an initial moratorium established in May 2023 with the passage of Ordinance 06-23. A subsequent 6-month moratorium and 3-month moratorium were established by Ordinance 12-23 and 08-24 respectfully, the latter of which would expire August 23, 2024. The Board previously directed staff to bring forward an ordinance to align the B&B definition with the state and county definition, require innkeepers to reside in the same unit as the B&B, require innkeeper interaction with guests and be available within a 30-minute response time, require breakfast be offered, not allow the transferability of new licenses, require a drawing outlining areas used by guests, require a life safety inspection, define the rental of sleeping areas, and provide a grace period for currently licensed B&Bs to come into compliance. The proposed Ordinance would address and provide clarifications on the previously listed requirements. In addition, it would define the local representative for a B&B as the “innkeeper”, cleanup language and small typos, and update the building code reference for life safety inspection requirements. Jim and Eunice Doctor/Town citizens and current B&B license holder stated concerns with the proposed regulations and specifically with the requirement to offer a cooked breakfast, the need to be on-site during rental operations, and the need to interact with the guests. They stated previous renters have declined meals and wanted their privacy in their separate rented space. John Meissner/Town citizen voiced concerns regarding the enforceability of the regulations and non-compliant properties currently operating. The Board discussed notification to current B&B owners, the prohibition of discounts for multiple rooms being rented to one party, enforcing room-by-room rentals, opportunities for and received public comments, hosted short-term rentals, and the offering of a breakfast. Mayor Hall closed the public hearing and it was moved and seconded (Lancaster/Brown) to approve Ordinance 11-24 amending subsection g. to remove “and no discount or other enticement for renting more than one room,” and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. PROPOSED ELECTRIC RATE INCREASE. Director Bergsten presented the proposed electric rate increase. The Town performs a financial rate study every three years to ensure utility revenues and expenditures remain balanced. As presented to the Board at the March 12, 2024 Study Session, due to unprecedented increases in operations, staff proposes an overall rate increase of 5.0% starting October 2024, with rates for 2025 and 2026 brought forward following a full cost-of-service analysis. He highlighted the rate study process and distribution of utilities, weather impacts to presenting the rate increases, pressures on utility rates, supply chain issues, partnerships, cost sharing, and smart DR A F T Board of Trustees – July 9, 2024 – Page 5 metering. The public hearings for electric rate increases have been set for July 23, 2024 and August 13, 2024. Whereupon Mayor Hall adjourned the meeting at 11:12 p.m. Gary Hall, Mayor Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado July 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 July, 2024. Board: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Recording Secretary Richards Absent: None Mayor Hall called the meeting to order at 5:00 p.m. PUBLIC COMMENT DURING STUDY SESSIONS. Town Administrator Machalek reviewed Section 3.c of Town Board Policy 105 – Agendas which allows public comment during Study Sessions at the discretion of the chair with agreement by a majority of the Board. It was further noted the practice of allowing public comment has been infrequent in the past. He noted allowing public comment provides an opportunity for the public to engage in early stages of topics, however, it reduces the focused discussion time for the Board and may extend the meetings. He requested direction from the Board on possible amendments to the policy to incorporate public comment as standard practice. Board discussion ensued and has been summarized: Time commitment of public comment for all agenda items; concern with the Board providing direction to staff without public input; loss of open conversational atmosphere with the addition of public comment; various citizen communication opportunities exist outside of Town Board meetings; and maintaining differentiation between Study Session and Regular meetings. Town Administrator Machalek offered an interim solution in which the Board would identify items that include public comment upon adding the topic to the Study Session list. The practice would provide the public with advance notice of the opportunity to comment. Board consensus was to maintain the current policy and adjust the practice to indicate items that would include public comment as outlined by Town Administrator Machalek. AGENDA POLICY REVIEW. Town Administrator Machalek reviewed Section 2.b(v) of Town Board Policy 105 – Agendas which permits a Trustee to add items to a regular board agenda through the following methods: a request during the Trustee comment period of a Study Session; during the Trustee comment period of a regular meeting with majority affirmative vote; during a regular meeting with a majority affirmative vote of members present to add to current meeting; by referral from a Board Standing Committee; or emergency items by Mayor, Town Administrator or Town Attorney at any time. He requested direction from the Board on amendments to the policy, and outlined the practices at several similar municipalities. Board discussion ensued and has been summarized: stated concern with a majority affirmative vote requirement delaying items from being heard; emphasis on team function of Board; and history of inclusion of requested discussion topics. Board consensus was to maintain the current policy and revisit if issues arise. GOVERNING POLICY UPDATES. Town Administrator Machalek presented the first in a series of Governing Policy updates that would include cleanup to previous policy verbiage and format to align with the 2024 Strategic Plan goals and current operations. He reviewed the highlights which DR A F T Town Board Study Session – July 9, 2024 – Page 2 included the removal of placeholder items; update of the word “resident” to “citizen”; encouragement of Board interaction with Town staff; and removal of inactive Board Standing Committees. He requested Board direction on the proposed edits and whether the Board had additional edits. The Board requested a review of the Code of Conduct and an update to Policy 1.3 to add Municipal Judge performance measurements. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Mayor Hall requested a distinction between the Trustee & Administrator Comments & Questions and Future Study Session Agenda Items sections, to which Town Administrator Machalek suggested a format change to combine their functions. Trustee Brown requested a brief history of Board Standing Committees. FUTURE STUDY SESSION AGENDA ITEMS. None. There being no further business, Mayor Hall adjourned the meeting at 5:57 p.m. Rachel Richards, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado May 31, 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 31st day of May, 2024. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Attending: All Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, and Recording Secretary Disney Absent: None Mayor Hall called the meeting to order at 9:00 a.m. INTRODUCTION TO STRATEGIC PLANNING FOR 2025. Town Administrator Machalek provided an overview of the strategic planning process which would include a review of the Mission, Vision, Outcome Areas, and Policy Statements in the first meeting and the second meeting would include a review of the goals and objectives. The final provisional strategic plan would be reviewed by the Board in June 2024 and would help guide the proposed 2025 budget which would come before the Board in Fall 2024. He stated the 2025 budget would be tighter in anticipation of lower sales tax revenues and construction impacts. REVIEW MISSION, VISION, AND OUTCOME AREAS. The Board reviewed the Mission, Vision, and Outcome Areas of the Town and noted the perception of prioritizing guests in both the Vision statement and the order of the outcome areas. The Board determined to reorder the Mission before the Vision, to rename Outstanding Community Services to Exceptional Community Services, rename Exceptional Guest Services to Outstanding Guest Services, rename Infrastructure to Utility Infrastructure, and to maintain the order of outcome areas with no rank-ordering or prioritization. REVIEW STRATEGIC POLICY STATMENTS. Exceptional Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play with housing available for all segments in our community. Board discussed and determined to replace the use of “visitor” with “guest” throughout the plan. The following Strategic Policy Statements were reworded, added or deleted: Statement 3: We support a family-friendly community. Statement 6: We have an up-to-date Comprehensive Plan and Development Code that reflect the will of the community. Statement 7: We are committed to improving community accessibility for residents and guests from diverse cultures and residents and guests with disabilities. Statement 8: We enact policies that collectively support all demographic segments of the community. Statement 9: We value the Estes Park Museum’s work to preserve, share, and respect the unique history of Estes Park, and incorporate that history into our decision-making process. DR A F T Town Board Study Session – May 31, 2024 – Page 2 Statement 10: We support public art and creative endeavors. Governmental Services and Internal Support – We provide high-quality support for all municipal services. The following Strategic Policy Statements were reworded, added or deleted: Statement 2: We attract and retain high-quality staff by being an employer of choice, including offering highly competitive benefits and wages, and encouraging work-life balance. Statement 8: We operate with transparency, maintaining open communication with all community members and proactively making Town information available to the public. Statement 10: We maintain a robust, transparent, accessible, and user-friendly public- facing website. New Statement: We ensure that our facilities are well-maintained and meet the needs of Town Departments and the community. Outstanding Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest experience. The following Strategic Policy Statements were reworded, added or deleted: Statement 2: We provide and support high-quality events that attract guests to the Town. Statement 4: We balance data-driven decisions with community values when serving our guests and residents using up-to-date and relevant data. Statement 5: To be deleted. Statement 7: We work to ensure that Estes Park is a sustainable tourism destination. Public Safety, Health, and Environment – Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: To be deleted. Statement 2: We are committed to safeguarding the lives and property of the people we serve. Statement 3: We are committed to fairness and support for victims of crime and disasters. Statement 4: We value the importance of maintaining a local emergency communication center to serve the Estes Valley. Statement 5: We strive to enhance the safety of emergency responders. Statement 7: We train and prepare to fully and immediately respond to community emergencies. Statement 9: We recognize the importance of behavioral health in our community and work with local and regional partners to improve mental health safety, treatment, and awareness. New Statement: We support environmental stewardship and sustainability through our policies and actions. Robust Economy – We have a diverse, healthy, year-round economy. The following Strategic Policy Statements were reworded, added or deleted: DR A F T Town Board Study Session – May 31, 2024 – Page 3 Statement 1: We foster an inclusive, robust, and sustainable economy based on a triple- bottom-line model, considering economic, social, and environmental impacts and benefits. Statement 3: We support a diverse economy, attracting and serving a broad range of current and potential stakeholders. Statement 4: We recognize the importance of a vibrant, attractive, and economically viable downtown. Statement 5: We support investment and revitalization in all of the Town’s commercial areas. Statement 6: We support economic development efforts led by other organizations. Statement 7: To be deleted. Statement 8: To be deleted. New Statement: We recognize the benefits of shopping locally and will actively support our local businesses and the local economy. Town Financial Health – We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We maintain up-to-date financial policies, tools, and controls that reflect the financial philosophy of the Board. Statement 2: We make data-driven financial decisions. New Statement - We will consider the most effective financing strategy for large capital projects on a case-by-case basis, ensuring that each financing package is appropriately tailored to the project under consideration. Transportation – We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We value the development and maintenance of having a sustainable, accessible, and efficient multimodal transportation network. Statement 2: We will address traffic congestion and improve traffic and pedestrian safety throughout the Town. Statement 3: We effectively communicate with residents and guests about the Town’s parking and transportation options. Statement 4: We consider strategic, data-driven investments in technology that promote the financial and environmental sustainability of the Town’s parking and transportation assets. Statement 5: We identify and leverage local, regional, and national partnerships that strengthen and extend the Town’s parking and transportation system. Statement 6: We consider the potential impacts of technology changes, including electric and autonomous vehicles, and repurposing of parking structures, in all transportation planning. Statement 7: We will develop and maintain sidewalk and trail connectivity in the Estes Valley in partnership with other entities. New Statement: We will maintain a high-quality network of streets for our community. DR A F T Town Board Study Session – May 31, 2024 – Page 4 New Statement: We identify and leverage local, regional, and national partnerships that strengthen and extend the Town’s parking and transportation system. Utility Infrastructure – We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. The Board discussed adding a goal for implementing the ADA transition plan and Stormwater Master Plan. The following Strategic Policy Statements were reworded, added or deleted: Statement 1: We ensure high-quality reliability and redundant water service. Statement 4: To be moved to Governmental Services and Internal Support. Statement 5: We are proactive in our approach to mitigating flood risks. Statement 7: We partner with the three other owner communities to advance Platte River Power Authority towards our goal of a 100% noncarbon energy mix. The Board discussed the potential of holding a special meeting for downtown business support and it was determined to hold the discussion at the regular meeting on June 11, 2024. Town Administrator Machalek provided details for the next steps of the strategic planning process and there being no further business, Mayor Hall adjourned the meeting at 11:39 a.m. Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado June 18, 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 18th day of June, 2024. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Attending: All Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Interim Finance Director Hudson, Town Clerk Williamson, Directors Bergsten, Hinkle, and Muhonen, Interim Police Chief Stewart, PIO Miller, Manager Klein, and Recording Secretary Disney Absent: Director Careccia Mayor Hall called the meeting to order at 9:30 a.m. Review of objectives and goals. Town Administrator Machalek reviewed changes or additions from the Departments and the Board to the Strategic Policy Statements, Objectives and Goals for each Key Outcome Area. Revisions and additions have been listed below: Exceptional Community Services – Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play with housing available for all segments in our community. The Board discussed defining the different types of parks including pocket parks, regional parks, and open spaces, needs of the senior population, and logic behind the naming of specific partners opposed to a more general statement. Goal 1.A: Plan for and utilize 6E funds to achieve Workforce and Attainable Housing goals in partnership with the Estes Park Housing Authority and other strategic partners. Goal 1.B: Incentivize private development of workforce and attainable housing. Goal 5.A: Implement the recommendations of the 2025 Parks & Open Space Master Plan. Goal 6.B: Collaborate with community stakeholders to update our adopted transportation, drainage, and parking design standards and construction policies in the Development Code by 2026. Goal 7.A: Implement the 2023 ADA Transition Plan. Goal 7.B: Continuously implement organizational processes and services to improve the accessibility of public information in all formats, with a particular focus on the needs of individuals with disabilities and those with limited English proficiency. Objective 2.A.1: Increase utilizations of “Access Granted” for senior community that will allow participants to share home access codes and emergency contact information so that first responders will not have to damage anything if they need to do an emergency welfare check. Objective 4.A.1: Track progress towards metrics of success established for childcare in 2024. Objective 5.A.1: Develop a master plan for Town Parks and Open Space, in cooperation with the Recreation District and Estes Valley Land Trust. Include chapters on water- conscious landscaping and pocket parks. DR A F T Town Board Study Session – June 18, 2024 – Page 2 Objective 6.1: Formalize an annexation policy with Larimer County. Objective 6.A.1: Continue rewriting the Estes Park Development Code with participation from elected/appointed officials, stakeholders, and residents. (multi-year objective) Objective 7.A.1: Replace ADA non-compliant signs in Town buildings that are open to the general public. Objective 7.B.1: Develop a digital accessibility transition plan as required by state law. Objective 7.B.2: Promote utilization of “reachwell” app for non-English speaking community alters (NoCo Alerts & EP Alerts). Objective 9.A.1: Complete Museum Annex addition. Governmental Services and Internal Support – We provide high-quality support for all municipal services. The Board discussed the employment needs of the Facilities division and whether it was prudent to have a goal to implement a plan, in general, which was not yet finalized. Goal 1.A: Update and actively work on Human Resources Strategic Plan Action items annually. Goal 3.B: Ensure adequate resourcing to meet the current and future preventative facilities maintenance needs for Town building and parcels. Goal 11.D: Establish a timeline and funding strategy to implement the Facilities Master Plan recommendations. Start with the relocation of the Police Department out of Town Hall. Goal 11.F: Plan to meet the space needs of the Facilities Division. The Board took a 5-minute break at 9:34 a.m. and reconvened at 9:41 a.m. Objective 1.A.1: Implement 2024 Organizational Culture Action Plan. Objective 1.A.2: Revise Employee Success & Development Form and Process for 2025 based on feedback received in 2024. Objective 2.A.1: Propose and implement approved recommendations from the Town employee benefit package review conducted in 2024. Objective 4.A.1 Investigate translation of the volunteer form into other languages to solicit a diverse applicant pool. Objective 7.B.1: Implementation of new Human Resources Information System/Payroll. Objective 7.B.2: Add process improvement goals to the Employee Success and Development program to reinforce the value. Objective 7.B.3: All new employee records will be filed electronically starting in 2025. Objective 7.B.4: Evaluate the development of a searchable public GIS portal to enhance access to available property records. Objective 7.C.1: Digitize Community Development Planning and Zoning records. Objective 7.C.2: Continue evaluation of permanent financial records for digitization. Objective 9.A.1: Replace Town firewalls and associated software for increased web protection. Objective 9.A.2: Implement additional security measures to better protect the Town against cyber threats. Objective 11.A.1: Complete building repair audits for Town Hall and the Visitor Center. Objective 11.B.1: Remodel the public restrooms in Town Hall. Objective 11.C.1: Replace florescent lighting with LED lights in the Street Shop. DR A F T Town Board Study Session – June 18, 2024 – Page 3 Objective 11.D.1: Start design efforts and pursue land acquisition necessary to relocate the Police Department out of Town Hall (2024 carryover). Outstanding Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest experience. The Board discussed the hours of operation for the Visitor Center and the need to review the strategic plan of the Visitor Center. Goal 2.C: Continue to support events through creativity, innovation, and technology. Goal 3.A: Work with public- and private-sector entities to encourage additional town destination opportunities for guests, including the Museum, particularly in case visitation limits in the National Park or elsewhere remain a factor. Goal 5.B: Visitor Services will work with Visit Estes Park and the Rocky Mountain Conservancy on developing and implementing ways to help educate and entertain guests at the Visitor Center. Goal 5.C: Continue to implement a Guest Services (Service Elevated) annual training for volunteers in the Visitor Center. Objective 2.A.1: Develop a guiding philosophy for events that includes consideration of impact on businesses and the community. Objective 2.B.1: Add Breakaway Roping as a women’s competitive event at the Rooftop Rodeo. Objective 2.C.1: Offer a better guest experience in the Event Center by upgrading the audio/visual equipment. Objective 2.C.2: Utilize Laserfiche to automate event processes such as event orders, vendor inquiries, and forms, and check request forms. Objective 4.1: Evaluate and implement better tracking metrics for the Town’s outdoor festivals. Objective 5.1: Ensure the availability of an Official Visitor Guide mailing program. Objective 5.B.1: Collaborate with the Rocky Mountain Conservancy to provide on-site education opportunities at the Estes Park Visitor Center. Objective 5.B.2: Explore interactive exhibit for the Estes Park Visitor Center. Public Safety, Health, and Environment – Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. The Board discussed the Drive Clean Colorado program and licensing of commercial arborists. Goal 2.A: Continue to incorporate the Environmental Sustainability Task Force recommendations. Objective 1.1: Implement arborist licensing program based on direction from Town Board. Objective 2.C.1: Explore feasibility of solar panels and battery storage on proposed new PD building. Objective 2.G.1: Evaluate the feasibility of plug-in hybrid vehicles for use in the Police Department. Objective 2.G.2: Replace hedge trimmers, leaf blowers, and line trimmers powered with internal combustion engines with battery operated tools to comply with state standards for municipal governments. Objective 2.G.3: Evaluate creation of a Climate Action Plan specific to Estes Park. DR A F T Town Board Study Session – June 18, 2024 – Page 4 Objective 2.H.1: Collaborate with Drive Clean Colorado to accelerate equitable adoption of clean transportation options. Objective 5.1: Increase interagency operability by collaborating with public safety partners on radio channel sharing authorizations. Objective 7.A.1: Acquire dual-band radios for Police Department supervisors to assure emergency communications during critical incidents and disasters. Robust Economy – We have a diverse, healthy, year-round economy. The Board discussed efforts to address the Downtown Plan and the need to work with the Chamber to confirm the interest of the community plan and adding a goal for Statement 6. Goal 2.A: Improve and streamline the Development Review process. Goal 5.A: Conduct corridor studies for the corridors called out in the Comprehensive Plan. Goal 6.A: Work with the Economic Development and Workforce Council to build capacity for small business owners to address employee housing needs. Objective 2.A.1: Implement a new software module form SAFEbuilt to allow electronic submittal of development applications and automated workflow processing. Town Financial Health – We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. The Board discussed holding a review of the Capital Improvement Plan and process at a future meeting. Goal 1.A: Replace the current accounting system with a modern Enterprise Resource Planning (ERP) system by 2025. Objective 1.A.1: Complete the implementation of the Enterprise Resource Planning (ERP) system by the end of 2025. Objective 1.B.1: Finalize set of general budget policies to help guide budget development in the future. Transportation – We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. Goal 1.A: Upgrade and maintain our public trail network to comply with adopted safety and disability standards utilizing directed sales tax funding approved through 2034. Goal 1.C: Implement the Wayfinding Signage Program. Goal 3.E: Fund, Commission and implement a corridor study to deliver multimodal transportation improvements on US 34 between Wonderview Avenue and Steamer Drive. Goal 8.B: Obtain funding to design and build a functionally connected bike and pedestrian facility network within one mile of Estes Park public schools Objective 1.A.1: Complete Phase 1 (design) of the US34 and SH7 trail reconstruction projects. Objective 1.C.1: Construct/Install Downtown Wayfinding Signage Phase 2 Objective 2.A.1: Complete the rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive (2024 carryover). Objective 2.A.2: Complete the reconstruction of Matthew Circle. Objective 2.A.3: Complete the reconstruction of Steamer Parkway. DR A F T Town Board Study Session – June 18, 2024 – Page 5 Objective 2.A.4: Complete the Cleave Street improvements Project (2024). Objective 2.A.5: Complete the reconstruction of 2nd Street and provide ADA compliant pedestrian facilities following the water main and service installation project (2024 carryover). Objective 3.A.1: Begin evaluating traffic flow and business impacts upon completion of the Downtown Estes Loop. Objective 3.C.1: Seek funding and create an implementation timeline for the year-one recommendations from the Transit Development Plan. (2024 Carryover). Objective 3.D.1: Select specific recommendations from the 2045 Multimodal Transportation Plan for budgeting and implementation in 2026 (2024 carryover). Objective 3.E.1: Seek grant funding for a corridor study that identifies needed multimodal transportation improvements on US 34 (Big Thompson Avenue) between Wonderview Avenue and Steamer Drive. Objective 3.C.2: Collaborate with RTD and the newly created GoNoCo34 Transportation Management Organization to enhance regional transit connectivity options. Objective 5.A.1: Identify funding and construct a 3-level parking structure at the Big Horn parking lot (multiyear objective). Objective 5.A.2: Evaluate expansion of paid parking lots and/or rates to fund the annual debt service needed to pay for a 3-level parking structure at the Big Horn parking lot. Objective 5.A.3: Evaluate Downtown Parking Management Plan phasing as it relates to additional Downtown parking. Objective 8.B.1: Design the Community Dive Multi-Use Trail (east side of Community Drive between Manford Avenue and US36). If funded through a Safe Routes to School (SRTS) or other grant funding source, advertise for construction in Q4 2025. Objective 8.C.1: Complete design of the Fall River Trail Final Segment and advertise for construction to commence in Q4 2025. Utility Infrastructure – We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. Goal 1.A: Ensure at least one water treatment plant can reliably operate year-round. Goal 1.B: Improve water accountability by decreasing per capita treated water demand through loss reduction. Goal 1.C: Increase the resiliency of the water distribution system. Goal 2.C: Use funding from the 1% Sales Tax to help reduce the risk of high-voltage power lines igniting a wildfire. Goal 4.E: Pursue grant funding for private and/or public flood mitigation and stormwater projects. Goal 5.A: Accumulate net positive revenues and apply for grants to fund capital expansion of the fiber-optic infrastructure. Goal 5.B: Build an affordable internet connection program. Goal 6.A: Advocate for collaboration and consolidation of common modernization platforms between the three owner communities and PRPA to support financial sustainability of PRPA’s carbon-to-renewable transition plan. Objective 1.A.1: Use the Master Plan results to generate options for achieving reliable year-round operation of at least one water treatment plant. Objective 1.B.1: Develop a penalty process for customers who do not comply with water administrative regulations. Objective 1.C.1: Initiate construction of the Mall Road Looping Project. DR A F T Town Board Study Session – June 18, 2024 – Page 6 Objective 2.C.1: Develop a schedule and prioritization of projects to maximize our funds in the areas west of town with the highest wildfire risk. Objective 4.B.2: Complete at least one stormwater CIP project from the list included in the Stormwater Drainage System Maintenance Policy. Objective 5.B.1: Establish a process to verify applicant-provided information that would determine these applicants as eligible for participation in a low-cost Trailblazer program. Town Administrator Machalek provided details for the next steps of the process and there being no further business, Mayor Hall adjourned the meeting at 11:33 a.m. Kimberly Disney, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado, May 21, 2024 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park on May 21, 2024. Commission: Chair Matt Comstock, Charles Cooper, Chris Pawson Attending: Chair Comstock, Commissioners Cooper, Pawson, Community Development Steve Careccia, Senior Planner Paul Hornbeck, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Frank Lancaster Absent: Chair Comstock called the meeting to order at 1:30 p.m. There were five people in attendance. AGENDA APPROVAL It was moved and seconded (Pawson/Cooper) to approve the agenda. The motion passed 3-0. INTRODUCTIONS PUBLIC COMMENT: none CONSENT AGENDA APPROVAL It was moved and seconded (Pawson/Cooper) to approve the consent agenda. The motion passed 3-0. ACTION ITEMS Election of Officers: It was moved and seconded (Cooper/Pawson) to nominate Matt Comstock as chair. The motion passed 3-0. (verbal) It was moved and seconded (Pawson/Comstock) to nominate Chuck Cooper as Vice Chair. The motion passed 3-0. (verbal) Rezone Request 540-550 W Elkhorn Ave Senior Planner Hornbeck Elkhorn Plaza Association, owner / Van Horn Engineering, applicant Planner Hornbeck reviewed the staff report. 540 and 550 West Elkhorn Avenue is a 0.84- acre site currently zoned RM (Multi-Family Residential), containing fifteen residential condominium units in two buildings. In 2000, the property was rezoned from C-O to R-M as a part of the larger valley-wide update to land use regulations and the zoning map. There is no record as to why this particular property was rezoned at that time, but one possible explanation is that commercial zoning did not match the residential use of the property. Staff recommended the Planning Commission forward a recommendation of denial to the Town Board of Trustees, including the following findings: not compatible or consistent with the policies and intent of the comprehensive plan, mainly housing opportunities sufficient to support a multigenerational, year-round community and limiting of short-term rentals. Discussion: Split zoning is when a single lot has more than two zone districts. Spot zoning is when a rezoning is done to ensure a specific use can be done on the property in an irrational way and without regard to the Comprehensive Plan to allow a development to go through. Planning Commission – May 21, 2024 – Page 2 Joe Coop, Van Horn Engineering, reiterated the history of the condominiums. Internal lot conditions drive this request, which is not a major change. This area has always been a spot for nightly rentals. The Comprehensive Plan calls for this type of use close to downtown. Public Comment: summarized Gerald Mayo, 265 Lookout Street. His family has owned one of the Condos since 1972. Units have been used as rentals off and on for decades. The property is surrounded by CO zoning, and giving CO zoning back to the apartments will not change the world. Jim Doctor, 521 Grand Estates Dr, there is a greater return on investment and wear and tear on property far less with short-term rentals. Discussion: A moratorium exists on applying for a short-term rental in residential zone districts. Commercial districts have no waitlist. Pawson had concerns with the nonconforming use change and “jumping the STR line,” stating that he believes short-term rentals are hampering long-term rentals. Comstock had questions about the order of rezoning and requested variances for the three separate lots. Combining the lots first would not affect staff recommendations. It was moved and seconded (Pawson/Cooper) to forward a recommendation of denial to the Town Board of Trustees of the Zoning Map Amendment application, according to findings of fact recommended by Staff. The motion passed 3-0. REPORTS: A green light has been given to issue the RFP for the Development Code rewrite. Once a consultant has been hired, the anticipated completion is 18-24 months. Applications are still being taken to fill the two open positions on the Planning Commission. There being no further business, Chair Comstock adjourned the meeting at 2:30 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary PUBLIC WORKS Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Dana Klein, CPP, CCTM, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: July 23, 2024 RE: Resolution 51-24 Intergovernmental Agreement with the Colorado Department of Transportation for FY 2023 Federal Transit Administration 5311 Rural Area Formula Funds to Support Estes Transit (The Peak) – CDOT PO 491003171 PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works (PW) staff seek Town Board approval of an intergovernmental agreement (IGA) with the Colorado Department of Transportation (CDOT) for Federal Transit Administration (FTA) 5311 Rural Area Formula Funds to support Estes Transit (The Peak) administration and operation. Present Situation: The FTA 5311 Program is for rural areas (population less than 50,000) that operate fixed-route or demand-response general public transit. This is the second of two Fiscal Year (FY) 2023 awards from this federal funding source. The first award was approved by the Town Board on November 11, 2023. In the fall of 2023, the Town was notified that Estes Transit (The Peak) would receive $100,000 in FY 2024 FTA 5311 funding through two separate awards: FY 2024 “Baseline” (the agreement approved on Nov. 11) and FY 2024 “Expansion” (this agreement). The Baseline award represents what Estes Transit (The Peak) would have received based on CDOT’s formula-based allocation alone, while the Expansion award represents an additional allocation stemming from PW staff advocacy of CDOT on behalf of Estes Transit (The Peak). Proposal: PW staff recommend approval of the IGA with CDOT as presented. Advantages: • Supplement the Town’s General Fund allocation for administration and operation of Estes Transit (The Peak) in 2024. •Continue providing an ongoing, annual source of funding that, while not guaranteed, is considered stable due to the program’s longevity (10 years). •Supports the Town Board’s Strategic Plan Key Outcome Area, Transportation, along with several multi-year goals. Disadvantages: •Applying for and receiving grant funding is accompanied by additional administrative burdens; however, Town staff have recent experience managing a federal grant of this type. Action Recommended: Town Board approval of Resolution 51-24. Finance/Resource Impact: Current Impact: The Federal contribution is $28,950 (50%) with a required $28,950 local match (50%) for a total award of $57,900 (100%). The local match, $28,950, is budgeted in 101-5600-456-22-60. Future Ongoing or One-Time Impacts: None anticipated at this time. Level of Public Interest Public interest in this item is likely to be low. Sample Motion: I move for the approval/denial of Resolution 51-24. Attachments: 1.Resolution 51-24 CDOT IGA FY 2024 FTA 5311 Expansion 2.CDOT Subaward Agreement (provided to show agreement content; CDOT has issued a Docusign form for approval signature) RESOLUTION 51-24 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION 5311 RURAL AREA FORMULA FUNDS TO SUPPORT THE PEAK WHEREAS, the Town Board desires to enter the intergovernmental agreement referenced in the title of this resolution for the purpose of accepting Fiscal Year 2024 Federal Transit Administration (FTA) 5311 Rural Area Program Funds to support the administration and operation of The Peak; and WHEREAS, the Town Board commits to maintaining the existence of public transportation services in 2024 in support of the goals outlined on page 20 of the subaward agreement. 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 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 1 of 46 Version 10/23/19 STATE OF COLORADO SUBAWARD AGREEMENT COVER PAGE State Agency Department of Transportation Agreement Number / PO Number 24-HTR-ZL-00254 / 491003538 Subrecipient TOWN OF ESTES PARK Agreement Performance Beginning Date The Effective Date Initial Agreement Expiration Date December 31, 2024 Subaward Agreement Amount Federal Funds Maximum Amount (50%) Local Funds Local Match Amount (50%) Agreement Total $28,950.00 $28,950.00 $57,900.00 Fund Expenditure End Date December 31, 2024 Agreement Authority Authority to enter into this Agreement exists in CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1- 702 and 43-2-101(4)(c), appropriated and otherwise made available pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104 and 23 USC §149. Agreement Purpose In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and operating assistance to states to support public transportation in rural areas with populations less than 50,000, where many residents often rely on public transit to reach their destinations. The work to be completed under this Agreement by the Subrecipient is more specifically described in Exhibit A. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1.Exhibit A – Statement of Work and Budget. 2.Exhibit B – Sample Option Letter. 3.Exhibit C – Federal Provisions. 4.Exhibit D – Required Federal Contract/Agreement Clauses. 5. Exhibit E – Verification of Payment. In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1.Exhibit C – Federal Provisions. 2.Exhibit D – Required Federal Contract/Agreement Clauses. 3.Colorado Special Provisions in §17 of the main body of this Agreement. 4.The provisions of the other sections of the main body of this Agreement. 5.Exhibit A – Statement of Work and Budget. 6. Executed Option Letters (if any). Principal Representatives For the State: Shilpa Kulkarni Division of Transit and Rail Colorado Dept. of Transportation 2829 W. Howard Place Denver, CO 80204 shilpa.kulkarni@state.co.us For Subrecipient: Dana Klein TOWN OF ESTES PARK PO BOX 1200 Estes Park, CO 80517-1200 dklein@estes.org Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Attachment 2 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 2 of 46 Version 10/23/19 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. SUBRECIPIENT TOWN OF ESTES PARK By:___________________________ Name:______ Gary Hall__________ Title:____Mayor (or Designee)_____ Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ 2nd Subrecipient Signature – Town Attorney By:_______________________ Name:____Dan Kramer__________ Title:_____Town Attorney________ Date: _________________________ 3rd Subrecipient Signature – Town Clerk By:_________________________ Name:____Jackie Williamson______ Title:_____Town Clerk___________ Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Department of Transportation Effective Date:_____________________ Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 3 of 46 Version 10/23/19 TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................ 3 2. TERM AND EFFECTIVE DATE .......................................................................................................... 3 3. DEFINITIONS........................................................................................................................................ 4 4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6 5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6 6. REPORTING - NOTIFICATION ........................................................................................................... 8 7. SUBRECIPIENT RECORDS ................................................................................................................. 9 8. CONFIDENTIAL INFORMATION - STATE RECORDS ................................................................... 9 9. CONFLICTS OF INTEREST ............................................................................................................... 10 10. INSURANCE........................................................................................................................................ 11 11. BREACH OF AGREEMENT ............................................................................................................... 