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Home My WebLink AboutPACKET Town Board 2025-05-13The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 13, 2025 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). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills – https://dms.estes.org/WebLink/browse.aspx?id=253208. 2.Town Board Meeting & Study Session Minutes dated April 22, 2025. 3.Town Board Strategic Planning Session #2 Minutes dated April 18, 2025. 4.Transportation Advisory Board Minutes dated March 19, 2025 (acknowledgment only). *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5.Resolution 42-25 Change Order for Fall River Trail Final Segment Design with Otak, Inc. $95,900, Budgeted. 6.Resolution 43-25 Contract Extension for 2025 Striping & Pavement Markings with Colorado Barricade Company $120,431, Budgeted. 7.Resolution 44-25 Change Order for the Construction Contract with NoCo Commercial, LLC for the Town Hall Variable Flow Refrigerant (VRF) Systems Replacement $421,980.88, Budgeted. 8.Resolution 45-25 Construction Contract with TCC Corporation for the Town Hall Finance Department Remodel (170 MacGregor Ave) $295,208, Budgeted. 9.Resolution 46-25 Construction Contract with TCC Corporation for the Street Division Maintenance Shop Restrooms Remodel (575 Elm Road) $178,322, Budgeted. 10. Resolution 47-25 Intergovernmental Agreement with CDOT for 2025 "Bustang to Estes" Transit Service. 11. Transportation Advisory Board Appointments. •Reappointment of Joan Hooper for a 3-year term expiring March 31, 2028. •Appointment of Aracely Thomas for a 3-year term expiring March 31, 2028. •Appointment of Brian Denning for a 3-year term expiring March 31, 2028. 12. Estes Park Housing Authority Reappointment of Eric Blackhurst to a term expiring April 30, 2030. 13. Resolution 48-25 Colorado Department of Human Services Co-Responder Contract with SummitStone Health Partners. 14. Revised Policy 101 – Board Assignments. REPORTS AND DISCUSSION ITEMS (Carry Over Item From 4-22-2025): 1.2024 IMPACT REPORT FOR 6E WORKFORCE HOUSING AND CHILDCARE LODGING TAX FUNDS. Housing and Childcare Manager Bangs. Presentation of the 2024 Impact Report demonstrating the financial distribution and impact of 6E Lodging Tax funds for housing and childcare. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1.ESTES PARK MIDDLE SCHOOL RISE CHALLENGE PRESENTATION. Ravi Davis and Students. A statewide initiative where students are tasked with taking civic action to improve community resilience against natural hazards. The Environmental Resilience Team is focusing on stormwater drainage. 2.SISTER CITIES YOUTH ADVISORY COUNCIL. Board President Thomas. Provide an update on the annual Youth and Educational Exchange to Monteverde, Costa Rica. 3.BASE FUNDING REPORT – ESTES VALLEY WATERSHED COALITION. President Leavitt. LIQUOR ITEMS: 1.RESOLUTION 49-25 NEW BEER & WINE LIQUOR LICENSE FILED BY GALLOWAY REED LLC DBA INKWELL & BREW, 150 E. ELKHORN AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson. Consider a new liquor license application and to consider the needs and desires of the neighborhood. 2.RESOLUTION 50-25 NEW HOTEL & RESTAURANT LIQUOR LICENSE FILED BY FORTUNA AUREA INC. DBA THE PARK TAVERN 237 & 247 W. ELKHORN AVENUE, ESTES PARK, CO 80517. Town Clerk Williamson. Consider a new liquor license application and to consider the needs and desires of the neighborhood. ACTION ITEMS: 1.TRANSPORTATION ADVISORY BOARD MEMBER APPOINTMENTS AND ROLES. Item continued to May 27, 2025 meeting. 2.RESOLUTION 51-25 SETTING THE PUBLIC HEARING DATES FOR PROPOSED ELECTRIC RATE INCREASES. Director Bergsten. To encourage public input on modifications to the proposed electric rate schedule, staff proposes setting public hearing dates for the June 10th and June 24th Board meetings. 3.PERFORMING ARTS CENTER AT STANLEY PARK. Director Hinkle. Consider addition of Encore Performing Arts Center as a Add-Alternate in the Stanley Park Master Plan. 4.RESOLUTION 52-25 FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE ELKHORN LODGE PHASE II ANNEXATION. Senior Planner Hornbeck. Determine substantial compliance and initiate annexation proceedings for the Elkhorn Lodge Phase II Annexation. 5.RESOLUTION 53-25 AN INTERGOVERNMENTAL GRANT AGREEMENT WITH THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR THE SPRUCE KNOB AND CARRIAGE HILLS WATER SYSTEM IMPROVEMENTS PROJECT. Director Bergsten Consideration of a $1 Million DOLA grant and accepting the performance requirements. 6.TOWN ADMINISTRATOR ANNUAL MERIT. Mayor Hall. The Town Board to determine the annual merit increase for Town Administrator Machalek as outlined in his employment agreement. REPORTS AND DISCUSSION ITEMS: 1.MUSEUM ANNUAL REPORT FOR 2024. Museum Director Fortini. Present Museum initiatives and statistics for 2024. ADJOURN. Town of Estes Park, Larimer County, Colorado, April 22, 2025 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 22nd day of April, 2025. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: Trustee Frank Lancaster Mayor Hall called the meeting to order at 5:00 p.m. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Brown/Cenac) to enter into executive session for discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. - Municipal Judge, Town Attorney and Town Administrator Annual Evaluations, and it passed unanimously. The Board entered into executive session at 5:05 p.m. and the executive session concluded at 7:00 p.m. Mayor Hall reconvened the regular meeting at 7:08 p.m. and all desiring to do so recited the Pledge of Allegiance. PROCLAMATION. Mayor Hall proclaimed May 5 - 9, 2025 as Public Service Recognition Week. PROCLAMATION. Mayor Hall proclaimed April 20 – 26, 2025 as Volunteer Recognition Week. AGENDA APPROVAL. It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Christy Crosser/County resident and Friends of the Museum Board member thanked the Town Board for the community grant awarded to the museum, and requested the Board consider adding the museum back into the Town’s Strategic Plan. She noted the need for additional parking stalls to be allocated for the library. She stated support for the joint meeting between the Town Board and the County Commissioners to discussion the Visit Estes Park Board. TRUSTEE COMMENTS. Board comments were heard and have been summarized: recognized the completion of the newly refurbished Town Hall bathrooms; noted the three open positions on the Transportation Advisory Board; reminded the public of the Rooftop Rodeo; Sister Cities DRA F T Board of Trustees – April 22, 2025 – Page 2 to welcome back the local students that went to Monteverde, Costa Rica over spring break; thanked Restorative Justice for their facilitation of the recent Town Board and Planning Commission meeting; reminded the public to support local non-profits through the Duck Race; Visit Estes Park selected the next interim CEO, Bill Hamberry, with a contract and start date to be determined; Tourism Summit to take place on April 30, 2025; a joint meeting with the Town Board and County Commissioners would be held on May 6, 2025; and encourage interested individuals to apply for the Estes Park Planning Commission, Estes Park Board of Adjustment, and the Estes Park Housing Authority. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek stated he reported full compliance with Policy 3.4 at the previous meeting. He noted partial compliance with 3.4.5 as staff determined a change order was approved outside of the explicit language of the approved resolution. One additional project from 2022 incurred the same violation. The projects were completed within budget and within the proper spending authority. POLICY GOVERNANCE MONITORING REPORT- POLICIES 3.3 AND 3.7. Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. The above policies are reported on each April and noted full compliance. He stated 3.3.3 requires operational revenue projections are clear and projected and actual revenues are within 10% margin of error. Two funds were outside of this margin for the Worforce Housing Lodging Tax Fund and the Parking Service Fund. Staff made expenditure reductions in both funds to ensure budgetary compliance. CONSENT AGENDA: 1. Bills. 2. Town Board Meeting & Study Session Minutes dated April 8, 2025. 3. Estes Park Planning Commission minutes dated March 18, 2025 (acknowledgment only). 4. Resolution 29-25 Amendment to the Professional Engineering Services Agreement with AE2S LLC to add general services during construction for the Carriage Hills and Spruce Knob Water Systems Improvement Project $219,930, Budgeted. 5. Resolution 30-25 Contract with Vance Brothers, LLC for 2025 Chip & Crack Seal Program $306,859.04, Budgeted. 6. Resolution 31-25 Contract extension with Coulson Excavating Company, Inc. for 2025 Overlay & Patching Program $1,712,250.25, Budgeted. 7. Resolution 32-25 Change Order to the Construction Contract with JOC Construction, LLC for Performance Park Restrooms Remodel $105,826.49, Budgeted. 8. Resolution 33-25 Intergovernmental Agreement with Colorado Department of Transportation for Fiscal Year 2023 Congestion Mitigation and Air Quality (CMAQ) Funds to Support Estes Park Transit Service Expansion Programs in 2025 and 2026 $252,370.00, Budgeted. 9. Resolution 34-25 Contracts for On-Call Electrical Services with Dickinson Electric, Inc., Flash Electric, Inc., South Paw Electric Company. 10. Letter of Support to Colorado Department of Transportation for the Non-Attainment Area Air Pollution Mitigation Enterprise Community Clean Transportation Assistance Grant Program (NAAPME) for Moraine Avenue Trail Design/Construction Project. 11. Resolution 35-25 Setting the Public Hearing for a New Beer & Wine Liquor License Application for Galloway Reed LLC dba Inkwell & Brew, 150 E. Elkhorn Avenue, Estes Park, Colorado. 12. Resolution 36-25 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for Fortuna Aurea Inc dba Park Tavern, 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado. 13. Acceptance of Town Administrator Policy Governance Report. DRA F T Board of Trustees – April 22, 2025 – Page 3 It was moved and seconded (Igel/Younglund) to approve the Consent Agenda, and it passed unanimously. Consent Item #4 - Resolution 29-25 Amendment to the Professional Engineering Services Agreement with AE2S LLC to add general services during construction for the Carriage Hills and Spruce Knob Water Systems Improvement Project $219,930, Budgeted. It was noted by Town Attorney Kramer that Consent Item #4 was not finalized or approved by staff and would need to be reconsidered at a future Town Board meeting. It was moved and seconded (Cenac/Hazelton) to reconsider Resolution 29-25 at the next Town Board meeting, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BASE FUNDING REPORT - ESTES VALLEY CRISIS ADVOCATES. Program Director Fanucchi reviewed a report outlining the mission and programs provided by the organization. She noted the program served 466 clients, 908 total shelter nights, 1,598 client contacts, and 3,150 volunteer hours by the board members and volunteer advocates. The funding the Town provides assists the organization and to leverage the funds to apply for and receive funding from other sources such as federal funding. 2. COMMUNITY WILDFIRE DEFENSE GRANT FUNDING FOR THE ESTES VALLEY FIRE PROTECTION DISTRICT (EVFPD). Division Chief Landkamer stated the Town funded a 25% match, $175,000, for a Wildfire Defense Grant awarded to the EVFPD to thin and treat property in the Thunder Mountain area adjacent to Rocky Mountain National Park, approximately 200 acres. In February 2025, the Colorado State Forest Service notified EVFPD that they had reconsidered the match requirement and determined the grant award no longer required a match due to Estes Valley’s status as an “underserved community”. The project cost remained at $740,000; however, the grant no longer requires the match. The Town Board could require the funds be repaid to the Town, and therefore, reduce the scope of the project or EVFPD would need to find additional funds to complete the project. Town Board discussion was heard and has been summarized: questioned if the funds were needed now by the EVFPD since the project would take three to four years to complete; could the funds be returned for Town use and reissued at a later date, closer to the tail end of the project; the funds have been allocated to address this needed community concern; concerned the Town allocated funds are no longer needed to secure the loan and could be used for other Town priorities; questioned how the new 1A sales tax funds have impacted the EVFPD financially; stated the EVFPD does not have a financial stake in the current project other than in-kind; requested repayment of the funds would be second guessing a prior board; questioned if the EVFPD would use 1A sales tax revenues to fund future grant opportunities; and requested additional information and discussion occur prior to making a final decision. Division Chief Landkamer stated EVFPD’s would provide in-kind grant management, hire the contractor and manage the project. The 1A sales tax has provided the funding for EVFPD to hire a Wildland Risk Reduction Educator and hire a mitigation crew. Town Administrator Machalek stated the item would be scheduled for an upcoming Board meeting to allow additional deliberative discussion with a formal action by the Board. LIQUOR ITEMS: 1. RESOLUTION 37-25 NEW HOTEL & RESTAURANT LIQUOR LICENSE FILED BY JWC ELEVATIONS LLC DBA STANLEY CHOCOLATE FACTORY, 157 W. ELKHORN AVENUE UNIT 1-10 & 14, ESTES PARK, CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson presented Resolution 37-25 for a new Hotel & Restaurant liquor license. She reviewed the application stating all paperwork and fees had been submitted. The applicant was aware of the Training for Intervention Procedures (TIPS) requirement as the applicant owns other liquor establishments in Town and has completed TIPS training previously. The applicant was available for DRA F T Board of Trustees – April 22, 2025 – Page 4 questions and spoke regarding their experience, the renovations, intentions for the new building, and opening date of Fourth of July weekend. Mayor Hall closed the public hearing and it was moved and seconded (Cenac/Younglund) to approve Resolution 37-25, and it passed unanimously. ACTION ITEMS: 1. RESOLUTION 38-25 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2025 BUDGET. Director Zimmerman presented a supplemental budget appropriation for the 2025 budget to re-appropriate remaining balances for uncompleted 2024 purchase orders to complete the acquisition of goods and services ordered in 2024 but not received by the end of the year or uncompleted projects. Any grant funds associated with the projects must also be rolled over to the current 2025 budget. After reflecting the budget amendment, the General Fund reserves are projected at 31.5% of 2025 operating expenditures with the inclusion of $56.2 million in rollovers and amendments. The proposed supplement would increase the current Administrative Assistant in Public Works from a .75 FTE to a 1.0 FTE. It was moved and seconded (Brown/Younglund) to approve Resolution 38-25, and it passed unanimously. 2. RESOLUTION 39-25 6E FUNDING EXPENDITURE FOR CHILDCARE START-UP COSTS. Manager Bangs reviewed a request to utilize 6E funds of $150,002.25 to support the start up costs for Little Kids Motessori Childcare and Preschool located within the St. Bartholomew’s Episcopal Church to serve up to 26 children from infant to 5 years old. The funds would be used to purchase equipment, supplies, and staffing costs for three lead teachers and three assistant teachers for the first three months of onboarding. The initial start-up costs received by the Town would be used to leverage matching grants with larger, more regional organizations. The funding agreement outlines sipulations, including the provider must offer childcare for infants and toddlers, and must offer childcare services for at least five years or be required to return the funds. The operator Susan Castillo was present and provided a brief overview of the new childcare program. After further discussion, it was moved and seconded (Hazelton/Cenac) to approve Resolution 39-25, and it passed unanimously. 3. ORDINANCE 05-25 AMENDING SECTION 13.2 OF THE ESTES PARK DEVELOPMENT CODE TO ADD CAROUSELS AS LIMITED COMMERCIAL RECREATION OR ENTERTAINMENT ESTABLISHMENTS. Mayor Hall opened the public hearing. Director Careccia noted a proposal to place an indoor carousel on property within the CD zoning district, 133 West Elkhorn Avenue, was received as part of a larger, adjacent development that includes a chocolate factory and other food/beverage type uses. Currently only limited indoor commercial recreation establishments are permitted by right within the CD zoning district. The Development Code further defines what specifically constitutes a limited recreation establishment as indoor movie theaters and theatrical space for dramatic, musical or live performances; or indoor billiards, pool and other table games. The carousel would neither be an allowed use by right nor an accessory use within the CD zoning district. On March 25, 2025, the Town Board directed staff to draft a narrowly focused text amendment to specifically allow indoor carousels as an accessory use within the CD zoning district. At their meeting of April 8, 2025, the Town Board reviewed a proposed amendment drafted by staff, recommended revisions, and directed staff to move forward with the public hearing adoption process. Walt Dietrich/Chairman and President of Whimsadoodle stated strong support for the new addition to the area and to enhance the area of Cleave Street. Mayor Hall closed the public hearing. It was moved and seconded (Younglund/Hazelton) to approve Ordinance 05-25, and it passed unanimously. 4. RESOLUTION 40-25 MEMORANDUM OF UNDERSTANDING WITH LARIMER COUNTY SHERIFF'S OFFICE FOR SECURITY. Chief Stewart presented a Memorandum of Understanding with Larimer County Sheriff’s Office to allow the Estes Park Police Department sworn officers to work special events in the unincorporated Larimer County and at the Larimer County Fairgrounds. The agreements further DRA F T Board of Trustees – April 22, 2025 – Page 5 outlines the compensation rate for officers with a 4% inflation per year for three years, describe the incident command structure, and other operational procedures for events. After further discussion, it was moved and seconded (Hazelton/Igel) to approve Resolution 40-25, and it passed unanimously. 5. ORDINANCE 06-25 AMENDING CHAPTERS 10.04.030 AND 10.04.040 OF THE TOWN OF ESTES PARK MUNICIPAL CODE PERTAINING TO OVERNIGHT PARKING. Mayor Hall opened the public hearing. Director Muhonen stated the Muncipal Code sections 10.04.030 Parking Prohibited and 10.04.040 Overnight Parking Prohibited have been reviewed by staff and proposed revisions have been drafted to address ambiguities, improve enforceability, and ensure alignment with operational capabilities and community expectations. The code as written prohibits parking on any public roadway or parking lot within town limits overnight for more than 18 hours. The proposed code language would make lawful the long-standing historic overnight parking along residential streets. At the March 25, 2025 study session, the Board affirmed concerns with camping on public streets and parking lots. The Board also expressed some differing opinion on the continuation of overnight parking prohibitions and requested a future discussion. The current proposal would keep the current overnight parking restriction in parking lots while allowing overnight parking in other areas. The ordinance does however provide overnight parking at the Events Complex parking lot. Mayor Hall closed the public hearing. It was moved and seconded (Igel/Cenac) to approve Ordinance 06-25, and it passed unanimously. 6. RESOLUTION 41-25 PROFESSIONAL SERVICES CONTRACT WITH DESMAN, INC FOR THE DESIGN OF THE BIG HORN PARKING STRUCTURE. Manager Klein presented a contract with DESMAN, Inc. for the design of a multi-level Big Horn parking structure, to include structural design accommodating an additional fourth level for potential future construction of workforce housing at a cost of $456,882 or a not to exceed amount of $500,000. A request for proposal was issued in June 2024 and staff negotiations with the top consultant could not be completed due to the gap between the consultant’s fees and the Town’s budget. The second ranked consultant provided a fee proposal in line with the Town’s budget, and staff have confirmed the designer’s capabilities and experience with similar projects in Colorado. The proposed parking structure would increase parking supply and mitigate the loss of on- street parking caused by the Cleave Street Improvement Project. It was moved and seconded (Igel/Younglund) to approve Resolution 41-25, and it passed unanimously. 7. REVISED POLICY 842 - PARKING PERMITS. Manager Klein reviewed a revision to the policy to allow the Business Permit: Commercial Loading permit to park overnight at the Museum Annex Parking lot on 220 4th Street from 5 p.m. to 10 a.m. This would free up downtown parking spots during the high season. It would further eliminate ambiguity for the parking enforcement team on potential violations. Board discussion was heard and summarized: concern was raised on making the jobs of the Post Office employees and contractors more difficult; the number of issues and concerns raised with the use of the parking lot by the Post Office outway their continued use; other options and solutions could have been brought forward by the community and the Post Office; questioned if there was a legal risk in limiting the Post Office’s use of the parking lot; this change may elevate the converstation to relocate the Post Office from downtown; and concern with the neighborhood impact for permit holders. It was moved and seconded (Younglund/Hazelton) to approve Policy 842 – Parking Permits with the proposed revisions, and it passed unanimously. 8. RENAMING REQUEST FOR POST OFFICE PARK LOT TO "BALDWIN PARK LOT". Mayor Hall opened the public hearing. Town Administrator Machalek brought forward a proposed name change for the currently named Post Office Parking Lot as outlined in policy 208. The name change would recognize that the parking lot serves many businesses and functions other than the Post Office. Baldwin Park would be the closest Town facility to the parking lot and highlights the adjacent public park area. The change would further eliminate the potential confusion regarding ownership of the public parking lot. Mayor Hall closed the public hearing. It was moved and seconded DRA F T Board of Trustees – April 22, 2025 – Page 6 (Igel/Cenac) to approve the renaming request of the Post Office Park lot to the Baldwin Park lot, and it passed unanimously. It was moved and seconded (Hazelton/Igel) to extend the meeting past 10:00 p.m. and the motion failed with Mayor Pro Tem Cenac and Trustees Brown and Younglund voting “No”. 9. TRANSPORTATION ADVISORY BOARD MEMBER APPOINTMENTS AND ROLES. Item to be continued to the May 13, 2025 meeting. REPORTS AND DISCUSSION ITEMS: 1. 2024 IMPACT REPORT FOR 6E WORKFORCE HOUSING AND CHILDCARE LODGING TAX FUNDS. Item to be continued to the May 13, 2025 meeting. Whereupon Mayor Hall adjourned the meeting at 10:02 p.m. Gary Hall, Mayor Jackie Williamson, Town Clerk DRA F T Town of Estes Park, Larimer County, Colorado April 22, 2025 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 22nd day of April, 2025. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, Recording Secretary Campbell Absent: Trustee Lancaster Mayor Hall called the meeting to order at 3:30 p.m. ELECTRIC RATE STUDY. Director Bergsten provided the Board with an Electric Rate Study Proposed Rate Plan presentation which provided the process, financial forecast, proposed revenue increase plan and next steps. The financial forecast would determine the revenue requirements of the utility during the specific study period. Cost allocation allows the unbundling of costs by function and service which classify costs and allocates costs among customer classes, thereby resulting in a rate design. The objective of the rate study would be to provide revenue stability and simplicity within legislative and regulatory compliance. Failure to have rates that are not well designed or aligned with cost of service could result in financial instability, potential for cost recovery not matching incurred costs, potential to over or under recover costs, or ensure revenue adequacy. If rate increases are not implemented the result would be a drawdown of cash reserves and days cash on hand, reduction to debt service coverage, higher rate increases would be needed in later years, and potential for rate shock. The rate increases are estimated to be 4% - 5% for the next three years to avoid an additional rate study. Based on this data, the next steps would be updating the model based on strategic planning meeting results, cost of service analysis, and rate design. The rate design would include rate changes by customer class and rate component and alignment with cost of service. After further discussion, it was agreed that additional community engagement would be needed at an upcoming meeting as it provides an opportunity for discussion and education for the residents to understand the various factors that play a part in the rate design, as well as receiving more community feedback. The Board requested Megan Helper, NewGen Strategies and Solutions Consultant be present to provide a deeper understanding of the process. An action item would be presented to the Board on May 13, 2025 in order to set the public hearing dates. ANNEXATION POLICY. Senior Planner Hornbeck presented an update from the November 12, 2024 Study Session where the Board requested additional information on other jurisdictions within Larimer County, the cost and benefit of annexation, the vacation home impact on revenue when annexing residential, and the treatment of extraterritorial water service. Input from the Board was requested regarding a potential annexation policy for the Town and a potential intergovernmental agreement between the Town and Larimer County on annexation and development in the Estes Valley. It was determined that Larimer County has intergovernmental agreements in place with Berthoud, Fort Collins, Loveland, Timnath and Windsor for land use and development which include annexation. Detailed economic analysis of annexations are normally prepared for large annexations to help a governing body understand potential impacts. Staff stated studies are not warranted for many potential annexations in Estes Park; one could be prepared but would require the expertise of a third-party consultant at a cost to DRA F T Town Board Study Session – April 22, 2025 – Page 2 either the Town or the applicant. The Town staff could prepare an analysis but with significant staff time required. The existing or proposed land use of a potential annexation would allow for generalizations of the fiscal impact to the Town. Compact residential developments are less of a cost burden and would be able to “pay for itself” due to additional tax revenue and efficient use of infrastructure. Commercial developments are typically a net positive due to the higher property tax rate and the potential sales tax that would be generated. Vacation homes generate revenue on average of $2,684 in sales tax to the Town, based on the 5% sales tax based on assumptions from the Vacation Rental Fee Study. Municipal Code section 13.24.120 addresses an extraterritorial water service which would require all applicants for water service outside the boundaries of the Town to annex their property, if required by the Town. Current eligible properties are in the Mary’s Lake Road corridor, Prospect Mountain, and Carriage Hills, including partially annexing Mary’s Lake Road and other streets that require road work. The Town would incur the cost of bringing the roadways up to standards and maintaining the roadway at a significant cost to the Town, well exceeding the property taxes collected. Town Board discussion and questions were heard and summarized: voiced concerns and raised questions about annexing a property where services are not provided and properties that are not eligible; requested additional information as to how many short- term rental properties would be affected by this policy, as well as the effect on code enforcement and required staff time; stated the information provided was very insightful; agreed with having control of property but at what cost; expressed the need for the community to reach out to the Mayor and Trustees or staff to voice their concerns or questions before any decision can be reached; and the Board agreed to continue the discussion on an annexation policy and intergovernmental agreement between the Town and Larimer County on annexation and development in the Estes Valley. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek proposed and the Board agreed to schedule the Water Master Plan – Collaborative Development of Treatment Alternatives to the July 8, 2025 meeting. Town Administrator Machalek proposed and the Board agreed to schedule the Vacation Homes and Individual Accommodation Units, Vacation Home License Transferability, and the HR Strategic Plan to the June 10, 2025 meeting. COMMENTS & QUESTIONS. None. There being no further business, Mayor Hall adjourned the meeting at 4:56 p.m. Gretal Campbell, Recording Secretary DRA F T Town of Estes Park, Larimer County, Colorado April 18, 2025 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 April, 2025. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Attending: Mayor Hall, Trustees Brown, Hazelton, Igel, Lancaster and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer Town Clerk Williamson, Directors Bergsten, Careccia, Hinkle, Fetherton, Muhonen and Zimmerman, Police Chief Stewart, and Deputy Town Clerk Beers Absent: Mayor Pro Tem Cenac Mayor Hall called the meeting to order at 1:00 p.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. Town Administrator Machalek stated staff made a conservative effort to reduce the number of objectives to accommodate workloads in anticipation of the large projects, and development code changes anticipated in 2026. The Board discussed the senior needs assessment, whether a staff member should be assigned a focus on seniors in the community, and opportunities to assist with senior and seasonal housing. Staff would complete a review of the senior needs assessment and determine which goals can be altered to be action focused to benefit seniors. Discussion ensued on housing needs, various options to assist in childcare needs, and the inter-relationship with housing. Goal 1.A Modify - Incentivize private development of workforce and attainable affordable housing. Goal: Add - Support a relocation of the Post Office away from its current location downtown. Goal 5.B: Modify - Overhaul outdated and aging landscaping in Children’s Park, Riverwalk, and Wiest Park. Goal: Add - Encore tracking goal over three year period, with emphasis on wording since an agreement had not been established. Goal: Add - Continuously evaluate options for addressing the community’s childcare needs. 6.B Modify - Collaborate with community stakeholders to update our adopted transportation, drainage, and parking design standards and construction policies in the Development Code. DRA F T Town Board Study Session – April 18, 2025 – Page 2 Objective 1.3: Modify - Discuss with the Estes Park Housing Authority (EPHA) how 6E funding expenditures should be targeted in the near term, in light of the current Housing Needs Assessment. Objective: Add - Senior objectives grounded in needs assessment work. Objective 1.4 Add - Work with EPHA to evaluate potential for interest rate buy-down programs. Objective 10.1 Add - Explore wrapping the utility boxes with vintage pictures of Estes Park in the downtown corridor and Cleave Street. Governmental Services and Internal Support – We provide high-quality support for all municipal services. The Board discussed grant writing, funding, and term limits for Town-appointed Boards. Goal 5.B: Modify - Evaluate inclusivity and effectiveness of Town community engagement processes. Goal 7.A: Modify - Implement a Town Performance Management System. Goal 11.B Modify - Upgrade and maintain the quality, function, and safety of the Town’s public restrooms. Objective 1.2 Add - ERP Training. Objective 4.A.1: Add - Require term limits on all Town-appointed Boards. Objective: Add - Explore options to improve website experience and navigation. Objective 11.D.1 Modify - Initiate construction of a new police facility, ensuring the completion of pre-design work, identification and securing of a suitable site, and obtaining approval of a comprehensive funding plan by December 2026, with projected completion and occupancy by 2029. (Multi-year Objective) Outstanding Guest Services – We are a preferred Colorado mountain destination providing an exceptional guest experience. The Board discussed coordination between Town staff, Visit Estes Park and other businesses and the performing arts 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 Environmental Sustainability Task Force, directives, the climate change report, and coordination with Larimer County and the Estes Valley Fire Protection District, including emergency management. The Board stated the value and importance of maintaining the Estes Park Police Department as the law enforcement agency for the Town. Staff would encourage the Estes Park School District to continue to participate and pursue opportunities funded by the Regional Opioid Abatement Council. Goal 1.C: Add - Evaluate the Town’s approach to all-hazard emergency management in collaboration with our local and regional partners. Goal 2.B: Modify - Encourage alternative renewable energy options for new and established homes and businesses, including Town buildings. Goal 2.D: Modify - The events and Visitor Services Department will minimize the environmental impacts of Town events. Goal 3.A: Add - Continue to support Regional Opioid Abatement Council and the importance of Town representation. Goal: Add - Support VEP’s efforts to communicate sustainable messages to visitors. DRA F T Town Board Study Session – April 18, 2025 – Page 3 Objective: It was determined the police station goals and objectives would be moved to this section. Robust Economy – We have a diverse, healthy, year-round economy. The Board discussed seasonal worker housing including J-1s, the implementation of the Downtown Plan, and business operating hours which cater to customers and take seasonality into consideration. Goal: Add - Enhance engagement with business community through thoughtful scheduling and timing. Goal: Add - Work with the Chamber and EPHA to assess how seasonal employees are housed in Estes Park. Goal: Add - Scheduling and timing considerations. Goal: Add - Recognizing importance of “mom and pop” shops, opportunities to support those businesses and identify opportunities to support an eclectic mix of business. Goal: Add - Evaluate expansion of Town Hall hours (7-6) through schedule changes aligning with customer and business needs. 