12 12. REMEDIES .......................................................................................................................................... 12 13. DISPUTE RESOLUTION .................................................................................................................... 14 14. NOTICES and REPRESENTATIVES ................................................................................................. 14 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ..................................................... 14 16. GENERAL PROVISIONS ................................................................................................................... 15 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17 1. PARTIES This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure End Date. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 4 of 46 Version 10/23/19 E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of Agreement by Subrecipient, which shall be governed by §12.A.i. i. Method and Content The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder. F. Subrecipient’s Termination Under Federal Requirements Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit A. E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1), C.R.S. F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S. G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered by Subrecipient. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 5 of 46 Version 10/23/19 H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signa ture Page for this Agreement. I. “End of Term Extension” means the time period defined in §2.D. J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. K. “Extension Term” means the time period defined in §2.C. L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. N. “FTA” means Federal Transit Administration. O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in connection with the Services. P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24 -37.5-401, et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or sto rage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. R. “Initial Term” means the time period defined in §2.B. S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part of FTA’s standard terms and conditions governing the administration of a project supported with federal assistance awarded by FTA. T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match required to receive the Grant Funds and includes in -kind contribution. U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient. V. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maide n name, or biometric records. PII includes, but is not limited to, all information defined as personally identifiable information in §§24 -72-501 and 24- 73-101, C.R.S. W. “Recipient” means the State agency shown on the Signature and Cover Page s of this Agreement, for the purposes of this Federal Award. X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall include any services to be rendered by Subrecipient in connection with the Goods. Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include but is not limited to PII and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 6 of 46 Version 10/23/19 who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 - 30-202(13)(a), C.R.S. AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. BB. “State Records” means any and all State data, information, and records regardless of physical form. CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement. DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work. “Subcontractor” also includes sub -recipients of Grant Funds. EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purp oses of this Agreement, Contractor is a Subrecipient. FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A- 102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement. HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be construed and interpreted as defined in that section. 4. STATEMENT OF WORK AND BUDGET Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the de livery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYMENTS TO SUBRECIPIENT A. Subaward Maximum Amount Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on the Cover Page of this Agreement as “Federal Funds Maximum Amount”. B. Payment Procedures i. Invoices and Payment a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A. b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Subrecipient and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables provided under this Agreement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 7 of 46 Version 10/23/19 ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest to be paid and the interest rate. iii. Payment Disputes If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall notify the State in writing of its dispute within 30 d ays following the earlier to occur of Subrecipient’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Subrecipient and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitme nts beyond the term of the current State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. v. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient’s laws or policies. D. Reimbursement of Subrecipient Costs i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the Subrecipient prior to the Effective Date, only if (1) the Grant Funds i nvolve federal funding and (2) federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 8 of 46 Version 10/23/19 Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient provides notice to the State of the change, the change does not modify the Subaward Maximum Amount or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does not modify any requirements of the Work. iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by Subrecipient that reduce the cost actually incurred). iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State . E. Close-Out Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables (including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Quarterly Reports In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quar ter or at such time as otherwise specified by the State. B. Litigation Reporting If Subrecipient is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal Representative identified on the Cover Page for this Agreement. C. Performance and Final Status Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. D. Violations Reporting Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 9 of 46 Version 10/23/19 allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. SUBRECIPIENT RECORDS A. Maintenance Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work and the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”). Subrecipient shall maintain such records for a period of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or audit related to this Award starts befo re expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cogniza nt agency for audit, oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, the federal government, and any other duly authorized agent of a governmental a gency, in its discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all monitoring required by the U niform Guidance, based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work. D. Final Audit Report Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION - STATE RECORDS A. Confidentiality Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Subrecipient shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Subrecipient shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any request or demand for State Records to the State’s Principal Representative identified on the Cover Page of the Agreement. B. Other Entity Access and Nondisclosure Agreements Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 10 of 46 Version 10/23/19 Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. C. Use, Security, and Retention Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations only in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the State with access, subject to Subrecipient’s reasonable securit y requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State. If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned remediation in response to any negative findings. E. Data Protection and Handling Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any Subcontractors are protected and handled in accordance with the requirements of this Agreement, including the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work Product only apply to Work Product that requires confidential treatment. F. Safeguarding PII If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73- 103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24 -73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 11 of 46 Version 10/23/19 B. Apparent Conflicts of Interest Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Subrecipient’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18- 105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict of interest shall exist if Subrecipient employs or contracts with any State employee, any former State employee within six months following such employee’s termination of employment with the State, or any immediate family member of such current or former State employee. Subrecipient shall provide a disclosure statement as described in §9.C. no later than ten days following entry into a contractual or employment relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law. 10. INSURANCE Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Subrecipient or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit . D. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Subrecipient and Subcontractors. E. Primacy of Coverage Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self- insurance program carried by Subrecipient or the State. F. Cancellation All insurance policies shall include provisions preventing cancellation or non -renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 12 of 46 Version 10/23/19 Subrecipient shall forward such notice to the State in accordance with §14 within seven days of Subrecipient’s receipt of such notice. G. Subrogation Waiver All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H. Public Entities If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 - 10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. I. Certificates For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Subrecipient shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach of Agreement In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply wi th any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this Agreement to the extent not terminated, if any. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 13 of 46 Version 10/23/19 a. Obligations and Rights To the extent specified in any termination notice, Subrecipient shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subrecipient but in which the State has an interest. At the State’s request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the time of any termination. Subrecipient shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such termination shall be treated as a termination in the public interest , and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Subrecipient’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Subrecipient until Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state ; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient; Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 14 of 46 Version 10/23/19 (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Subrecipient’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Subrecipient for resolution. B. Resolution of Controversies If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Subrecipient pursues any further action . Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement . 14. NOTICES and REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for thi s Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 15 of 46 Version 10/23/19 of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre -existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third -party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. GENERAL PROVISIONS A. Assignment Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Binding Effect Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 16 of 46 Version 10/23/19 I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection with this Agreement. O. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R. Standard and Manner of Performance Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Subrecipient’s industry, trade, or profession. S. Licenses, Permits, and Other Authorizations i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 17 of 46 Version 10/23/19 Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado, shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its sole expense, a certificate of authority to transact business in the State of Colorado and designate a registered agent in Colorado to accept service of process. T. Federal Provisions Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term of this Agreement. 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all agreements except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available . C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts requ ired by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 18 of 46 Version 10/23/19 G. PROHIBITED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109, C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions, Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Subrecipient is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any man ner or degree with the performance of Subrecipient’s services and Subrecipient shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Subrecipient, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal work status of such emplo yee, and shall comply with all of the other requirements of the Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 19 of 46 Version 10/23/19 Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or po litical subdivision may terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 20 of 46 Version 10/23/19 EXHIBIT A, STATEMENT OF WORK AND BUDGET Project Description* 2024-5311: Operating - Expansion Federal Awarding Agency Federal Transit Administration (FTA) Federal Regional Contact Cindy Terwilliger Federal Award Date** To Be Determined Project End Date December 31, 2024 FAIN** To Be Determined CFDA# 20.509 CFDA Title Formula Grants for Rural Areas Program Subrecipient Estes Park, Town of UEID # KNMKSMB6JNW5 Contact Name Dana Klein Vendor # 2000306 Address PO Box 1200 Estes Park, Colorado 80517-1200 Phone # (970) 577-3957 Email dklein@estes.org Indirect Rate N/A Total Project Budget $57,900.00 Budget WBS*** ALI Federal Funds Local Funds Total Operating 23-11-4043.ESTE.300 30.09.01 50% $28,950.00 50% $28,950.00 $57,900.00 Total Project Amount Encumbered via this Subaward Agreement $57,900.00 *This is not a research and development grant. **The Federal Award Date and FAIN are not available at the time of execution of this Subaward Agreement. This information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be available upon request. *** The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Project Description Town of Estes Park shall maintain the existence of public transportation services through the following goals: 1. Enhance access to health care, education, employment, public services, recreation, social transactions, and other basic needs; 2. Assist in the maintenance, development, improvement and use of public transportation in their Transportation Planning Region (TPR); 3. Encourage and facilitate the most efficient use of all transportation funds used to provide passenger transportation in their TPR through the coordination of programs and services; and 4. Encourage mobility management, employment -related transportation alternatives, joint development practices, and transit-oriented development. This funding is provided to support the services described above for calendar year 2024 (January 1 – December 31). Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 21 of 46 Version 10/23/19 B. Performance Standards 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Reimbursement Request in COTRAMS 3/15/2024 Submit Progress Reports to GU Manager 4/28/2024 Submit Final Reimbursement Request in COTRAMS 1/15/2025 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the expiration date of this Subaward Agreement: December 31, 2024. 2. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Estes Park shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 3. Town of Estes Park will report on performance using the Program Measure Report in COTRAMS: a. Performance measures established for the FTA Section 5311 Program (Funds Expended, Fare Revenues, Sources of Expended Funds, Service Data, and Volunteer Resources) will be tracked and reported on by Town of Estes Park. 4. Performance will be reviewed based on: a. Completion of quarterly 5311 Program Measure Reports in COTRAMS, and b. Completion of the annual National Transit Database (NTD) Report. 5. 5311 Program Measure Reports will be submitted in COTRAMS by Town of Estes Park on or before the following due dates: a. Quarter 1 due April 28th; b. Quarter 2 due July 28th; c. Quarter 3 due October 28th; and d. Annual Report, including Quarter 4, due January 28th. 6. Town of Estes Park will assist CDOT with Disadvantaged Business Enterprise (DBE) reporting to FTA by using the biannual FTA DBE Report in COTRAMS to report: a. Contracts awarded, payments made, and contracts completed between Town of Estes Park and prime contractors; and b. Contracts awarded, payments made, and contracts completed between Town of Estes Park’s prime contractors and their subcontractors. 7. DBE Program Measure Reports will be submitted in COTRAMS by Town of Estes Park on or before the following due dates: a. Quarter 4 – Quarter 1 (for October 1 – March 31) due April 28th; and b. Quarter 2 – Quarter 3 (for April 1 – September 30) due October 28th. C. Project Budget 1. The Total Project Budget is $57,900.00. CDOT will pay no more than 50% of the eligible, actual operating costs, up to the maximum amount of $28,950.00. CDOT will retain any remaining balance of the federal share of FTA-5311 Funds. Town of Estes Park shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $28,950.00 (50%) for operating costs, and matching Local Funds of $28,950.00 (50%) for operating costs, will be encumbered for this Subaward Agreement. 2. No refund or reduction of the amount of Town of Estes Park’s share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 22 of 46 Version 10/23/19 3. Town of Estes Park may use eligible federal funds for the Local Funds share, but those funds cannot be from other Federal Department of Transportation (DOT) programs. Town of Estes Park’s share, together with the Federal Funds share, must be enough to ensure payment of Total Project Budget. 4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds for this Project under the terms of this Subaward Agreement, provided that the federal share of FTA funds to be administered by CDOT are made available and remain available. Town of Estes Park shall initiate and prosecute to completion all actions necessary to enable Town of Estes Park to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. D. Allowable Costs 1. Town of Estes Park shall agree to adhere to the provisions for allowable and unallowable costs cited in the following regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI : Financial Management; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other applicable requirements for cost allowability not cited previously, shall also be considered. 2. Town of Estes Park’s operating expenses are those costs directly related to system operations. Town of Estes Park at a minimum, should consider the following items as operating expenses: fuel, oil, drivers and dispatcher salaries and fringe benefits, and licenses. E. Reimbursement Eligibility 1. Town of Estes Park must submit invoice(s) monthly via COTRAMS. Reimbursement will apply only to eligible expenses that are incurred within the period of performance (January 1 – December 31) of this Subaward Agreement. 2. Reimbursement requests must be within the limits of Section D., Allowable Costs, of this Subaward Agreement. Town of Estes Park will be reimbursed based on the ratio of Federal Funds share and Local Funds share set forth in the Project Budget above. 3. Town of Estes Park must submit the final invoice within sixty (60) calendar days of December 31, 2024, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) days of issuance of the final reimbursement payment. F. Training In an effort to enhance transit safety, Town of Estes Park and any subrecipients and subcontractors shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, Town of Estes Park shall ensure that driving personnel are provided professional training in defensive driving and training on the handling o f mobility devices and transporting older adults and people with disabilities. G. Restrictions on Lobbying Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. H. Special Conditions 1. Town of Estes Park will comply with all requirements imposed by CDOT on Town of Estes Park so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award. 2. Town of Estes Park must permit CDOT and their auditors to have access to Town of Estes Park’s records and financial statements as necessary, with reasonable advance notice. 3. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1E. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 23 of 46 Version 10/23/19 4. Town of Estes Park cannot request reimbursement for costs on this project from more than one Federal Awarding Agency or other federal awards (i.e., no duplicate billing). 5. Town of Estes Park must obtain prior CDOT approval, in writing, if FTA funds are intended to be used for payment of a lease or for third-party contracts. 6. If receiving FTA 5311 funding, Town of Estes Park shall advertise its fixed route and/or rural based service as available to the general public and service will not be explicitly limited by trip purpose or client type. 7. If receiving FTA 5311 funding, Town of Estes Park shall maintain and report annually all information required by NTD and any other financial, fleet, or service data. 8. If receiving FTA 5311 or 5339 funding, Town of Estes Park will ensure subcontractors and subrecipients comply with FTA Drug and Alcohol Regulations. 9. Town of Estes Park will comply with the Federal Transit Administration (FTA) Drug and Alcohol Regulations, to include on time submission to FTA’s Drug and Alcohol Management Information System (DAMIS). 10. Town of Estes Park shall ensure that it does not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 11. Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles of environmental justice in planning, project development and public outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration Recipients.” 12. Town of Estes Park will provide transportation services to persons with disabilities in accordance with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 13. Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA Subrecipients. 14. Town of Estes Park shall ensure that it will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Estes Park shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 15. Town of Estes Park shall agree to produce and maintain documentation that supports compliance with the Americans with Disabilities Act to CDOT upon request. 16. Town of Estes Park shall update its Agency Profile in COTRAMS with any alterations to existing construction or any new construction in accordance with FTA Circular 4710.1. 17. If applicable, Town of Estes Park will adopt a Transit Asset Management Plan that complies with regulations implementing 49 U.S.C. § 5326(d). 18. Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR part 26 and CDOT’s DBE program. 19. Meal delivery must not conflict with providing public transportation service or reduce service to public transportation passengers. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 24 of 46 Version 10/23/19 EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number Insert the Option Number (e.g. "1" for the first option) Subrecipient Insert Subrecipient's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Contract Number of the Original Contract Subaward Agreement Amount Federal Funds Option Agreement Number Insert CMS number or Other Contract Number of this Option Maximum Amount (%) $0.00 Local Funds Agreement Performance Beginning Date The later of the Effective Date or Month, Day, Year Local Match Amount (%) $0.00 Agreement Total $0.00 Current Agreement Expiration Date Month, Day, Year 1. OPTIONS: A. Option to extend for an Extension Term or End of Term Extension. 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert start date and ending on the current agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is later. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ In accordance with §24-30-202, C.R.S., this Option Letter is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:_______________________________________ Department of Transportation Option Letter Effective Date: __________________ Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 25 of 46 Version 10/23/19 EXHIBIT C, FEDERAL PROVISIONS 1. APPLICABILITY OF PRO VISIONS 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with federal statutes, Award Terms and Conditions, Treasury’s Final Rule, and reporting requirements, as applicable. 1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements. 1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non -Federal Entity receives or administers. 2.1.2. “Entity” means: 2.1.2.1. a Non-Federal Entity; 2.1.2.2. a foreign public entity; 2.1.2.3. a foreign organization; 2.1.2.4. a non-profit organization; 2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or 2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.3. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds” report available at www.treasury.gov. 2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 26 of 46 Version 10/23/19 2.1.6. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. 2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.9.2. Is not organized primarily for profit; and 2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program. For SLFRF Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1 Revenue Replacement. 2.1.15. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.15.1. Salary and bonus; 2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 27 of 46 Version 10/23/19 respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.15.4. Change in present value of defined benefit and actuarial pension plans; 2.1.15.5. Above-market earnings on deferred compensation which is not tax- qualified; 2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.18. “Unique Entity ID Number” means the Unique Entity ID established by the federal government for a Grantee at https://sam.gov/content/home 3. COMPLIANCE. 3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.2. Per US Treasury Final Award requirements, grantee programs or services must not include terms or conditions that undermine efforts to stop COVID-19 or discourage compliance with recommendations and CDC guidelines. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS. 4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually. 4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update Grantee’s information in SAM.gov at least annually. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 28 of 46 Version 10/23/19 5. TOTAL COMPENSATION. 5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Grantee received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. If the total award is below $30,000 no reporting required; if more than $30,000 and less than $50,000 then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required. 7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED] Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 29 of 46 Version 10/23/19 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Agreements and purchase orders for work or products under this award. 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program- specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 30 of 46 Version 10/23/19 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all Subcontractors entered into by it pursuant to this Grant. 12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60- 1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, Office of Federal Agreement Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). 12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreements and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 31 of 46 Version 10/23/19 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 32 of 46 Version 10/23/19 12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement. 13. CERTIFICATIONS. 13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State Agency with signed grant agreement. 13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 33 of 46 Version 10/23/19 15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass- through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 34 of 46 Version 10/23/19 EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or CDOT expressly consents in writing, the Subrecipient agrees that: (1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the Underlying Agreement, to any Third party Participant at any tier, or to any other person or entity that is not a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and (2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation or Third party Agreement at any tier that may affect the underlying Agreement, the Federal Government and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the Subrecipient) to the underlying Agreement. Section 4(f) – Program fraud and false or fraudulent statements and related acts False or Fraudulent Statements or Claims. (1) Civil Fraud. The Subrecipient acknowledges and agrees that: (a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31. (b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or representation that the Subrecipient provides to the Federal Government and CDOT. (c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes available any false, fictitious, or fraudulent information. (2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law. Section 9. Record Retention and Access to Sites of Performance. (a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party Participants to retain, complete and readily accessible records related in whole or in part to the underlying Agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the applicable U.S. OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any Amendments thereto must be retained from the day the underlying Agreement was signed by the authorized FTA (or State) official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed. (c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each Subrecipient, if any, will agree to: (1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information related to its Award, the accompanying Agreement, and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the Subrecipient and each of its Subrecipients, (2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of the Subrecipient or Third party Participant within books, records, accounts, or other locations, and (3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules. (d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT Common Rules. (e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e Master Agreement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 35 of 46 Version 10/23/19 3(G) – Federal Changes Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance . The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or this Master Agreement. At the time the FTA Authorized Official (or CDOT) awards federal assistance to the Subrecipient in support of the Agreement, the federal requirements and guid ance that apply then may be modified from time to time and will apply to the Subrecipient or the accompanying Agreement, except as FTA determines otherwise in writing. 12 – Civil Rights (c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third party Participant, will: (1) Prohibit discrimination on the basis of race, color, or national origin, (2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332 ; and (3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3; and (iii) All other applicable federal guidance that may be issued. (d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third Party Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; (ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of th e Master Agreement; (v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements . (2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will: (i) Affirmative Action. Take affirmative action that includes, but is not limited to: (A) Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers, demotions, layoffs, and terminations; but (ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and (3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60; and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 36 of 46 Version 10/23/19 (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609; (x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xi) Other applicable federal civil rights and nondiscrimination regulations and guidance. Incorporation of FTA Terms – 16.a. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party C ontracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Energy Conservation – 26.j (a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR part 622, subpart C. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 37 of 46 Version 10/23/19 Applicable to Awards exceeding $10,000 Section 11. Right of the Federal Government to Terminate. (a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if: (1) The Subrecipient has failed to make reasonable progress implementing the Award; (2) The Federal Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award; or (3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger substantial performance of the Agreement. (b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal Government may recover the federal assistance it has provided for the Award, including the federal assistance for obligations properly incurred before the termina tion date, if it determines that the Subrecipient has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser amount, as the Federal Government may determine including obligations properly incurred before the termination date. (c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of performance established for the Award does not, by itself, constitute an expiration or termination of the Award; FTA may extend the period of performance to assure that each Formula Project or related activities and each Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems appropriate. Applicable to Awards exceeding $25,000 From Section 4. Ethics. (a) Debarment and Suspension. The Subrecipient agrees to the following: (1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 CFR part 1200. (2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and 1200.220) with any Third Party Participant that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions, except as authorized by- (i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200; (ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 CFR part 180; and (iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or suspended Subrecipients or Third Party Participants. (3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR part 1200. (4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and debarment provisions to all lower tier covered transactions. (5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Subrecipient will provide immediate written notice to the: (i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the underlying Agreement, (ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or (iii) FTA Chief Counsel. Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note) Note: Applicable when tangible property or construction will be acquired Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: Buy America. The domestic preference procure ment requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j). Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 38 of 46 Version 10/23/19 Section 39. Disputes, Breaches, Defaults, and Litigation. (a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or disagreement involving the Award, the accompanying underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Subrecipient, including divisions tasked with law enfo rcement or investigatory functions. (c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Agreement. Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its Award Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence. (d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third party agreement, or any federal, state, or local law or regulation. Applicable to Awards exceeding $100,000 by Statute From Section 4. Ethics. a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the underlying Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official channels. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 39 of 46 Version 10/23/19 Section 26. Environmental Protections – Clean Air and Clean Water (d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.” Applicable with the Transfer of Property or Persons Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: (a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j); (c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR part 381; and (d) Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 CFR §§ 301-10.131 – 301-10.143. Applicable to Construction Activities Section 24. Employee Protections. a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the underlying Agreement, including the: (1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3. (4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part 1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health Regulations for Construction,” 29 CFR part 1926. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 40 of 46 Version 10/23/19 From Section 16 (n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided in federal regulations and guidance: (1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract performance bonds, and payment bonds. (2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance. From Section 23 (b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically, 49 CFR § 41.117. Section 12 Civil Rights D(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60, and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. Applicable to Nonconstruction Activities From Section 24. Employee Protections (b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. Applicable to Transit Operations a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Subrecipient agrees to comply and assures that each Third Party Participant will comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): (1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto involve public transportation operations and are supported with federal assistance appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL is a condition of the underlying Agreement and that the Subrecipient must comply with its terms and conditions. (2) Special Warranty. When its Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and the Subrecipient must comply with its terms and conditions. (3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The Subrecipient agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make ca se-by- case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 41 of 46 Version 10/23/19 Section 28. Charter Service. (a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal Charter Service regulations, federal requirements, or federal guidance. (b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA has established the following additional exceptions to those restrictions: (1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)- type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal assistance for FTA program purposes only, and (2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for program purposes only. (c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604, appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. Section 29. School Bus Operations. (a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal requirements, or applicable federal guidance. (b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation of FTA’s School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant from receiving federal transit assistance. From Section 35 Substance Abuse c. Alcohol Misuse and Prohibited Drug Use. (1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR part 655; and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR part 40. (2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. Applicable to Planning, Research, Development, and Documentation Projects Section 17. Patent Rights. a. General. The Subrecipient agrees that: (1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the Subrecipient or Third Party Participant produces a patented or patentable invention, improvement, or discovery; (2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to practice with federal assistance provided through the underlying Agreement; or (3) When a patent is issued or patented information becomes available as described in the preceding section 17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and provide a detailed report satisfactory to FTA. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 42 of 46 Version 10/23/19 b. Federal Rights. The Subrecipient agrees that: (1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements, and guidance, including any waiver thereof, and (2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any Third Party Participant as a large business, small business, state government, state instrumentality, local government, Indian tribe, nonprofit organization, institution of higher education, or indi vidual, the Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR part 401. c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with applicable federal requirements. Section 18. Rights in Data and Copyrights. (a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject data” include, but are not limited to computer software, standards, specifi cations, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the underlying Agreement. (b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: (1) Prohibitions. The Subrecipient may not publish or reproduce any subj ect data, in whole, in part, or in any manner or form, or permit others to do so. (2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal use, an institution of higher learning, the portion of subject data that the Federal Government has previously released or approved for release to the public, or the portion of data that has the Federal Government’s prior written consent for release. (c) Federal Rights in Data and Copyrights. The Subrecipient agrees that: (1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non- exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes, and (2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non- exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. (d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research, development, demonstration, deployment, technical assistance, or special studies program is to increase transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third Party Participants. Therefore, the Subrecipient agrees that: (1) Publicly Available Report. When an Award providing federal assistance for any of the programs described above is completed, it must provide a report of the Agreement that FTA may publi sh or make available for publication on the Internet. (2) Other Reports. It must provide other reports related to the Award that FTA may request. (3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal Government determines otherwise in writing. (4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary information submitted to FTA. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 43 of 46 Version 10/23/19 (5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal assistance for the Award becomes “subject data” and must be delivered as the Federal Government may direct. (6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or program that is both for the Subrecipient’s use and acquired with FTA capital program assistance. (e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance wit h federal applicable requirements. (f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify, save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers, employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by applicable state law. (g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23)) pertaining to rights in data either implies a license to the Federal Government under any patent, or may be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. (h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section generally does not apply to data developed without federal assistance, even though that data may have been used in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect data developed without federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or “Confidential.” (i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be required to release data and information the Subrecipient submits to the Federal Government as required under: (1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552, (2) The U.S. DOT Common Rules, (3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required publications and associated digital data sets as such terms are defined in the DOT Public Access plan. Additional information about how to comply with the requirements can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or (4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the Award, the accompanying Agreement, and any Amendments thereto. Miscellaneous Special Requirements From Section 12. Civil Rights. (e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows: (1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with: (i) Section 11101(e) of IIJA; (ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR part 26; and (iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement. (2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that: (i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR part 26; and Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 44 of 46 Version 10/23/19 (ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third party contract, and notify FTA that this information has been attached to FTA’s electronic award management system. The Subrecipient must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance. As required by 49 CFR § 26.13(a): (i) Recipient Assurance. The Subrecipient agrees and assures that: (A) It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 CFR part 26; (B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts; (C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement; and (D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance . The Subrecipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following assurance in every subagreement and third party contract it signs: (A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 CFR part 26; (B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable; (C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their subagreement, third party contract, or third party subcontract, as applicable; and (D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. From Section 12. Civil Rights. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 45 of 46 Version 10/23/19 (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609, (xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and nondiscrimination regulations and guidance . Section 16. Procurement. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. State Requirements Section 37. Special Notification Requirements for States. (a) Types of Information. To the extent required under federal law, the State, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and (3) The amount of federal assistance FTA has provided for a State Program or Project. (b) Documents. The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 Contract Number: 24-HTR-ZL-00254 / PO: 491003538 Page 46 of 46 Version 10/23/19 EXHIBIT E, VERIFICATION OF PAYMENT This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist is provided as guidance and is subject to change by State. State shall provide notice of any such changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to reimburse Subrecipients as quickly as possible and a well organized and complete billing packet helps to expedite payment. Verification of Payment – General Ledger Report must have the following: Identify check number or EFT number; If no check number is available, submit Accounts Payable Distribution report with the General Ledger; In-Kind (must be pre-approved by State) and/or cash match; Date of the report; Accounting period; Current period transactions; and Account coding for all incurred expenditures. If no General Ledger Report, all of the following are acceptable : copies of checks; check registers; and paycheck stub showing payment number, the amount paid, the check number or electronic funds transfer (EFT), and the date paid. State needs to ensure that expenditures incurred by the local agencies have been paid by Party before State is invoiced by Party. Payment amounts should match the amount requested on the reimburs ement. Additional explanation and documentation is required for any variances. In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by State prior to any Work taking place. If in-kind or cash match is being used for the Local Match, the in-kind or cash match portion of the project must be included in the project application and the statement of work attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind or cash match, but State does. General ledger must also show the in-kind and/or cash match. Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State prior to applying it to the reimbursements. If indirect costs are being requested, an approved indirect letter from State or your cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The letter must state what indirect costs are allowed, the approved rate and the time period for the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements. Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR §200. 19, that verifies fringe benefit, or Submit the following fringe benefit rate proposal package to State Audit Division: Copy of Financial Statement; Personnel Cost Worksheet; State of Employee Benefits; and Cost Policy Statement. Docusign Envelope ID: 6CDDBFB1-75F1-4B52-A810-5DD52EBA3BD5 EVENTS & VISITOR SERVICES Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Rob Hinkle, Director of Events & Visitor Services Date: July 23, 2024 RE: Visit Estes Park – Pixel Pine Tree in Bond Park (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To receive Town Board approval to install a Pixel Pine Tree in Bond Park along with the Catch the Glow Holiday Season décor. Present Situation: There is currently no one tree in Bond Park that stands out from the others. Proposal: To install a Pixel Pine tree as a central focus in Bond Park during the Holiday Season. Advantages: Draw visitors to Estes Park. Disadvantages: None Action Recommended: Approval to install a Pixel Pine Tree in Bond Park Finance/Resource Impact: Media Sponsorship has been offered by Denver 7. Level of Public Interest Low Sample Motion: I move for the approval to Install a Pixel Pine Tree in Bond Park Attachments: 1. Tree Proposal 2. Pixel Pines 3. Bond Park Map 4. Update on wind load requirement 7/12/2024 CATCH THE GLOW HOLIDAY SEASON PIXEL PINE PROPOSAL Review the newly proposed Pixel pine tree in Bond Park for the holiday. Review timeline and installation options Address any questions and concerns Goal of Today's Presentation Attachment 1 Encourage travelers to visit Estes Park during the holiday season when there is a need for more overnight stays and day trip visitors. Generate additional revenue through sales taxes and lodging taxes. Support local businesses through niche advertising and marketing efforts. Hopefully, help stakeholders retain employees for a longer season. It all starts with your centerpiece.. Promoting Visitation to Estes Park during the Holidays will: 30 Building upon the success of last years lighting we would like to further enhance the Visitor and Community experience Drum Roll for the Big One.... Placement of the Tree Pixel Tree Sleigh Bulbs Candy Cane Snowmen Family Gingerbread Bench and People Gingerbread Entrance Bulbs Dreidel Lamp Post (2 on each side) S4 Is the World Leader in Decorative Lighting and Foliage Technologies S4 Is the World Leader in Decorative Lighting and Foliage Technologies S4 Pixel Pine Installation options with 8 Bolt Ring System Installation options with Rythm EFX 6 foot deep caisson with 2 foot wide opening with internal aircraft cabling from the frame to the base. Timeline for Ordering the Pixel Pine The production time to create and build the tree is 3-4 months. In order to reach this timeline, we are requesting a decision by the board by July 31st. IN CONCLUSION: GOING BIG FOR THE HOLIDAYS WILL TRANSLATE TO DIRECT ECONOMIC IMPACT Foster economic growth by implementing initiatives that attract visitors seeking memorable and rewarding winter travel experiences during the holidays and kicking off with the Catch the Glow parade. Achieve sustainable destination development by sponsoring winter programs to enhance the area's appeal, attract more visitors and bolster the local economy. Increase holiday visitation by positioning Estes Park as a Catch the Glow Holiday Season through advertising, paid social media, public relations and content creation efforts. QUESTIONS/COMMENTS? WE LOOK FORWARD TO BUILDING ANOTHER MAGICAL HOLIDAY SEASON IN ESTES PARK Cindy@visitestespark.com WŝdžĞůWŝŶĞƐ ǀĞƌLJƚŚŝŶŐŝƐƉŽƐƐŝďůĞ Attachment 2 ^ϰŝWŝdžĞůWŝŶĞĞĞŶĞĨŝƚƐ //ƐŽůĂƚĞĚĚWŝdžĞůů&ĂŝůƵƌĞĞŵŽĚĞ •dŚĞƐŚŽǁǁŝůůƉƌĞƐĞŶƚŝŶƚĞŐƌŝƚLJĞǀĞŶŝĨĂĨĞǁƉŝdžĞůƐŐŽŽƵƚ &ĂƐƚƚZĞĨƌĞƐŚŚZĂƚĞĞʹ ;dŚĞƌĂƚĞĂƚǁŚŝĐŚƚŚĞƉŝdžĞůƐĐĂŶƐǁŝƚĐŚĨƌŽŵŽŶĞ ĐŽůŽƌƚŽƚŚĞŶĞdžƚ͘Ϳ •/ŵƉŽƌƚĂŶƚĨŽƌĂƵĚŝŽƐLJŶĐŚƌŽŶŝĐŝƚLJ •WƌĞǀĞŶƚƐũŝƚƚĞƌLJŵŽǀĞŵĞŶƚƐ •ĂŶƌƵŶĐŽŵƉůŝĐĂƚĞĚĂŶŝŵĂƚŝŽŶ ^ϰŝŝWŝdžĞůůĂƌĞĞŵĂƉƉĞĚ •dŚĞƌĞŝƐŶŽŶĞĞĚĨŽƌŽŶͲƐŝƚĞŵĂƉƉŝŶŐ͘ •ůůďƌĂŶĐŚĞƐĨĂůůŝŶƚŽƚŚĞŵĂƉĂƵƚŽŵĂƚŝĐĂůůLJ͕ ŝŶĐůƵĚŝŶŐƐƉĂƌĞƐ ^ϰϰEĞƚǁŽƌŬŬ^LJƐƚĞŵƐƐ •KƵƚĚŽŽƌƌĂƚĞĚŶĞƚǁŽƌŬĐŽŵƉŽŶĞŶƚƐŝŶĐůƵĚĞĚ •>ŽĐĂůtŝͲ&ŝ ĐŽŶƚƌŽůŝŶƚĞƌĨĂĐĞ ^ϰϰ^ƵƉƉŽƌƚƚ •dĞĐŚǁŝƚŚŽŶͲƐŝƚĞ ǀŝƐŝƚŝŶĐůƵĚĞĚ •,ŽƚůŝŶĞĨŽƌϮϰͲŚŽƵƌƐƵƉƉŽƌƚ •ZĞŵŽƚĞƐƵƉƉŽƌƚĂǀĂŝůĂďůĞ͕ǁĞŵŽŶŝƚŽƌŽƵƌŝŶƐƚĂůůĂƚŝŽŶƐ ^ϰĞĐŽƌ&ƌĂŵĞĂŶĚ&ŽůŝĂŐĞ ŽŶƚĞŶƚ ZŝƐĞƌ >ŽŐŽΘƌĂŶĚĚǀĞƌƚŝƐŝŶŐƌĞĂƚŝǀĞ ŽŶƚĞŶƚͮ^ϰŝΠŽŶsŝŵĞŽ sŝĚĞŽ x ^ϰŝΠΠWŝdžĞůůWŝŶĞƐĞƐ ͗͗dŚĞĞhůƚŝŵĂƚĞĞŚƌŝƐƚŵĂ ƐƐdƌĞĞĞ^ŚŽǁǁ džƉĞƌŝ ĞŶĐĞ x dŚĞĞDĂŬŝŶŐŐŽĨĨƚŚĞĞtKZ>Ζ^^DK^ddsE ,Z/^dD^^dZ x ŽŶƚĞŶƚƚŽŵƉĂƌŝƐŽŶŶǀƐƐ^ŝnjĞ x ^ϰŝŝWŝdžĞůůWŝŶĞĞ^ŚŽǁ dŚĞhůƚŝŵĂƚĞŚƌŝƐƚŵĂƐdƌĞĞ džƉĞƌŝĞŶĐĞ WŝdžĞůWŝŶĞƐƐ Attachment 3 Stephanie Kephart <skephart@estes.org> Re: Pixel Tree Bond Park 1 message From: Steve Careccia <scareccia@estes.org> Date: Fri, Jul 12, 2024 at 11:54 AM Subject: Re: Pixel Tree Bond Park To: Cindy Mackin <cindy@visitestespark.com> Cc: Greg Muhonen <gmuhonen@estes.org>, Kara Franker <kfranker@visitestespark.com>, Jason Damweber <jdamweber@estes.org>, Dana Paiement <dana@visitestespark.com>, Rob Hinkle <rhinkle@estes.org>, Brian Berg <bberg@estes.org>, Dan Wester <dwester@estes.org> Good Morning All, We did confirm the tree installation will need to meet the Town's 175 MPH wind load requirement. To confirm compliance with this requirement, a design professional's report will need to be submitted with the building permit. The report should describe the methods intended for the installation to meet the wind load requirement. Regarding a 'variance', the Board of Appeals typically hears questions on building code interpretation. However, the Board cannot waive or reduce requirements. As such, the Town's wind load requirement will need to be addressed with the installation. Our new Building Official, Dan Wester, is transitioning to Town, and is available for any specific questions on the wind load requirement and building permit submittal/review. Though, during this transition period, responses may be a bit slower. Steve Careccia, AICP Community Development Director Town of Estes Park 170 MacGregor Ave Attachment 4 SITE & LOAD INFORMATION CODE: 2021 INTERNATIONAL BUILDING CODE SITE ELEVATION: 7,522 FT. 3. FROST DEPTH:30IN 4. EXPOSURE CATEGORY: B GROUND SNOW LOAD: 65 PSF ULTIMATE WIND SPEED: 175 MPH ALLOWABLE BEARING PRESSURE: 1,500 PSF. IGENERAL |1. ENGINEERING SCOPE IS TO PROVIDE CAISSON STRUCTURAL DRAWINGS. ALL WORK SHALL BE DONE IN CONFORMANCE WITH THE 2021 INTERNATIONAL BUILDING CODE. ALL FIELD MEASUREMENTS TO BE VERIFIED BY CONTRACTOR BEFORE CONSTRUCTION. |4. THE ALLOWABLE BEARING PRESSURE, WHICH HAS NOT BEEN BASED ON A GEOTECHNICAL STUDY, IS ASSUMED AT 1,500 PSF AND IS THE RESPONSIBILITl' OF OTHERS. DFTAIL DRAWINGS SUPERCEDE ANY VISUAL APPEARANCE IN THE MAIN SECTION AND PLAN VIEWS. ONLY WIND LOAD IS TAKEN INTO CONSIDERATION FOR THIS DESIGN. |7. ONLY THE FINAL REVISION OF THIS DRAWING SHALL BE USED FOR CONSTRUCTION. IT IS THE BUILDERS RESPONSIBILITY TO ENSURE FT HAS THE FINAL REVISION. ALL COMPONENTS USED TO SECURE THE TANNENBAUM TOWER TREE TO THE CAISSON SHALL HAVE A 5,000 LB (3 TO 1 BREAKING STRENGTH) MIN. RATING. ALL HARDWARE SHALL BE INSTALLED PER MANUFACTURERS INSTRUCTIONS. :ONCRETE 1. ALL CONCRETE DESIGN IS BASED ON ACI318 - BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE. CONCRETING FORMING PROCEDURES SHALL BE USED IN ACCORDANCE WITH ACI. |3. ALL STRUCTURAL CONCRETE SHALL HAVE MINIMUM 28-DAY COMPRESSIVE STRENGTHS AT 3,500 PSI. |4. CONCRETE SHALL BE PROPORTIONED USING TYPE I/II CEMENT. CONCRETE SUSCEPTIBLE TO FREEZING SHALL BE FORMULATED FOR MAXIMUM FROST RESISTANCE IN ACCORDANCE WITH ACI. |5. CONTRACTOR SHALL NOTIFY ENGINEER OF COLD AND CONSTRUCTION JOINTS PRIOR TO CONCRETE FORMING. |6. ALL EXPOSED EDGES AND CORNERS SHALL BE CHAMFERED MIN. 3/4". IREINFORCING STEEL 1. ALL FABRICATION AND PLACEMENT OF REINFORCING STEEL SHALL BE IN ACCORDANCE WITH ACI318 - BUILDING CODE REQUIREMENTS FOR STRUCTURAL CONCRETE. 2. REINFORCING BARS SHALL CONFORM TO ASTM A615 AND SHALL BE GRADE 60. 3. AT SPLICES, LAP BARS 36 DIAMETERS AND AROUND OPENINGS IN WALLS AND SLABS, PROVIDE (2) #4'S, EXTENDING A MINIMUM 2'. 4. MINIMUM CONCRETE PROTECTION FOR REINFORCEMENT SHALL BE 3" CLEAR FROM BOTTOM OF CONCRETE FOOTING, 2" ELSEWHERE, UNLESS NOTED OTHERWISE. CONCRETE ANCHORS TOP VIEW SCALE:3/8" = 1' - 0" (7) #4 VERT. (4) REBAR RINGS REBAR TOP VIEW SCALE: 3/8" = 1' - 0" STAR NOT SHOWN TREE FOLIAGE NOT SHOWN FOR CLARITi' (7) #4 VERT. (6 AROUND EDGE & 1 IN CENTER) (4) REBAR RINGS V- (5) A510001 MEGA-SWIVEL CONCRETE ANCHORS I> & & f ^-7>. A ~^ .:v— > t> !>^-_ . .1 :1—^i > !>-^t> A t> -— . 4'-o" RING CONNECTION TO CABLE BY OTHERS 3/8" GALVANIZED AIRCRAFT CABLE 14,000 LB BREAKING STRENGTH RISER 6'-0"1" PLYWOOD RING (12'-6"OD-11'-6"ID) 28' TANNENBAUM TOWER TREE PLYWOOD RING BEARS ON GROUND CAISSON CAISSON DETAIL SCALE: 3/8" = 1' - 0" TOWER TREE SCALE:1/4" = 1'- 0" LULU^I— LO< ^^01—1c^ u LD000 8 s^ u:<td:wu-i wLU LU^ Q:QuLU^uQ< 01^ SKYPOND ENGINEERING 300 E. ELKHORN, ESTES PARK, CO, 80517 504-940-8278 REV 07/22/241 DATE COMMENT PERMIT SET iHEET NUMBER:Sl IPROJECT NUMBER: 24113E ALL INFORMATION ON THESE DRAWINGS ARE THE INTELLECTUAI PROPERTY OF SKYPOND ENGINEERING AND MAY NOT BE REUSED OR DISTRIBUTED WITHOUT THE COMPANY'S CONSENT PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 2. Ordinance 12-24 Proposed Electric Rate Increase. • Present the electric rate study results. • Continue Public Hearing and Board Action to August 13, 2024 allowing for additional public comment. At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item. Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time. Mayor declares the Public Hearing open. 2. STAFF REPORT. Review the staff report. 3. PUBLIC COMMENT. Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet. Ask the Board of Trustees if there are any further questions concerning the item. Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record. Declare the public hearing closed. Request Board consider a motion. 7. SUGGESTED MOTION. Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. UTILITIES Memo To: Honorable Mayor Board of Trustees Through: Town Administrator Machalek From: Director Bergsten; Superintendent Lockhart; NewGen Strategies & Solutions, Meghan Helper Date: July 23, 2024 RE: Ordinance 12-24 Amending the Power and Communications Rate Schedules Objective: To maintain high-quality and reliable electric service by increasing electric rates to keep up with the increasing cost of operations and capital improvements by requesting the Town Board consider electric rate. Present Situation: Every three years the Town performs a financial rate study to ensure our revenues and expenditure balance out. Power and Communications has seen unprecedented cost increases over the past few years. For example, some transformer costs have tripled. The Town’s public electric utility is a cost-based entity that relies solely on user fees to operate. Costs and revenues must be balanced in order to maintain operations and ensure reliable operations. We are proposing an overall rate increase of 5.0% starting in October 2024. At the March 12th 2024 study session, staff presented financial rate study results. Three late spring weather events delayed our ability to complete a full cost-of-service analysis. We will bring the Town Board proposed electric rates for 2025 and 2026 when the full cost-of-service analysis has been completed. Hard copies of the study and proposed rate sheet are located at the Municipal building and library for the public to review. The rate study is also on our website. Proposal: Staff proposes the Town Board consider the proposed increase to electric rates. Advantages: • Maintain adequate financial strength required to operate the enterprise • Meet our bond covenants obligations • Fund projects required to improve reliability, quality and safety of our system Disadvantages: Higher cost of electricity; however, our customers deserve reliable and safe electricity. Action Recommended: Staff recommends the Board consider the attached ordinance and continue this public hearing to the August 27 Town Board meeting to allow for additional questions and public comment. Finance/Resource Impact: Beginning October electric rates would increase by 5%. Level of Public Interest: High, increases to utility rates will touch every Power and Communications customer Sample Motion: I move to continue this public hearing to August 13, 2024. Attachments: 1. Ordinance 12-24 2.Exhibit A to Ordinance 3.Financial Forecast and Rate Study ORDINANCE NO. 12-24 AN ORDINANCE AMENDING THE POWER & COMMUNICATIONS RATE SCHEDULES OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is necessary to amend the Electric Rate Schedules of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: That the Town of Estes Park, Colorado Electric Rate Schedules shall be amended to read as set forth on Exhibit A. Section 2: These rate schedules will take effect the first full billing period in October, 2024. Section 3: This Ordinance shall be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2024. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2024, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 TOWN OF ESTES PARK, COLORADO On-Peak Off-Peak Standard Customer Energy Energy Demand Rate for Customer Rate Class Year (2)Charge Consumption Consumption Charge May thru $/Month Charge Charge $/kW August $/kWh $/kWh $/kWh RESIDENTIAL (1)Jan 2021 $23.47 $0.1119 $0.0042 --- --- --- 2022 $24.23 $0.1144 $0.0073 --- --- --- 2023 $25.00 $0.1168 $0.0105 --- --- --- Oct 2024 $26.25 $0.1337 ------ --- --- RESIDENTIAL DEMAND (1)Jan 2021 $26.90 $0.0645 $0.0042 --- $13.60 --- 2022 $27.70 $0.0636 $0.0073 --- $13.60 --- 2023 $28.50 $0.0627 $0.0105 --- $13.60 --- Oct 2024 $29.93 $0.0769 ------ $14.28 --- RESIDENTIAL ENERGY TIME-OF-DAY (1)Jan 2021 $26.90 $0.1566 $0.0042 $0.0806 --- --- 2022 $27.70 $0.1612 $0.0073 $0.0852 --- --- 2023 $28.50 $0.1658 $0.0105 $0.0898 --- --- Oct 2024 $29.93 $0.1851 ---$0.1053 --- --- RESIDENTIAL ENERGY BASIC TIME-OF-DAY (1)Jan 2021 $26.10 $0.1470 $0.0042 $0.1038 --- $0.1119 2022 $27.70 $0.1595 $0.0073 $0.0998 --- $0.1144 2023 $28.50 $0.1719 $0.0105 $0.0959 --- $0.1168 Oct 2024 $29.93 $0.1915 ---$0.1117 --- $0.1226 SMALL COMMERCIAL (1)Jan 2021 $33.25 $0.1154 $0.0042 --- --- --- 2022 $33.12 $0.1169 $0.0073 --- --- --- 2023 $33.00 $0.1183 $0.0105 --- --- --- Oct 2024 $34.65 $0.1353 ------ --- --- SMALL COMMERCIAL ENERGY TIME-OF-DAY (1)Jan 2021 $36.51 $0.1438 $0.0042 $0.0763 --- --- 2022 $36.26 $0.1349 $0.0073 $0.0818 --- --- 2023 $36.00 $0.1349 $0.0105 $0.0872 --- --- Oct 2024 $37.80 $0.1527 ---$0.1026 --- --- LARGE COMMERCIAL (1)Jan 2021 $45.49 $0.0633 $0.0042 --- $15.87 --- 2022 $45.74 $0.0640 $0.0073 --- $16.93 --- 2023 $46.00 $0.0648 $0.0105 --- $18.00 --- Oct 2024 $48.30 $0.0791 ------ $18.90 --- LARGE COMMERICIAL TIME-OF-DAY (1)Jan 2021 $53.79 $0.0848 $0.0042 $0.0461 $18.30 --- 2022 $54.39 $0.0876 $0.0073 $0.0478 $19.15 --- 2023 $55.00 $0.0904 $0.0105 $0.0495 $20.00 --- Oct 2024 $57.75 $0.1060 ---$0.0630 $21.00 --- OUTDOOR AREA LIGHTING Jan 2021 $36.49 --------- --- --- 2022 $36.49 --------- --- --- 2023 $36.49 --------- --- --- Oct 2024 $38.31 --------- --- --- RENEWABLE ENERGY CHARGE (1)Jan 2021 --- $0.0275 ------ --- --- 2022 --- $0.0275 ------ --- --- 2023 --- $0.0275 ------ --- --- Oct 2024 --- $0.0275 ------ --- --- MUNICIPAL RATE (1)Jan 2021 $9.00 $0.1149 N/A --- --- --- 2022 $18.00 $0.1128 N/A --- --- --- 2023 $27.00 $0.1106 N/A --- --- --- Oct 2024 $28.35 $0.1161 N/A --- --- --- PROPOSED Electric Rate Summary 2024 until Superceded, Public Hearings 7/23 & 8/13/2024 Purchase Power Rider $/kWh Available to all residential customers and residential customers with electric heat up to 25,000 kWh annually. Available to existing customers on this rate, September through April. All other times the Residential energy charge would apply. Available to all residential customers who use electric thermal storage heat or who own an electric vehicle. Available to all residential customers not using electric thermal storage heat. These rates apply September through April. Standard rates apply May through August. Available to all commercial customers with demands of 35 kW or less. Available to all commercial customers using electric thermal storage heat with demands of 35 kW or less Available to all commercial customers with demands exceeding 35 kW Available to all commercial customers with demands exceeding 35 kW Available for lighting outdoor private areas Voluntary participation available to all classes; charge per 100 kWh block Available for electricty use on municipal property Attachment 2Exhibit A TOWN OF ESTES PARK, COLORADO PROPOSED Electric Rate Summary 2024 until Superceded, Public Hearings 7/23 & 8/13/2024 RMNP ADMINISTRATIVE HOUSING Jan 2021 $22.70 $0.0690 N/A --- --- --- 2022 $22.70 $0.0690 N/A --- --- --- 2023 $22.70 $0.0690 N/A --- --- --- Oct 2024 $23.84 $0.0725 N/A --- --- --- RMNP SMALL ADMINISTRATIVE Jan 2021 $33.37 $0.0456 N/A --- --- --- 2022 $33.37 $0.0456 N/A --- --- --- 2023 $33.37 $0.0456 N/A --- --- --- Oct 2024 $35.04 $0.0479 N/A --- --- --- RMNP LARGE ADMINISTRATIVE Jan 2021 $45.23 $0.0185 N/A --- $12.50 --- 2022 $45.23 $0.0185 N/A --- $12.50 --- 2023 $45.23 $0.0185 N/A --- $12.50 --- Oct 2024 $47.49 $0.0194 N/A --- $13.13 --- NOTES: (1) Purchase Power Rider is a pass-through of wholesale increases from PRPA; TBD Each Year (2) The rates remain in effective until new rates are adopted by the Town Board. These rates apply only September thru April usage (for May thru August, the standard Residential rate applies): ON-PEAK for Residential "Basic" Time-of-Day Customers: 4:00 pm to 7:00 pm weekdays Updated 06-25-2024 Fees for other work performed, such as service upgrades or line extensions, the developer or customer must pay for work performed. Payment must be made before the work is scheduled. The payment covers the cost of labor, materials, equipment, and overhead. ON-PEAK for Residential Time-of-Day Customers: 6:00 am to 1:00 pm and 3:00 pm to 10:00 pm weekdays OFF-PEAK for Residential "Basic" Time-of-Day Customers: 7:00 pm to 4:00 pm the following day and all day weekends and the following holidays: Labor Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Years Day Smart Meter/Advanced Metering Infrastructure Opt-Out Fees - One Time Enrollment Fee of $75 and monthly fee of $20 Avoided Cost paid to Net Meter Customers = $0.0175, the wholesale cost of energy minus $0.01 for administrative costs Residential Energy "Basic" Time-of-Day is available for every residential customer except as stated above. Available to Rocky Mountain National Park residences having an alternate power source delivered to Estes Park's distribution system Available to RMNP administrative accounts having an alternate power source delivered to Estes Park's distribution system with demands of 35kW or less Available to RMNP administrative accounts having an alternate power source delivered to Estes Park's distribution system with demands exceeding 35kW Fees for other work performed, such as service upgrades or line extensions, the developer or customer must pay for work performed. Payment must be made before the work is scheduled. The payment covers the cost of labor, materials, equipment, and overhead. OFF-PEAK for Residential Time-of-Day Customers: 1:00 pm to 3 pm and 10:00 pm to 6:00 am weekdays and all day on weekends and holidays (New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day) Residential Energy Time-of-Day available only for residential customers who use electric thermal storage heat or who own an electric vehicle: 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC ESTES PARK POWER AND COMMUNICATIONS RATE STUDY PROPOSED RATE PLAN July 23, 2024 2© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC FINANCIAL FORECAST RESULTS AGENDA 2 1 Rate Study Overview 2 Study Progress, Results, and Delays 3 Advanced Metering Infrastructure (AMI) Data 4 2024 Rate Plans 5 Next Steps 1 2 Attachment 3 7/19/2024 3© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS: OVERVIEW 3 STEP 1 STEP 2 STEP 4 STEP 3 STEP 5 Determine the revenue requirements of the utility during the study period Unbundle costs by functions and services (source of supply, distribution, customer) Classify costs (demand, energy, customer costs, etc.) Allocate costs among customer classes Design rates Financial Forecast Cost Allocation Rate Design © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS FINANCIAL FORECAST 4 3 4 7/19/2024 5© 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS: COST OF SERVICE 5 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS UNBUNDLE BY FUNCTION 6 Typical Electric Utility System Configuration 5 6 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS UNBUNDLE BY FUNCTION 7 Platte River Power Authority (PRPA): Generation and Transmission Estes Park Power & Communications (EPPC): Distribution and Customer Service © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS GENERATION FUNCTION – PRPA 8 •The generation function is responsible for serving demand and producing energy. ̶ The power plant portfolio is sized to meet the maximum demand requirements of the system (PRPA). ̶ PRPA’s goal is to transition to 100% noncarbon energy mix by 2030. 7 8 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS TRANSMISSION FUNCTION – PRPA 9 •The transmission function is responsible for transmitting electricity from generation to the distribution system. •The utility must size transmission substations, transformers, and lines to serve the maximum demand requirements of the system. © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS DISTRIBUTION FUNCTION – EPPC 10 •The distribution function is responsible for distributing electricity from the transmission line to customers. •The utility must size distribution substations, transformers, lines, and services to serve the maximum local demand requirements of their customers. 9 10 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS CUSTOMER FUNCTION – EPPC 11 •The customer function is responsible for utility billing and customer service. •EPPC future customer function: ̶ DER Programs development and execution. ̶ Communication and information. © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS FIXED VS. VARIABLE COSTS AND REVENUES 12 Typical Cost Classifications Typical Cost Functions Demand Related Energy Related Source of Power Demand Related Customer Related Distribution Customer RelatedCustomer Graphs are for illustrative purposes only. 11 12 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS COST OF SERVICE TO RATE DESIGN 13 Cost of Service Revenue Requirement Functionalize Classify Guide for cost-based rates Rate Making Policy Decisions Incentivize behavior to create win-win scenario between the Utility and its Customers Industry practice is to move towards or align with COS Rates Collect sufficient revenue Support Utility’s goals Use resources in cost- effective manner Price signal to Customer: •Convey information •Change behavior © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS EPPC RATE CLASSES 14 Rate Classes are grouped by similar size, consumption, requirements, and characteristics. •Residential •Residential Demand •Residential Energy TOD •Residential Energy Basic TOD •Small Commercial •Small Commercial Energy TOD •Large Commercial •Large Commercial TOD •Outdoor Area Lighting •Renewable Energy Charge •Municipal Rate •RMNP 13 14 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS POTENTIAL OBJECTIVES FOR RATE DESIGN 15 •Revenue stability •Simplicity •Alignment with cost of service •Legislative and regulatory compliance •Modernization, Distributed Generation, Virtual Power Plant, Electric Vehicles . . . •New Service Offerings •Conservation/DSM (Behavior Modification) © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROCESS BEST PRACTICES 16 •Align a utility’s revenue collection with its cost causation (e.g., demand, energy, customer). •Costs categorized as fixed and variable: ̶ The seasonal nature of EPPC sales further exacerbates fixed cost recovery issues. •Rates should reflect the COS, but policy and incentives should be considered (the “art”). •If rates are not well designed or aligned with COS: ̶ Potential for cost recovery not matching costs incurred. ̶ Potential to over- or under-recover costs. ̶ Does not ensure revenue adequacy. 15 16 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC RATE STUDY PROGRESS AND DELAYS 17 •Financial Forecast and Revenue Requirement: ̶Modeled and approved. •Cost of Service: ̶Model update is in progress. ̶Delays: •Outages •AMI data transfer © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC ADVANCED METERING INFRASTRUCTURE DATA 18 •AMI Data: ̶ Meters read usage hourly/sub-hourly. ̶ Allows utility to meter real-time customer behavior. ̶ Faster, more accurate meter reading than analog meters. ̶ Easier to measure changes in customer usage. •Estes Park has full AMI deployment. 17 18 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC ADVANCED METERING INFRASTRUCTURE DATA 19 •Develop demand allocators by customer class. ̶ Coincident Peak (CP). ̶ Non-Coincident Peak (NCP). ̶ Sum of Max Demands (SMD). •Class segmentation analysis: ̶ Identifies natural customer segmentation. ̶ Current requirement 35 kW for Large Commercial Service. ̶ Analysis will be performed on the commercial service classes to determine an appropriate demand requirement for the Large Commercial Service. © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC FINANCIAL FORECAST RESULTS 2024 REVENUE REQUIREMENT 20 •Source of Supply makes up a large portion of total expenses. •Other Operating Expenses: ̶Distribution. ̶Customer Accounts. ̶A&G. •General Fund transfer: ̶Budgeted at 7% of total Revenues for 2024. •Capital Improvement Plan •Debt Service 19 20 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC FINANCIAL FORECAST RESULTS RESERVE FUND 21 •If no action is taken, the reserve fund levels will be drawn down annually. •Reserve fund drops below 90- day target in 2026. •Debt service coverage ratio drops below 1.25 target in 2027. •Rate increases need to maintain financial stability. © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PROPOSED RATE IMPLEMENTATION PLAN 22 •If no rate increase are implemented in 2024: ̶8.5% rate increase needed for 3 years. Rate Increase Option 1 and Resulting Key Financial Metrics 202920282027202620252024Financial Metric 0.0%0.0%8.5%8.5%8.5%0.0%Rate Increases 15.8223.069.147.536.267.54Debt Service Coverage Ratio 1.251.251.251.251.251.25Debt Service Coverage Ratio Target 115131129120116139Days Cash on Hand 909090909090Days Cash on Hand Target •Recommend implementing an across-the-board rate increase of 5% for August 2024. •Design rates by customer class for 2025 and 2026. 21 22 7/19/2024 © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC PROPOSED RATE IMPLEMENTATION PLAN 23 •Recommend implementing an across-the-board rate increase of 5% for August 2024. •Design rates by customer class for 2025 and 2026. Example Rate Increase Residential Proposed RateIncreaseCurrentResidential Rate Component $26.255.0%$25.00Customer Charge ($/Mo.) $0.12265.0%$0.1168Consumption Charge ($/kWh) © 2024 NEWGEN STRATEGIES AND SOLUTIONS, LLC NEXT STEPS 24 •Process AMI Data: ̶Class segmentation. ̶Allocation factors. •Update model with 2025 budget. •Adjust model for demand requirement shift. •Adjust model for any rate requirement enforcement. •Finalize and approve Cost of Service. •Rate design: ̶Rate changes by customer class. ̶Align with Cost of Service. 23 24 7/19/2024 QUESTIONS? NEWGEN STRATEGIES AND SOLUTIONS, LLC 225 UNION BOULEVARD, SUITE 450 LAKEWOOD, CO 80228 MEGHAN HELPER SENIOR CONSULTANT (720) 808-1589 MHELPER@NEWGENSTRATEGIES.NET 25 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing & Childcare Manager Date: July 23, 2024 RE: Colorado Association of Ski Towns (CAST) 2024 Colorado Legislative Position Statement on Housing (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Motion QUASI-JUDICIAL YES NO Objective: Consider a request from the Colorado Association of Ski Towns (CAST) to support its 2024 Colorado Legislative Position Statement on Housing. Present Situation: The Town of Estes Park is a Colorado Association of Ski Towns (CAST) member, representing mountain resort communities throughout Colorado. CAST supports targeted legislation to provide additional financial tools for Colorado mountain communities to address housing needs. The CAST Housing Task Force intends to engage other partner organizations, such as the Colorado Municipal League, Colorado Counties, Inc., and Colorado Counties Acting Together to secure opportunities to address housing needs while preserving existing means of serving and representing CAST communities. Proposal: CAST requests that members consider lending its support to their position on legislation that would give local governments more tools and revenue options to address housing issues. The CAST Housing Task Force has developed these concept areas through various working groups and has the support of the CAST Board of Directors. • Short-Term Rental Taxes: Authorizes counties and municipalities to refer short- term rental taxes to the voters with the proceeds of such revenues dedicated to the local workforce and affordable housing. • Local Vacancy Taxes: Allow municipalities and counties to refer residential vacancy taxes to their voters. Also known as the “empty home tax”, to incentivize homeowners to rent their homes to local residents rather than rent them at peak times and leave them empty most of the year. • Local Real Estate Transfer Fees: Allow municipalities and counties to adopt fees on the transfer of real estate, with the fee revenues to fund local affordable and workforce housing. It is important to note that affirmative action on this item would only indicate support for the legislature to provide jurisdictions with the ability to consider the creation of new revenue sources to address housing issues. It does not obligate any jurisdiction to actually create such revenue sources. Advantages: • If passed, legislation would provide more options to create sources of revenue to address housing needs. Disadvantages: None. Action Recommended: Approval of the Town of Estes Park lending support to the 2024 Legislative Position Statement on Housing presented by CAST. Finance/Resource Impact: None. Level of Public Interest Medium Sample Motion: I move to support the CAST 2024 Colorado Legislative Position Statement on Housing. Attachments: 1. Memo from CAST President, Jonathan Godes 2. 2024 Colorado Legislative Position Statement on Housing MEMORANDUM DATE: July 2 ,2024 TO: CAST Membership FROM: Jonathan Godes, CAST President RE: 2024 Legislative Position Statement on Housing __________________________________________________________________ Please find attached the CAST 2024 Colorado Legislative Position Statement on Housing. As you will see, the legislative proposals it contains would give local governments more tools and revenue options to address housing issues in the discretion of each individual local government and its residents. We have developed these concepts through a great deal of collaboration within the CAST Housing Task Force, including working groups for each proposal, and they have the support of the CAST Board of Directors. The CAST board requests that each Colorado CAST member governing body consider lending its support to this position statement as well. It would be ideal to have this support by August 9.While each CAST member will find different value in the various proposals, by working in concert we demonstrate greater backing for the package as a whole and for our fellow local governments seeking to pursue one of these options. We intend to engage other partner organizations in the effort as described in the position statement, and as we work with others, these proposals may evolve or expand. As they do, our intent will remain to secure more opportunities to address our housing needs while preserving our existing means of serving and representing our communities. Attachment 1 COLORADO ASSOCIATION OF SKI TOWNS 2024 COLORADO LEGISLATIVE POSITION STATEMENT ON HOUSING OVERVIEW: The Colorado Association of Ski Towns (CAST) represents the mountain resort communities throughout Colorado. Colorado’s ski industry generates $4.8 billion in annual economic output, supports more than 46,000 year-round equivalent jobs, and generates $1.9 billion per year in labor income. (RRC Associates). The lack of available and attainable housing for employees in Colorado mountain resort communities has reached a crisis level which is directly impacting the provision of basic services as well as the ability to adequately staff and operate all businesses, from ski resort companies to local, small businesses. CAST supports targeted legislation to provide additional financial tools for Colorado mountain communities to address housing needs. AUTHORIZE LOCAL SHORT-TERM RENTAL TAXES: CAST supports legislation to specifically authorize counties and municipalities to refer short term rental taxes to the voters with the proceeds of such revenues to be dedicated to local workforce and affordable housing. AUTHORIZE LOCAL VACANCY TAXES: CAST supports legislation to clearly allow municipalities and counties to refer residential vacancy taxes to their voters. Census data shows residential vacancy rates soaring above 40% in some Colorado mountain towns facing acute housing shortages. Vacancy taxes, also known as empty homes taxes, incentivize homeowners to rent their homes to local residents rather than rent them at peak times and leave them empty most of the year. Additionally, this would disincentivize the use of homes as investments and result in a higher utilization as actual homes. Revenue from the tax would fund local affordable and workforce housing. CAST proposes that county assessors or the state facilitate the process by identifying the vacant homes in a taxing jurisdiction and tying enforcement into existing administrative processes AUTHORIZE LOCAL REAL ESTATE TRANSFER FEES: The Colorado Constitution prohibits new taxes on the transfer of real estate, but the courts have long held fees to be different from taxes. CAST supports legislation to expressly allow municipalities and counties to adopt fees on the transfer of real estate, with the fee revenues to fund local affordable and workforce housing. This can be a powerful tool; total revenues from legacy real estate transfer taxes in CAST member municipalities have risen above $80 million annually. CAST TO WORK WITH PARTNER ORGANIZATIONS: In supporting this position statement, CAST members support CAST seeking to work with the Colorado Municipal League; Colorado Counties, Inc.; Colorado Counties Acting Together; and any other organizations who agree to support these proposals, and members formally request these organizations initiate and pursue this legislation on their behalf. CONTACT INFORMATION: For more information please contact, Margaret Bowes, Executive Director, Colorado Association of Ski Towns, (970) 389-4347, mbowes@coskitowns.com; or Dan Kramer, CAST Housing Task Force Chairperson, dkramer@estes.org. Attachment 2 7/24/2024 CAST Position Statement ●Short-term Rental Taxes: Authorizes counties and municipalities to refer short-term rental taxes to the voters with the proceeds of such revenues dedicated to the local workforce and affordable housing. ●Local Vacancy Taxes: Allow municipalities and counties to refer residential vacancy taxes to their voters. Also known as the “empty home tax”, to incentivize homeowners to rent their homes to local residents rather than rent them at peak times and leave them empty most of the year. ●Local Real Estate Transfer Fees: Allow municipalities and counties to adopt fees on the transfer of real estate, with the fee revenues to fund local affordable and workforce housing. 