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 payback options for businesses and feasibility due to seasonal business operations. Goal 1.A: Add - Review and update key finance policies. Transportation – We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. The Board discussed construction phases, routine road and maintenance work, driving visitor messaging through signage, Highway 34/36 and Steamer Dr. traffic study status, motorized bicycle impacts to safety, the community and regulatory requirements and self-sustaining parking services. Goal 1.C: Modify - Evaluate the next phases of the Wayfinding Signage Program prior to further implementation. Goal 3.C: Modify - Consider implementation of the recommendations in the 2030 Transit Development Plan. Goal 3.D: Modify - Consider implementation of the recommendations in the 2045 Multimodal Transportation Plan. Goal 5.A: Modify - Continually evaluate implementation of the Downtown Parking Management Plan in a manner that delivers parking services as a self-sustaining program by 2030. Objective: Add - Evaluate how the Municipal Code treats motorized/electrified scooters, golf carts, e-bikes etc. Objective: Add - Continue evaluating traffic flow (multi-year objective). Utility Infrastructure – We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. The Board discussed water projects and grant funding opportunities for final designs of the Big Thompson River Project. DRA F T Town Board Study Session – April 18, 2025 – Page 4 Strategic Statement 3: Add - We effectively and efficiently manage stormwater and are proactive in mitigating flood risks. Goal 1.B: Modify - Decrease per-capita treated water demand through loss reduction. Town Administrator Machalek provided details for the next steps of the process and there being no further business, Mayor Hall adjourned the meeting at 5:04 p.m. Bunny Victoria Beers, Deputy Town Clerk DRA F T Town of Estes Park, Larimer County, Colorado, March 19, 2025 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 19th day of March, 2025. Board: Chair Belle Morris; Vice-Chair Carissa Streib; Members Kristen Ekeren, Larry Gamble, Linda Hanick, Joan Hooper, Misti Marcantonio, and Wallace Wood; Trustee Mark Igel; Staff Liaison Dana Klein Attending: Chair Morris; Members Gamble, Hooper, Marcantonio, and Wood; Manager Klein; Director Muhonen; Recording Secretary McDonald; Mayor Hall; Engineer Waters Absent: Vice-Chair Streib, Member Ekeren, Member Hanick Chair Morris called the meeting to order at 12:07 p.m. PUBLIC COMMENT Two public comments were received in writing after the meeting packet deadline. The first was a Public Comment Form submitted online by Cory La Bianca (Town citizen) expressing concern about a left turn arrow at the new Moraine Avenue roundabout. After brief discussion based on the submitted photo, it was agreed that Director Muhonen would respond to the concern by email. The second was a letter submitted to Chair Morris by Harry Kent (Town citizen) stating opposition to the Elkhorn Lodge Phase II Annexation, based on the potential impact to Elm Road. Since the TAB does not have a formal role in evaluating Community Development Department projects, discussion ensued about whether it should concern itself with this land use application matter in particular, or other development projects in general. With knowledge of the Strategic Plan, the TAB typically becomes engaged at the design phase of projects that can cause transportation issues. While the TAB has occasionally discussed specific projects that prompted traffic concerns, it was agreed that regular engagement in such projects would require a larger, vital discussion in the future about possibly formalizing the TAB’s role in the development application process. TRUSTEE LIAISON UPDATE Trustee Igel introduced the topic of the Town Board’s March 11 discussion of the action item “Resolution 19-25 Establishing 2025 Seasonal Paid Parking and Parking Permit Fees,” explaining that the lack of a TAB letter of support had impacted the final vote. Strong discussion ensued regarding the responsibilities and nature of the TAB and its Town Board Liaison; the relevance of the TAB as an advisory board to staff and the Town Board when it comes to critical topics, although some of the public perceives that it has evolved into a project-endorsement entity; how the TAB’s newer members (terms beginning April 1, 2024) have not yet had the opportunity to formally support or oppose Transportation Advisory Board – March 19, 2025 – Page 2 projects or programs that commenced prior to their terms; the importance of presenting fact-based information when updating the public about TAB activities; how TAB members expressing their opinions publicly, particularly in a letter, should specify whether the opinion is being expressed by the TAB as an entity or by the member as an individual citizen; and the TAB’s obligation and commitment to feature supporting and opposing arguments when crafting a formal letter of support to the Town Board. Since the 2025 Paid Parking Program was approved by the Town Board on March 11, it was agreed that the TAB would engage in a thoughtful, possibly moderated discussion of the topic beginning in late October; this would be after conclusion of the 2025 paid parking season and in preparation for the 2026 season. APPROVAL OF MINUTES DATED FEBRUARY 19, 2025 It was moved and seconded (Morris/Marcantonio) to approve the February 19, 2025, minutes, and it passed unanimously. FINAL DRAFT DISCUSSION: MULTIMODAL TRANSPORTATION PLAN & TRANSIT DEVELOPMENT PLAN Manager Klein advised that staff recommends taking the final Multimodal Transportation Plan (MTP) and Transit Development Plan (TDP) documents to the Town Board for approval on April 22. Staff has been addressing proofreading edits with Kimley-Horn; TAB member feedback today should focus on overall content. Director Muhonen advised that Chair Morris would take notes today for drafting the TAB’s letter of support/position; members could also email their comments to her. This letter would be voted upon by members at the TAB’s April 16 meeting, then submitted that day for inclusion in the April 22 Town Board packet. Discussion points included that the SCOTUS model of detailing majority and minority positions in its rulings would be good practice to follow when the TAB prepares letters of support for Town Board consideration; that MTP and TDP topics are distinct and should be detailed primarily in their respective documents, referenced only as necessary in each plan when their topics naturally cross over; confirmation that the project lists in each plan can be reordered or reprioritized according to need and funding availability; the benefits of having a “wrapper” statement in the plans that would acknowledge their shortcomings, emphasize their starting-point nature, and assure that modifications would be made as needed in the coming years, likely by 2030; and how MTP-TDP survey flyers were used as an outreach method to the Spanish-speaking community, but that the documents themselves are in English only. The TAB agreed that—with safety being a priority for ages “8 to 80”—sidewalk development should take precedence over bike lanes since some areas can serve both needs; that visitor growth in Estes Park demands more and safer connectivity options; that the plans should include cycling accommodations but not be so focused on them, since the analysis of cyclist needs was mostly locals-centric; and that the TDP is better developed document than the MTP. Transportation Advisory Board – March 19, 2025 – Page 3 MULTIMODAL TRANSPORTATION PLAN & TRANSIT DEVELOPMENT PLAN: NEXT STEPS Chair Morris will draft a TAB letter of support for members to review and vote upon at their April 16 meeting. 2025 PAID PARKING RATES: TOWN BOARD RECAP & NEXT STEPS Given the lively discussion during the Trustee Liaison Update, Manager Klein acknowledged that having a TAB letter of support at the March 11 Town Board meeting would have been helpful. On March 25, the Town Board study session will focus on Estes Park Municipal Code (EPMC) Title 10 Parking Prohibition Revisions, which are mostly focused on relaxing overnight parking restrictions for downtown residents; and Policy 842 Parking Permits Revisions, which would be informed by any ordinance changes. Staff is discussing renaming the Post Office lot as the Baldwin Park lot, for naming consistency with other lot names and local landmarks. PARKING & TRANSIT UPDATES Manager Klein reported that Bustang to Estes service will resume a 41-day, weekend- only season with two buses running round-trip for $15 per person. Applications for three projects were filed with the Upper Front Range Transportation Planning Region’s (UFR TPR) Multimodal Transportation and Mitigation Options Fund (MMOF); two were approved: Moraine Avenue Trail Design and 2026-2027 Transit Operations. The intergovernmental agreement (IGA) for the CMAQ (Congestion Mitigation and Air Quality) grant was finally received; the initiatives will be undertaken in the 2025 season and completed in 2026. GoNoCo34, the transportation management organization (TMO) of which Manager Klein was elected Treasurer, continues to meet regularly and is building membership through a LinkedIn campaign. The Zero-Emission Vehicle Fleet Transition Plan is underway with the consultant, and a stakeholder workshop being planned. The Peak routes are being modified for safety and new stops. The Big Horn Parking Structure design contract requires a budget amendment before presentation to the Town Board on April 22. ENGINEERING UPDATES Director Muhonen reported that the design services contract for trail upgrades along Colorado Highway 7 (CO 7) and US 34 was approved on February 11. Cleave Street Improvement project updates are best followed by signing up for the weekly email. Resident Engineer Gina Fox of the Colorado Department of Transportation (CDOT) will attend the April 16 TAB meeting to present a recent pedestrian study that addresses ongoing crossing safety issues on CO 7; TAB members received this report by email and should read it through before the next meeting. Discussion points included the difficulty of fully analyzing the crossing safety issues on CO 7 before the Prospector Apartments are fully occupied; the benefits of a road diet; and appreciation for the concrete work recently completed by the Street Division near the Estes Valley Recreation and Park District Community Center. Additionally, Director Muhonen summarized the TAB’s discussion earlier in the meeting about the paid parking Transportation Advisory Board – March 19, 2025 – Page 4 program; it was confirmed that the program would be analyzed again starting in October, and that no further action would be taken for the 2025 program. UPDATE ON PAST PUBLIC COMMENT Regarding comments Member Hooper had received about overnight parking restrictions at The Wheel Bar, the TAB briefly discussed that the currently proposed changes to the EPMC do not seem to provide language that meets the needs of bar patrons wishing to avoid driving; the language should allow for discretionary situations, if possible. For this type of EPMC administrative change, it was agreed that the TAB need not write a letter of support. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 2:15 p.m. /s/Lani McDonald, Recording Secretary PUBLIC WORKS To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Trevor Wittwer, PE, Civil Engineer David Greear, PE, Public Works Director Date: May 13, 2025 RE: Resolution 42-25 Change Order for Fall River Trail Final Segment Design with Otak, Inc., $95,900, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval for a change order with Otak, Inc. for the final design of Fall River Trail. The proposed project is grant-funded and budgeted. Present Situation: The Fall River Trail has one remaining segment to complete the entire trail system. Currently, that segment of trail is at 90% design. Otak has been the design consultant on the Fall River Trail project since 2015 and has vast knowledge of the project. Design of the final segment will allow the construction project to be bid in fall 2025. The additional cost and scope of work is due to unknown factors at the time of Otak’s original proposal. The initial 90% design included easement acquisition along Fish Hatchery Road, which resulted in a specific trail alignment that required minimal retaining walls. After unsuccessful attempts to lock in the required easements, the trail alignment needed to be shifted to stay entirely within the public right-of-way. This also required the addition of significant retaining walls and extra drainage infrastructure. Proposal: Public Works staff propose approval of the contract change order with Otak, Inc. for final design of the Fall River Trail final segment in an amount of $95,900, inclusive of labor and expenses. Advantages: •Allows Public Works staff to advertise the final segment for bid in 2025. •15% of the funding for this design project has been awarded through a state grant. •All improvements will also ensure full compliance with Americans with Disabilities Act (ADA) standards to ensure access for users of all abilities. Disadvantages: •This project represents an investment of Town resources, both financial and staff time; however, Town staff have robust experience managing this type of project, and grant funding has been secured. Action Recommended: Public Works staff recommend approving the contract change order with Otak in the amount of $95,900. This would bring the total contract amount with Otak to $299,439. Finance/Resource Impact: Current Impact: 204-5400-544.36-60 Community Reinvestment fund, Fall River Trail Phase 4 (FRTR4.3), $295,000 available budget as of April 22, 2025. The additional $4,439 will come from 244-3400-434.36-60 (FRTR4.3), $4,321,568 available budget as of April 22, 2025. Level of Public Interest PW staff anticipate low interest in the final design of this project, beyond the adjacent property owners. Sample Motion: I move for approval/denial of Resolution 42-25. Attachments: 1. Resolution 42-25 2.Change Order with Otak, Inc. for Fall River Trail Final Segment RESOLUTION 42-25 APPROVING A CHANGE ORDER TO THE PROFESSIONAL SERVICES CONTRACT WITH OTAK, INC. FOR ENGINEERING AND DESIGN SERVICES WHEREAS, the Town Board wishes to issue a change order for a professional services contract with Otak, Inc. dated March 27, 2024 for final design and construction documents for the Fall River Trail Final Segment. 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, Change Order No. 1 to the contract referenced above in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 CONTRACT CHANGE ORDER NO. 412212025 Submiued by Trevor Wiuwer Project name Fall River Trail -Final Segment Project# 25483 and 25932 Consultant Address �,.,.,. l�I�37�1=C�en�,e�n-ni�al�P-ar�k-wa-y-,S�u�ite-2�l -O-- I ® City Stale Zip Louisville, CO 80027 lnslrucllons: Complete all sections with sufficient details. lfnot applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for chan e (narrative) Additional scope of work was required to romplclc 100% design oflhc project outside of the original scope of work due to unknown conditions al the time of proposal. Otak noted lhcy did not include a cost for design work associated with those sections. Additional review with USFWS outside of the original proposal was also required. 2a Descri tion of chan e (narrative) 2b Additional cost due to increased scope of work for both the consultant and subconsultants to complete design items re la led lo floodplain modeling as well as retaining walls along the right-of-way line to avoid property acquisition. See attached request for additional services dated April 22. 2025. NO. ITEi\l NO COSTS TIME ITEM DESCRIPTION Original contract amount Change in contract costs previous change orderls # Change in contract costs this change order Adjusted contract amount Percent change to contract costs Cinforrna1ional only} Original contract 1ime Change in contract lime prevjous change orderls # Change m contract time chis change order Adjusted contract time Original completion date Flnal completion date LUKKt..1'\J ... �� COl\TRACT UNIT CURRENT ORDER CHANGE ADJUSTED OTY UNJ1 COST ITEM COST OTY ORDER AMT ITEi\lCOST ----·--·-·········--·-------------------S 203,539.00 ---------············-·--·-··-·---··-············-···•-t-,s;--�� S 95,900.00 ------······························-------------S 299,439.00 32% ··------------------------························-··-·-···,-------- -------------·····················-----···············'1- -----·--··-········----········-·------------------,--------days --------·-·--··----------------·----------·-··········t-------------········--·-----------------------------,i------date·······-----------------------···-··-··············-··----r------date -----··········-···················-········-············-----,�----- APPROVAL: This Change Order is accepted and the Contract is amended 10 conform thereto. TOWN OF ESTES PARK Approved by Project Manager Date Date Approved by Town Adminis1ra1or Date CONTRACTOR Hen Alaman Contractor signature Date Senior Vice President / Regional Director Contractor title TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR S30,000 DIRECTOR S50,000 TOWN AD�INISTRATOF SI00,000 Conies to: oroiect file, Finance Deot, Town Clerk ATTACHMENT 2 371 Centennial Parkway, Suite 210, Louisville, Colorado 80027  Phone (503) 287-6825  otak.com April 22, 2025 Trevor Wittwer, PE Public Works Department Town of Estes Park 170 MacGregor Ave Estes Park, CO 80517 Re: Fall River Trail (Final Segment) - Construction Documents Additional Services Request #1 Dear Trevor: Otak appreciates the opportunity to continue to work with the Town of Estes Park to complete the Fall River Trail. We previously provided a proposal to begin the final design phase for the Fall River Trail (Final Segment). At that time, there were a few scope items that could not be properly defined until we were able to advance the analysis and design. Those items were excluded from our original contract with the intention of providing this additional services proposal after key issues were resolved . The items excluded from the original proposal for final design services included: 1. The completion of the Floodplain Development Permit. It was unknown if potential impacts to the Fall River floodplain could be mitigated to provide a no-rise certification, or if a CLOMR would be required. Based on the results of the hydraulic modeling, we have been able to refine our trail design and grading to achieve a no-rise condition. We can now properly determine the appropriate scope and fee to complete the floodplain development permit. 2. The final design at the north end of the project, across the Evergreens and Bugle Point properties. It was unknown if we could obtain the required easements across these properties and utilize the existing planned design, or if a new design, including more extensive retaining walls would be required to avoid easement acquisition. Based on our alternative analysis and additional property owner outreach, it has been determined that we will NOT pursue the acquisition of easements. Therefore, Otak need to make adjustments to the roadway alignment and redesign the previous trail alignment and retaining walls to avoid the need for ROW acquisition. We have included a detailed fee proposal, which provides a basic description of the tasks that we anticipate will be needed to complete the additional work. Key tasks are described below. Subsurface Utility Engineering Otak’s final design scope included four (4) test holes as part of the SUE Quality Level A study. Based on the results of the Quality Level B study, it has been recommended that four (4) additional test holes be provided. The proposal for additional test holes from Goodbee and Associates is attached. USFWS Concurrence The fee proposal includes additional time for Logan Simpson to coordinate with the USF WS to obtain concurrence for the threatened and endangered species. Page 2 of 3 Floodplain Development Permit Hydraulic modeling was completed based on the proposed final design. All rises were able to be mitigated. Otak can now prepare a Floodplain Development Permit (FDP) to support the proposed design. This task will include completion of the permit form, hydraulic model, and a Hydraulic Report. The Hydraulic Report will document the hydraulic modeling completed to support the assertion of ‘no rise’. The Hydraulic Report and permit form will be stamped by a Professional Engineer, and we will coordinate the with Town of Estes Park Floodplain Administrator on the review of the submitted FDP package. Additional Plan Updates To prepare construction documents for the final segment of the Project, the following additional services will be provided: ▪ Alternative analysis at Fish Hatchery Road: Otak explored additional alternatives to avoid ROW acquisition on Evergreens and Bugel Point, including various wall, guardrail, and curb and gutter alternatives, shifting the Fish Hatchery Road roadway alignment and intersection geometry, relocating the trail to the north side of the road. The alternatives analysis also included high level cost estimates. ▪ Drainage Plans and Memorandum: Otak’s original scope of work assumed that a drainage report would not be required. However, drainage design was required based on the addition of curb and gutter and drainage inlets along Fish Hatchery Road as aa result of the revised design. Otak has also prepared a drainage memo. ▪ Path Typical Sections: Otak developed new trail typical sections for the new wall segments at STA 43+00 and across Evergreens and Bugel Point. We previously assumed we would be able use the existing 90% design and the typical sections created for Segment 1. Includes additional typical section analysis to assess water and gas conflicts at STA 43+00. ▪ Trail Plan and Profiles, Wall Plan and Elevations, Roadway Paving and Striping Plans : Our previous scope excluded design of new retaining walls at the Evergreens parcel. New retaining wall design, wall plan and elevation drawings and path plan and profile updates are required at both the Evergreens and Bugle Point parcels to avoid the need for easements. A roadway alignment shift will also be required. ▪ Wall 2 Redesign: Based upon the results of the riverbed scour analysis of Fall River adjacent to Wall 2 (STA 42+00 to STA 4+00) we have determined that the wall design in this location must be changed to be resilient to riverbed scour, eliminate extensive riprap placement and potential floodplain and wetlands impacts, reduce construction dewatering and ultimately reduce the overall project cost. The previously designed retaining walls in this area must be redesigned. Additionally, additional geotechnical design parameters will also be needed. We also expect that CDOT will require a structure selection report for this retaining wall. Bidding and Construction Assistance In addition to final design services, we will also provide the Town of Estes Park with assistance during bidding construction as outlined below: ▪ Bidding Assistance: We will assist the Town of Estes Park in answering questions from bidders during the bid process. We will also review contractor bids and prepare a bid tabulation. ▪ Services During Construction: Otak will assist Town in responding to RFIs and minor design edits. Page 3 of 3 Exclusions and Assumptions The following items are excluded from this scope of work at this time. ▪ Otak assumes that fees for the FDP will be waived or will be paid by the Town. ▪ Otak will not attend the pre-bid or pre-bid construction meetings. Questions will be relayed to Otak by the Town. ▪ Town of Estes Park or their construction management consultant will review submittals and test ing results. Otak may provide limited assistance or advise if needed. ▪ Our estimated construction assistance hours are based on limited involvement during construction with no site visits. We expect only minor design changes that do not significantly alter final design. Fee The additional services will be billed on a time and materials basis I accordance with our current contract for an estimated total of $95,900. The actual hours required may vary as the project progresses; however, Otak will work with the Town to identify and track changes in scope. Otak will not exceed the proposed fee amount without prior approval from the Town. Thank you for the opportunity to submit this proposal. Please feel free to contact me at (720) 758-7717 or scott.belonger@otak.com if you have questions or if you need additional information. I would be happy to discuss this in detail if needed. Sincerely, Scott Belonger, P.E. Otak, Inc. Attachments: Attachment A: Otak Fee Proposal Attachment B: Goodbee & Associates Scope of Work Fall River Trail (Final Segment) Amendment #1 TASK #TASK NAME TASK DETAIL PI C / S r . P M C i v i l Ci v i l E n g V I Ci v i l E n g V I I I En g D e s i g n e r I V Ci v i l E n g i n e e r X Ci v i l E n g i n e e r V I En g D e s i g n e r I I I Pr o j e c t C o o r d i n a t o r II Environ.SUE Geotech Belonger Rohan Graff Cunningham Wolff Williams Bauch Woods Logan Simpson Goodbee Kumar Otak 2025 Billing Rates $ 265 $ 182 $ 211 $ 138 $ 246 $ 182 $ 125 $ 150 1.0 FOR (Final Design)56 81 60 91 8 22 34 8 A Project Management Additional project management 8 6 3,020$ -$ 3,020$ B Subconsultant Coordination Environmental and SUE scoping, contracting, and coordination 1 1 2 747$ -$ 747$ C Meetings and Coordination Two additional meetings with Town to discuss alternatives and design issues, including prep and follow up.4 4 1,788$ -$ 1,788$ D Subsurface Utility Engineering (SUE)4 additional test holes 1 4 4 1,545$ 11,539$ 11,539$ 13,084$ E Floodplain Development Permit -$ -$ -$ Hydraulic Report and FDP Form Permit Form, Hydraulic Report, Coordination with FPA 2 2 16 24 6,680$ -$ 6,680$ Scour Analysis and Bank Stabilization Recommendations Scour calculations, rock sizing calculations, design recommendations, memo, plan additions.2 6 10 2,834$ -$ 2,834$ F Additional Design Analysis and Refinement for FOR Plans -$ -$ -$ Alternative analysis at Fish Hatchery Road 12 32 9,004$ -$ 9,004$ Drainage Plans & Memo 24 5 4 6,042$ -$ 6,042$ Path Typical Sections 2 12 2,186$ -$ 2,186$ Geotechnical design parameters Provide additional design parameters not included in 2016 report. -$ 2,500$ 2,500$ 2,500$ Structure Selection Report Prepare CDOT Structure selection report outlining wall alternatives considered and final selected alternative.4 20 5,280$ -$ 5,280$ Structure Plans Wall structural design and detailing for Wall 2 4 20 20 8,040$ -$ 8,040$ Trail Plan and Profiles, Wall Plan and Elevations, Roadway Paving and Striping Plans. 8 16 16 48 15,032$ -$ 15,032$ G Project Special Provisions Assemble wall project special provisions. 6 4 2,434$ -$ 2,434$ H QA/QC Review 6 1,590$ -$ 1,590$ I USFWS Concurrence Coordination Threatened and Endangered Species (Logan Simpson)-$ 3,000$ 3,000$ 3,000$ 2.0 Construction Documents 0 0 0 0 0 0 0 0 A Final Plans Finalize plans based on CDOT and Town comments.-$ -$ -$ B Final Cost Estimate -$ -$ -$ C Final Specifications / Bid Package -$ -$ -$ D Final QA/QC -$ -$ -$ 3.0 Bidding and Construction 19 28 0 16 0 0 0 2 A Assistance with Addendums 4 4 1,788$ -$ 1,788$ B Review bids 3 2 1,095$ -$ 1,095$ C RFIs 12 24 16 9,756$ -$ 9,756$ D Site Visits During Construction None assumed.-$ -$ -$ 75 109 60 107 8 22 34 10 19,875$ 19,838$ 12,660$ 14,766$ 1,968$ 4,004$ 4,250$ 1,500$ 78,861$ 3,000$ 11,539$ 2,500$ 17,039$ 95,900$ PHASE TOTALS 1.0 FOR (Final Design)56 81 60 91 8 22 34 8 66,222$ $ 3,000 $ 11,539 $ 2,500 17,039$ 83,261$ 2.0 Construction Documents 0 0 0 0 0 0 0 0 -$ $ - $ - $ - -$ -$ 3.0 Bidding and Construction 19 28 0 16 0 0 0 2 12,639$ $ - $ - $ - -$ 12,639$ Total 75 109 60 107 8 22 34 10 78,861$ 3,000$ 11,539$ 2,500$ 17,039$ 95,900$ Team Total Total Hours Total Amount Project Cost Worksheet Otak Total Subs Total Page 1 of 1 4/22/2025 Fall River Trail Final - Addendum Scope QLA Scope and Fee Estimate 12/11/2024 President Principal Project Manager III Project Manager II Project Manager I Designer I Administrator SUE Technician III SUE Technician II SUE Technician I Total Hrs.Total Cost (2024 Rate Sheet) $185/hr $185/hr $150/hr $140/hr $130/hr $100/hr $110/hr $130/hr $110/hr $90/hr Project Meetings (assume 1 meeting)0 $0 Monthly progress reports and invoicing. Assume 1 invoices.0 $0 Utility Test Holes (QLA): Complete test holes in the quantity noted in ODCs below. Update existing utility CAD file with test hole survey data. Prepare test hole table. 2 1 2 1 8 14 $1,840 3D Utility Model - excluded. 0 $0 Final Sealed SUE Plan 1 1 2 1 5 $650 0 0 3 2 4 2 0 8 0 0 0 0 19 SUBTOTAL LABOR DOLLARS $ - $ - $ 450 $ 280 $ 520 $ 200 $ - $ 1,040 $ - $ - $2,490 Other Direct Costs (ODC) Expense Items SUE QLA mileage 25 0.67$ 17$ SUE QLA Survey Equipment Use Fee 1 $ 50 50$ Per diem - Lodging and Meals 1 $ 197 197$ Permitting - Assumes Permit fees and Costs are Waived by Agencies, Otherwise Billed At-Cost Vendor Items SUE QLA Traffic Control (Estimated Vendor Charges)1 $ 2,000 2,000$ 4 1,650$ 6,600$ QLA Per diem - Lodging and Meals 1 197$ 197$ 9,049$ Total Estimate =11,539$ See original scope of work for assumptions and exclusions Task Description of Activities /Assumptions Project Mgmt. SUBTOTAL LABOR HOURS Final Design - SUE SUBTOTAL ODCs QLA Vacuum Excavation, restoration https://goodbeeassociates.sharepoint.com/Public/2355FALL2/00_PM/00. SOW_Proposal/QLA Additional work 20241206/2355FALL2_Goodbee_ SOW_2024-12-11\SOW All Attachment B PUBLIC WORKS To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Trevor Wittwer, PE, Civil Engineer David Greear, PE, Public Works Director Date: May 13, 2025 RE: Resolution 43-25 Contract Extension for 2025 Striping & Pavement Markings with Colorado Barricade Company - $120,431, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval of a contract extension with Colorado Barricade Company (Colorado Barricade) to perform striping and pavement marking on multiple roads in the Town of Estes Park. Present Situation: Through a competitive bid process, Colorado Barricade was awarded the striping and pavement marking contract in 2023. Colorado Barricade has a good reputation and extensive experience performing pavement marking work in Estes Park. The Town was satisfied with their work in 2020, 2022, 2023, and 2024. The 2023 contract documents included a provision that allows the Town to extend the contract for an additional three years in one-year increments. This is the second extension of that contract. Colorado Barricade has expressed their interest in extending the contract by another year and are available to continue this work in 2025. Proposal: Staff propose extending the original 2023 Colorado Barricade contract to complete the 2025 Striping & Pavement Markings. Advantages: •This contract delivers cost-effective surface treatments on multiple roads in Estes Park. •Residents expect the Town to maintain striping quality to provide safety for both vehicular users and pedestrians. Disadvantages: •Striping operations will cause temporary, brief disruptions of traffic in the proposed work areas; however, work will be scheduled to minimize disruptions. •Replacing thermoplastic crosswalks and stop lines comes with an increased cost, but longer life span. Action Recommended: Public Works staff recommend approval of the attached Contract Change Order in the amount of $120,431 to extend the contract with Colorado Barricade for 2025 Striping & Pavement Markings. Finance/Resource Impact: This project is funded from the Streets Operations & Maintenance account, which includes $123,183 for striping work in the approved 2025 budget. Level of Public Interest Public interest is expected to be low. Sample Motion: I move for approval/denial of Resolution 43-25. Attachments: 1. Resolution 43-25 2.Contract Renewal #2 – 2025 Colorado Barricade 3.Change Order #4 4.Exhibit A – Striping Overview Maps RESOLUTION 43-25 APPROVING A CONTRACT EXTENSION WITH COLORADO BARRICADE COMPANY FOR 2025 STRIPING & PAVEMENT MARKINGS WHEREAS, the Town Board wishes to enter a construction contract referenced in the title of this resolution for 2025 striping and pavement markings. 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 construction contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 LAKE ESTES HIGH PINE DR BIGTHOMPSONAVE NORTH RIDGE LN LAKE RIDGE ST DRY GULCH RD L O N E P I N E D R RAVENAVE GRAND ESTATES DRLAKEFRONTST AXELL RD MOUNTAIN VILLAGE LN RAVEN CT THEATE R W A Y B E A C H LN DEER PATH CT NORTHLAKEAVE OLYMPIAN LN RAVEN CIR RAVENCIR PRIVATEDR This draft document was prepared for internal use bytheTownofEstesPark, CO. The Tow n makes no claim astotheaccuracyorcompletenessofthedatacontainedhereon. Due to security conc erns, The Town requ ests th atyoudonotpostthisdocumentontheinternetorotherwisemakeitavailabletopersonsunknowntoyou. 0 220440Feet 1 in = 393 ft±Town of EstesParkPublicWorks ExhibitA2025Striping& Pavement Marking Black Canyon Creek Black C anyon Creek B i g T h o m p s o n R i v erFallRiver LAKEESTES W WONDERVIE W AV E BOYD LN VIRGINIA DR V I R GINIALNM A R IGOLD LN STA N L E Y C IRC LEDREELKHORNAVE COURTN E Y LN S SAIN T V R AIN A V E E W O N D E R V I E W A V E SOUTH LN SUNNYACRE SCT R O C K WELLST B I G H O R N DR ROCKRIDGERD STE A M E R P K W Y F A R V I E W D R MA C G R E G O R A V E F R E E L A ND C T O V E RLOOKCT F A L L RI V E R L N P A RKLN WELK H O R N AVE FIN D L EY CT CLEAVESTSPRUCEDR S TA NLE Y AVE CHA P I N L N ERIVERSI D E D R P RIV A T E DR E V E R G R EENLN G RANI T E L N PRIVATEDR P RIVATE D R STEAMERCT BIG T H O M P S O N A V E O L D R A N G E RDR VIS T A LN S T E AME R D R FILBEY CT M U M M Y L N BLA C K CANY O N DR NSAINTVRAINAVE O V ER L OOK LN DEVILSGULCH RD WIEST D R FAR VIEWLNJAMESST PRIVATEDR BIGBOULDERDR H O M E S T E A D E R L N P R O S P E C T O R L N CHIQUITAL N P I O N E E R L N VA L L E Y R D T W I N O W L S L N WEST L N PA NO R A M ACI R This draft document was prepared for internal use bytheTownofEstesPark, CO. The Tow n makes no claim astotheaccuracyorcompletenessofthedatacontainedhereon. Due to security conc erns, The Town requ ests th atyoudonotpostthisdocumentontheinternetorotherwisemakeitavailabletopersonsunknowntoyou. 