1 Presentation TOWN ADMINISTRATION Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing and Childcare Manager Date: July 23, 2024 RE: Resolution 61-24 Grant Agreement with the Buell Foundation for Local Financing for Early Childhood Education Grant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Staff seek Town Board approval of a grant agreement with the Buell Foundation for 2024 Local Financing for Early Childhood Education Grant. Present Situation: On June 28, the Town was awarded $50,000.00 in funds from the Buell Foundation. The Local Financing for Early Childhood Education program was created to support communities who have revenue streams dedicated to the early childhood system. In line with the goals of the program, the Town will use the grant funds to “learn from experts on governance and programmatic delivery or the piloting of smaller projects” and includes planning grants for municipalities that have taxes available to support early childhood needs. The Town of Estes Park was invited to apply for this grant opportunity. The opportunity to fund experts in data analysis and cost modeling will inform the implementation of strategies outlined in the Childcare Needs Assessment and Strategic Plan. Data analysis and cost modeling will help the Town and our local and regional partners assess what the financial need is for families with children in Estes Park and how much funding is needed to address that need to make childcare affordable. Proposal: Staff recommends approval of the grant agreement with the Buell Foundation as presented. The Local Financing for Early Childhood Education grant funds will be used to fund consulting support for tuition assistance and cost modeling from July 1, 2024, through June 30, 2025. Advantages: • Supports the 2024 Childcare Needs Assessment and Strategic Plan implementation efforts by offering additional free transit service during the ozone season; • Supplements the Town’s 6E Lodging Tax extension funding allocation for the administration and operation of the 2024 Childcare Needs Assessment and Strategic Plan. Disadvantages: • Applying for and receiving grant funding is accompanied by additional administrative burdens; however, Town staff have recent experience managing a federal grant of this type. Action Recommended: Staff recommends Town Board approval of Resolution 61-24. Finance/Resource Impact: $50,000.00 with no ($0) local match required. No future ongoing impacts are anticipated at this time. Level of Public Interest Moderate. Sample Motion: I move for the approval/denial of Resolution 61-24. Attachments: 1. Resolution 61-24 Buell Foundation Local Financing for Early Childhood Education Grant 2. Local Financing for Early Childhood Education Grant Agreement RESOLUTION 61-24 APPROVING AN AGREEMENT WITH THE BUELL FOUNDATION FOR LOCAL FINANCING FOR EARLY CHILDHOOD EDUCATION GRANT WHEREAS, the Town Board desires to enter the agreement referenced in the title of this resolution for the purpose of accepting program funds to support childcare in Estes Park; and WHEREAS, the program funds will provide expert support to leverage 6E Lodging Tax Extension revenue; and WHEREAS, the program funds will be used to fund consulting support for tuition assistance and cost modeling from July 1, 2024 through June 30, 2025. 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 1873 S. Bellaire Street, Suite 600, Denver, CO 80222 ⚫ (303) 744-1688 ⚫ www.buellfoundation.org June 27, 2024 Carlie Bangs, Housing and Childcare Program Manager Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Re: Grant # 7914 Dear Ms. Bangs: The Trustees of the Temple Hoyne Buell Foundation are pleased to inform Town of Estes Park that a grant has been approved in the amount of $50,000 to support the the Town of Estes Park ECE lodging tax implementation, including consulting support for tuition assistance and cost modeling. Please reference the grant number in any correspondence related to this grant. This grant has been approved based upon the following terms and conditions: 1.Tax Exempt Status: The organization is a nonprofit recognized by the Internal Revenue Service as a public charity as described in Sections 501(c)(3) and 509(a)(1), 509(a)(2), or 509(a)(3) – Type I, Type II or functionally integrated Type III of the IRS Code of 1986 as amended (the “Code”), or a governmental agency organized under the laws of the State of Colorado. 2.Expenditure of Funds: This grant, and any income earned upon investment of grant funds, is made for the charitable purposes outlined above and may not be expended for any other purpose without this Foundation’s prior written approval. The grant period is July 1, 2024 through June 30, 2025. Any unexpended funds, or funds used for purposes other than those allowed by this agreement, must be returned to the Foundation upon written notice. No Buell Foundation funds may be used for lobbying purposes. 3.Records and Reports: You are required to keep financial records with respect to this grant and to provide this Foundation with a written report summarizing the use of all grant funds after funds have been expended, due no later than July 31, 2025, and other reports as we may reasonably require. No new requests will be funded until a satisfactory report has been received. All records shall be retained for at least four years following the year in which all grant funds are fully expended. 4.Required Notification: You are required to provide this Foundation with immediate written notification of (a) any change in your organization’s tax-exempt status, (b) any inquiry or audit by the Internal Revenue Service, (c) your inability to expend the grant for the purposes described in this letter, or (d) any expenditure from this grant made for any purposes other than those for which the grant was intended. Additionally, you must submit a written request to us in advance if the funds cannot be expended within the stated grant period. 5.Reasonable Access: You will permit this Foundation and its representatives reasonable access to your files, records, accounts, and personnel for purposes of making such financial audits, verifications, or program evaluations as this Foundation deems necessary or appropriate concerning this grant award. 6.Condition of Grant: This grant is conditioned upon your acceptance of the terms set forth above, and this Foundation reserves the right to discontinue, modify, or withhold any payment under this grant award, or to DocuSign Envelope ID: 43604A44-5B20-43EA-81E5-517E653D9E80 Attachment 2 Town of Estes Park Grant #7914 Page 2 request a refund of any grant funds, if it reasonably determines that your organization has not fully complied with the terms and conditions of this grant. 7. Publicity: This Foundation may include information concerning this grant, including the amount and purpose of the grant and any related materials (including your logo and trademark and other information about your organization and its activities) in the Foundation’s periodic public reports, newspapers, and news releases. You will obtain the Foundation’s approval, which shall not be unreasonably withheld, concerning the text of any proposed publicity concerning this grant prior to its release. 8. Representations: Your representations contained in this letter are true and may be relied upon by the Foundation. You will immediately notify the Foundation in writing if you fail to comply with any provision of this letter or if any of your representations are no longer true. If the conditions of this grant meet with your approval, please sign and return this letter with original (or electronic) authorized signatures within 14 days after its receipt. Payment will be issued within three weeks of our receipt of the signed contract and following the schedule of conditions (if any) outlined above. Congratulations on this recognition of your important efforts. We look forward to working with you during the coming year. Sincerely, Laura Carlson Vice President of Programs AGREED AND ACCEPTED BY THE UNDERSIGNED AUTHORIZED SIGNATORIES (all signatures below are required): x Signature, Mayor Town of Estes Park Printed Name: Title: Date: x Signature, Housing and Childcare Program Manager Town of Estes Park Printed Name: Title: Date: DocuSign Envelope ID: 43604A44-5B20-43EA-81E5-517E653D9E80 Carlie Bangs 7/24/2024 Buell Grant Carlie Bangs Housing & Childcare Manager Town of Estes Park Town Board Meeting July 23, 2024 Approval of the grant agreement with the Buell Foundation for 2024 Local Financing for Early Childhood Education grant. Objective 1 2 Presentation 7/24/2024 Present Situation ●The Buell Foundation Local Financing for Early Childhood Education grant was created to support communities who have revenue streams dedicated to the early childhood system. ●Finding ways to make care affordable for families will be key to ensuring Estes Valley families with young children are able to access the care they want or need in order to work. ●39% of families described their ability to afford childcare as challenging or extremely challenging. ●57% of families that didn’t have their children in childcare reported that cost was the greatest barrier. Assistance Programs ●Existing childcare assistance programs primarily meet the needs of low-income families. ●Tuition Assistance programs ensure childcare is “affordable” for families while also supporting childcare providers so they can charge market rate or closer to “cost of care” ●The primary objective of local tuition assistance is increasing access and affordability for families. ●6E funds must be used to stabilize families when they cannot access other funding programs and to address needs that are not met by other funding programs. 3 4 7/24/2024 Proposal Town staff recommends approval of the grant agreement with the Buell Foundation as presented. Finance Impact $50,000 revenue to the Childcare Lodging Tax with no ($0) local match required. Funds must be used by June 30, 2025. Thank you. 5 6 7/24/2024 Affordability A family of four making $5,700 a month qualifies for Colorado Childcare Assistance Program (CCAP). The maximum they should be paying for childcare is $855 per month. If they have two children in childcare, they’re likely paying around $2,400 per month in the Estes Valley unless they are receiving assistance. Cost vs. Tuition Cost of Care: the actual cost to provide care for each child Tuition (price): the amount that is charged to families COST OF CAREEstes ValleyLarimer CountyState of COTuition Rates 490.00275.00326.58375.00Infant 400.00275-325.00319.83315.00Toddler 330.00259.50302.50265.00Preschool 7 8 7/24/2024 Universal Preschool Universal Preschool (UPK) and Colorado Childcare Assistance Program (CCAP) are both funded through the State of Colorado Department of Early Childhood. UPK ●No Income Requirements ●Providers must enroll and children get matched with a provider after applying ●Serves children the year before Kindergarten ○4 year-olds and some 3 year-olds ●15 hours of free preschool ●Providers can charge tuition at market rate and the 15 hours are discounted from tuition Childcare Assistance Program Universal Preschool (UPK) and Colorado Childcare Assistance Program (CCAP) are both funded through the State of Colorado Department of Early Childhood. CCAP ●Family income must be below 235% of the Federal Poverty Level ●Serves children 0-13 years old ●Parents pay the provider a tiered parent fee (0-15% of monthly income) based on their Federal Poverty Level ●Providers must enroll and are reimbursed for each child monthly ●Funds are distributed to each county ○Larimer County Human Services administers CCAP for Estes Park residents 9 10 7/24/2024 LCCF The Larimer County Childcare Fund (LCCF) is funded through United Way of Larimer County. LCCF ●Providers must enroll and are reimbursed for each child monthly ●Created to serve families whose income is too high for CCAP ○80-115% AMI ●For children under the age of 5 ●Parents pay 15% of their income as a parent fee each month ●Administered by the Early Childhood Council for Larimer County (ECCLC) EVICS Childcare Scholarship The EVICS Childcare Scholarship is funded through private donations and fundraising, grants, partners, and 6E funds. EVICS ●Providers must enroll and are reimbursed for each child monthly ●Created to serve families experiencing hardship or ineligible for CCAP ●For children under the age of 5 and summer care for school-age ●Parents paid a tiered parent fee (0-15% of monthly income) based on their Federal Poverty Level ●Administered by EVICS since 2006 11 12 7/24/2024 Entry Income (Monthly Income at Application) 765432 $ 8,894.75 $ 7,888.17 $ 6,881.58 $ 5,875.00 $ 4,868.42 $ 3,861.83 235%Larimer CCAP Income Guidelines 13 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: July 23, 2024 RE: Rescinding Policy 106 – Public Forums and Meetings (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _Policy_ QUASI-JUDICIAL YES NO Objective: Town Board consideration of rescission of Policy 106 – Public Forums and Meetings. Present Situation: In 2015, the Town Board adopted Policy 106 – Public Forums and Meetings. The policy requires approval from the Town Board of Trustees prior to the scheduling or promotion of any public meeting or forum that is designed for the purpose of soliciting input and public opinion from residents on proposed new or revised regulations, ordinances, or programs of the Town. To schedule a public meeting or forum as defined above, staff must contact the Town Administrator and ask that he/she bring the proposal for the meeting before the full Town Board. Per the policy, the Town Administrator may bring the request forward at a regular board meeting, or poll individual board members via email. I was unaware of the provisions of this policy and have not been tracking/ensuring staff compliance with the requirement to receive Town Board approval for public meetings or forums designed to solicit input and public opinion from residents on proposed new or revised regulations, ordinances, or programs of the Town. As such, violations of this policy may have occurred. Proposal: Staff has two primary concerns with Policy 106 as written. First, the requirement to gain approval from the Board prior to scheduling a public meeting or forum creates an extra step before engaging with the public, potentially slowing Town processes down or limiting engagement opportunities. Second, the guidance to poll individual Board members via email to gain approval for a public meeting outside of a board meeting may be problematic from a transparency standpoint. It is worth noting that the Town Administrator is already required to keep the Town Board appropriately informed of public meetings and forums being held by the Town per Policy Governance Policy 3.9 (“[t]he Town Administrator shall not permit the Board of Town Trustees to be uninformed or unsupported in its work”). Staff is requesting that the Town Board rescind Policy 106 – Public Forums and Meetings, and rely upon existing the Policy Governance framework to ensure that the Board is aware of planned public forums and meetings. Advantages: • Removes a barrier to public engagement by streamlining the appropriate process for holding public forums and meetings. • Avoids potential transparency issues with polling the Board via email outside of a regular Town Board meeting. Disadvantages: • Rescinding Policy 106 could lead to situations where a public forum or meeting to gather public feedback is scheduled without Board knowledge. If this were to happen, the Town Board could correct Town Administrator performance using Policy Governance Policy 3.9. Action Recommended: Staff recommends recission of Policy 106 – Public Forums and Meetings. Finance/Resource Impact: None Level of Public Interest Medium Sample Motion: I move to approve/deny the recission of Policy 106 – Public Forums and Meetings. Attachments: 1. Policy 106 – Public Forums and Meetings Attachment 1 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: July 23, 2024 RE: Interview Committee for the Transportation Advisory Board. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Committee QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancies on the Transportation Advisory Board (TAB). Present Situation: The Transportation Advisory Board consists of nine-members and the Board currently has two vacancies. The Town Clerk’s Office has advertised the openings and has received one application as of the date of this memo. This item is being brought forward to the Board at the request of TAB Liaison Trustee Igel, to conduct an interview for the received application. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the commission positions. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Transportation Advisory Board interview committee. Attachments: None. INTERNAL SERVICES Report To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jason Damweber, Deputy Town Administrator Paul J. Fetherston, Internal Services Director Laura Blevins, Grants Specialist Date: July 23, 2024 RE: Energy Efficiency and Conservation Block Grant (EECBG) - Collaboration Opportunity with Larimer County for a Town Climate Action Plan ______________________________________________________________________ Objective: Inform and receive consensus from the Board of Trustees regarding the opportunity to collaborate with Larimer County on an EECBG grant application for a Town Climate Action Plan (Plan). Present Situation: Over the past several years, the County has led a county-wide Climate Smart and Future Ready planning process focused on addressing risks related to air quality, extreme weather, and natural disasters. This process, intended to assist communities individually and collectively through efforts to maximize resilience and protection of human health and natural resources, included Town participation as a community partner. As a next step in the Climate Smart and Future Ready initiative, the County has offered to be the applicant for funding through the State of Colorado’s Energy Office through the EECBG Program intended to provide local governments with staff capacity to enable projects and programs that reduce Greenhouse Gas (GHG) emissions. In addition, the County has committed to providing the additional funds necessary for the grant project. Based on a 2022 GHG emissions inventory conducted by the County, the Town has the highest per capita GHG emissions of all municipalities in the County due to the number of annual visitors to Rocky Mountain National Park. As a part of daily operations, staff consider opportunities to maximize efficiencies and minimize emissions where feasible and appropriate as it relates to Town facilities, fleet, and refuse. Towards that end, the Town (a) has and is utilizing grant funding to support replacement of lighting fixtures with LEDs in facilities such as the Town Hall and Museum; (b) received an Ozone Season Transit grant from CASTA to expand hours and a new route during the 2024 transit season; (c) utilizes hybrid vehicles within its fleet where feasible and appropriate; (d) recently received a grant to develop a zero- emissions transition plan to help further “green” the Town’s fleet; and (e) is considering a grant program that will provide financial support for an energy efficiency study of Town facilities. While initiatives such as this will identify opportunities and inform decisions most appropriate for Estes Park, it does not commit the Town to any specific action other than developing a Plan. As a locally developed plan, the Town can ensure that it is feasible and appropriate for both the Town and community. Sustainability initiatives and efforts related to power generation would continue to be developed and implemented through the Platte River Power Authority (PRPA) and would not be impacted by the EECBG opportunity. Proposal: Collaborating with the County on its EECBG application would provide the Town with a full-time County staff member located in Estes Park at no cost to the Town for the purposes of developing a Plan. The position would be based in a County facility in Estes Park and/or County Administration building. The Plan would encompass a variety of initiatives already underway to maximize efficiencies and minimize emissions where feasible and appropriate; and include additional efforts including but not limited to identifying opportunities and strategies for energy efficiency, transportation electrification, refuse waste diversion, and other related emissions reduction opportunities for Town operations and the community; creating change behavior opportunities; establishing goals and metrics; ensuring community outreach and engagement; and identification of financing options to support the Plan and its goals. The EECBG grant application seeks $240,000 for staffing costs, with the remaining funds for administrative costs, travel, and training provided through the County and its Climate Smart Future Ready program ($280,000). Advantages: • Supports the Board’s provisional 2025 Strategic Plan objective to “Evaluate the creation of a Climate Action Plan specific to Estes Park”. • Development of a comprehensive plan that (a) combines and coordinates all Town related sustainability efforts; and (b) articulates specific goals and performance metrics. • Maximizes realization of savings and emissions reductions through efficiency measures. • Provides additional staff for three years at no Town cost that enhances capacity to achieve what otherwise would not be achieved in the same time frame. • Requires community engagement in the process and creation of an advisory committee that includes community members. • Provides grant resources through the County as the grantee, grantor and the party responsible for grant administration. Disadvantages: • The grant funds a term limited County staff resource committed to the Town that expires after three years. Action Recommended: Staff is seeking Board consensus regarding the Town’s participation in the collaboration opportunity with the County for the EECBG. No action is requested or required at this time other than signifying whether to join the County in its effort to secure the grant. If the Town does participate and the grant is awarded, the matter would return for Board approval of an Intergovernmental Agreement with the County. The grant application deadline is August 9. Finance/Resource Impact: There is no financial commitment required of the Town. Level of Public Interest Public interest in this item is low. Attachments: 1. Presentation 7/17/2024 Energy Efficiency and Conservation Block Grant ‐Larimer County Collaboration Opportunity July 23, 2024 Town Board of Trustees Report & Discussion EECBG – Larimer County Collaboration Larimer County Climate Smart Future Ready initiative •Focused on addressing risks related to air quality, extreme weather, and natural disasters •Intended to assist communities individually and collectively through efforts to maximize resilience and protection of human health and natural resources •Estes Park participated as a community partner •2022 GHG emissions inventory identified Town as highest per capita GHG emissions of all County municipalities due to number of annual visitors to Rocky Mountain National Park 1 2 Attachment 1 7/17/2024 EECBG – Larimer County Collaboration Larimer County Climate Smart Future Ready Next Steps •Energy Efficiency Community Block Grant (EECBG) – State Energy Office •Provides local governments with staff capacity to enable projects and programs to reduce GHG emissions County commitment •Submit application and serve as EECBG grantee, if awarded •Hire a full‐time staff person (County employee) dedicated to Estes Park for three years •Provide additional funds to cover full cost of position •Position based in County facility EECBG – Larimer County Collaboration Position responsibilities for grant term: •Develop a Climate Action Plan •Encompass Town initiatives already underway to maximize efficiencies and minimize emissions •Identify opportunities and strategies for energy efficiency, transportation electrification, refuse waste diversion, other related emission reduction opportunities •Create change behavior opportunities •Establish goals and metrics •Ensure community outreach and engagement •Identify funding options to support Plan and its goals •Power generation sustainability efforts will not be impacted –remain guided through PRPA. 3 4 7/17/2024 EECBG – Larimer County Collaboration Advantages •Supports Board’s provisional 2025 Strategic Plan objective to “Evaluate the creation of a Climate Action Plan specific to Estes Park” •Builds upon and enhances staff capacity for current and on‐ going Town efforts at no cost to Town •Develops comprehensive plan combining and coordinating all Town related sustainability efforts •Maximizes savings and emission reductions through efficiency measures •Leverages outcomes not otherwise possible •Requires community outreach and engagement •Commits Town only to development of a Plan EECBG – Larimer County Collaboration Disadvantages •Funds a term limited County staff resource dedicated to Town that expires after three years Next Steps •If the Town pursues this collaboration, staff would return for Board approval of an IGA with the County if the grant is awarded •EECBG application deadline of August 9 5 6 7/17/2024 EECBG – Larimer County Collaboration Consensus/ Direction Request Does the Board support the Town’s collaboration with Larimer County to secure resources through grant funding for the development of a Town Climate Action Plan? 7 PUBLIC COMMENT RECEIVED ON 7/18/2024 Board of Trustees Public Comment Name: joan hooper Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: The Town needs a Climate Action Plan. With 4 million visitors a year and our relative remoteness, we face unusual challenges that require tailored solutions. Our roads are congested, with high traffic that generates worrisome emissions. We do not have effective plans for infill development, nor infrastructure that support walkable communities. We do not have transit alternatives to private vehicles. Our buildings (public and private) do not meet current standards for energy efficiency. We live under constant threat from wildfire. Our waste disposal stream is controlled by market forces that are antithetical to sustainability. Future tourism will expect "green" experiences in a "sustainable" environment. We have no plan to meet those expectations, to preserve, support and enhance nature's bountiful gifts to the Estes Valley. This block grant is a remarkable opportunity to identify low-hanging fruit, high-reward projects and myriad ways that the Town can move towards a better future. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/19/2024 Board of Trustees Public Comment Name: Joy Bryant Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I wanted to commend the board for considering this or other climate action plans. It is very forward thinking of you. Thank you for your time and commitment. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/19/2024 Board of Trustees Public Comment Name: Anne Poznic Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I am strongly in favor of pursuing this block grant to promote energy efficiency and conservation. The fact that the Plan would encompass a variety of initiatives already underway makes it very attractive. Expanding the summer shuttle transportation system to allow valley residents to use public transportation to reduce emissions and promote efficiencies would be very helpful to the community. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/19/2024 Board of Trustees Public Comment Name: Alice Reuman Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I wholeheartedly support this opportunity to join with Larimer County to apply for an EECBG grant with the objective of developing a Town Climate Action Plan. * It can help support initiatives the Town is already undertaking. * It can help further regional air quality goals. I did not know Estes Park has the highest community per capita GHG emissions in the State! I do note that there have been Air Quality Alerts in Estes many, many days this summer. This is distressing! * It can assist the Town in developing other initiatives to develop a "green" reputation sought after by many tourists these days. * It is the right thing to do. * It costs the Town nothing! Please support Larimer County and all of its citizens in joining this effort. Alice Reuman File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/19/2024 Board of Trustees Public Comment Name: Bev and Wen Bachman Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: We urge the town of Estes Park collaborate with Larimer County to have a climate action plan with an environmental sustainability manager to facilitate it. Without well-written mission (what you are trying to achieve) and vision statements (what it looks like if you achieve it), we’ll lose focus, wasting time and money in a haphazard way. The ultimate question is: What, in the future when you look back on this, would you regret doing or not doing? File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/20/2024 Board of Trustees Public Comment Name: Lisa Hutchins Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I'm strongly in favor of Estes Park accepting a grant (with Larimer County's assistance) so that a town staff person can develop a climate action plan for EP. Although it's currently stated that "public interest in this item is low," that's not the case! Perhaps it seems low because hardly anyone in town knows about it! Given the situation with extreme weather events, we need to do everything we can to address climate change from a local perspective. Many of the state's most successful mountain towns began work on this issue years ago, and it's time for us to step up. I hope the board will pass the measure to accept a grant fund so we can get to work on opportunities and strategies to help the environment. Thank you! File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/20/2024 Board of Trustees Public Comment Name: Elizabeth J Spalding Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: See uploaded file. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. EECBG Agenda Item Comment.pdf 18.01KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Public Comment Form 7/23/2024 Agenda item: EECBG - Town Climate Action Plan I am writing in strong support of the EECBG opportunity for Estes Park. Please do not hesitate to seize this great opportunity for the Town to further its sustainability eJorts in collaboration with the County. This exciting opportunity, at no cost to the town – albeit limited to three years in the first instance – is too important to turn down. The benefits are clearly pointed out in the Internal Services Report. I am sure that community support within the Estes Valley would be significant with the appropriate publicity. Many organizations across town are already committed to moving forward with sustainability objectives. I disagree that “public interest in this item is low”: witness the 504 households attending Estes Recycles Day 2023, the extensive work done by the Environmental Sustainability Task Force in the past and the ongoing work in RNMP and by VEP, and by more and more of our businesses. Town participation in the grant process and subsequent identification of an employee to lead the charge would be a meaningful step. Yes, please join the County in its eJort to secure the grant to allow the development of a Town plan. Liz Spalding 355 Parkview Ln PUBLIC COMMENT RECEIVED ON 7/21/2024 Board of Trustees Public Comment Name: carly lober Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: Hello Estes Park Trustees: The Town of Estes Park should have a “Town Climate Action Plan”. Estes Park has the highest per capita GHG emissions of municipalities in the county due to all the vehicles coming to Estes Park and RMNP. I strongly recommend that the Town of Estes Park apply for the Larimer County EECBG grant for a “Town Climate Action Plan”. Thank you, Keith and Carly Lober Estes Park residents File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/22/2024 Board of Trustees Public Comment Name: Lisa Hutchins Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I want to make an additional comment to my earlier one. The Environmental Protection Agency announced on Monday July 22nd an investment of $4.3 billion into community-driven projects in an effort to ramp up local climate action across the country. The funding will go to 25 recipients across 30 states, ranging from projects involving forest management to household energy efficiency. It will also help states, cities and territories develop climate action plans to meet local sustainability goals. This money could be added to the funds that Larimer County is providing. For more information, see the article in the Washington Post (note: may be paywalled): https://www.washingtonpost.com/climate-environment/2024/07/22/biden-epa-local- climate-projects/ File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/22/2024 Board of Trustees Public Comment Name: Marina Connors Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I would like the board to support efforts to secure the grant from Larimer County for the Energy Efficiency and Conservation Block Grant (EECBG) so that the town can move forward with preparing a Town Climate Action Plan. I am a member of the League of Women Voters of Estes Park, Community Recycling Committee and represent Estes Park on the Larimer County Solid Waste Policy Advisory Council and this is a great opportunity for developing a Climate Action Plan for Estes Park which includes actions to improve waste diversion. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/22/2024 Board of Trustees Public Comment Name: Douglas M Sacarto Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: This opportunity should be seized for its clear benefits for the Estes Valley and leveraged to establish a strong climate action plan and ongoing programs to continue after the grant is completed. The resources from the grant will help the town accomplish sustainability goals in its strategic plan and those outlined by the town's earlier Sustainability Task Force: https://estespark.colorado.gov/estf. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/22/2024 Board of Trustees Public Comment Name: Cathy Alper Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I believe there are many benefits to partnering with the county on the EECBG grant. The town is doing many things to move toward sustainability, but this is often in addition to staff member's main job duties. Having an additional staff person for three years could coordinate these efforts and make progress on key issues, such as sustainable event practices, and supporting business recycling. Another focus of this position could be finding ways to incorporate sustainability practices into the ongoing functions. Many town staff members want to do more for sustainability, but don't have the bandwidth. Having this position on board may help them move in this direction. Thank you for your consideration. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/22/2024 Board of Trustees Public Comment Name: Bob Leavitt Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: I strongly support the proposal to collaborate with the County on this project. The Town has a scattering of climate related initiatives but nothing to bring these efforts together into a cohesive plan. As stated under advantages in the report, "It supports the Board’s provisional 2025 Strategic Plan objective to 'Evaluate the creation of a Climate Action Plan specific to Estes Park'." This proposal by the County offers many benefits to further the Town's climate related initiatives and really has no downside. I would also argue that the level of public interest is higher than you think. I know many members of the community who think this is an important initiative. Regards, Bob Leavitt 740 Ramshorn Drive Estes Park, CO 80517 File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 7/23/2024 Board of Trustees Public Comment Name: Judith Beechy Stance on Item: For Agenda Item Title: Energy Efficiency and Conservation Block Grant - Collaboration Opportunity with Larimer County. Public Comment: As a resident of Estes Park and a long time member of the League of Women Voters Recycling Committee, I strongly support the Energy Efficiency and Conservation Block Grant proposal to increase energy efficiency here in this beautiful small town. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Town Clerk <townclerk@estes.org> EECBG application 1 message Frederic Barber <fredbarber@alum.mit.edu>Tue, Jul 23, 2024 at 8:59 AM To: "trustees@estes.org" <trustees@estes.org> Cc: "townclerk@estes.org" <townclerk@estes.org>, Jody Shaddock-McNally <jshadduckMcNally@larimer.org> I am writing to encourage the Town’s proposed support of the County’s application for an Energy Efficiency and Conservation Block Grant (EECBG) and the use of funds obtained as a result to provide a dedicated planning resource at the County’s offices in Town. Observation alone makes it abundantly clear that the Estes Valley faces significant challenges related to climate change. The statement that “the Town has the highest per capita GHG emissions of all municipalities in the County due to the number of annual visitors to Rocky Mountain National Park” demonstrates that action is appropriate on the generation side of the problem, but it’s equally clear that action is required to respond to change that is, at least in the short term, irreversible. As planning proceeds, I hope we can find an appropriate balance between the two. As a property owner in the unincorporated part of the Estes Valley, I would urge that any planning position funded through this program advocate for the needs of the entire Valley and not just the Town. The problems created by climate change clearly show no respect for the boundary and no solution is likely to succeed if it considers either jurisdiction but not the other. Similarly, proposals that ignore the impact and needs of RMNP are likely to fail; coordination at that level is also essential. Respectfully, Fred Barber 2190 Devils Gulch Rd Town Clerk <townclerk@estes.org> Energy Efficiency and Conservation Block Grant discussion 1 message judi signsandwishes.com <judi@signsandwishes.com>Tue, Jul 23, 2024 at 11:51 AM To: Town Clerk <TownClerk@estes.org> For the Town Board: I think you all know that Kent and I are in favor of extending the efforts invested in the ecological improvement of the Estes community. From the popularity of my ECOsense column and the questions I receive, I believe many Estes residents are quite concerned about ecology but do not know where to begin. As discussed in the past, the biggest drawback to hiring an ecological expert was the expense. If the resident expert is a County employee housed in a County facility, I do not see any financial commitment for the Town, now or in the future. Estes needs an all-inclusive ecological plan. This grant opportunity may offer some insight into best practices going forward, and, as with electric vehicles, could provide some substantial savings as we progress. Kent and I are looking forward to a positive discussion concerning the EECBG. See you tonight. Judi Smith Sent from my Samsung Galaxy Tab S9 FE 5G, an AT&T 5G tablet Get Outlook for Android