0 440880Feet 1 in = 785 ft±Town of EstesParkPublicWorks ExhibitA2025Striping& Pavement Marking Beaver Brook B i g T h o m p s o n R i v e r D A V I S S T LO W ERBROA D V I E W IVY ST H I L L RD R I V E R S I D E D R E L M R D HI G H W A Y 36 SPRUCELAK E DR E R I V E R SIDE DR WINDY R O S E D R STRONG AV E V A L L E Y V IEW RD A U DUBONS T EVE R G R E E N S T PINE R I V E R L N CRAGS DR HIGH DR RAN GEVIE W RD BIRD CI R P A RKRI V E R P L KENWOODLN MEA D O W L N C O URTNE Y LN M O R AIN E A V E CENTER L N M A R Y S L A K E R D ROCKRIDGERD P R I V A T E DR P R O S P E R LN LARKSP U R R D PRI VAT E D R OLY MPUSRD SUNRIS E L N W I L L O W L N M I D D L E B RO A DV IE W T U RQUOIS E T R L K A C HIN A C T RANGEVIE W C T HIGHVIEW CT BRO A D V I E W RD LOTT ST MOREA U L N H I G H W AY 66 JUNIP ER LN N ARCISSUS D R H O N D IUS C I R PRIVATED R LLOYD LN WR I V E R S I DEDR H E I N Z P KWY PROSPECT PARKDR M O O N R I D G E R D P R I V A T E DR CEDAR RIDGE C I R M E ADO W C I R 36 This draft document was prepared for internal use bytheTownofEstesPark, CO. The Tow n makes no claim astotheaccuracyorcompletenessofthedatacontainedhereon. Due to security conc erns, The Town requ ests th atyoudonotpostthisdocumentontheinternetorotherwisemakeitavailabletopersonsunknowntoyou. 0 440880Feet 1 in = 785 ft±Town of EstesParkPublicWorks ExhibitA2025Striping& Pavement Marking Fish Creek Big T ho m pso n River LAKE ESTES M O C C A S I N C I R C L E D R DRIFTWOOD AVE 4TH ST S S AIN T V R AIN A V E FIR AV E S HA DY LN M ATTHEWCIREAGLE L N BIR D I E L N P R OSPE C T M O UNTAI N R D PAR L N STANLEYAVE NSAINTVRAINAVE ELKH O L L O W C T PROSPECT AVE LA N D E RS ST PONDEROSADR PRIVATE D RGRAVESAVE COMMUNITY DRBIRCH AVE L E XI NG TON LN HIGH ST ASPEN AVE P R I V A T E D R MANFORDAVE WAPITI PL BRODIE AVE S A X O N C T C O N C O RD LN FISH CREEK RD BAILEY LN E E L K H O R N A V E PEC K L N M O R G A N ST P RIVATE D R E L K R I D G E C T 3RDST 5THST COLUMBINE AVEELM AVE SOUTH CT S A I N T V RA IN L N 1STST FAWNLN S S A I N T VRA I N A V E RIDG E VIEWLN PRIVATE D R 2NDSTHIGHLANDLN DUNRAVEN ST COMANCHE ST WOODSTOCKDR PARKVI E W LN OURAYD R WAPIT I CIR U NIV E R S I T YDR S T A N L E Y C IRCL E D R This draft document was prepared for internal use bytheTownofEstesPark, CO. The Tow n makes no claim astotheaccuracyorcompletenessofthedatacontainedhereon. Due to security conc erns, The Town requ ests th atyoudonotpostthisdocumentontheinternetorotherwisemakeitavailabletopersonsunknowntoyou. 0 440880Feet 1 in = 785 ft±Town of EstesParkPublicWorks ExhibitA2025Striping& Pavement Marking Fish Creek MARYS LAKE SSAINTVRAINAVE F ISH CREEK RD J U N I P E R D R UP L A N D S CI R PROSPECT ESTA T E SDR P R O S PECT M O U NT A I N R D BROOK D R C U R R Y D R TALL P INE S D R P R O S P E C T M O U N TA IN D R DEVON DR W PEAK VIE W DR L A K E S H O R E D R AVALON D R S C O T T AVE P E A K V I E W D R M ONID A C T F AIR W A Y L NCARRIAGE DRSPRUCEAVE W OODLANDCT A X MINSTE R L N B R O O K L N VAIL C T PINE WOOD LN LONGS DR A R A P A H O RD LONGVIEW DR TW IN DR UT E CT S S H A RONCT C HEROK E E D R T RAN Q U I L L N BRISTLECONE CT UT E L N NMORRISCT PAWNEE DR HOLIDAY L N CRAGSCT DEKKER CIRWPROSPEC T M O U NTAIN DR BALD P ATE CT M A RCU S L N LA R K S P U R AV E D A R C Y D R W ILLO WLN PINE W OODDR P A WNEE LN M E E K E R D R I N D I AN TRL V I S T A VIEW ACACIA DR CHEROKEECT PINEMEADOWDR S O LOMOND R VENN E R RANCHRD BLUEBIRDLN H I G HACRES D R SUNNY M E A D LN M A R Y S L A K E R D RAN C H C I R UV7 This draft document was prepared for internal use bytheTownofEstesPark, CO. The Tow n makes no claim astotheaccuracyorcompletenessofthedatacontainedhereon. Due to security conc erns, The Town requ ests th atyoudonotpostthisdocumentontheinternetorotherwisemakeitavailabletopersonsunknowntoyou. 0 440880Feet 1 in = 785 ft±Town of EstesParkPublicWorks ExhibitA2025Striping& Pavement Marking CONTRACT CHANGE ORDER NO. Date 3/27/2025 Submitted by Trevor Wittwer Project name 2025 Stripmg & Pavement Markings Project# _________________ _ 4 Co ntractor Address City State Zip Colorado Barricade Company 2295 S. Lipan Street Denver. CO 80223 Instructions: Complete all sections with sufficient details. If not applicable insert "NA" Expand narrative space or attach additional pages as needed. I Reason for chan e (narrnLive) A Adding 2025 Striping & Pavement Mnrkmgs qunntil es. B Provide contract extension time to complete 2025 work. 2a Descri lion of chanoe (narrauve) A Insert 1015 program qu�111ities and unit costs at the previously established unit costs, or at fair and negotiated 1015 unit costs, as agreed upon by Contractor and Owner. 8 1l1e Town mtcnds to e.'<ercise i.ts o tion to e:-1end th� Colorado Barricade co111r�c1 for another vc.1r_ d"us1 con1rnc1 time 10 allo, for corn lctiou of the 2025 to!!ram. '.!b NO. ITEM NO. 202-00250 627-00011 627-00011 627-00011 627-00011 627-30205 627-30210 630-80511 626-00000 COSTS TIME CURREN, CONTRACT ITEM DESCRIPTION Removal of Pavement Markings Pavement Mkg Paint (Wateroorne)(Yellow) Pavement Mkg Paint (Waterborne)(White) Curb Mkg Paint (Waterborne)(Yellow) Curb Mkg Paint (Waterborne)(Red) Thermoplastic Pavement Marking (Word-Symbol) Thermoplastic Pavement Marking (Xwalk-Stopline) T raffle Control Mobilization Orie:inal contra L amount (20�3) Chang<! m contract costs orevrous clmnge orders (202�) Ad1usted contract amoum (_02.J Fin�I) Change 1n co1ur:ict costs 1h1s chanl!e order Adju led contract amount (2025 Original) Original Com1>le1ion dat" 120231 Change 111 contract tune prevmus change orders 120'.!�I QTY 1110 555 271 970 5389 48 1062 I I BID UNIT CURRENT UNIT COST ITEM COST SF $2.00 $2,220.00 GAL $70 00 $38.850.00 GAL $70.00 $18.970.00 LF $4.00 $3,880.00 LF $400 $21.556.00 SF $25.00 $1.200 00 SF $1000 $10.620.00 LS $1.500.00 $1.500.00 LS $12.304.00 $12.304.00 Adjusted comrac1 time _--Original completion dm� -------------- Final Completion dale (2025) APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto TOWN OF ESTE� PAJK � t,/� Date �� c.o.C.O. ADJUSTED QTY AMT ITEM COST 0 $0.00 $0 00 412 $73.50 $30.282.00 184 $73.50 $13.524 00 1518 $-U0 $6,375.60 5787 $420 $24.305 40 372 $26.00 $9.672 00 2064 $10.50 $21,672 00 I $1.600.00 $1.600 00 I $13,000 00 $13.000.00 $120,431.00 $99,500.00 $ 11.600 00 $111.100.00 $9.331 00 S 120,431.00 6/16/2023 date 5/2-1/2024 date date date 6/27 /2025 date It Date Date ay;, uhee of C-"'Ll±,,-,.,d·-,:n � Contmc1or title Date Approved by Town Administrator Date Approved by Mayor/ Board Date Page l of I TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEER[NG MGR $30.000 DIRECTOR $50,000 T ADMINISTRATOR $100.000 MA \"OR/ BOARD >$ I 00.000 Copies to: proiecl file. Finance Dept. Town Clerk Signature appropnate to authonty level only required ATTACHMENT 3 LAKE ESTES HIGH PINE DR BIGTHOMPSONAVE NORTH RIDGE LN LAKE RIDGE ST DR Y G U L C H R D LONE PINE DR RAVE N A V E GR A N D E S T A T E S D R LAKEFRONTST AXELL RD MOUNTAIN VILLAGE LN RAVEN CT THEATERWAY BEACH LN DE E R P A T H C T NORTHLAKEAVE OLYMPIAN LN RAVEN CIR RAVENCIR PRIVATEDR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 220 440Feet 1 in = 393 ft±Town of Estes ParkPublic Works Exhibit A2025 Striping& Pavement Marking ATTACHMENT 4 Bla c k C a n y o n C r e e k Blac k C a n y o n C r e e k Big Thomps o n R i v e r Fall River LAKEESTES W WONDERVIEW AVE BOYD LN VIRGINIA DR VIRGINIALN MARIGOLD LN STANLEYCIRCLEDREELKHORNAVE COURTNEY LN SSAINTVRAINAVE E WONDERVIEW AVE SOUTH LN SUNNYACRESCT ROCKWELLST BIG HORN DR ROCKRIDGERD STEAMERPKWY FAR VIEW DR MACGREGOR AVE FREELAND CT OVERLOOKCT FALL RIVER LN PARKLN WELKHORNAVE FINDLEY CT CLEAVE STSPRUCEDR S TA NLE Y AVE CHAPINLN ERIVERSIDEDR PRIVATE DR EVERGREENLN GRANITE LN PRIVATEDR PRIV A T E D R STEAMERCT BIGTHOMPSONAVE OLDRANGERDR VISTALN STEAMERDR FILBEY CT MUMMYLN BLACK CANYON DR NSAINTVRAINAVE OVERLOOK LN DEVILS GULCH RD WIESTDR FAR VIEW LNJAMESST PRIVATE D R BIGBOULDERDR HOMESTEADER LN PROSPECTOR LN CHIQUITALN PIONEERLN VALLEY RD TWINOWLSLN W EST LN PANORAMACIR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 440 880Feet 1 in = 785 ft±Town of Estes ParkPublic Works Exhibit A2025 Striping& Pavement Marking Beaver Brook Big Thompson River DAVIS ST LOWERBROADVIEW IVY ST HILL RD RIVERSIDEDR ELM RD HIGHWAY36 SPRUCELAKE DR E RIVERSIDE DR WINDYROSEDR STRONG AVE VALLEY VIEW RD AUDUBONST EVERGREENST PINERIVERLN CRAGS DR HIGH DR RANGEVIEWRD BIRDCIR PARKRIVERPL KENWOODLN MEADOWLN COURTNEY LN MORAINEAVE CENTER LN MARYSLAKERD ROCKRIDGERD PRIVATE DR PROSPER LN LARKSPURRD PRIVATEDR OLYMPUSRD SUNRISELN WILLOW LN MIDDLE BROADVIEW TURQUOISETRL KACHINACT RANGEVIEWCT HIGHVIEWCT BROADVIEW RD LOTT ST MOREAULN HIGHWAY 66 JUNIPER LN NARCISSUSDR HONDIUS CIR PRIVATEDR LLOYD LN WRIVERSIDE DR HEINZ PKWY PROSPECT PARKDR MOONRIDGERD PRIVATEDR CEDARRIDGE CIR MEADOW CIR £¤36 This draft document was prepared for internal use by theTown of Estes Park, CO. The Tow n makes no claim as tothe accu racy or completeness of th e data contained h ereon. Due to security conc erns, The Town requ ests th at youdo not post th is document on the internet or otherwisemake it availab le to persons u nknow n to you. 0 440 880Feet 1 in = 785 ft±Town o f Estes ParkPublic Works Exhibit A2025 Striping& Pavement Marking Fish Creek Big Thompson River LAKE ESTES MOCCASIN CIRCLEDR DRIFTWOOD AVE 4THST SSAINTVRAINAVE FIR AVE SHADY LN MATTHEWCIREAGLELN BIRDIELN PROSPECTMOUNTAIN RD PAR LN STANLEYAVE N SAINT VRAIN AVE ELKHOLLOWCT PROSPECT AVE LANDERS ST PONDEROSADR PRIVATE DR GRAVES AVE COM MUNITY DRBIRCH AVE LEXINGTON LN HIGH ST ASPE N AV E PRIVATE DR MANFORDAVE WAPITI PL BRODIE AVE SAXON CT CONCORD LN FISH CREEK RD BAILEY LN EELKHORNAVE PECKLN MORGAN ST PRIVATE DR ELK RIDGECT 3RD ST 5THST COLUMBINE AVE ELM AVE SOUTH CT SAINT VRAINLN 1STST FAWNLN SSAINTVRAINAVE RIDGEVIEWLN PRIVATE DR 2NDST HIGHLAND LN DUNRAVEN ST COMANCHE ST WOODSTOCKDR PARK VIEW LN OURAYDR W APITICIR UNIVERSITYDR STANLEYCIRCLE DR This draft document was prepared for internal use by theTown of Estes Park, CO. The Tow n makes no claim as tothe accu racy or completeness of th e data contained h ereon. Due to security conc erns, The Town requ ests th at youdo not post th is document on the internet or otherwisemake it availab le to persons u nknow n to you. 0 440 880Feet 1 in = 785 ft±Town o f Estes ParkPublic Works Exhibit A2025 Striping& Pavement Marking Fi s h C r e e k MARYS LAKE SSAINTVRAINAVE FISH CREEK RD JUNIPERDR UPLANDS CIR PROSPECT ESTATESDR PROSPECTMOUNTAIN RD BROOK DR CURRYDR TALL P INE S DR PROSPECTMOUNTAINDR DEVON DR WPEAKVIEWDR LAKESHOREDR AV A L O N D R SCOTT AVE PEAK VIEW DR MONIDA CT FAI R W A Y L N CA R R I A G E D R SPRUCEAVE W OODLAND CT AXMINSTER LN BROOK LN VAIL CT PINE W OOD LN LONGS DR ARAPAHORD LONGVIEWDR TWIN DR UTE CT SSHARONCT CHEROKEEDR TRANQUILLN BRISTLECONE CT UTELN NMORRISCT PAW N E E D R HOLIDAYLN CRAGSCT DEKKER CIRWPROSPECTMOUNTAINDR BALDPATE CT MARCUS LN LAR K S P U R A V E DARCYDR W I L L O WLN PINEWOODDR PAW NEE LN MEEKER D R INDIAN TRL VISTA VIEW ACACIA DR CHEROKEECT PINEMEADOWDR SOLOMONDR VENNERRANCHRD BLUEBIRDLN HIGHACRESDR SUNNY MEAD LN MARYS LAKE RD RANCHCIR UV7 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 440 880Feet 1 in = 785 ft±Town of Estes ParkPublic Works Exhibit A2025 Striping& Pavement Marking INTERNAL SERVICES To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Derek Pastor, PMP, Project Manager Date: May 13, 2025 RE: Resolution 44-25 Change Order for the Construction Contract with NoCo Commercial, LLC for the Town Hall Variable Flow Refrigerant (VRF) Systems Replacement $421,980.88, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Staff seeks approval from the Town Board for the Change Order #1 ($5,896.00) of the Construction Contract with NoCo Commercial, LLC for the Town Hall Variable Flow Refrigerant (VRF) Systems Replacement. Present Situation: This project was presented to the Town Board and approved on December 10, 2024. The project began in March 2025. 39 existing VRF units will be replaced with new, high-efficiency heating and cooling units. During preliminary work in the Town Clerk / Human Resources area, two issues were identified stemming from the original use of that space before it was redesigned to accommodate the Town Clerk and Human Resources staff. The currently oversized VRF unit needs to be reconfigured to meet the HVAC needs of the multiple offices in the area. This change order will address/correct both issues by installing the correct sized VRF unit and installation of a new unit in the Town Clerk/ Human Resources office area. Advantages: •The new models are highly energy-efficient units with both heating and cooling components included •Reduction in electricity usage and costs •Simplified operation and maintenance due to uniformity of equipment – one manufacturer, four models •Alignment with the Town’s green initiative for energy-conscious decision making Disadvantages: •This VRF replacement project is expensive based on the equipment and labor. However, the funds for this change order have been identified from surplus funds from other completed projects that were completed under budget. •There will be disruption to individual office spaces while work is being performed; however, this will be mitigated/minimized by proactive communication about the work schedule and duration. Action Recommended: Staff recommends the Town Board approve the attached Change Order #1 of the Construction Contract with NoCo Commercial, LLC for the Town Hall Variable Flow Refrigerant (VRF) Systems Replacement in the amount of $5,896 (bringing the total contract amount to $421,980.88). Upon approval, the contractor can order the materials and equipment to have this project completed by June 2025. Finance/Resource Impact: The current construction contract is in the amount of $416,084.88. This additional change order is for $5,896.00, bringing the contract total to $421,980.88 (+1% increase). Per Resolution 88-24, approved on December 10, 2024, Town staff was authorized to spend up to $420,337 for work related to this project. As the new contract with this change order exceeds that amount ($1,643.88), Town Board approval for this additional work is required. The Town Board approved this Capital Improvement Plan project for previously budgeted $420,337 for this project. Project Code: ACUNIT; Account Number: 204-5400- 544-33-31. The revised contract amount for this project is $421,980.88. Additional funds for this have been identified surplus from other completed Capital Improvement Projects. Future Ongoing Impacts: After the two (2) year warranty period for labor and equipment by the contractor, the Facilities Department will coordinate any maintenance or repairs as part of the General Fund operating budget. Level of Public Interest The level of public interest for this project is considered to be low. Sample Motion: I move for the approval/denial of Resolution 44-25 Attachments: 1. Resolution 44-25 2.Town Hall VRF Systems Replacement Change Order #1. 3.Town Hall VRF Systems Replacement Construction Contract with NoCo Commercial, LLC. 4.Resolution 88-24 RESOLUTION 44-25 APPROVING A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH NOCO COMMERCIAL, LLC FOR VARIABLE FLOW REFRIGERANT (VRF) AIR SYSTEMS REPLACEMENT WHEREAS, the Town Board wishes to approve a change order for the construction contract referenced in the title of this resolution. 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 change order referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 RESOLUTION 88-24 APPROVING A CONTRACT WITH NORTHERN COLORADO ENERGY SOLUTIONS NOCO COMMERCIAL, LLC) FOR THE REPLACEMENT OF THE TOWN HALL VARIABLE REFRIGERANT FLOW (VRF) AIR CONDITIONING UNITS WHEREAS, the Town Board wishes to enter into a construction contract referenced in the title of this resolution for Town Hall air conditioning unit replacements. 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 construction contract referenced in the title of this resolution in substantially the form now before the Board, and further authorizes the Internal Services Director or designee to pay NOCO Commercial, LLC up to a total amount of $420,337 under the contract if needed to address unanticipated conditions encountered during construction. DATED this 10TH day of DECEMBER, 2024. TOWN OF ESTES PARK Mayor ATTEST: s_»^ ^i^_C_S2_o T/^/n Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 4 INTERNAL SERVICES To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Derek Pastor, PMP, Project Manager Date: May 13, 2025 RE: Resolution 45-25 Construction Contract with TCC Corporation for the Town Hall Finance Department Remodel (170 MacGregor Ave) $295,208, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Staff seeks approval from the Town Board for the construction contract with TCC Corporation (TCC) for the Town Hall Finance Department Remodel at 170 MacGregor Ave. Present Situation: The Finance Department – the offices of which are located within Town Hall - serves the public by processing utility bill payments and addressing general questions or concerns of Town Hall visitors, and serves the organization by processing payroll, and managing various accounts payables/accounts receivables. Originally funded in the Town’s Fiscal Year 2024 Capital Improvement Plan (CIP), the primary purpose of this project is to locate the Town Hall reception and utility payment location in a more central location within the building. The remodel is also intended to create a more efficient use of the existing space, maximize options for future growth within the footprint, and maximize security of the utility bill payment function. After four weeks of advertising a bid through a competitive procurement process, 12 bids were received and opened on March 21, 2025, with 17 attendees present at the pre-bid meeting. The summary of bid results and rankings is attached. Proposal: Staff recommends approval of the construction contract with TCC for the Town Hall Finance remodel. The proposed construction cost is below project budget approved within the CIP. Although this contractor is not the lowest bid, the recommendation to select TCC is based on the duration of construction for this project compared to the alternate low bidder. This project will have high visibility with the public and significant impact on the staff based on the duration of construction. The TCC bid included a project completion within 84 days, as compared to 121 days from the second contractor (37 days longer). The financial impact of awarding this project to TCC is less than 5% (+ $13,000) compared to the alternate low bidder. This project will be managed by the Public Works Project Manager with daily status updates and weekly inspections for the duration of the project. Advantages: •The project will result in a reception area centrally located within Town Hall where visitors can be greeted and directed thereby maximizing the overall visitor experience. •Updated office space(s) for staff efficiency and effectiveness. •Increased convenience and accessibility for Town Hall visitors. Disadvantages: •Construction will occur during regular business hours with the following measures in place: o A designated construction zone work area separating the construction from public access while allowing safe passage through the main hallways for visitors and staff. o Construction will be in 2-phases allowing the transactional windows to remain open throughout the entirety of the project to ensure continuation of daily on-site public transactions. o To continue their daily functions, Finance staff will be temporarily relocated within Town Hall. Action Recommended: Staff recommends Board approval of a construction contract with TCC Corporation. This amount is within the Board approved CIP Finance remodel budget. Upon approval, the contractor can begin ordering the materials and equipment to have this project completed by October 2025. Finance/Resource Impact: The Town Board previously approved a budget of $370,000 in the CIP for this project. The construction contract of $295,208 is within the approved project budget and balance following design costs. Project Code: THRECD; Account Number: 204-5400- 544-32-22. Future Ongoing Impacts: After the two-year warranty period for labor and equipment by the contractor, the Facilities Department will coordinate any maintenance or repairs as part of the General Fund operating budget. Level of Public Interest There is public interest for this project due to ensuring the proper maintenance of Town assets, as well as the volume of pedestrian traffic from visitors, residents, and business within Town Hall. Sample Motion: I move for the approval/denial of Resolution 45-25. Attachments: 1. Resolution 45-25 2.Town Hall Finance Remodel Construction Contract with TCC Corporation. 3.Town Hall Finance Remodel Bid Results and Rankings. 4.Town Hall Finance Architectural drawings. RESOLUTION 45-25 APPROVING A CONSTRUCTION CONTRACT WITH TCC CORPORATION FOR THE TOWN HALL FINANCE DEPARTMENT REMODEL WHEREAS, the Town Board wishes to enter into a construction contract referenced in the title of this resolution for the remodel of the Town Hall Finance Department. 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 construction contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 Town of Estes Park Proposal Summary Project: Town Hall Finance Remodel Date: March 28, 2025 Project Budget:354,000 Vendor Ranking Based on Based Bid Proposal Cost Ranking Based on Project Duration Cumulative Ranking Based on Qualifications, Experiences, References, Proposal Cost and Duration Base Bid Amount Base Bid + Alternates Base Bid Amount % to Budget Project Duration (days) TCC Corp 2 2 1 $286,166.00 $311,551.00 81% 84 Poudre Construction 1 7 2 $275,330.00 $307,970.00 78% 121 SCS, Inc 3 6 3 $315,355.00 $336,111.00 89% 115 LSE Builders 5 4 4 $333,415.76 $357,940.76 94% 95 DS Contractors 9 1 5 $371,608.00 $406,768.00 105% 50 Golden Triangle Construction 6 5 6 $341,034.00 $369,244.00 96% 100 Ranack Construction 8 3 7 $361,068.86 $385,797.86 102% 90 Sentinel / Touchstone 11 12 8 $397,015.00 $448,439.00 112% 48 G2 Contractors 4 9 9 $321,400.00 $363,300.00 91% 150 KR Construction 7 8 10 $343,072.54 $381,173.06 97% 137 Whitestone Construction 10 10 11 $374,474.00 $429,548.00 106% 160 Growling Bear 12 11 12 $398,534.00 $458,079.00 113% 138 Average Cost Average Duration $343,206.10 107 ATTACHMENT 3 Current layout ATTACHMENT 4 New layout INTERNAL SERVICES To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Derek Pastor, PMP, Project Manager Date: May 13, 2025 RE: Resolution 46-25 Contract with TCC Corporation for the Street Division Maintenance Shop Restrooms Remodel (575 Elm Road) $178,322, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Staff seek Town Board approval for the construction contract with TCC Corporation (TCC), for the remodel and renovation of the Street Division Maintenance Shop Restrooms located at 575 Elm Road. Present Situation: The staff restrooms at the Street Maintenance Shop, which are well beyond their life cycle, require remodeling/renovation to increase capacity, update the unisex bathroom, and bring all restroom facilities in that area current with Americans with Disabilities Act (ADA) requirements. Fixtures such as toilets, sinks, and urinals are outdated, inefficient, and prone to frequent malfunctions, resulting in increased maintenance expenses. The restrooms are difficult to keep clean due to worn-out surfaces and fixtures that are prone to dirt accumulation. The remodel is expected to result in efficient maintenance and operation costs. Work will involve removing/ relocating walls; relocating existing plumbing fixtures and adding new ones; and remodeling the staff breakroom kitchenette area with new wall configurations, cabinets, countertops, and fixtures. After four weeks of advertising, 11 bids were received and opened on March 21, 2025, with 17 attendees present at the pre-bid meeting. Attached is the summary of bid results and rankings. Proposal: Staff recommends approval of the construction agreement with TCC for the remodel and renovation of the Street Division Maintenance Shop Restrooms. The proposed construction cost is within the Town Board approved Capital Improvement Project (CIP) budget. Upon approval, the contractor can begin ordering the materials and equipment to have this project completed by August 2025. This project will be managed by the Public Works Project Manager with daily status updates and weekly (minimum) inspections for the duration of the project. Advantages: •Modern Fixtures: New fixtures that are easy to clean and maintain reduce the risk of hygiene-related issues. •Increased capacity and efficiency. •Durability: Using high-quality, durable materials and fixtures reduces the need for frequent repairs and replacements, saving money over time. •Energy and Water Efficiency: Installing efficient lighting, plumbing, and hand dryers lowers utility costs and promotes environmental sustainability. Disadvantages: •Expense: Remodeling can be costly, involving significant upfront investment in materials, labor, and possible design fees. However, this project is below the approved CIP budget. •Closure During Renovation: The restrooms will need to be closed during the remodeling process, causing inconvenience to staff who rely on these facilities. However, other restroom facilities are available in adjacent buildings, and the contractors will be providing portable toilets for the duration of this project. Action Recommended: Staff recommends Town Board approval of a construction contract with TCC Corporation Finance/Resource Impact: The previously Town Board approved budgeted was $299,000 for this project. Project Code: STSHOP; Account Number: 204-5400-544-32-22. The construction contract amount for this project - $178,322 - is within the approved budget following design expenses. Future Ongoing Impacts: After the two (2) year warranty period for labor and equipment by the contractor, the Facilities Division will coordinate any maintenance or repairs as part of the General Fund operating budget. Level of Public Interest While this Town facility is not public-facing and restrooms are for staff-use only, there is public interest for this project due to ensuring proper maintenance of Town assets. Sample Motion: I move for the approval/denial of Resolution 46-25. Attachments: 1. Resolution 46-25 2. Street Division Maintenance Shop Restrooms Remodel Construction Contract with TCC Corporation. 3. Street Division Maintenance Shop Restrooms Remodel Bid Results and Rankings. 4. Street Division Maintenance Shop Restrooms Architect Drawings. RESOLUTION 46-25 APPROVING A CONSTRUCTION CONTRACT WITH TCC CORPORATION FOR THE STREET DIVISION MAINTENANCE SHOP RESTROOMS REMODEL WHEREAS, the Town Board wishes to enter into a construction contract referenced in the title of this resolution for the remodel and renovation of the Street Division Maintenance Shop Restrooms. 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 construction contract referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 Town of Estes Park Proposal Summary Project: Street Division Maintenance Shop Restrooms Remodel Date: March 28, 2025 Project Budget:$220,000 Vendor Ranking Based on Base Bid Proposal Cost Ranking Based on Project Duration Cumulative Ranking Based on Qualifications, Experiences, References, Proposal Cost and Duration Base Bid Amount Base Bid + Alternates Base Bid Amount % to Budget Project Duration (days) TCC Corp 1 4 1 $169,121.00 $178,322.00 77%63 Poudre Construction 3 5 2 $186,450.00 $194,750.00 85%71 Ranack Construction 5 2 3 $212,657.82 $222,157.82 97%45 Sentinel / Touchstone 4 1 4 $209,113.00 $215,009.00 95%34 LSE Builders 2 9 5 $182,375.78 $188,976.78 83%85 DS Contractors 10 3 6 $239,390.00 $247,597.00 109%51 SCS, Inc 7 7 7 $214,164.00 $229,285.00 97%75 Whitestone Construction 6 11 8 $213,312.00 $231,787.00 97%120 Classic Contractors 11 6 9 $275,454.00 $275,454.00 125%70 KR Construction 9 8 10 $237,342.76 $260,979.21 108%82 Growling Bear 8 10 11 $232,505.00 $238,972.00 106%107 Average Cost Average Duration $215,625.94 73 ATTACHMENT 3 Current Layout New Layout ATTACHMENT 4 PUBLIC WORKS 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: May 13, 2025 RE: Resolution 47-25 Intergovernmental Agreement with CDOT for 2025 "Bustang to Estes" Transit Service. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff seek Town Board approval of an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for 2025 Bustang to Estes service. Present Situation: Bustang is CDOT’s Interregional Express bus service that connects commuters along the I-25 Front Range and I-70 Mountain Corridors. By linking urban and rural transit systems, Bustang responds to demand from the traveling public to have a reliable transit alternative along the highest traveled corridors in the state.1 In 2019, the Town, CDOT and Rocky Mountain National Park (RMNP) partnered to pilot six weekends (13 days) of Bustang service from Denver Union Station to Estes Park, with two stops along US 36 on the south side of Boulder. The 2019 pilot was developed to help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. The pilot also supported CDOT’s goals to improve safety, mobility, access, and rural connectivity to transit services. Bustang to Estes service expanded in 2021 to include a stop in Lyons, and in 2022 to include direct access to RMNP’s Bear Lake Park-n-Ride. Service continued with no significant changes in 2023 and 2024. Beginning May 23, Bustang to Estes will operate forty-one (41) days of 2025 service consisting of Saturdays and Sundays for 38 weekend days through Sunday, September 1 Source: RideBustang.com 28, plus three holidays (Memorial Day, May 26; Juneteenth, June 19; and Labor Day, September 1). Service will originate at Denver Union Station and terminate within RMNP at the Bear Lake Road Park-n-Ride, with intermediate stops at Regional Transportation District (RTD) US 36 and Sheridan Station in Westminster; US 36 and Broomfield Station; Boulder Junction at Depot Square Station in Boulder; the Town of Lyons Park-n-Ride; and the Estes Park Visitor Center. A roundtrip ticket will cost $15.00 per passenger, with discounts available for youth, college students and seniors. All Bustang buses are fully wheelchair accessible. Proposal: Public Works staff recommend that the Town Board approve the IGA with CDOT for 2025 Bustang to Estes service. Advantages: •Help address the intense traffic and parking congestion that both the Town and RMNP experience during the peak summer and fall seasons. •Provide an affordable transportation option connecting Estes Park to the Front Range, Denver Metro, and Denver International Airport. •Demonstrates the Town’s commitment to continued and expanded partnership with CDOT; RMNP; and regional partners like Boulder County, the cities of Broomfield, Westminster, and Boulder, and the Town of Lyons. Disadvantages: •The Bustang vehicles could occupy parking spaces at the Visitor Center during busy summer weekends; however, Town staff are working with Ace Coaches to park Bustang at the Estes Park Events Complex whenever the vehicles are not parked at the RMNP Bear Lake Park-n-Ride, the first option for the vehicle. Action Recommended: Approval of Resolution 47-25. Finance/Resource Impact: There is no identified impact to the Town budget in 2025. CDOT intends to pay for Bustang to Estes service with fare-box revenue and state funds through SB 09-108 (FASTER). Level of Public Interest The level of public interest is low to moderate. Sample Motion: I move for the approval/denial of Resolution 47-25. Attachments 1. Resolution 47-25 2.IGA with CDOT for 2025 Bustang to Estes Service. RESOLUTION 47-25 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORATION FOR 2025 BUSTANG TO ESTES SERVICE WHEREAS, the Town Board wishes to enter an intergovernmental agreement referenced in the title of this resolution for the purpose of allowing CDOT’s operation of 40 days of 2025 Bustang to Estes service; and WHEREAS, CDOT will operate Bustang commuter services for two roundtrips each day of operation, originating from the Denver Union Station in downtown Denver, CO, with stops at US 36 & Sheridan Station, US 36 & Broomfield Station, Boulder Junction at Depot Square Station, US 36 & Lyons Park-n-Ride, the Estes Park Visitor Center, and Rocky Mountain National Park Bear Lake Park-n-Ride; and WHEREAS, CDOT will fund all aspects of the Bustang to Estes in 2025; and WHEREAS, the Town desires to support CDOT’s state goals to improve safety, mobility, access, and rural connectivity to transit services. 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 , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Contract Number: 25-HAA-XC-00040 Page 1 of 2 Version 12.1.2024 STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT Cover Page State Agency Department Of Transportation Town/Local Agency Town Of Estes Park Contract Number 25-HAA-XC-00040 Contract Performance Beginning Date The Effective Date Contract Expiration Date December 31, 2025 Contract Maximum Amount Total for All State Fiscal Years: $0.00 THIS IS A NON-FUNDS ENCUMBERING INTERGOVERNMENTAL AGREEMENT Contract Authority C.R.S. §29-1-203 allows governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units. C.R.S. §24-101- 105(1)(a)(II) exempts from the procurement code agreements with other governmental agencies. Contract Purpose This Intergovernmental Agreement delineates the Department of Transportation’s and Town of Estes Park’s responsibilities regarding a project to provide limited transit commuter services between Denver and Estes Park. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Contract: 1.Exhibit A – Statement of Work In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Colorado Special Provisions in §8 of the main body of this Contract 2. The provisions of the other sections of the main body of this Contract 3.Exhibit A – Statement of Work Principal Representatives For the State: Brian Pokorny, Project Manager CDOT- Division of Transit and Rails (DTR) 2829 W. Howard Place Denver, CO 80204 (720)990-0095 brian.pokorny@state.co.us For Town/Local Agency: Dana Klein, Parking and Transit Manager Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 (970)577-3957 dklein@estes.org ATTACHMENT 2 Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Contract Number: 25-HAA-XC-00040 Page 2 of 2 Version 12.1.2024 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature. TOWN/LOCAL AGENCY Town of Estes Park (First to sign) By: Daniel Kramer, Town Attorney Date: __________________ TOWN/LOCAL AGENCY Town of Estes Park (Second to sign) By: Jackie Williamson, Town Clerk Date: __________________ TOWN/LOCAL AGENCY Town of Estes Park (Third to sign) By: Gary Hall, Mayor Date: __________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By: Keith Stefanik, P. E., Chief Engineer Effective Date: __________________ In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated above by the State Controller or an authorized delegate. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 1 of 7 1. PARTIES This Contract is entered into by and between Town/Local Agency named on the Cover Page for this Contract (the “Town/Local Agency”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Contract (the “State”). Town/Local Agency and the State agree to the terms and conditions in this Contract. 2. TERM AND EFFECTIVE DATE A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Town/Local Agency for any Work performed or expense incurred before the Effective Date or after the expiration or sooner termination of this Contract. B. Initial Term The Parties’ respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Cover Page for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Contract. C. End of Term Extension If this Contract approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Town/Local Agency as provided in §6, 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 Contract 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 contract or modification extending the total term of this Contract. D. Termination for Cause If, through any cause, either Party shall fail to fulfill its obligations under this Agreement, or if either Party shall violate any of the covenants, agreements, or stipulations of this Agreement, either Party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the other Party of its intent to terminate and giving at least three (3) days opportunity to cure the default or show cause why termination is otherwise not appropriate. 3. STATEMENT OF WORK Town/Local Agency shall perform as described in this Contract and in accordance with the provisions of Exhibit A. 4. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Town/Local Agency 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 Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 2 of 7 Town/Local Agency under this Contract. Such a conflict of interest would arise when a Town/Local Agency 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 Contract. B. Apparent Conflicts of Interest Town/Local Agency acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Town/Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Town/Local Agency ’s obligations under this Contract. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Town/Local Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Town/Local Agency 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 Contract. D. Town/Local Agency acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Town/Local Agency further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Contract. 5. DISPUTE RESOLUTION Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his/her duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 6. NOTICES AND REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Contract shall be the principal representative of the designating Party. All notices required or permitted to be given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 3 of 7 email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Contract. 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 Contract. 7. GENERAL PROVISIONS A. Assignment Town/Local Agency ’s rights and obligations under this Contract 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 Town/Local Agency ’s rights and obligations approved by the State shall be subject to the provisions of this Contract. B. Subcontracts/Sub-Local Agencies Town/Local Agency shall not enter into any subcontract in connection with its obligations under this Contract without the prior, written approval of the State. Town/Local Agency shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Town/Local Agency in connection with this Contract 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 Contract. The State understands that the Local Agency may intend to perform some, or all of the services required under this Agreement through a Sub-local Agency. The Local Agency agrees not to assign rights or delegate duties under this Agreement or subcontract any part of the performance required under the Agreement without the express, written consent of the State, which shall not be unreasonably withheld. C. Binding Effect Except as otherwise provided in §7.A, all provisions of this Contract, 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 Contract and the performance of such Party’s obligations have been duly authorized. The Town/Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the Local Agency to its terms. The person(s) executing this Agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Agreement. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 4 of 7 E. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract 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 Contract 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 Contract 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 Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract 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 Contract by reference. I. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. This Agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this Agreement shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. Either party may suggest renegotiation of the terms of this Agreement, provided that the Agreement shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the Parties agree to change the provisions of this Agreement, the renegotiated terms shall not be effective until this Agreement is amended/modified accordingly in writing. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 5 of 7 Any reference in this Contract 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 Contract. K. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of this Contract. L. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of this Contract and shall be enforceable by the other Party. M. 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 Town/Local Agency. Town/Local Agency shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Town/Local Agency may wish to have in place in connection with this Contract. N. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §7.A, this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract 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 Contract are incidental to this Contract, and do not create any rights for such third parties. O. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Contract, 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. P. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. Q. Standard and Manner of Performance Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 6 of 7 Town/Local Agency shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Town/Local Agency ’s industry, trade, or profession. R. Licenses, Permits, and Other Authorizations. Town/Local Agency shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. 8. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5- 102(2.6), C.R.S.; then this Contract 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 Contract 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 TOWN/LOCAL AGENCY. Town/Local Agency shall perform its duties hereunder as an independent Town/Local Agency and not as an employee. Neither Town/Local Agency nor any agent or employee of Town/Local Agency shall be deemed to be an agent or employee of the State. Town/Local Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Town/Local Agency 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 Town/Local Agency or any of its agents or employees. Town/Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Town/Local Agency shall (i) provide and keep in force workers' compensation and unemployment compensation Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Page 7 of 7 insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Town/Local Agency 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 Contract. 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 Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Town/Local Agency harmless; requires the State to agree to binding arbitration; limits Town/Local Agency ’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 Contract 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 Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Town/Local Agency hereby certifies and warrants that, during the term of this Contract and any extensions, Town/Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Town/Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract 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 Contract. Town/Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Town/Local Agency ’s services and Town/Local Agency shall not employ any person having such known interests. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Exhibit A Page 1 of 4 EXHIBIT A, STATEMENT OF WORK This Exhibit A – Statement of Work is part of that certain Contract #25-HAA-XC-00040 by and between the Town of Estes Park (“Contractor” or “Town”), and the State of Colorado acting by and through the Colorado Department of Transportation (“State” or “CDOT”). This exhibit documents the Services to be performed by Local Agency, including the Deliverables, the responsibility of the Parties, and how a project will generally be managed. In the event of a conflict or inconsistency between the Contract and its exhibits and attachments, such conflict or inconsistency shall be resolved in the manner specified on the Cover Page of the main body of the Contract. Any references to defined terms that are not specifically defined herein shall have the same meaning as those set forth in the Contract and its exhibits. 1. DEFINITIONS The following list of terms shall be construed and interpreted as follows: A. “Ace” or “Ace Express” means Ace Express Coaches, LLC, the State’s contracted operator for the Bustang to Estes commuter services. B. “Deliverable” means any tangible or intangible object produced by Contractor as a result of the Work that is intended to be delivered to the State, regardless of whether the object is specifically described or otherwise identified as a “Deliverable.” C. “Bustang to Estes” means the limited seasonal recreational transportation service described in Section 2.A and Section 2.B of this Exhibit A. D. “Force Majeure” means if CDOT is prohibited or prevented, directly or indirectly, from performing any of its obligations under this Contract by reason of weather-related issues, avalanche, fire or other casualty, act of God, war, riot, strike, intervention by civil or military government authorities, orders of the judiciary, or any other cause whatsoever beyond CDOT’s control, as the case may be (any such event, a “Force Majeure Event”). E. “Key Personnel” means the position or positions that are specifically designated as such in this Exhibit A. F. “Other Personnel” means individuals and Subcontractors, in addition to Key Personnel, assigned to positions to complete tasks associated with the Work. 2. PROJECT OVERVIEW A. INTRODUCTION i. The Colorado Department of Transportation (CDOT) is entering into this agreement with Town of Estes Park to provide limited seasonal recreational transportation services to the Estes Park Visitor Center, which is located in Larimer County, Colorado at 500 Big Thompson Avenue, Estes Park, CO 80517. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Exhibit A Page 2 of 4 B. SCOPE i. CDOT will provide transportation between Denver and Rocky Mountain National Park, including service to the Estes Park Visitor Center, beginning Saturday, May 24, 2025, and ending Sunday, September 28, 2025. All service described in this Exhibit A is subject to modification or cancellation due to Force Majeure Event(s). ii. Transportation will consist of a total of forty (40) days, operating on Saturdays and Sundays plus four (4) Holidays. iii. Each day of transportation service will consist of two (2) round trips, with both trips arriving in Estes Park in the morning and both trips departing Estes Park in the afternoon, except for Thursday, June 19 (Juneteenth), which shall consist of a single round trip. iv. CDOT will also provide transportation between Denver and Rocky Mountain National Park, including service to the Estes Park Visitor Center on the following four (4) Holidays: a. Memorial Day, Monday May 26, 2025; b. Juneteenth, Thursday June 19, 2025; c. Independence Day, Friday July 4, 2025; and d. Labor Day, Monday September 1, 2025. v. All service will originate at Denver Union Station and terminate within Rocky Mountain National Park at the Bear Lake Road Park & Ride, with the following intermediate stops: a. US 36 and Sheridan Station in Westminster b. US 36 and Broomfield Station c. US 36 and McCaslin Station d. Boulder Junction at Depot Square Station e. Lyons Park-n-Ride f. Estes Park Visitor Center C. FARES i. CDOT shall be responsible for online ticketing and fare payment processing, and tickets must be purchased via RideBustang.com or other webpage specified by CDOT. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Exhibit A Page 3 of 4 ii. Fare revenue shall be retained by CDOT to offset the cost of providing the transportation services described in this Exhibit A. iii. CDOT shall not sell fares for passenger trips taking place entirely between the Estes Park Visitor Center and Rocky Mountain National Park. iv. CDOT may offer promotional fare discounts at its sole discretion. v. The following fares will be charged to passengers of the Bustang to Estes service: a. Adult round-trip guaranteed seat fare is $15.00 per seat. b. Senior (at least 65 years old), Disability, and Student round-trip guaranteed seat fare is discounted 25% from the full adult fare, or $11.25 per seat. Passengers purchasing fares with the student discount must present valid, unexpired student identification issued by a K-12 school, college, or university prior to boarding. c. Child (2 to 12 years old) round-trip guaranteed seat fare is $5.00 per seat. D. ACCESS TO TOWN’S PROPERTY i. Town shall permit CDOT’s buses to access Town’s properties for the purposes of dropping off and picking up passengers. ii. Town shall designate a bus stop location on its property, which shall be at a safe, ADA accessible and convenient location with easy access for guests. iii. Town shall provide for one (1) reserved ACE Express Coaches, LLC support vehicle parking space at the Estes Park Visitor Center Parking Garage located at 691 N. St Vrain Avenue on the days of transportation service listed in this Exhibit A. The ACE Express Coaches, LLC support vehicle will fit within a single standard passenger vehicle parking stall. iv. Town shall permit driver and passenger use of restroom facilities at the Estes Park Visitor Center. v. Town shall permit Bustang to Estes passenger parking at the Estes Park Visitor Center Parking Garage. E. INSURANCE i. Before the first day of transportation service, CDOT shall provide Town a digital Certificate of Insurance from Ace Express showing Federal Motor Carrier Safety Administration (FMCSA) minimum auto liability per occurrence of $5,000,000 and the Town of Estes Park as an Additional Insured. Contract Number: 25-HAA-XC-00040 OLA Number: 331003598 Exhibit A Page 4 of 4 3. TOWN’S OTHER RESPONSIBILITIES In addition to the responsibilities named elsewhere in this Exhibit A, Town shall be responsible for the following list of items: A. Town shall work cooperatively with CDOT staff and, if applicable, the staff of other State contractors to ensure the completion of the Work identified in this Exhibit A. CDOT may, in its sole discretion, use other contractors to perform activities related to the Work that are not contained in the Contract or to perform any of CDOT’s responsibilities. In the event of a conflict between Town and any other State contractor, CDOT will resolve the conflict, and Town shall abide by the resolution provided by CDOT. B. Town shall use and disseminate marketing materials prepared by CDOT’s marketing contractor, Amelie Company, to advertise the Bustang to Estes service to Town’s community with the goal of increasing awareness and ridership. C. Town shall create a weblink to CDOT’s RideBustang.com on the Town’s website. D. Town shall install at least one (1) Bustang bus stop sign at the designated bus stop location prior to the first day of transportation service and continuing through the last day of transportation service. E. Town shall provide qualified Key Personnel and Other Personnel as necessary to perform the Work throughout the term of the Contract. Contractor shall provide CDOT with a final list of all Key Personnel and Other Personnel assigned to the Contract and appropriate contact information for those individuals. Town shall designate qualified people to hold the following Key Personnel position(s): Project Manager. F. Town shall ensure Key Personnel and Other Personnel assigned to the Contract are available for meetings with CDOT during CDOT’s normal business hours, as determined by CDOT. Town shall also make these personnel available outside of CDOT’s normal business hours and on weekends with prior notice from CDOT. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK TOWN CLERK’S OFFICE To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 13, 2025 RE: Transportation Advisory Board Appointments (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the recommended appointments to the Transportation Advisory Board (TAB). Present Situation: Linda Hanick and Joan Hooper’s appointments expired on March 31, 2025. TAB has been operating with eight members and per the bylaws may have up to nine members. The Town Clerk’s Office advertised for vacant positions on the Board and eight applications were received. The interview committee, consisting of TAB liaison Trustee Igel and Mayor Hall, conducted interviews on April 30, 2025. Proposal: The interview committee was impressed by the number of individuals interested in serving on the Transportation Advisory Board and the level of commitment each applicant expressed in giving back to the community. The committee is recommending to the full Board the appointments of Joan Hooper, Aracely Thomas, and Brian Denning to fill the current vacancies. Joan Hooper was appointed last year to complete the term of Mark Igel who was elected Trustee in April 2024. This would be a reappointment of Ms. Hooper for a full term expiring on March 31, 2028. In her application she expressed her interest in addressing congestion and its negative impact on the visitor experience and the resident quality of life. She further expressed an interest in addressing multimodal transportation in the Estes Valley. Aracely Thomas is an 18-year resident of the Estes Valley. She has worked in a number of capacities throughout the years and now owns a small business in town. She stated concern with how the recent changes to traffic patterns have impacted her business and her desire to be a voice in the community, including the Hispanic community. Brian Denning is a native of Estes Park and a business owner of Bandit’s Bikes. He stated a need for business owners to be involved in town government and policy. He further stated a business’ success depends on the health and proper direction of policy the Town enacts. Advantages: Filling the positions would complete the nine-member advisory board. Disadvantages: If the appointments are not made, the positions would remain vacant until additional applications are received and interviews conducted. Action Recommended: Reappointment of Joan Hooper and appointment of Aracely Thomas and Brian Denning for three-year terms expiring March 31, 2028. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Joan Hooper and appointment of Aracely Thomas and Brian Denning for three-year terms expiring March 31, 2028. Attachments: None. TOWN CLERK’S OFFICE To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 13, 2025 RE: Estes Park Housing Authority Reappointment of Eric Blackhurst to a term expiring April 30, 2030 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the recommended reappointment of Eric Blackhurst to the Estes Park Housing Authority (EPHA) Board of Directors. Present Situation: The term of Eric Blackhurst expired April 30, 2025. The Town Clerk’s office advertised for the position on the Board and two applications were received. The interview committee consisting of Trustees Brown and Lancaster and EPHA Executive Director Moulton was confirmed to take place on April 30, 2025. Unfortunately, on the day of the interviews one candidate backed out and Trustee Brown and EPHA Executive Director Moulton were not able to attend. Trustee Lancaster held an informal interview with Eric Blackhurst. Proposal: Trustee Lancaster conferred with Trustee Brown on May 5, 2025 and they recommended the reappointment of Eric Blackhurst for a five-year term expiring April 30, 2030. Blackhurst noted on his application that he intends this to be his final term on the EPHA Board as it transitions into an entity clearly fulfilling its original mission and expanding its opportunities for the low-to-medium income families in the community. Advantages: Filling the position would complete the seven-member board. Disadvantages: If the appointment is not made, the position would remain vacant until additional applications are received, and interviews conducted. Action Recommended: Reappoint Eric Blackhurst to a term expiring April 30, 2030. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Eric Blackhurst to the Estes Park Housing Authority Board of Directors for a term expiring April 30, 2030. Attachments: None. POLICE DEPARTMENT Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Ian Stewart, Chief of Police Date: May 13, 2025 RE: Resolution 48-25 Colorado Department of Human Services Co-Responder Contract with SummitStone Health Partners. (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: It is the desire of the Estes Park Police Department to maintain the current Co- Responder services we currently have for the Estes Valley. Present Situation: The Estes Park Police Department is a partner with SummitStone Health Partners to provide Co-Responder resources in the Estes Valley. The grant situation regarding Co- Responder funding has changed for SummitStone Health and the region. Grant funding that SummitStone had previously received can no longer be given directly to them from the State of Colorado. The funding must now be awarded to a local agency utilizing Co- Responder services. That local entity will then pass the grant funding along to a provider for this program. For the Town of Estes Park and the Estes Park Police Department, this means the grant funding to support the Co-Responder program in the Estes Valley must be awarded to the Town of Estes Park. The town will then need to pass this funding through to SummitStone Health Partners who will provide the Co-Responder staffing in the Estes Valley. SummitStone Health Partners have historically been providing this service for the last several years. We recently received confirmation from the State of Colorado that we have been approved for this grant funding. The grant amount matches the funding required per SummitStone to maintain the current Co-Responder Program for the next budget year. Proposal: Staff requests approval to receive the grant, and in turn, provides the funding to SummitStone Health Partners. This will allow us to maintain the current Co-Responder Program in the Estes Valley. Advantages: ●Reduces unnecessary arrests and emergency room (ER) transports. It provides on-scene clinical assessment and risk evaluations, helping divert individuals experiencing mental health or substance use crises away from jail or the ER and into appropriate services. ●Helps officers assess and initiate “M1” and emergency commitment holds when someone is at risk or in crisis. This also facilitates documentation and coordination with hospitals and crisis centers to ensure continuity of care. ●Provides deescalation on scene during emotionally charged situations. Helps prevent escalation, reduce the need for force, and guides individuals toward voluntary cooperation and appropriate care. ●Connects individuals to ongoing services and ensures follow-up care. The program provides warm handoffs and connects individuals with appropriate community resources and case management. ●Reduces repeat calls for service by addressing root causes of repeated crisis calls This reduces strain on department resources over time. ●Co-Responders participate in regular collaboration with Estes community partners to align resources and share innovative ideas. This collaboration on strategic solutions helps us to best serve the needs of our community. ●This program helps support families in applying for court ordered mental health holds. The Co-Respornder program provides education to families on the process, helps navigate barriers, and provides emotional support and resources. ●This program also assists the School Resource Officer with student mental health crises by providing on-site clinical support when a student is experiencing a crisis. It helps deescalate the situation and provides an assessment for safety risks while supporting the family. Disadvantages: ●Staff time required to navigate the bureaucracy of the new grant process and subsequent reporting. ●Acknowledgement by PD staff that we may be required to do this annually to maintain Co-Responder services. Action Recommended: Board approval to receive grant funding so that it can be forwarded to SummitStone to maintain our Co-Responder program. Finance/Resource Impact: There is no direct financial impact to the town. The funding received from the grant exactly covers the cost of the Co-Responder program at the Estes Park Police Department. The grant request was specifically crafted to obtain the goal of no cost to the town. Level of Public Interest The Co-Responder program at the Estes Park Police Department has been highly acknowledged by the public. The public has shown significant support for Co- Responder programs as a superior alternative to police intervention for those in crisis. Sample Motion: I move for the approval of Resolution 48-25. Attachments: 1.Resolution 48-25 2.LINK Department of Human Services Co Responder Contract 3.LINK Exhibit B Estes Park Co Responder Budget RESOLUTION 48-25 APPROVING AN AGREEMENT WITH THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR CO-RESPONDER PROGRAM FUNDING WHEREAS, the Town Board wishes to enter an agreement referenced in the title of this resolution for the purpose of sustaining local co-responder programs, which dispatch behavioral health co-responders along with law enforcement. 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 , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 v.4.11 Page 1 of 3 State of Colorado Department of Human Services Contract Signature and Cover Pages CMS #: 26 IBEH 198245 State Agency Colorado Department of Human Services Behavioral Health Administration Contract Maximum Amount Initial Term State Fiscal Year 2026 $152,141.00 Extension Terms None Maximum Amount for All Fiscal Years $152,141.00 Pricing/Funding Price Structure: Cost Reimbursement Contractor shall invoice: Monthly Fund Source: General Fund eClearance#: 2505739 Contractor Town of Estes Park Contractor’s State of Incorporation: CO Contract Performance Beginning Date The later of the Effective Date or July 1, 2025 Initial Contract Expiration Date June 30, 2026 Except as stated in §2.D, the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 Years from its Performance Beginning Date. Options The State shall have the following options if indicated with “Yes,” as further described in §2.C and §5.B.v: Option to Extend Term per §2.C: Yes. Option to Increase or Decrease Maximum Amount per §5.B.v: Yes. ATTACHMENT 2 v.4.11 Page 2 of 3 Insurance Contractor shall maintain the following insurance if indicated with “Yes,” as further described in §10: Worker’s Compensation: Yes General Liability: Yes Automobile Liability: Yes Protected Information: Yes Professional Liability Insurance: Yes Cyber/Net. Security-Privacy Liability Insurance: No. Crime Insurance: No. State Representative Moniquie Maurice, Chief Financial Officer Behavioral Health Administration 710 South Ash Street C140 Denver, CO 80204 monique.maurice@state.co.us Miscellaneous Authority to enter into this Contract exists in: C.R.S. 27-60-104 Law-Specified Vendor Statute (if any): N/A Procurement Method: Request for Proposal Solicitation Number (if any): RFP IBEH 2025*152 Contractor Representative Ian Stewart, Chief of Police Town of Estes Park 170 Macgregor Avenue Estes Park, CO 80517 istewart@estes.org Exhibits The following Exhibits are attached and incorporated into this Contract: Exhibit A – Statement of Work Exhibit B – Budget Exhibit C – Miscellaneous Provisions Exhibit D – HIPPA BAA Contract Purpose The purpose of this Contract is to create, sustain, or expand Co-Responder Programs, which dispatch behavioral health Co-Responders along with law enforcement, or provide a joint secondary response on calls for service wherein behavioral health appears to be a relevant factor. Signature Page Begins on Next Page The rest of this page is intentionally left blank . v.4.11 Page 3 of 3 The parties hereto have executed this contract Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature. Contractor Town of Estes Park By: Date: _________________________ State of Colorado By: Dannette R. Smith, Commissioner Behavioral Health Administration Date: _________________________ State Controller Robert Jaros, CPA, MBA, JD By: Telly Belton/Toni Williamson/Amanda Rios -- Signature and Cover Pages End -- Attest: ________________________________ Town Clerk Approved as to Form: ________________________________ Town Attorney v.4.11 Page 1 of 44 Acc 11/12/24 Table of Contents 1. Parties _____________________________________________________________________ 1 2. Term and Effective Date ______________________________________________________ 2 3. Definitions __________________________________________________________________ 4 4. Statement of Work ___________________________________________________________ 7 5. Payments to Contractor _______________________________________________________ 8 6. Reporting – Notification ______________________________________________________ 10 7. Contractor Records __________________________________________________________ 11 8. Confidential Information-State Records _________________________________________ 12 9. Conflicts of Interest _________________________________________________________ 15 10. Insurance ________________________________________________________________ 15 11. Breach of Contract ________________________________________________________ 19 12. Remedies ________________________________________________________________ 19 13. State’s Right of Removal ___________________________________________________ 21 14. Dispute Resolution ________________________________________________________ 22 15. Notices and Representatives ________________________________________________ 22 16. Rights in Work Product and Other Information _________________________________ 23 17. Statewide Contract Management System ______________________________________ 24 18. General Provisions_________________________________________________________ 25 19. Colorado Special Provisions (Colorado Fiscal Rule 3-3) __________________________ 31 20. Department of Human Services Provisions _____________________________________ 34 21. Third Party Certification for Access to PII Through a Database or Automated Network 36 22. Federal Provisions _________________________________________________________ 37 1. Parties This Contract is entered into by and between Contractor named on the Signature and Cover Pages for this Contract (the “Contractor”), and the STATE OF COLORADO acting by and through the Department of Human Services (the “State” or “CDHS”). Contractor and the State agree to the terms and conditions in this Contract. v.4.11 Page 2 of 44 Acc 11/12/24 2. Term and Effective Date A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date or after the expiration or sooner termination of this Contract. B. Initial Term The Parties’ respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Signature and Cover Pages for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Signature and Cover Pages for this Contract (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Contract. C. Extension Terms – State’s Option If the Signature and Cover Pages for this Contract shows that the State has the Option to Extend Term, then the State, at its discretion, shall have the option to extend the performance under this Contract beyond the Initial Term for a period, or for successive periods, at the same rates and under the same terms specified in the Contract (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §23 “Sample Option Letter.” The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. Except as stated in §2.D, the total duration of this Contract, including t he exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date, or the number of years specified on the Signature and Cover Pages if such number is less than 5 years, absent prior approval from the Chief Procurement Officer in accordance with the Colorado Procurement Code. D. End of Term Extension If this Contract approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Contractor as provided in §15, may unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months (an “End of Term Extension” or “Holdover”), regardless of whether additional Extension v.4.11 Page 3 of 44 Acc 11/12/24 Terms are available or not. Any such extension shall be under the same terms and conditions of the operative Contract including, but not limited to, prices, rates, and service delivery requirements. The provisions of this Contract 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 contract or modification extending the total term of the Contract. E. Early Termination in the Public Interest The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. A determination that this Contract 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 Contract by the State for Breach of Contract by Contractor, which shall be governed by §12.A.i. i. Method and Content The State shall notify Contractor of such termination in accordance with §15. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Contract, 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, Contractor shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Contract in the public interest, the State shall pay Contractor an amount equal to the percentage of the total reimbursement payable under this Contract that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Contract is less than 60% completed, as determined by the State, the State may reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Contract, incurred by Contractor which are directly attributable to the uncompleted portion of v.4.11 Page 4 of 44 Acc 11/12/24 Contractor’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor hereunder. 3. Definitions The following terms shall be construed and interpreted as follows: A. “Breach of Contract” means the failure of a Party to perform any of its obligations in accordance with this Contract, 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 Contractor, or the appointment of a receiver or similar officer for Contractor 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 Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach. B. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays as listed in §24-11-101(1) C.R.S. C. “Chief Procurement Officer” means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202, C.R.S. to procure or supervise the procurement of all supplies and services needed by the State. D. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under 24-72-302 C.R.S. E. “Contract” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. For purposes of clarification and the removal of any doubt, subject to any future modifications thereto, the Signature and Cover Pages and Sections 1 through 21, as identified in the Table of Contents herein above, shall constitute the “main body” of this Contract exclusively. F. “Contract Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Contract. G. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. v.4.11 Page 5 of 44 Acc 11/12/24 H. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible object or software that is produced as a result of Contractor’s Work that is intended to be delivered to the State by the Contractor. I. “Effective Date” means the date on which this Contract is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Contract. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then Effective Date of this Contract shall be the later of the date on which this Contract is approved and signed by the State’s Chief Information Officer or authorized delegate or the date on which this Contract is approved and signed by the State Controller or authorized delegate, as shown on the Signature and Cover Page for this Contract. J. “End of Term Extension” means the time period defined in §2.D. K. “Exhibits” means the exhibits and attachments included with this Contract as shown on the Signature and Cover Pages for this Contract. L. “Extension Term” means the time period defined in §2.C. M. “Goods” means any movable material acquired, produced, or delivered by Contractor as set forth in this Contract and shall include any movable material acquired, produced, or delivered by Contractor in connection with the Services. N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. O. “Initial Term” means the time period defined in §2.B. P. “Party” means the State or Contractor, and “Parties” means both the State and Contractor. Q. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or other credit card information as may be protected by State or federal law. v.4.11 Page 6 of 44 Acc 11/12/24 R. “PHI” means any individually identifiable health information, transmitted or maintained in electronic or any form or medium, including but not limited to demographic information,, (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the Federal Health Insurance Portability and Accountability Act. S. “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 maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. 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. “PII” shall also mean “Personal Identifying Information” as set forth in § 24-74-102, et. seq., C.R.S. T. “Services” means the services to be performed by Contractor as set forth in this Contract, and shall include any services to be rendered by Contractor in connection with the Goods. U. “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, PHI, PCI, Tax Information, CJI, Educational Records, Substance Use Disorder Information, 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 Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. V. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. v.4.11 Page 7 of 44 Acc 11/12/24 W. “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. X. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. Y. “Subcontractor” means any third-parties engaged by Contractor to aid in performance of the Work. Z. “Tax Information” means federal and State of Colorado tax information including, without limitation, federal and State tax returns, return information, and such other tax-related information as may be protected by federal and State law and regulation. Tax information includes but is not limited to all information defined as federal tax information in Internal Revenue Service Publication 1075. AA. “Work” means the Goods delivered and Services performed pursuant to this Contract. BB. “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, 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 Contract that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. Statement of Work Contractor shall complete the Work as described in this Contract and in accordance with the provisions of the Exhibits. The State shall have no liability to compensate Contractor for the delivery of any goods or the performance of any services that are not specifically set forth in this Contract. v.4.11 Page 8 of 44 Acc 11/12/24 5. Payments to Contractor A. Maximum Amount Payments to Contractor are limited to the unpaid, obligated balance of the Contract Funds. The State shall not pay Contractor any amount under this Contract that exceeds the Contract Maximum for that term shown on the Signature and Cover Pages for this Contract. B. Payment Procedures i. Invoices and Payment a. The State shall pay Contractor in the amounts and in accordance with the Exhibits. b. Contractor shall initiate payment requests by invoice to the State, in a form and manner approved by the State. Invoicing is a material component of Contract performance and corresponding Deliverables. Invoices shall be due to the State within 45 days of work performed by the Contractor, unless otherwise stated in the Exhibits hereto. Invoicing shall be done accurately and per any specifications set forth in the Exhibits hereto. Time is of the essence in this regard. If Contractor fails to timely and/or properly invoice the State, the State may not be obligated to pay the bill resulting from said invoice. Failure to timely and/or properly invoice the State is a material breach of this Contract which would be cause for the State to refuse payment and/or terminate the contract on these grounds in whole or in part, at the State’s discretion. 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 Contractor 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 Contractor 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 the Contract. ii. Interest v.4.11 Page 9 of 44 Acc 11/12/24 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. Contractor shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Payment Disputes If Contractor disputes any calculation, determination or amount of any payment, Contractor shall notify the State in writing of its dispute within 30 days following the earlier to occur of Contractor’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 Contractor and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Contract 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 Contract Funds the State’s obligation to pay Contractor shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Contract shall be made only from Contract Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Contract Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may, upon written notice, terminate this Contract, 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 Contract were terminated in the public v.4.11 Page 10 of 44 Acc 11/12/24 interest as described in §2.E. v. Option to Increase Maximum Amount If the Signature and Cover Pages for this Contract show that the State has the Option to Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and Services based upon the rates established in this Contract, and increase or decrease the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §23 “Sample Option Letter.” Delivery of Goods and performance of Services shall continue at the same rates and terms as described in this Contract. The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. 6. Reporting – Notification A. Quarterly Reports. In addition to any reports required pursuant to §17 or pursuant to any other Exhibit, for any contract having a term longer than three months, Contractor shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Contract. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State at the time or times specified by the State in this Contr act, or, if no time is specified in this Contract, not later than five Business Days following the end of each calendar quarter. B. Litigation Reporting If Contractor 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 Contract or may affect Contractor’s ability to perform its obligations under this Contract, Contractor shall, within 5 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 Signature and Cover Pages for this Contract. v.4.11 Page 11 of 44 Acc 11/12/24 C. Performance Outside the State of Colorado or the United States, §24- 102-206 C.R.S. To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor shall provide written notice to the State, in accordance with §15 and in a form designated by the State, within 20 days following the earlier to occur of Contractor’s decision to perform Services outside of the State of Colorado or the United States, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations, and such notice shall be a public record. Knowing failure by Contractor to provide notice to the State under this section shall constitute a Breach of Contract. This section shall not apply if the Contract Funds include any federal funds. 7. Contractor Records A. Maintenance Contractor shall maintain a file of all documents, records, communications, notes and other materials relating to the Work (the “Contractor Records”). Contractor Records shall include all documents, records, communications, notes and other materials maintained by Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain all records related to the Work performed by Subcontractors required to ensure proper performance of that Work. Contractor shall maintain Contractor Records until the last to occur of: i. the date three years after the date this Contract expires or is terminated, ii. final payment under this Contract is made, iii. the resolution of any pending Contract matters, or iv. if an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Contractor shall permit the State, the federal government, and any duly authorized agent of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe Contractor Records during the Record Retention Period. Contractor shall make Contractor Records available during normal business hours at Contractor’s office or place of business, or v.4.11 Page 12 of 44 Acc 11/12/24 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 agency, in its discretion, may monitor Contractor’s performance of its obligations under this Contract using procedures as determined by the State. The State shall monitor Contractor’s performance in a manner that does not unduly interfere with Contractor’s performance of the Work. D. Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit performed on Contractor’s records that relates to or affects this Contract or the Work, whether the audit is conducted by Contractor or a third party. 8. Confidential Information-State Records A. Confidentiality Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Contractor 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 Contract, permitted by law or approved in writing by the State. Contractor shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Contractor or any of its Subcontractors will or may receive the following types of data, Contractor or its Subcontractors shall provide for the security of such data according to the following: i. the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Contract as an Exhibit, if applicable, ii. the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, iii. the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security v.4.11 Page 13 of 44 Acc 11/12/24 Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Contract, if applicable. Contractor shall immediately forward any request or demand for State Records to the State’s Principal Representative. B. Other Entity Access and Nondisclosure Agreements Contractor 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 Contract. Contractor shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Contract, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Contractor 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 Contractor 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. Contractor shall provide the State with access, subject to Contractor’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Contract, Contractor shall return State Records provided to Contractor or destroy such State Records and certify to the State that it has done so, as directed by the State. If Contractor is prevented by law or regulation from returning or destroying State Confidential Information, Contractor warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Contractor becomes aware of any Incident, Contractor 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 Contractor can establish that Contractor and its Subcontractors are not the cause or source of the Incident, Contractor shall v.4.11 Page 14 of 44 Acc 11/12/24 be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor 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 Contractor shall make all modifications as directed by the State. If Contractor cannot produce its analysis and plan within the allotted time, the State, in its discretion, may perform such analysis and produce a remediation plan, and Contractor shall reimburse the State for the actual costs thereof. The State may, in its sole discretion and at Contractor’s sole expense, require Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Contractor shall provide the State with the results of such audit and evidence of Contractor’s planned remediation in response to any negative findings. E. Data Protection and Handling Contractor shall ensure that all State Records and Work Product in the possession of Contractor or any Subcontractors are protected and handled in accordance with the requirements of this Contract, including the requirements of any Exhibits hereto, at all times. F. Safeguarding PII If Contractor or any of its subcontractors will or may receive PII under this Contract, Contractor 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. Contractor 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. in addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited to, Contractor’s employees, agents and subcontractors, agrees not to share any PII with any third parties for the purpose of investigating for, participating in, cooperating with, or assisting with federal immigration enforcement. If Contractor is given direct access to any State databases containing PII, Contractor shall execute, on behalf of itself and its employees, the certification described in Section 21 below on an annual basis Contractor’s duty and obligation to certify as set forth in Section 21 below shall continue as long as Contractor has direct access to any State databases containing PII. If Contractor uses any subcontractors to perform Services requiring direct access to state databases containing PII, Contractor shall require such subcontractors to v.4.11 Page 15 of 44 Acc 11/12/24 execute and deliver the certification to the State on an annual basis, so long as the subcontractor has access to State databases containing PII. 9. Conflicts of Interest A. Actual Conflicts of Interest Contractor 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 Contractor under this Contract. Such a conflict of interest would arise when a Contractor 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 Contract. B. Apparent Conflicts of Interest Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Contractor’s obligations under this Contract. C. Disclosure To the State If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a conflict or the appearance of a conflict has arisen, Contractor 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 Contract. D. Contractor acknowledges that all state employees are subject to the ethical principles described in §24-18-105, C.R.S. Contractor further acknowledges that state employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this contract. 10. Insurance Contractor 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 Contract to the extent that such insurance policies are required as shown on the Signature v.4.11 Page 16 of 44 Acc 11/12/24 and Cover Page for this Contract. All insurance policies required by this Contract shall be issued by insurance companies as approved by the State. These insurance requirements shall not be construed as caps or limitations on liability. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Contractor or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any one fire. 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. Protected Information Liability insurance covering all civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and all loss income or extra expense as a result of actual or alleged breach, violation or infringement of a right to privacy, consumer data protection law, confidentiality or other legal protection for personal information as well as State Confidential Information with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $2,000,000 general aggregate. iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor shall maintain limits of not less than $50,000. v.4.11 Page 17 of 44 Acc 11/12/24 iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 25 or fewer individuals or revenues of $500,000 or less, Contractor shall maintain limits of not less than $100,000. E. Professional Liability Insurance Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. F. Crime Insurance Crime insurance including employee dishonesty coverage with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $1,000,000 general aggregate. G. Cyber/Network Security and Privacy Liability Liability insurance covering civil, regulatory, and statutory damages, contractual damages, data breach management exposure, and any loss of income or extra expense as a result of actual or alleged breach, violation or infringement of right to privacy, consumer data protection law, confidentiality or other legal protection for personal information, as well as State Confidential Information with minimum limits as follows: i. $1,000,000 each occurrence; and ii. $2,000,000 general aggregate. H. 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 Contractor and Subcontractors. v.4.11 Page 18 of 44 Acc 11/12/24 I. Primacy of Coverage Coverage required of Contractor and each Subcontractor shall be primary and noncontributory over any insurance or self-insurance program carried by Contractor or the State. J. Cancellation The above 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 Contractor and Contractor shall forward such notice to the State in accordance with §15 within seven days of Contractor’s receipt of such notice. K. Subrogation Waiver All insurance policies secured or maintained by Contractor or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. L. Public Entities If Contractor is a “public entity” within the meaning of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract 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, Contractor shall ensure that the Subcontractor maintains at all times during the terms of this Contract, 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. M. Certificates Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage required in this Contract within seven Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within seven Business Days following the Effective Date, except that, if Contractor’s subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage v.4.11 Page 19 of 44 Acc 11/12/24 required under this Contract within seven Business Days following Contractor’s execution of the subcontract. No later than 15 days before the expiration date of Contractor’s or any Subcontractor’s coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Contract, upon request by the State, Contractor 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 Contract In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract, 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 Contract to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Contract in whole or in part or institute any other remedy in the Contract in order to protect the public interest of the State; or if Contractor 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 Contract in whole or in part or institute any other remedy in this Contract as of the date that the debarment or suspension takes effect. 12. Remedies A. State’s Remedies If Contractor is in breach under any provision of this Contract 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 Contract 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 Contract In the event of Contractor’s uncured breach, the State may terminate this entire Contract or any part of this Contract. Contractor shall continue performance of this Contract to the extent not terminated, if any. a. Obligations and Rights v.4.11 Page 20 of 44 Acc 11/12/24 To the extent specified in any termination notice, Contractor 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, Contractor 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 Contract’s terms. At the request of the State, Contractor shall assign to the State all of Contractor’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor but in which the State has an interest. At the State’s request, Contractor shall return materials owned by the State in Contractor’s possession at the time of any termination. Contractor 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 Contractor for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Contractor was not in breach or that Contractor’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 Contract had been terminated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor 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 v.4.11 Page 21 of 44 Acc 11/12/24 Suspend Contractor’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Contractor 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 Contractor after the suspension of performance. b. Withhold Payment Withhold payment to Contractor until Contractor corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Contractor’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. 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, Contractor shall, as approved by the State, (i) secure that right to use such Work for the State and Contractor; (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. Contractor’s Remedies If the State is in breach of any provision of this Contract and does not cure such breach, Contractor, following the notice and cure period in §11 and the dispute resolution process in §14, shall have all remedies available at law and equity. 13. State’s Right of Removal The State retains the right to demand, at any time, regardless of whether Contractor is in breach, the immediate removal of any of Contractor’s employees, agents, or subcontractors from the work whom the State, in its sole discretion, deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State’s best interest. v.4.11 Page 22 of 44 Acc 11/12/24 14. Dispute Resolution A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Contract which cannot be resolved by the designated Contract representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Contractor for resolution. B. Resolution of Controversies If the initial resolution described in §14.A fails to resolve the dispute within 10 Business Days, Contractor shall submit any alleged breach of this Contract by the State to the Procurement Official of CDHS as described in §24-102-202(3), C.R.S. for resolution in accordance with the provisions of §24-106-109, C.R.S., and §§24-109-101.1 through 24-109- 505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to the Executive Director of the Department of Personnel and Administration, or their delegate, under the Resolution Statutes before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. 15. Notices and Representatives Each individual identified on the Signature and Cover Pages shall be the principal representative of the designating Party. All notices required or permitted to be given under this Contract 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 Signature and Cover Pages for this Contract or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Signature and Cover Pages for this Contract. 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 below. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this section without a formal amendment to this Contract. Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written notice. v.4.11 Page 23 of 44 Acc 11/12/24 16. Rights in Work Product and Other Information A. Work Product i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Contractor hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Contractor cannot make any of the assignments required by this section, Contractor hereby grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. ii. Patents In addition, Contractor grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Contractor that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. iii. Assignments and Assistance Whether or not Contractor is under contract with the State at the time, Contractor shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. To the extent that Work Product would fall under the definition of “works made for hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made for hire. Contractor v.4.11 Page 24 of 44 Acc 11/12/24 assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. B. Exclusive Property of The State Except to the extent specifically provided elsewhere in this Contract, 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 Contractor are the exclusive property of the State (collectively, “State Materials”). Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Contractor’s obligations in this Contract without the prior written consent of the State. Upon termination of this Contract for any reason, Contractor 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 Contractor Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Contractor 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 Contractor under the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: i. entered into as exhibits to this Contract; ii. obtained by the State from the applicable third-party vendor; or iii. in the case of open source software, the license terms set forth in the applicable open source license agreement. 17. Statewide Contract Management System If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be governed by and comply with the provisions of §§24-106-103, 24-102- 206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance information in the State’s contract management system (“Contract Management System” or “CMS”). Contractor’s performance shall be subject v.4.11 Page 25 of 44 Acc 11/12/24 to evaluation and review in accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and State Fiscal Rules and State Controller Policies. 18. General Provisions A. Assignment Contractor’s rights and obligations under this Contract 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 Contractor’s rights and obligations approved by the State shall be subject to the provisions of this Contract. B. Subcontracts Unless other restrictions are required elsewhere in this Contract, Contractor shall not enter into any subcontract in connection with its obligations under this Contract without providing notice to the State. The State may reject any such subcontract, an d Contractor shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform any Work after that Subcontractor’s subcontract has been rejected by the State. Contractor shall submit to the State a copy of each such subcontract upon request by the State. All subcontracts entered into by Contractor in connection with this Contract 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 Contract. C. Binding Effect Except as otherwise provided in §18.A., all provisions of this Contract, 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 Contract and the performance of such Party’s obligations have been duly authorized. v.4.11 Page 26 of 44 Acc 11/12/24 E. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Contract 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 Contract 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 Contract 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 Contract. Prior or contemporaneous additions, deletions, or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Contract 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 Contract by reference. I. Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. v.4.11 Page 27 of 44 Acc 11/12/24 J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Contract 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 Contract. K. Order of Precedence In the event of a conflict or inconsistency between this Contract and any Exhibits or attachments such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. HIPAA Business Associate Agreement (if any). ii. Federal Provisions (if any). iii. Colorado Special Provisions in §19 of the main body of this Contract. iv. Information Technology Provisions Exhibit (if any). v. The provisions of the other sections of the main body of this Contract. vi. PII Certification (if any) vii. Any other Exhibit(s) shall take precedence in alphabetical order. L. 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 Contractor’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 Contract. M. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of the Contract. N. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of the Contract and shall be enforceable by the other Party. v.4.11 Page 28 of 44 Acc 11/12/24 O. 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 Contractor. Contractor shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Contractor may wish to have in place in connection with this Contract. P. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §18.A., this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract 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 Contract are incidental to the Contract, and do not create any rights for such third parties. Q. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Contract, 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. R. Cora Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. S. Standard and Manner of Performance Contractor shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession. v.4.11 Page 29 of 44 Acc 11/12/24 T. Licenses, Permits, and Other Authorizations. Contractor shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all licenses, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. U. Indemnification i. Applicability This entire §18.U does not apply to Contractor if Contractor is a “public entity” within the meaning of the GIA. ii. General Indemnification Contractor shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with this Contract. iii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Contractor in violation of §8 may be cause for legal action by third parties against Contractor, the State, or their respective agents. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by the State in relation to any act or omission by Contractor, or its employees, agents, assigns, or Subcontractors in violation of §8. iv. Intellectual Property Indemnification Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that v.4.11 Page 30 of 44 Acc 11/12/24 any Deliverable, Good or Service, software, or Work Product provided by Contractor under this Contract (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. Contractor’s obligations hereunder shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is (a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or (d) is reasonably expected to be used in combination with the IP Deliverables. v. Accessibility a. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability , as established by the Governor’s Office of Information Technology (OIT), pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. b. The State may require Contractor’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Contractor’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. c. Accessibility Indemnification: Contractor shall indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. v.4.11 Page 31 of 44 Acc 11/12/24 V. Other i. Compliance with State and Federal Law, Regulations, & Executive Orders Contractor shall comply with all State and, if Federal funding is involved, Federal law, regulations, executive orders, State and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Contract. 19. Colorado Special Provisions (Colorado Fiscal Rule 3-3) These Special Provisions apply to all contracts except where noted in {grey highlighted braces}. A. Statutory Approval. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then this Contract 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 Contract 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. v.4.11 Page 32 of 44 Acc 11/12/24 D. Independent Contractor. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor 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 Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. Compliance With Law. Contractor shall strictly 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 Contract. 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 Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. Prohibited Terms. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’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 Contract shall be construed as a waiver of any provision of §24-106-109, C.R.S. v.4.11 Page 33 of 44 Acc 11/12/24 H. Software Piracy Prohibition. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract 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 Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor 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 Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any v.4.11 Page 34 of 44 Acc 11/12/24 other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. 20. Department of Human Services Provisions A. Exclusion, Debarment and/or Suspension Contractor represents and warrants that Contractor, its employees, agents, assigns, or Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a “federal health care program” as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program by any federal or State of Colorado department or agency. If Contractor, its employees, agents, assigns, or Subcontractors, are excluded from participation, or becomes otherwise ineligible to participate in any such program during the term of this Contract, Contractor shall notify the State in writing within three (3) days after such event. Upon the occurrence of such event, whether or not such notice is given to Contractor, the State may immediately terminate this Contract. B. Emergency Planning If Contractor provides Work that is an extension of State work performed as part of the State of Colorado Emergency Operations Plan or for a publicly funded safety net program, as defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance with the State’s Emergency Operations Plan or continuity of operations plan in the event of an emergency. If requested, Contractor shall provide a plan and reporting information to ensure compliance with the State’s Emergency Operations Plan and C.R.S. § 24-33.5-701 et seq. C. Restrictions On Public Benefits If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 – 103 exactly as the State is required to comply with C.R.S. §§ 24-76.5-101 – 103. D. Discrimination Contractor shall not: i. discriminate against any person on the basis of gender, race, ethnicity, religion, national origin, age, sexual orientation, gender identity, citizenship status, education, disability, socio-economic status, or any other identity. v.4.11 Page 35 of 44 Acc 11/12/24 ii. exclude from participation in, or deny benefits to any qualified individual with a disability, by reason of such disability. Any person who thinks he/she has been discriminated against as related to the performance of this Contract has the right to assert a claim, Colorado Civil Rights Division, C.R.S. §24-34-301, et seq. E. Criminal Background Check Pursuant to C.R.S. §27-90-111 and CDHS Policy VI-2.4, any independent contractor, and its agent(s), who is designated by the Executive Director or the Executive Director’s designee to be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person’s home or residence, shall: i. submit to and successfully pass a criminal background check, and ii. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the State. Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS Policy VI-2.4, may, at the sole discretion of the State, be suspended or terminated. F. Fraud Policy Contractor shall comply with the current CDHS Fraud Policy. G. C-Stat - Performance Based Program Analysis and Management Strategy (C-Stat Strategy) Without any additional cost to the State, Contractor shall collect and maintain Contract performance data, as determined solely by the State. Upon request, Contractor shall provide the Contract performance data to the State. This provision does not allow the State to impose unilateral changes to performance requirements. H. COVID-19 Pandemic CDHS operates many facilities across the State and with regard to the COVID-19 Pandemic, Contractor may be subject to local or state public health orders, Department policy, individual facility policy, or any other requirement that could impose additional requirements on the Contractor. If so, Contractor shall promptly comply upon notice. v.4.11 Page 36 of 44 Acc 11/12/24 21. Third Party Certification for Access to PII Through a Database or Automated Network Pursuant to § 24-74-105, C.R.S, if Contractor is to be granted access to Personal Identifying Information through a database or automated network that is not publicly available information, Contractor certifies, and will certify annually, under penalty of perjury that Contractor has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court-issued subpoena, warrant or order. If Contractor’s agents, employees, assigns or Subcontractors require certification pursuant to § 24-74-105, C.R.S., Contractor shall require annually that its agents, employees, assigns or Subcontractors sign and date the following certifications as applicable, which shall be made available to the State upon request: For an individual: Pursuant to § 24-74-105, C.R.S., I hereby certify under the penalty of perjury that I have not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court - issued subpoena, warrant or order. For and entity/organization: Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________ (legal name of entity / organization) (the “Organization”), hereby certify under the penalty of perjury that the Organization has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court - issued subpoena, warrant or order. I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Organization. v.4.11 Page 37 of 44 Acc 11/12/24 22. Federal Provisions A. Applicability of Provisions. i. This Federal Provisions section shall apply in the event that the Contract is funded, in whole or in part, with an Award of Federal funds. Contractor shall confirm with their CDHS Contact for their Contract if this Contract is funded in whole or in part by federal funds. Where Federal funds are not used to fund this Contract, then this Federal Provisions section shall not apply, but remains in this Contract due to the template nature of this Contract. ii. If the Contract is funded in whole or in part with Federal funds, and in the event of a conflict between this Federal Provisions section, the Special Provisions, the body of the Contract, or any attachments or exhibits made a part of the Contract, the provisions of this Federal Provisions section shall control. Exceptions to this are as follows: a. If the Supplemental Provisions for Federal Awards Exhibit is attached to this Contract, then in the event of a conflict amongst provisions, the Supplemental Provisions for Federal Awards exhibit shall control over the provisions of this Federal Provisions section. b. If the SLFRF Subrecipient Provisions Exhibit is attached to this Contract, then in the event of a conflict amongst provisions, the SLFRF Subrecipient Provisions Exhibit shall control over the provisions of this Federal Provisions section. B. Compliance. i. Contractor shall comply with all applicable provisions of the Transparency Act (the Federal Funding Accountability and Transparency Act of 2006 [Public Law 109-282], as amended by section 6202 of Public Law 110-252) all applicable provisions of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these federal Provisions. 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 may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. v.4.11 Page 38 of 44 Acc 11/12/24 C. System for Award Management (SAM) and Unique Entity Id Requirements. i. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. ii. Unique Entity ID. Contractor shall provide its Unique Entity ID to its Recipient, and shall update Contractor’s information at http://www.sam.gov at least annually after the initial registration, and more frequently if required by changes in Contractor’s information. D. Contract Provisions Required by Uniform Guidance Appendix II To Part 200. i. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. The simplified acquisitions threshold is $250,000 ii. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. iii. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must 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 Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” iv. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the v.4.11 Page 39 of 44 Acc 11/12/24 current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. v. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. vi. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract 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 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, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. vii. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award 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- v.4.11 Page 40 of 44 Acc 11/12/24 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). viii. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (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. ix. 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 contract, 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. x. Prohibition on certain telecommunications and video surveillance services or equipment §2 CFR 200.216 a. Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to: 1) Procure or obtain; 2) Extend or renew a contract to procure or obtain; or 3) Enter into a contract (or extend a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). xi. Contracts with small and minority businesses, women’s business enterprises, and labor surplus area firms. (2 CFR §200.321). The non- Federal entity must take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. xii. Domestic preferences 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, v.4.11 Page 41 of 44 Acc 11/12/24 steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. xiii. Procurement of recovered materials. (2 CFR §200.323) A non-Federal entity that is a state agency or agency of a political subdivision of a state and 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. E. Termination for Convenience of the Government i. Pursuant to §4.2 of these Federal Provisions, the State of Colorado may terminate this contract, in whole or in part, when it is in the Government’s interest. Solicitations and contracts shall include clauses as required by FAR 49.502 (2023). Termination for convenience of the government shall comply with the following provisions of the Federal Acquisition Regulations: a. For Fixed Price Contracts: FAR 52.249-2 (2023) b. For Contracts for Personal Services: FAR 52.249-12 (2023) c. For Construction Contracts for Dismantling, Demolition, or Removal of Improvements: FAR 52.249-3 (2023) d. For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023) F. Event of Default. i. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract 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 Contract, at law or in equity. v.4.11 Page 42 of 44 Acc 11/12/24 23. Sample Option Letter SAMPLE OPTION LETTER (If Applicable) 1. State Agency [Insert Department’s or IHE’s Full Legal Name] 2. Contractor [Insert Contractor’s Full Legal Name, including “Inc.”, “LLC”, etc...] 3. Current Contract Maximum Amount Initial Term [State Fiscal Year 20xx $0.00] Extension Terms [ State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00 State Fiscal Year 20xx $0.00] Total for All State Fiscal Years [$0.00] Option Letter Number [Insert the Option Number (e.g. “1” for the first option)] 4. Original Contract Number [Insert CMS number or Other Contract Number of the Original Contract] 5. Option Contract Number [Insert CMS number or Other Contract Number of this Option] Contract Performance Beginning Date [Month Day, Year] Current Contract Expiration Date [Month Day, Year] 1. Options: • Option to extend for an Extension Term • Option to change the quantity of Goods under the Contract • Option to change the quantity of Services under the Contract • Option to modify Contract rates • Option to initiate next phase of the Contract • Required Provisions: A. %For use with Option 1(A):% In accordance with Section(s) [Number] of the Original Contract referenced above, the State hereby exercises its option for an additional term, beginning [Insert start date] and ending on the current contract expiration date shown above, at the rates stated in the Original Contract, as amended. B. %For use with Options 1(B and C):% In accordance with Section(s) [Number] of the Original Contract referenced above, the State hereby exercises its option to [Increase/Decrease] the quantity of the [Goods/Services or both] at the rates stated in the Original Contract, as amended. v.4.11 Page 43 of 44 11/12/24 C. %For use with Option 1(D):% In accordance with Section(s) [Number] of the Original Contract referenced above, the State hereby exercises its option to modify the Contract rates specified in [Exhibit/Section] [Number/Letter]. The Contract rates attached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter. D. %For use with Option 1(E):% In accordance with Section(s) [Number] of the Original Contract referenced above, the State hereby exercises its option to initiate Phase [indicate which Phase: 2, 3, 4, etc.,] which shall begin on [Insert start date] and end on [Insert ending date] at the cost/price specified in Section [Number]. E. %For use with all Options that modify the Contract Maximum Amount:% The Contract Maximum Amount table on the Contract’s Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown above. • OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller [or [_____], whichever is later]. Sample Only – Do Not Sign Signature page begins on next page. v.4.11 Page 44 of 44 11/12/24 STATE OF COLORADO Jared Polis, Governor [INSERT-Name of Agency or IHE] [INSERT-Name & Title of Head of Agency or IHE] By: Name & of Title Person Signing for Agency or IHE Date: _______________ STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Telly Belton/Toni Williamson/Amanda Rios Option Effective Date: _______________ In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated above by the State Controller or an authorized delegate. Sample Only – Do Not Sign Exhibit A Page 1 of 12 Exhibit A – Statement of Work Article 1 Purpose and Target Population 1.1 Purpose Co-Responder Programs (“Programs”) create and foster partnerships between behavioral health professionals and law enforcement, (which may include other first responders if necessary). Co-Responder Programs identify calls for police service where behavioral health (mental health and/or substance use) appear to be a relevant factor and then provide effective responses to individuals in crisis and those with behavioral health needs. The law enforcement officer and the behavioral health specialist’s combined expertise aims to improve de-escalation of situations, deflect individuals away from involvement with the criminal justice system and/or unnecessary hospitalization, and link them to appropriate services. Taking population density and other available resources into consideration, the program and team structure varies between locations to best meet the needs of the community and the partnering agencies. There are generally two approaches, a primary or secondary response model. A primary response is that which the clinician is paired with an officer for joint response, and typically the officer’s time is dedicated to the program; Secondary response is that which the clinician responds to requests from officers or dispatch and is not generally paired directly with an officer. The purpose of this project is to create, sustain, or expand Co-Responder Programs, which dispatch behavioral health Co-Responders along with law enforcement, or provide a joint secondary response on calls for service wherein behavioral health appears to be a relevant factor. The behavioral health provider can provide assessment, crisis intervention services, and referrals on scene. They may also provide follow-up and connections to additional resources when necessary. 1.2 Target Population Individuals who have been brought to the attention of law enforcement and appear to be experiencing a behavioral health crisis or who have other behavioral health needs, as determined by the awarded Contractor and their Program policies. This includes individuals at risk for low-level offenses, misdemeanor crimes, and individuals who have had repeated contact with law enforcement. The awarded Contractor may expand eligibility criteria to meet specific community needs. Exhibit A Page 2 of 12 Article 2 Definitions and Acronyms 2.1 “BAA” means Business Associate Agreement, as defined in Exhibit C - HIPAA Business Associate Addendum - Qualified Service Organization Addendum. 2.2 “BHA” means Behavioral Health Administration established in Section 27-50-102, C.R.S. 2.3 “CDHS” means Colorado Department of Human Services which is the principal department of the Colorado state government that operates the state's social services. 2.4 “Co-Responder Program” means Co-Responder Programs, which dispatch behavioral health Co-Responders along with law enforcement, or provide a joint secondary response on calls for service wherein behavioral health appears to be a relevant factor. 2.5 “Contract” means this statement of work, including all other Exhibits associated with this Request for Applications (RFA). Hereinto incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. 2.6 “Contractor” means the awarded party with whom the BHA will enter into an agreement. 2.7 “Critical Incident” means a situation in which death, physical assault and/or serious injuries are sustained by Program staff or clients that occurs during a Co-Responder intervention or response. 2.8 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996. 2.9 “Program” means Co-Responder program. 2.10 “Program/Project Manager” means the person responsible and accountable for managing the Contractor’s Co-Responder Program. 2.11 “Program Coordination Group” means the group that oversees the Program’s implementation and progress. 2.12 “RNR” means the Risk-Need-Responsivity model of assessment and treatment to determine risk of recidivism, criminogenic needs, and responsivity of interventions. 2.13 “Steering Committee” means the group responsible for guiding any changes or issues around the implementation and development of the Program. Exhibit A Page 3 of 12 Article 3 Activities and Services 3.1 Allowable Uses of Funding The Contractor may use funds to support, with the approval of BHA, items including but not limited to, the following: (a) Program personnel, project management and community engagement. (b) Temporary services and treatments necessary to stabilize a participant’s condition, including necessary housing. (c) Outreach. (d) Direct costs for services. (e) Specialized program training. (f) Dedicated law enforcement resources, including overtime required for participation in operational meetings and training. (g) Training and technical assistance from experts in the implementation of Co- Responder Services Programs in other jurisdictions. (h) Collecting and maintaining the data necessary for program evaluation. 3.2 Work Plan (a) The Contractor shall provide BHA with a Work Plan as part of the application, using the BHA-provided template, for review and approval. See RFA Exhibit G - Co- Responder Work Plan document. (b) The Contractor shall meet with BHA monthly to review progress on the work plan. (c) An updated Work Plan must be submitted on an annual basis, at a minimum, for review and approval. i. Report Title: Revised Work Plan ii. Deadline: Due 30 days from Contract Effective Date and annually thereafter iii. Deliverables: Program Manager shall provide email address during contract execution process 3.3 The Contractor shall respond to communications from the BHA within five (5) calendar days. 3.4 Start-up Period for Project Development The Contractor shall be permitted a start-up period of up to three (3) months from the date of execution of the contract. At the end of this period, the Contractor shall be expected to have all required program partnerships and contracts finalized and be ready Exhibit A Page 4 of 12 to begin program operations. If the Contractor is unable to implement the program within three months’ time, the Contractor will be placed on a performance improvement plan and the Contractor shall work with BHA on drafting and meeting this performance improvement plan. 3.5 Steering Committee (a) The Contractor shall develop and maintain a Steering Committee to oversee the implementation and ongoing development of the Program for the duration of the Contract term. The Steering Committee shall meet at least biannually to discuss, problem-solve and/or guide any changes or issues around the implementation and ongoing development of the Program. The Steering Committee shall include high- level, decision-making representatives from each of the key local stakeholder disciplines listed below: i. Lead law enforcement agency representative. ii. Behavioral health service provider representative. iii. Impacted individual and/or consumer or family member. iv. Local hospital representative and; v. Crisis Services representative. (b) The Contractor shall also include other entities in the Steering Committee, which in its determination, are integral to the success of the Program. Entities may include prosecutors, jail administrators, advocacy groups, and harm reduction agencies. (c) The Steering Committee shall be charged with the following: i. To perform an initial examination of the nature of the problem to help develop the Program’s objectives and design. ii. To consider how the Program relates to other local criminal justice or behavioral health partnerships that may be in place or are in the process of being established. iii. To support a forum for planning decisions during the implementation phase, and to provide ongoing leadership, problem-solving and design modifications throughout the life of the Program. iv. To designate appropriate staff to make up a Program Coordination Group. v. To identify any barriers to the Program’s success and help reduce and resolve the impacts of barriers on the Program (such as identification of facilities). Exhibit A Page 5 of 12 vi. To develop procedures to ensure that essential information is shared in an appropriate and timely manner. 1) Report Title: Steering Committee & Program Coordination Group Rosters 2) Deadline: Sixty (60) days after contract execution and as updated 3) Deliverables: cdhs_bhadeliverables@state.co.us 3.6 Program Coordination Group (a) The Contractor shall develop and maintain a Program Coordination Group to guide and support the Program operations. If the creation of two separate groups is unrealistic due to workforce and/or resource limitations, this Program Coordination Group may be the same as the Steering Committee. (b) The Program Coordination Group shall: i. Oversee officer and Program training implementation, as specified in Article 3.11 below. ii. Measure the Program’s progress toward achieving stated goals. iii. Resolve ongoing challenges to the Program’s effectiveness; and iv. Inform agency leaders and other policymakers of Program costs, developments, and progress. (c) The Contractor shall designate a law enforcement Program Champion within each partnering law enforcement agency to serve as the agency’s representative on the Program Coordination Group. 1) Report Title: Steering Committee & Program Coordination Group Rosters 2) Deadline: Sixty (60) days after contract execution and as updated 3) Deliverables: cdhs_bhadeliverables@state.co.us 3.7 Program Manager The Contractor shall select a Program/Project Manager (“Manager”), and establish the Manager’s role, responsibilities, and authority, which shall include support of the Steering Committee and the Program Coordination Group. The Program Manager is the point person for BHA through the life of the contract. The Contractor shall communicate via email to BHA any changes to the Manager’s contact information within one business day of change. 3.8 Project Director Contractor shall identify a Project Director who is employed by the Contractor and has decision making authority for the Contractor. The Project Director holds overall Exhibit A Page 6 of 12 responsibility for ongoing program administration and fiscal oversight initially and is the point of contact for BHA through the contracting process, if awarded. The Contractor shall communicate via email to BHA any changes to the Director’s contact information within one business day of change 3.9 Partnership Agreements The Contractor shall develop partnership agreements with other local criminal justice agencies, behavioral health agencies or government agencies, to address any key challenges inherent in multidisciplinary collaboration. Partnership agreements shall include a description of how partners collectively identified the need for the project, and individualized letters of support outlining each partner’s level of participation and commitment in the Program, responsibilities to the Program (policy and/or operational), resources they will contribute, and processes in collecting and sharing data. The Contractor, or any other party or partnership, does not have authority to negotiate or enter into any agreements on behalf of CDHS or the BHA. (a) Report Title: Partnership Agreement(s) (b) Deadline: Upon execution of a partnership agreement(s) (c) Deliverables: The Program Manager shall provide an email address during the contract execution process 3.10 Data Sharing Agreements The Contractor shall ensure a data-sharing Business Associates Agreement (“BAA”) is developed and put in place between the partner agencies, as applicable by law. The data- sharing agreement shall ensure that each partner agency complies with the terms of the HIPAA-BAA and 42 CFR Part 2. 3.11 Program, Policies, and Procedures (a) The Contractor shall develop and maintain Program policies and procedures, subject to BHA review and approval. (b) The Contractor shall submit a draft copy of each of the policies and procedures required under this Section 3.10 (Program Policies and Procedures), to BHA for review and comment. The Contractor shall work with BHA to resolve all comments from BHA and incorporate any agreed revisions in the final policies and procedures. i. Report Title: Program Policies and Procedures Document ii. Deadline: Draft document due to BHA ninety (90) days from Contract Effective Date. Final document due to BHA thirty (30) days from reviewed Exhibit A Page 7 of 12 draft sent from BHA to Contractor. Subsequent updates to policies and procedures due to BHA within ten (10) days of changes iii. Deliverables: Program Manager shall provide email address during contract execution process. (c) The Contractor shall ensure that specific policies and procedures are developed and implemented for the following aspects of the Program. i. Target Population and Eligibility Criteria The Contractor shall identify the target population, develop eligibility criteria, and develop Program policies to identify individuals who will be referred to the Program. The Contractor shall ensure that the referrals include individuals at risk for low-level offenses and misdemeanor crimes and individuals who have had repeated contact with law enforcement. The Contractor may expand eligibility criteria to meet specific community needs. ii. Call Taker and Dispatcher The Contractor shall develop, or ensure the development of, policies and procedures for call takers and dispatchers. These shall include, but are not limited to: 1) The specific information call takers must gather from calls. 2) Policies specifying the means by which dispatchers are informed of staffing patterns, including up to date information during shifts. 3) Clear definitions of the geographic coverage areas designated and eligible for law enforcement and behavioral health Co-Responder calls. (d) Stabilization, Observation, and Disposition The Contractor shall develop policies and procedures to help guide law enforcement officers and/or behavioral health Co-Responders resolve encounters with the least restrictive environment appropriate for the circumstances. (e) Transportation and Custodial Transfer The Contractor shall develop policies and procedures to help guide effective and efficient transportation and custodial transfers. The policies shall at a minimum: i. Identify facilities capable of assuming custodial responsibility, which are available at all times, have personnel qualified to conduct a behavioral health evaluation, and do not turn away people brought by law enforcement without specific reasons. Exhibit A Page 8 of 12 ii. Establish resources to connect individuals with, including friends, family members, peer support groups, or crisis centers, when available in non- custodial situations. iii. Engage the services of the individual’s current behavioral health provider or a crisis team. (f) Critical Incident Policy Contractor shall develop and maintain a policy for review of critical incidents (including death, physical assault and/or serious injuries sustained by Program staff or clients) (“Critical Incidents”) that occur during a Program intervention or response and adhere to Critical Incident Reporting in Section 3.18. (g) Information Exchange and Confidentiality The Steering Committee shall develop procedures to ensure that essential information is shared in an appropriate manner. Information shall be shared in a way that protects individuals’ confidentiality rights as treatment consumers and constitutional rights as possible defendants. Individuals with behavioral health disorders who have been in contact with a behavioral health agency should be offered an opportunity to provide consent in advance for behavioral health providers to share specified information with law enforcement authorities if an incident occurs (sometimes called an advance directive). 3.12 Program Training and Cross-Training (a) State Program Meeting Requirements. The Contractor shall attend an orientation session (mandatory only in the Contractor’s first year under the Program), monthly Program progress status meetings with the BHA manager, and other required Program meetings and training throughout the term of the Program. i. Report Title: Monthly Program Progress Status meetings ii. Deadline: Monthly (day and time shall be mutually agreed upon after contract execution) iii. Deliverables: Program Manager shall provide virtual meeting link upon identifying mutually agreed upon day and time (b) Contractor Training The Contractor shall provide necessary training for Contractor’s Program to include: Exhibit A Page 9 of 12 i. Officer Training The Contractor shall provide officer training to improve officers’ responses to people with behavioral health needs and to educate officers on the Program. The Contractor shall determine the amount of training necessary to ensure, at a minimum, that there is a group of officers sufficient to cover all time shifts and geographic districts. ii. Cross-Training The Contractor shall provide opportunities to behavioral health personnel and other stakeholders to help improve cross-system understanding of agencies’ roles and responsibilities, law enforcement issues, program policies and procedures, information sharing, safety, and other opportunities to see policies translated into action. 3.13 Service Area The Contractor shall define the service area that best meets the community’s needs and submit to BHA for approval. 3.14 Individualized Service Provision The Contractor’s Program shall link individuals referred to or contacted by the Program to community-based behavioral health supports and services, as appropriate. 3.15 The Non-Displacement of Resources The Contractor shall ensure Program participants do not receive preferential access to resources if it would prevent others on waitlists, or who had previously secured a resource, from being served. 3.16 Evidence-Based Practices The Contractor shall use evidence-based and promising practices within the screening and service delivery structure, as appropriate, to support effective outcomes. The use of a risk/need/responsivity (RNR) model is encouraged to assess various factors such as substance use disorders, mental illness, cognitive or physical impairments, financial issues, family dynamics, housing instability, developmental disabilities, low literacy levels, and lack of reliable transportation, all of which may need to be addressed to support success. 3.17 Staff Time Tracking and Invoicing The Contractor shall ensure expenses and staff time are tracked and invoiced separately for each Program or funding stream. 3.18 Subcontractor or Partnership Contract Execution and Termination Exhibit A Page 10 of 12 The Contractor shall submit all their subcontract copies related to this project to cdhs_bhadeliverables@state.co.us upon execution of the contract or within thirty (30) days of subcontract execution. In the event of a termination of a partnership with a subcontractor, such as a case management, service provider, or individuals providing these services internally the Contractor shall transition to a new partnership no later than thirty (30) days from termination to ensure continuity of care for all participants of the Program. The Contractor shall communicate any subcontractor termination via email to the BHA Program Manager within one (1) business day. (a) Report Title: Subcontractor Executed Copies (b) Deadline: Upon execution of subcontracts (c) Deliverables: cdhs_bhadeliverables@state.co.us 3.19 Critical Incident Reporting If a Critical Incident (including death, physical assault and/or serious injuries sustained by Program staff or clients) occurs during a Co-Responder intervention or response, the Contractor shall make the appropriate selection on the BHA data collection form and inform the BHA Program Manager within three (3) days to determine any additional actions. 3.20 Period of Performance From contract execution - June 30, 2026. Potential renewal of contract is subject to approval by the BHA Program Manager for each state fiscal year, if funding allows, and is subject to compliance and contract performance. State fiscal years end on June 30th. New fiscal years begin July 1st. Article 4 Minimum Qualifications 4.1 The Contractor shall create, sustain, or expand a Co-Responder program in the community they serve. 4.2 The Contractor shall partner with behavioral health specialists to best meet the needs of the community and partnering agencies, taking population density and other available resources into consideration. 4.3 Behavioral health Co-Responders shall be dispatched along with law enforcement or may provide a joint secondary response on these calls. Exhibit A Page 11 of 12 4.4 The behavioral health provider shall offer assessment and crisis intervention services at the scene, provide referral information to the individual, and provide follow-up, when necessary. 4.5 The Contractor shall implement and maintain the Program for its community by collaborating with key stakeholders to ensure service delivery, training, and resource coordination. 4.6 The Contractor shall collect data, measure outcomes, and report Program outcomes to the State to assist in determining the effectiveness of the Program. (a) Report Title: Monthly data reporting (b) Deadline: Fifteen (15) days after the end of the reporting month (c) Deliverables: cdhs_bhadeliverables@state.co.us Article 5 Deliverables 5.1 Deliverables Table The Contractor shall provide the deliverables in accordance with the dates outlined in the table below to cdhs_bhadeliverables@state.co.us, unless otherwise specified. Deliverable deadlines occurring after contract end date are contingent upon contract renewal. Deadlines may be altered administratively. Deliverable (emailed to cdhs_bhadeliverables@state.co.us) Deadline Contract Reference Revised Work Plan Due 30 days from Contract Effective Date and annually thereafter Exhibit A, SOW, Article 3.2 Program Policies and Procedures Document During implementation phase: 1. Draft document due to BHA ninety (90) days from Contract Effective Date. 2. Final document due to BHA thirty (30) days from reviewed draft sent from BHA to Contractor. Exhibit A, SOW, Article 3.10 Exhibit A Page 12 of 12 Subsequent updates to policies and procedures due to BHA within ten (10) days of changes. Partnership agreement(s) copies Upon execution of partnership agreement(s) Exhibit A, SOW, Article 3.8 Monthly Progress Status Meeting Monthly Exhibit A, SOW, Article 3.11 Data reporting (Using BHA provided template upon the contract execution) Fifteen (15) days after the end of the reporting month Exhibit A, SOW, Article 4.6 Subcontract(s) copies Upon execution of subcontract(s) Exhibit A, SOW, Article 3.17 Steering Committee and Policy Coordination Group Member Rosters Sixty (60) days after contract execution and as updated Exhibit A, SOW, Articles 3.5 and 3.6 Article 6 Performance Outcome Measures 6.1 Measure: Number of referrals received and responded to by Program Outcome Goal: Of the total number of Program referrals, 70% or more will receive a response. 6.2 Measure: Number of calls that do not result in arrest. Outcome Goal: Of the total number of active Co-Responder calls, 90% or more will not result in arrest when there is no cause for mandatory arrest (at the discretion of the officer). 6.3 Measure: Number of interventions, services and resource linkage provided to individuals contacted by the Program. Outcome Goal: Of the total number of individuals contacted, 70% will receive one or more intervention, service, or linkage to resources. EXHIBIT B BHA Program Co-Responder Program Project Name LINC-EPPD (Larimer Interagency Network of Co- Responders-Estes Park Police Department) Annual Budget Position Title Gross or Annual Salary Fringe Percent of Time on Project Total Amount Re uested from BHA -$ Annual Budget Position Title Hourly Wage Hourl Frin e Total # of Hours on Project Total Amount Re uested from BHA -$ -$ Annual Budget Contractor Name Rate Quantity Total Amount Requested from BHA SummitStone Health Partners $ 12,678.42 12 152,141.00$ -$ 152,141.00$ Annual Budget Item Rate Quantity Total Amount Re uested from BHA -$ -$ Annual Budget Item Rate Quantity Total Amount Re uested from BHA Budget Period FY 26: 07.01.2025 - 06.30.2026 Fiscal Contract Name, Title Sharla Beesley, Grant Coordinator Phone 970-577-3708 Email sbeesley@estes.org EXHIBIT B, FY26 ANNUAL BUDGET Agency Name Town of Estes Park Program Contact Name, Title Ian Stewart, Chief of Police Phone 970-577-3825 Email istewart@estes.org Date Completed 1/8/2025 All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred. EXPENDITURE CATEGORIES Personnel Services / Salaried Employees Description of Work Personnel Services / Hourly Employees Description of Work Total Personnel Services (including fringe benefits) Contractors / Consultants (payments to third parties or entities) Description of Work Contracted staff to provide Co-Responder Program Services, including clinical, case management and peer specialist behavioral health staff; Clinicians co-respond with officers in-person, provide assessments, referrals, consultation and psychoeducation; Case manager coordinates referrals, does outreach, engagement and follow up; Peer Specialist provide specialized support through lived experience; Budget also includes allocation for costs related to program/staff training, necessary travel, EHR, support staff and clinical costs. Total Contractors/Consultants Travel Description of Item Total Travel Supplies & Operating Expenses Description of Item Page 1 of 2 Revised: 04_06_2023 EXHIBIT B -$ -$ 152,141.00$ -$ -$ -$ -$ -$ 152,141.00$ Annual Budget Indirect Cost Percenta e Total Amount Re uested Drop Down Box -$ -$ 152,141.00$ Total Supplies & Operating Expenses TOTAL DIRECT COSTS (TDC) Exclusions from Indirect Cost Base expenses per OMB 2CFR § 200 Subaward in excess of $25,000 Rent Describe what the cost includes and the use of allowance Total Indirect TOTAL Request The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation for Equipment in excess of $5,000 Other Unallowable Expenses Total Expenses per OMB 2CFR § 200 MODIFIED TOTAL DIRECT COSTS (MTDC) Indirect Costs Description of Item Page 2 of 2 Revised: 04_06_2023 Exhibit C Page 1 of 7 Exhibit C – Miscellaneous Provisions I. General Provisions and Requirements A. Finance and Data Protocols The Contractor shall comply with the Behavioral Health Administration’s (BHA) most current Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines, made a part of this Contract by reference. B. Marketing and Communications The Contractor shall comply with the following marketing and communications requirements: 1. Reports or Evaluations. All reports or evaluations funded by BHA must be reviewed by BHA staff, including program, data, and communications, over a period of no fewer than fifteen business days. The Contractor may be asked to place a report or evaluation on a BHA template and the report or evaluation is required to display the BHA logo. The Contractor shall submit the finished document to BHA in its final format and as an editable Word or Google document. 2. Press Releases. All press releases about work funded by BHA must note that the work is funded by the Colorado Department of Human Services, Behavioral Health Administration. Press releases about work funded by BHA must be reviewed by BHA program and communications staff over a period of no fewer than five business days. 3. Marketing Materials. Contractor shall include the current Colorado Department of Human Services, Behavioral Health Administration logo on any marketing materials, such as brochures or fact sheets, that advertise programs to be funded by this Contract. Contractor shall submit marketing materials to BHA Communications Team for approval prior to release. BHA’s Communications Team shall provide feedback or approval within five business days 4. All Other Documents. All other documents published by the Contractor about its BHA-funded work, including presentations or website content, should mention the Colorado Department of Human Services, Behavioral Health Administration as a funder. Exhibit C Page 2 of 7 5. Opinion of BHA. BHA may require the Contractor to add language to documents that mention BHA reading: “The views, opinions and content expressed do not necessarily reflect the views, opinions or policies of the Colorado Department of Human Services, Behavioral Health Administration.” C. Start-Up Costs If the State reimburses the Contractor for any start-up costs and the Contractor closes the program or facility within three years of receipt of the start-up costs, the Contractor shall reimburse the State for said start-up costs within sixty days of the closure. The Contractor is not required to reimburse the State for start-up costs if the facility or program closure is due to BHA eliminating funding to that specific program and/or budget line item. D. Immediate Notification of Closures or Reductions in Force If the Contractor intends to close a facility or program, it shall notify the BHA Contracts Unit at least five business days prior to the closure. Similarly, if the Contractor, or any sub-contractor provider, intends to conduct a reduction in force which affects a program funded through this contract, the Contractor shall notify the BHA Contracts Unit at least five business days prior to the layoffs. E. Licensing and Designation Database Electronic Record System (LADDERS) The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as required by rule to submit applications for BHA licensing and designation, keep current all provider directory details, and submit policies and procedures. F. Contract Contact Procedure The Contractor shall submit all requests for BHA interpretation of this Contract or for amendments to this Contract to the BHA Contract Manager. G. Procurement Requirement The Contractor shall comply with all the provisions and requirements of RFP,IBEH,202500000152 and with Contractor’s solicitation response thereto. Exhibit C Page 3 of 7 H. Continuity of Operations Plan 1. In the event of an emergency resulting in a disruption of normal activities, BHA may request that Contractor provide a plan describing how Contractor will ensure the execution of essential functions of the Contract, to the extent possible under the circumstances of the inciting emergency (“Continuity of Operations Plan” or “Plan”). 2. The Continuity of Operations Plan must be specific and responsive to the circumstances of the identified emergency. 3. BHA will provide formal notification of receipt of the Continuity of Operations Plan to the Contractor. 4. The Continuity of Operations Plan will not impact or change the budget or any other provisions of the contract, and Contractor's performance will be held to the same standards and requirements as the original Contract terms, unless otherwise specified in the Continuity of Operations Plan. a. Any submitted Continuity of Operations Plan will be ratified as an amendment to the contract as soon as possible. 5. Contractor shall communicate, in a format mutually agreed upon by BHA and Contractor staff, on a frequency that supports the monitoring of services under the Continuity of Operations Plan. If adjustments are needed to the Plan, such adjustments will be made in writing and accompanied by written notice of receipt from BHA. a. As part of the BHA/Contractor communication during the emergency, Contractor and BHA will evaluate whether the emergency has resolved such that normal operations may be resumed. b. Contractor and BHA will agree in writing when the emergency is sufficiently resolved and agree to a closeout period that is four weeks or less. c. BHA will submit notice accepting the termination of the Continuity of Operations Plan to the Contractor as the final action for any qualifying emergency response. Exhibit C Page 4 of 7 I. Cultural Responsiveness in Service Delivery 1. The Behavioral Health Administration expects funding dollars to support equity in access, services provided, and behavioral health outcomes among individuals of all cultures, gender identities, sexual orientations, races, and ethnicities. Accordingly, Contractors should collect and use data to: (1) identify priority populations vulnerable to health disparities encompassing the contractor's entire geographic service area (e.g., racial, ethnic, limited English speaking, indigenous, sexual orientation, gender identity groups, etc.) and (2) implement strategies to decrease the disparities in access, service use, and outcomes— both within those subpopulations and in comparison to the general population. 2. One strategy for addressing health disparities is the use of the recently revised National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care (CLAS). The U.S. Department of Health and Human Services (HHS) Think Cultural Health website (https://thinkculturalhealth.hhs.gov) also features information, continuing education opportunities, resources, and more for health and health care professionals to learn about culturally and linguistically appropriate services, or CLAS. 3. Contractors providing direct behavioral health prevention, treatment, or recovery services shall submit one of the following two documents to cdhs_BHAdeliverables@state.co.us by August 31 annually: a. If a provider has completed an equity plan that identifies how they will address health equity, they can submit the plan or b. Submit a completed CLAS checklist that follows this HHS format: https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChec klistfortheNationalCLASStandards.pdf Exhibit C Page 5 of 7 J. Prohibition on Marijuana Funds may not be used, directly or indirectly, to purchase, prescribe, or provide marijuana or treatment using marijuana. Treatment in this context includes the treatment of opioid use disorder. Funds also cannot be provided to any individual who or organization that provides or permits marijuana use for the purposes of treating substance use or mental disorders. This prohibition does not apply to those providing such treatment in the context of clinical research permitted by the DEA and under an FDA-approved investigational new drug application where the article being evaluated is marijuana or a constituent thereof that is otherwise a banned controlled substance under federal law. K. Monitoring Requirements If the Contractor is a subrecipient of federal funds, the Contractor shall comply with monitoring requirements indicated by the Contractor’s risk level determined by the subrecipient risk assessment form completed by Contractor, which may include but are not limited to: 1. Monthly or quarterly monitoring calls 2. Invoice supporting documentation, for example: timesheets, logs of travel, or wraparound service costs 3. Routine programmatic reports 4. Technical assistance and training 5. Site visits II. Use of Subcontracts A. Services described in this Contract may be performed by Contractor or by a subcontractor, except where this Contract states explicitly that a service must not be subcontracted. B. Contractor shall ensure that its subcontractors perform to the terms of this Contract as set forth in the Contract provisions. C. Any subcontract for services must include, at a minimum, the following: D. The Contractor shall provide to BHA a copy of any proposed subcontract between the Contractor and any potential provider of services to fulfill any requirements of this Contract, to cdhs_BHAdeliverables@state.co.us within thirty days of subcontract execution. Exhibit C Page 6 of 7 1. A description of each partner’s participation 2. Responsibilities to the program (policy and/or operational) 3. Resources the subcontractor will contribute, reimbursement rates, services to be included and processes in collecting and sharing data and the most recent CDHS version of the HIPAA Business Associates Addendum, if this Contract contains the HIPAA Business Associates Addendum/Qualified Service Organization Addendum as an exhibit 4. A copy of this Contract and all its terms and conditions E. BHA reserves the right to require Contractor to renegotiate subcontracts where necessary to adhere to the terms of this Contract. F. Subcontractor/Partnership Termination. In the event where partnerships with a subcontractor such as a treatment provider is terminated, the Contractor shall transition to a new partnership no later than thirty days from termination to ensure continuity of care for all participants of the program. III. Financial Requirements A. Funding Sources The Contractor shall identify all funds delivered to subcontractors as state general fund, state cash funds, or federal grant dollars in Exhibit B, “Budget.” If federal grant dollars, the Contractor shall communicate the CFDA number to all sub- contractors in their sub-contracts. B. Program Income Program income generated through grant funded programs are additive funding that must be utilized for a consistent purpose as outlined in 2 CFR 200.307(e)(2). If Contractor charges and receives fees for services, or otherwise receives income associated with the sponsored program, this is considered program income and is required to be tracked and managed in accordance with the conditions of the award. C. Budget Reallocations The Contractor may reallocate funds between the budget categories of this contract, up to ten percent of the total contract amount, upon written approval by BHA, without a contract amendment. Any allowable reallocation is still subject to the limitations of the Not to Exceed and the Maximum Amount Available per Fiscal Year. Exhibit C Page 7 of 7 D. Payment Terms 1. The Contractor shall invoice monthly for services, no later than the twentieth of the month following when services are provided. 2. The Contractor shall utilize the invoice template(s) provided by BHA. Contractor shall comply with the invoicing instructions contained within the invoice template, and requests for supporting documentation. 3. All payment requests shall be submitted electronically to CDHS_BHApayment@state.co.us. 4. Year-end invoice estimates are due by June 15th. Final invoice requests in excess of the submitted estimates are payable contingent on available funds. 5. Final invoices are due no later than August 30th. 6. If the Contractor is a recipient of Federal Funds, final invoices are due no later than forty-five days after the end date of the grant. 7. Invoices for the prior fiscal year received by August 30th which require revisions must be final by September 10th or they may not be paid. 8. Any requests for payment received after September 10th for the prior state fiscal year or after December 10th for the prior federal fiscal year cannot be processed by BHA. 9. The State will make payment on invoices within forty-five days of receipt of a correct and complete invoice to CDHS_BHApayment@state.co.us. Consequently, the Contractor must have adequate solvency to pay its expenses up to forty-five days after invoice submission to the State. Exhibit D Page 1 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 Exhibit D - HIPAA Business Associate Agreement This HIPAA Business Associate Agreement (“Agreement”) between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as “Covered Entity” and the Contractor is referred to as “Business Associate”. Unless the context clearly requires a distinction between the Contract and this Agreement, all references to “Contract” shall include this Agreement. 1. Purpose Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) enacted under the American Recovery and Reinvestment Act of 2009 (“ARRA”) Pub. L. No. 111–5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the “HIPAA Rules”) and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations (“C.F.R.”) and all other applicable laws and regulations, all as may be amended. 2. Definitions The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: A. Business Associate. “Business Associate” shall have the same meaning as the term “business associate” at 45 C.F.R. 160.103, and shall refer to Contractor. B. Covered Entity. “Covered Entity” shall have the same meaning as the term “covered entity” at 45 C.F.R. 160.103, and shall refer to the State. C. Information Technology and Information Security. “Information Technology” and “Information Security” shall have the same meanings as the terms Exhibit D Page 2 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 “information technology” and “information security”, respectively, in §24-37.5- 102, C.R.S. Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3. Obligations and Activities of Business Associate A. Permitted Uses and Disclosures. B. Business Associate shall use and disclose PHI only to accomplish Business Associate’s obligations under the Contract. C. To the extent Business Associate carries out one or more of Covered Entity’s obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. D. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: E. the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; F. the person notifies Business Associate of any Breach involving PHI of which it is aware. G. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de-identify any or all PHI created or received by Business Associate under this Agreement, provided the de-identification conforms to the requirements of the HIPAA Rules. H. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). I. Impermissible Uses and Disclosures. J. Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. Exhibit D Page 3 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 K. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. L. Business Associate's Subcontractors. M. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. N. Business Associate shall provide to Covered Entity, on Covered Entity’s request, a list of Subcontractors who have entered into any such agreement with Business Associate. O. Business Associate shall provide to Covered Entity, on Covered Entity’s request, copies of any such agreements Business Associate has entered into with Subcontractors. P. Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such system including, but not limited to, any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. Q. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.524. R. Amendment of PHI. S. Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. 164.526. T. Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. U. Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Exhibit D Page 4 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. V. Restrictions and Confidential Communications. W. Business Associate shall restrict the Use or Disclosure of an Individual’s PHI within ten days of notice from Covered Entity of: X. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or Y. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. Z. Business Associate shall not respond directly to an Individual’s requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. AA. Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. BB. Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. CC. Audit, Inspection and Enforcement. DD. Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. EE. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity’s efforts to audit Business Associate’s compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate’s conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. FF. Appropriate Safeguards. Exhibit D Page 5 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 GG. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. HH. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. II. Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. JJ. Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de-identified in conformance to the requirements of the HIPAA Rules. KK. Safeguard During Transmission. LL. Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. MM. Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS-compliant encryption algorithm. NN. Reporting of Improper Use or Disclosure and Notification of Breach. OO. Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. PP. Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. QQ. Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. RR. Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. Exhibit D Page 6 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 SS. Business Associate’s Insurance and Notification Costs. TT. Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: UU. loss of PHI data; VV. Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and WW. claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. XX. All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). YY. Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. ZZ. Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. AAA. Subcontractors and Breaches. BBB. Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. CCC. Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. DDD. Data Ownership. EEE. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. FFF. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Exhibit D Page 7 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. GGG. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4. Obligations of Covered Entity A. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. A. Notice of Changes. B. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate’s permitted or required uses or disclosures. C. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate’s permitted use or disclosure of PHI. 5. Termination A. Breach. B. In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. C. Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. D. Effect of Termination. E. Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, Exhibit D Page 8 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. i. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. F. If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. 6. Injunctive Relief Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. 7. Limitation of Liability Any provision in the Contract limiting Contractor’s liability shall not apply to Business Associate’s liability under this Agreement, which shall not be limited. 8. Disclaimer Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate’s own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9. Certification Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate’s facilities, systems, procedures, and records, at Covered Entity’s expense, if Covered Entity determines that examination is necessary to Exhibit D Page 9 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 certify that Business Associate’s Information Security safeguards comply with the HIPAA Rules or this Agreement. 10. Amendment A. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. B. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate’s Subcontractors and agents that they shall adequately safeguard all PHI. i. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. C. Covered Entity may terminate this Agreement upon 30 days’ prior written notice in the event that: D. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or E. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity’s sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. F. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. Exhibit D Page 10 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 11. Assistance in Litigation or Administrative Proceedings Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12. Interpretation and Order of Precedence Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13. Survival Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Exhibit D Page 11 of 11 HIPAA BAA Rev August 2018 / Acc 11.12.24 Appendix to HIPAA Business Associate Agreement This Appendix (“Appendix”) to the HIPAA Business Associate Agreement (“Agreement”) is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to “Contract” or “Agreement” shall include this Appendix. 1. Purpose This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked as “Reserved” shall be construed as setting forth no additional terms. 2. Additional Terms A. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i. Reserved. B. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i. Reserved. C. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i. Reserved. D. Definition of Receipt of PHI. Business Associate’s receipt of PHI under this Contract shall be deemed to occur, and Business Associate’s obligations under the Agreement shall commence, as follows: i. Reserved. E. Additional Restrictions on Business Associate. Business Associate agrees to comply with the following additional restrictions on Business Associate’s use and disclosure of PHI under the Contract: i. Reserved. F. Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement: i. Reserved. EXHIBIT B BHA Program Co-Responder Program Project Name LINC-EPPD (Larimer Interagency Network of Co- Responders-Estes Park Police Department) Annual Budget Position Title Gross or Annual Salary Fringe Percent of Time on Project Total Amount Re uested from BHA Annual Budget Position Title Hourly Wage Hourl Frin e Total # of Hours on Pro ect Total Amount Re uested from BHA -$ -$ Annual Budget Contractor Name Rate Quantity Total Amount Requested from BHA SummitStone Health Partners $ 12,678.42 12 152,141.00$ -$ 152,141.00$ Annual Budget Item Rate Quantity Total Amount Re uested from BHA Budget Period FY 26: 07.01.2025 - 06.30.2026 Fiscal Contract Name, Title Sharla Beesley, Grant Coordinator Phone 970-577-3708 Email sbeesley@estes.org EXHIBIT B, FY26 ANNUAL BUDGET Agency Name Town of Estes Park Program Contact Name, Title Ian Stewart, Chief of Police Phone 970-577-3825 Email istewart@estes.org Date Completed 1/8/2025 All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred. EXPENDITURE CATEGORIES Personnel Services / Salaried Employees Description of Work Personnel Services / Hourly Employees Description of Work Total Personnel Services (including fringe benefits) Contractors / Consultants (payments to third parties or entities) Description of Work Contracted staff to provide Co-Responder Program Services, including clinical, case management and peer specialist behavioral health staff; Clinicians co-respond with officers in-person, provide assessments, referrals, consultation and psychoeducation; Case manager coordinates referrals, does outreach, engagement and follow up; Peer Specialist provide specialized support through lived experience; Budget also includes allocation for costs related to program/staff training, necessary travel, EHR, support staff and clinical costs. Total Contractors/Consultants Travel Description of Item Page 1 of Revised: 04_06_2023 ATTACHMENT 3 EXHIBIT B -$ -$ Annual Budget Item Rate Quantity Total Amount Re uested from BHA -$ -$ -$ -$ 152,141.00$ -$ -$ -$ -$ -$ 152,141.00$ Annual Budget Indirect Cost Percenta e Total Amount Re uested Drop Down Box -$ -$ 152,141.00$ Total Travel Supplies & Operating Expenses Description of Item Total Supplies & Operating Expenses TOTAL DIRECT COSTS (TDC) Exclusions from Indirect Cost Base expenses per OMB 2CFR § 200 Subaward in excess of $25,000 Rent Describe what the cost includes and the use of allowance Total Indirect TOTAL Request The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation for E ui ment in excess of $5,000 Other Unallowable Ex enses Total Expenses per OMB 2CFR § 200 MODIFIED TOTAL DIRECT COSTS (MTDC) Indirect Costs Description of Item Page 2 of Revised: 04_06_2023 Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 13, 2025 RE: Revised Town Board Policy 101 – Board Assignments PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER - Policy QUASI-JUDICIAL YES NO Objective: To update the Town Board appointments to the Visit Estes Park (VEP) Board as outlined in Policy 101. Present Situation: The Town Board held a joint meeting with the Larimer County Commissioners on May 6, 2025 to discuss the current VEP Board and its operations. During the discussion it was noted that the 2019 Intergovernmental Agreement between the Town and the County regarding the governance, administration, and operation of the Local Marketing District (VEP) outlines in section 5.3.1 the option for up to two members of the Town Board to serve as VEP Board members as outlined in the image below. On March 26, 2025, the Town received a resignation letter from Rich Chiappe who was reappointed to the VEP Board in November 2023 by the Town Board with a term expiring December 31, 2027. This opening was not advertised because of the upcoming meeting with the Town and the County to discuss the VEP Board. Proposal: During the May 6, 2025 meeting, Mayor Hall stated he would be willing to serve as the second Town Board member on the VEP Board and fill the open position. Policy 101 TOWN CLERK’S OFFICE has been updated to reflect this change for the Board’s consideration. If approved by the Board, the Mayor would serve in this roll until the next election in April 2026. Advantages: • Provides additional oversite of the VEP Board by the Town Board. • Fills the current vacant seat on the VEP Board to ensure a quorum can be achieved for VEP Board meetings. Disadvantages: • None. Action Recommended: Approve the revisions to Policy 101. Finance/Resource Impact: None Level of Public Interest: Medium Sample Motion: I move to approve Policy 101 as revised. I move to deny Policy 101 as revised. Attachments: 1. Policy 101 Division of Responsibilities – Redlined Division of Responsibilities 03/25/202505‐13‐2025 Revisions: 198 Town of Estes Park, Town Board Governance Policies Page 1 of 4 Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: 03/2505/13/2025 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 1.Purpose: The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2.Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a)Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3.Assignment To Committees of The Board of Trustees (committees comprised solely of members of the Board of Trustees) a)Assignments to Audit Committee: At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) b)Assignment to Special Committees: Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Estes Park Municipal Code 2.08.020) 4.Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) 5.Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has been Division of Responsibilities 03/25/202505‐13‐2025 Revisions: 198 Town of Estes Park, Town Board Governance Policies Page 2 of 4 approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 6.Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board”. 7.Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8.Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 9.Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment shall be approved by the Town Board, with preference for the Utilities Director per PRPA Resolution 07-19. Division of Responsibilities 03/25/202505‐13‐2025 Revisions: 198 Town of Estes Park, Town Board Governance Policies Page 3 of 4 Board Assignments Mayor Pro-Tem - _Trustee Cenac_ _____________ Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Park Planning Commission Trustee Lancaste Steve Careccia Advisory/ Decision Makin Estes Park Board of Ad ustment Trustee Brown Steve Careccia Decision Makin Rooftop Rodeo Committee Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Inc. n/a Derek Fortini Outside Police uxiliar Trustee I el Ian Stewart Workin Group Transportation Advisor Board Trustee I el Gre Muhonen dvisor Estes Valley Restorative Justice Trustee Hazelton Melissa Westover Interim Working Group Estes Park Board of Appeals Trustee Youn lund Steve Careccia Advisory/ Decision Makin Sister Cities Trustee Youn lund n/a Working Group Estes Park Housing Authority Board of Commissioners Trustee Brown n/a Outside Division of Responsibilities 03/25/202505‐13‐2025 Revisions: 198 Town of Estes Park, Town Board Governance Policies Page 4 of 4 Committee or Board Appointed Member s Staff Liaison Type of Committee Audit Committee Mayor Hall Mayor Pro Tem Cenac Trustee Brown Travis Machalek Advisory Colorado Association of Ski Towns (CAST) Voting Designee – Trustee Cenac Alt Designee – Trustee Hazelton n/a Outside Platte River Power Authority Board of Directors Mayor Hall Reuben Ber sten Outside Estes Chamber of Commerce Economic Development and Workforce Council Trustee Brown & TA Machalek or Desi nee n/a Outside Larimer County Regional Opioid batement Council Trustee Younglund expires 02/14/2027 Outside Local Marketing District (Visit Estes Park Trustee Hazelton Ma or Hall n/a Outside Regional Transportation Infrastructure Fundin Task Force Trustee Igel n/a Outside Larimer County Behavioral Health Policy Council Mayor Hall n/a Outside ___________________________________ Gary Hall, Mayor ______ Date Mayor Pro Tem Cenac was appointed at meeting ADMINISTRATION To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing and Childcare Manager Date: May 13, 2025 RE: 2024 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Funds Objective: Presentation of the 2024 Impact Report demonstrating the financial distribution and impact of 6E Lodging Tax funds for housing and childcare. Present Situation: On an annual basis, the Town of Estes Park provides a detailed impact and financial report on the revenue and expenditure from the previous year’s distribution of Lodging Tax Exension (6E) funds to support housing and childcare for the Estes Valley workforce. The report is focused on the outcomes and effectiveness of the funded programs, as well as the management and oversight of 6E funds. This document serves as a continuation of the Annual Workforce Housing and Childcare Funding Plan (Annual 6E Funding Plan), approved annually by the Town of Estes Park, Larimer County Commissioners, and Visit Estes Park. Proposal: Consider the data and information presented in the Annual Impact Report. Advantages: •Public reporting on tax revenue demonstrates transparency and effective distribution and expenditures of funds. Disadvantages: None. Action Recommended: Staff recommends that the Town Board receive the 2024 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Funds. Finance/Resource Impact: N/A Level of Public Interest Moderate Attachments: 1.2024 Impact Report for 6E Workforce Housing and Childcare Lodging Tax Impact Report 2024 6E Workforce Housing and Childcare Lodging Tax ATTACHMENT 1 Table Of Content Purpose Our Team About 6E Lodging Tax 2024 Financial Review Financial Statement Childcare Initiatives Housing Initiatives 2025 Financial Outlook Final Summary Appendix A Housing 6E Transfer Appendix B Childcare Distribution Appendix C Resources 1 2 3 5 8 9 14 19 20 21 22 23 Annually, the Town of Estes Park provides a detailed impact and financial report on the revenue and expenditures from the previous year’s distribution of Lodging Tax Extension (6E) funds to support housing and childcare for the Estes Valley workforce. This report is focused on the outcomes and effectiveness of the funded programs, as well as the management and oversight of the 6E funds. It provides a comprehensive understanding of how resources are being allocated and how desired outcomes are being achieved. It is a continuation of the Annual Workforce Housing and Childcare Funding Plan (Annual Funding Plan), approved by the Town of Estes Park, Larimer County Commissioners, and Visit Estes Park. Purpose 2024 Impact Report 1 Carlie Speedlin Bangs SCOTT MOULTON Housing and Childcare Manager ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK Executive Director Our Team PETE LEVINE ESTES PARK HOUSING AUTHORITY Real Estate Development Director JEFF MABRY ESTES PARK HOUSING AUTHORITY Housing Program Manager (970) 577-3894 cbangs@estes.org (970) 591-2535 smoulton@estes.org 2024 Impact Report 2 In November 2022, residents of the Estes Valley within the Visit Estes Park Local Marketing District voted to approve Ballot Initiative 6E to increase the lodging tax rate from 2% to 5.5%. This increase to the lodging tax projected approximately $5 million in annual revenue dedicated to addressing workforce housing and childcare needs in the Estes Valley. During its first full year receiving 6E revenue in 2023, the Estes Valley received $5,309,126 of the projected $5,375,000 from the 6E Lodging Tax Extension. In coordination with Larimer County, the Town of Estes Park is charged with being the recipient of the funds and deciding how best to administer the revenue. As the passthrough organization for 6E funds, the Town established the role of Housing and Childcare Manager to coordinate and provide oversight to partnerships, programs, and processes related to the stewardship of the tax dollars. To address the workforce housing objectives of the ballot initiative, the Town identified the Estes Park Housing Authority (EPHA) as the recipient of 6E funds in July 2023 via a memorandum of understanding with the Town. The remaining funds not transferred to EPHA are retained by the Town and administered by the Housing and Childcare Manager for childcare. All 6E fund distribution must be aligned with the original ballot language and in accordance with the Intergovernmental Agreement between Larimer County and the Town of Estes Park, and the adopted Annual Funding Plan. About 6E Lodging Tax 2024 Impact Report More information about “The Tax You Don’t Pay” lodging tax extension can be found HERE The Annual Impact Report provides a summary of the previous year’s distribution of 6E Funds, acting as a crucial tool for assessing and ensuring the effective distribution and use of Lodging Tax dollars. The Annual Impact Report provides a comprehensive understanding of how resources are being allocated and results are being achieved. The Annual Impact Report is provided on a yearly basis in Q1, by April 30. Due to remittance on these funds, the final distribution of the previous year’s tax revenue isn’t received until three months later. For example, December 2024 funds were not received by the Town of Estes Park until March 2025. The annual timeline for the planning and reporting on 6E Funds demonstrates robust outreach, transparency, and accountability of funds. Q1 Q2 Q3 Q4 EOY Annual Impact Report summarizes the previous year’s distribution of funds Town of Estes Park Strategic Planning Process directs next year’s budget, including 6E Funds Stakeholder Outreach for the Annual Funding Plan Local Marketing District, County, and Town consider the approval of the Annual Funding Plan Final Approval of the Annual Funding Plan Timeline 2024 Impact Report 4 September 19% June 16.1% July 15.4% August 11.3% October 7.1% May 6.2% December 5.8%March 4.7% April 3.9% February 3.4% January February March April May June July August September October November December November January 5 2024 Financial Review The Estes Park Local Marketing District (dba Visit Estes Park) was established in 2009 for the purpose of promoting tourism in the Estes Park area in order to support our vibrant mountain town with a balance of business success, positive and memorable experiences for guests and a meaningful quality of life for our community. Tourism is essential to the local economy, bringing in nearly $18 million in sales tax revenue in 2024 because of nearly 4 million visitors who enter Rocky Mountain National Park through the Estes Valley. With over 6,000 lodging units available to visitors in the Local Marketing District, lodging tax offers significant revenue to the gateway community. The expansion of the allowable use of lodging tax dollars in 2022 for housing and childcare for the tourism workforce, provides an additional $5.5 million dollars to the Estes Valley to support these initiatives each year. 5.5% Local Marketing District Tax 2024 VEP 2%$3,601,194 10% of 3.5%$627,805 3.5% Passthrough $5,650,242 The revenue presented in this report on a monthly basis represents the month of stay and does not account for remittance lags. Actual revenue is received up to three months after the month the Lodging Tax is received by the State of Colorado. Once received by the State, the revenue is sent to Visit Estes Park, which retains 10% of 6E Lodging Tax revenue, as required by the enabling state legislation. The Town then holds a percentage for childcare as proposed in the Annual 6E Funding Plan. In January of each year, a lump sum is retained at the Town for personnel and operating expenses related to the position of Housing and Childcare Manager. 6 2024 Impact Report The percentage of funds held by the Town for childcare and what is transferred to the Este Park Housing Authority to address workforce housing is proposed annually through the presentation of the Annual 6E Funding Plan, approved by Visit Estes Park, Town of Este Park, and Larimer County elected officials. The review and acceptance of the Annual 6E Funding Plan direct the distribution of funds and prioritized strategies to address housing and childcare. Outreach occurs annually with the public and key stakeholders to inform the Annual 6E Funding Plan, and utilizes data and strategies demonstrated in the most recent needs assessment and strategic plans. The Housing Needs Assessment and Strategic Plan was conducted in 2023, while Childcare Needs Assessment and Strategic Plan occurred in 2024 (pg. 23). 88% 12%An MOU between the Town of Estes Park and Estes Park Housing Authority describes the intent and collaborative effort between the two bodies to address workforce housing issues using 6E funds. Approval by the Town Board is required for the distribution of 6E funds, as outlined in the executed memorandum of understanding with EPHA. Reporting on the use of 6E funds is conducted at least annually and upon request by either the Estes Park Town Board, Larimer County Commissioners, or Visit Estes Park. 2023 2024 6E Revenue $5,309,126 $5,650,241 Town Retention $65,065*$147,373 88% Housing $4,606,966 $4,824,841 12% Childcare $597,305 $678,029 *Smaller figure due to the hiring of the Housing and Childcare Manager in August 2023 7 January February March April May June July August September October November December $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 2023 2024 Distribution of funds is dictated by the Town of Estes Park policies for both housing and childcare funding (Policy 227 and 225, respectively). These policies are informed by the Town’s existing finance policy, which limits administrative purchasing authority to $10,000 or less. Fund accounts were established within the Town budget for Workforce Housing and Childcare and Workforce Housing funds are transferred to the Estes Park Housing Authority monthly (pg. 21). This chart represents a 6% increase in 6E Lodging Tax revenue between 2023 and 2024, which is also projected in 2025. Peak visitor times are demonstrated by spikes in lodging tax revenue in the Summer and Fall months. Projected Actual Revenue $5,375,000 $5,650,241 88% Housing 2023 Carry-over 12% Childcare 2023 Carry-over $4,700,000 - $675,000 - $4,824,841 $3,022,623 $678,028 $306,392 Housing Expenses $6,079,409 Land Banking Development Housing Assistance Programs Staffing & Administrative Costs $5,359,679 - $223,720 $496,010 Childcare Expenses $507,794 Tuition Assistance Childcare Workforce Out-of-School Programs Facility Expansion $188,260 $68,300 $35,400 $215,834 Financial Statement For January 1 through December 31, 2024 8 2024 Impact Report Affordable childcare is essential for supporting working families, enabling parents to balance their careers and caregiving resonsibilities. When school is not in session provide a safe and engaging environment for children outside of school hours, promoting social interation, learning, and personal growth. Supporting the childcare workforce is essential for ensuring high-quality care and education, enabling caregivers to thrive and positively impact the development of children. Tuition Assistance Out-of-School Programs Childcare Workforce New facilities and facility improvements are designed to create nuturing and stimulating enviroments to enhance early childchood development and increase capacity. Facility Expansion Childcare Initiatives The priorities presented in the 2024 Annual Funding Plan were consistent with what was presented in the 6E ballot framework in 2022 to include addressing workforce challenges, facilities and capital grants, tuition assistance, and supporting out-of-school programming. These priorities were based on the evaluation of needs in the community and maximizing the impact of Workforce Housing and Childcare Lodging Tax (6E) funds. 9 Childcare Summary In 2024, funding requests for childcare initiatives are primarily made through the Town of Estes Park’s Policy 225: Childcare Funding Guidelines and Funding Application. This policy was adapted to cover the expenditure of 6E funds in February 2023 and outlines the approval process for the distribution of funds while limiting administrative purchasing authority to $10,000. Any funding request above $10,000 must be approved by the Town Board. Per Policy 225, the Town may enter into agreements with partners where funds may be transferred for particular purposes, including administrative costs associated with program management. The Town stewards childcare funds through the role of the Housing and Childcare Manager by aligning the distribution of funds with the Annual Funding Plan. $68,300 $35,420 $215,834 Childcare Workforce Out-of-School Programs Facility Expansion $188,260 Tuition Assistance Facility Expansion Childcare Workforce Tuition Assistance Out-of-School Programs Provide grant funding for the operation and expansion of capacity in after school programs and care when school is out. Long-term planning and collaboration with existing local organizations to strategically address the diverse needs of the community. Affordability of childcare for families by increasing the funding support and evaluating the efficiency of Tuition Assistance programs, as well as increasing the eligibility of assistance for middle-income working families. Tuition Assistance Childcare Workforce Stabilizing the workforce by providing subsidies and support programs that allow for early childhood and childcare professionals to be paid closer to what is considered a livable wage. Out-of-School Programming Facility Expansion The expansion and development of additional childcare facilities to ensure adequate space and resources to meet the current and future demand for quality early childhood care. 2024 Priority Objectives Distribution Areas 2024 6E Funds were awarded to EVICS Family Resource center for the administration of tuition assistance for low- to moderate-income families for the second year in a row. In 2024, EVICS Family Resource Center (EVICS) saw the highest year for the distribution of tuition assistance awards since the organizations conception in 2006. Awards supported families in the Estes Valley experiencing hardship or in need of emergency (short-term) assistance for childcare tuition costs, as well as, families who were typically served by the Colorado Childcare Assistance Program (CCAP) which was frozen to new applicants beginning February 2024. Two year-round staff members have been here for over 17 months with the idea of not leaving anytime soon, and that is huge for this program! -Center Director, Liz Price 2024 Early Childhood Workforce Subsidy Recipient 2024 Impact Report Tuition Assistance Workforce funding was distributed to the community through the Annual Early Childhood Workforce Subsidy, as well as a one-time grant to the YMCA of the Rockies in support of its 2024-25 Preschool Fellowship Program. The Annual Early Childhood Workforce Subsidy included an Infant and Toddler Bonus in 2024, which resulted in both eligible recipients receiving additional funds for serving children under the age of three. Recipients of the Annual Childcare Workforce Subsidy report higher retention rates than years prior to receiving the Annual Subsidy. One local childcare center who saw regular turnover in their previous full- time positions stated that the increased wages they were able to offer provided incentive for their teachers. Childcare Workforce $20/hr Livable Wage for EC Teachers 48% 28 of the 58 children (48%) served with Tuition Assistance in 2024 potentially qualify for CCAP. 11 Due to the significant allocation of funds for the acquisition of a childcare facility, Out-of-School funding applications were deferred in fall 2024. As a result, applications for 2024-25 Out- of-School program funding were not reviewed or awarded until January 2025. As a recipient of 6E Funds for their Summer Inclusion Program, the YMCA of the Rockies Day Camp provided essential services to youth with special needs who are otherwise would not have access to childcare that serves their needs. The funds went directly to staff pay and to fund a highly qualified Lead Counselor who specializes in Special Education, and support counselors. Out-of-School Programming The acquisition of this property has triggered the development of a more long-term plan and strategy to acquire, maintain, and lease facilities to childcare providers in the Estes Valley. This Childcare Facility Plan is being drafted in 2024 to provide future direction for the use of 6E funds for similar acquisitions and new construction of childcare facilities. Additionally, the rent from the lease of these Town-owned properties is allocated to the Childcare Facility Fund and dedicated to the maintenance and capital expenditures required to maintain and expand these childcare facilities. Capital and Facilities 110% Between 2023 and 2024 Summer Program Enrollment A unique opportunity to purchase and retain childcare slots was presented to the Town of Estes Park in July 2024. The owner of the existing childcare facility located at 1250 Woodstock in Estes Park was eager to sell the facility. While the Town was interested, there was not an eagerness to purchase the facility until the owner received an offer from a party that was not interested in continuing childcare at the location. The Town Board supported the acquisition of the property by unanimous vote. The purchase of the existing childcare facility retained 40 licensed childcare spots and provides stability for the existing provider, Mountaintop Childcare, and the many families in the Estes Valley that are dependent upon the preschool services they offer. 2024 Impact Report 12 Childcare Outcomes Over 50 families eligible for financial assistance during the CCAP freeze. 75% increase in after school childcare capacity $20/hour minimum wage for Early Childhood Education teachers established. First childcare facility was purchased by the Town of Estes Park. To expand tuition assistance eligibility for middle-income working families, the Town secured a grant from the Buell Foundation to support cost modeling and program development in collaboration with the Early Childhood Council of Larimer County. By reassessing income thresholds, more middle- income families will receive childcare financial assistance, resulting in more stability for families and increased revenue for childcare providers. In response to the Colorado Child Care Assistance Program (CCAP) freeze announced in February 2024, the Town took action to support local families by allocating $188,260 to EVICS Family Resource Center for tuition assistance awards in the Estes Valley. To address wage disparities in the early childhood education sector, the Town continued its Annual Early Childhood Workforce Subsidy for a second year. This program ensures a $20/hour minimum wage for Early Childhood Education teachers, channeling 6E funds directly back into the childcare workforce. In 2024, the subsidy included a financial bonus for providers serving children under 3 years old. While long-term solutions are being developed, this subsidy serves as a critical support mechanism to sustain and stabilize the sector. Additionally, the Town provided funding to expand Out-of-School programming, increasing after- school program capacity in the Estes Valley by 75% in 2024. Funds distributed in 2023 for the 2023-24 school year were reported on in 2024, demonstrating the positive affect of additional funds received by Boys and Girls Club of Larimer County and the Estes Valley Recreation and Park District. 6E funds awarded to the YMCA of the Rockies for the increased wages for Inclusion Program staff serving special needs youth during the summer months, reported an increase in 100 local students enrolled in the program compared to 2023. Recognizing the fragility of childcare availability in the Estes Valley, the Town leveraged 6E funds to take proactive measures. In addition to assisting families impacted by the CCAP freeze, the Town also prevented the closure of a local childcare facility by acquiring the property, securing care for up to 40 children in the community. 13 2024 The priorities presented in the 2024 Annual Funding Plan were consistent with what was presented in the ballot framework in 2022 to include land and property acquisition, predevelopment of property owned by the Town and Estes Park Housing Authority, the development of housing assistance programs, and increasing staffing to support these priorities. These priorities were based on the evaluation of needs in the community, the recently completed Housing Needs Assessment and Strategic Plan, and maximizing the impact of Workforce Housing and Childcare Lodging Tax (6E) funds. The acquisition of undeveloped or underused land to reserve it for future affordable and workforce housing development. Increasing the quantity of housing available for the workforce through new construction supports essential workers who need housing within reasonable proximity to their jobs. Rising housing costs make it so many members of the local workforce struggle to find housing within their budget. Assistance programs bridge the affordability gap. Land Banking Development Assistance Programs Increased number of staff at the Estes Park Housing Authority are necessary to provide essential services and administer programs to fulfill housing initiatives. Staff and Administrative Costs Housing Initiatives 14 Land Banking 88.2% Stang Capacity 8.2% Property Purchased 97% Vacant Land 3% Estes Park Housing Authority (EPHA) was created by the Town of Estes Park in 1996 and is a quasi-governmental entity. EPHA Board Members are appointed by the Town Board, and is subject to the same auditing requirements as other public entities in Colorado. In July 2023, the Town of Estes Park and EPHA entered into a memorandum of understanding (MOU) identifying EPHA as the pass-through organization to receive 6E funds to address housing for the workforce. EPHA stewards 6E funds by aligning the distribution of funds with the Annual Funding Plan. EPHA supports the drafting of the Annual Funding plan by participating in community outreach with stakeholders, and through the implementation of their Annual Housing Supply Plan. Housing Summary $0 $223,720 $496,010 Development Assistance Programs Staff and Administrative Costs $5,359,679 Land Banking Strategically acquire and hold vacant or underutilized properties for future development of workforce housing, ensuring long-term availability of new development in the Estes Valley. The purchase of existing homes and properties to be converted into workforce housing, ensuring accessibility and affordability for low- to moderate- income workers. Conversion of Housing Increase Staffing Capacity Expand staffing levels at Estes Park Housing Authority to ensure the effective management and operation of workforce housing and new development. Future Planning Financial Assistance Design and implement rental assistance to support low- to moderate-income working individuals and families, and develop assistance programs to support home ownership opportunities. 2024 Priority Objectives Distribution Areas Assistance Programs $159,886 of the funds distributed for Land Banking were for the acquisition of vacant land 2024 In 2024, land banking efforts included property acquisitions totaling $5,359,679, along with an additional $159,886 in vacant land purchases. Through the purchase of existing properties, over 100 housing units were successfully converted from short-term vacation rentals into workforce-restricted housing, increasing the availability of long-term housing for local employees. Key acquisitions like the purchase of the Fall RIver Village neighborhood, added 89 townhome and condominium units to the workforce inventory. The units range from 60-80% AMI rental rates and offer 1-, 2-, 3- and 4-bedrrom layouts. Through collaboration with the Town of Estes Park, utilizing the Workforce Regulatory LInkage Fee funds, 6E funds, and with Proposition 123 Equity Investment, EPHA was able to finance the purchase of the property. In addition to Fall River Village, the purchase of Beaver Brook Crossing added 20 townhome units ranging in rental rates between 60-70% AMI. Studio, 2-, 3- and 4-bedroom units provide many options for the Estes Valley workforce. Conversion of Housing Future Planning EPHA serves as the lead developer for several workforce housing projects, including two on Town- owned land. Pre-development work occurred on three properties in 2024, with the potential planned development of over 200 workforce housing units in the next three years. The Town designated EPHA as a sub-grantee for $2,000,000 in funding from Larimer County for the Phase 1 predevelopment work of the Fish Hatchery Workforce Housing Development. As a reimbursement- based grant, these funds are retained by the Town and are not reflected in the total “2024 Inflows” until EPHA submits reimbursement requests for project-related expenses. Vacant land purchases in 2024 provide future opportunity for additional development in critical areas of the Estes Valley. 2024 Impact Report 16 The tremendous opportunities offered with 6E funding allowed EPHA to set ambitious goals for workforce housing in the Estes Valley. For EPHA to be reactive and adaptable to the opportunities presented, the hiring of the Real Estate Development Director and Housing Program Manager in 2023 set the organization up for successfully bringing on more than 200 privately and EPHA-managed workforce housing units to the Estes Valley. Additional staff were added to the EPHA team in 2024 to support the operations of EPHA, which will be funded by the revenue from EPHA properties. 84% The development of financial assistance programs to support workforce households is an essential strategy to address long- term stability in the Estes Valley. The 2023 Housing Needs Assessment and Strategic Plan outlined the role of EPHA in developing these programs to bridge the gap between the current housing crunch and strategies that take years to implement. The implementation of the Workforce Rental Assistance Program was created in collaboration with existing housing assistance programs and their administration by local organizations. The roll out of the Workforce Rental Assistance program was presented as a pilot program, with minimal adjustments moving into 2025. 2024 Impact Report Financial Assistance Increase Staffing Capacity $84,230 of the $100,000 (84%) budgeted for Workforce Housing Rental Assistance was distributed in 2024. Home purchase assistance through a Down Payment Assistance program was explored heavily in 2024 with proposed launch of the program in 2025. 70% increase in EPHA staff since 6E Funding. 17 Housing Outcomes Over 100 workforce housing units added to the EPHA workforce housing inventory. Estes Park Housing Authority is acting as Lead Developer for three properties. Over $80,000 was awarded in Workforce Rental Assistance. Two new operational staff positions were added to the EPHA team. EPHA received 88% of 6E revenue in 2024 to govern under the 6E Annual Funding Plan. EPHA has the authority to make purchasing decisions as outlined in the aforementioned MOU to administer and manage various programs presented in the 6E Annual Funding Plan. In 2024, the Estes Valley saw the addition of over 200 workforce-restricted housing units through a combination of private development projects and initiatives led by the Estes Park Housing Authority (EPHA). This increase represents a significant step toward the community’s goal of adding 300 to 400 workforce housing units by 2030. The new units span multiple Area Median Income (AMI) levels and, for the first time, allow EPHA to provide seasonal housing solutions for the region’s essential summer workforce. EPHA also expanded its inventory through strategic acquisitions, securing 125 workforce-restricted units by purchasing townhome-style short-term rentals and existing workforce housing properties. These efforts reinforce the Town’s commitment to ensuring stable, affordable housing options for the local workforce. In early 2024, EPHA launched a successful rental assistance program designed to alleviate the financial burden on local workers facing high rental costs and significant upfront expenses, such as first and last month’s rent. The program successfully enrolled 28 households into the program in 2024. The expansion of EPHA’s staff in 2023, with the addition of two full-time positions, enabled the organization to scale operations and capitalize on new opportunities in 2024. Additional accounting and finance support was funded to manage accounting services related to 6E funding. To further support the management of newly added workforce housing units, EPHA expanded its team again in 2024, adding two additional full-time positions. Operations positions are not funded with 6E collections, but by the ongoing operation of the property those positions support. 2024 18 A Breakthrough Year The collaboration between the Town of Estes Park and the Estes Park Housing Authority has proven to be a pivotal partnership, yielding significant benefits for the community. Through the strategic use of 6E funds, both entities have maximized available resources to address critical needs and objectives. The strategic development of programs and the impact of purchased land, housing units, and childcare facilities provided direct results to the local workforce. The joint efforts of the Estes Park Housing Authority and the Town have contributed to a more resilient and sustainable community, enhancing the quality of life for all residents and addressing critical housing and childcare challenges. Strengthening support systems for families with children in care through financial assistance programs. Providing financial relief to residents in need and promoting housing stability through rental assistance. Increased affordable, workforce housing units, ensuring that more residents have access to safe, stable living conditions. Stabilizing chidlcare workforce by investing in workforce retention and the acquisition of a childcare faciltiy. Final Summary 19 Projected 2023 Actual 2023 Projected 2024 Actual 2024 Projected 2025 Revenue $5,375,000 $5,309,126 $5,375,000 $5,650,241 $5,671,138* Expenses -$4,897,879 -$6,564,323 - 6% 2025 Financial Outlook 80/20 Split $1,400,000 $5,200,000 between Childcare and Housig Childcare Housing *Visit Estes Park projects this figure for 2025 passthrough revenue, however when the 2025 Funding Plan was drafted, the projection states $5,512,500 based on the Town 2025 Budget 6% Projected Revenue Growth Actual Revenue Growth 2023 to 2024 2024 to 2025 2025 Forecast 20 Total Lodging Tax Collections Workforce Housing Component Housing and Childcare Manager Operations Housing Authority Contract Amount Remitted JANUARY 181,269.08 159,516.79 138,572.60 8,800.00 12,144.19 12,144.19 FEBRUARY 189,502.97 166,762.61 166,762.61 166,762.61 MARCH 264,742.35 232,973.27 232,973.27 232,973.27 APRIL 220,186.21 193,763.86 193,763.86 193,763.86 MAY 350,934.14 308,822.04 308,822.04 308,822.04 JUNE 910,422.48 801,171.78 801,171.78 801,171.78 JULY 870,432.86 765,980.92 765,980.92 765,980.92 AUGUST 639,312.55 562,595.04 562,595.04 562,595.04 SEPTEMBER 1,073,975.14 945,098.12 945,098.12 945,098.12 OCTOBER 403,440.04 355,027.24 355,027.24 355,027.24 NOVEMBER 219,541.43 193,196.46 193,196.46 193,196.46 DECEMBER 326,483.43 287,305.42 287,305.42 287,305.42 $5,650,242.68 $4,972,213.55 $138,572.60 $8,800.00 $4,824,840.95 $4,824,840.95 Appendix A Housing 6E Transfer EPHA received 88% of 6E revenue in 2024 to utilize under the 6E Annual Funding Plan. The following funds received by the Town of Estes Park are remitted to the Estes Park Housing Authority on a monthly basis. 21 Appendix B Childcare Distribution The Town of Estes Park retained 12% of funds for the purpose of addressing childcare needs within the Estes Valley. The following entities applied for and received 6E funding: Distribution by Recipient Childcare Workforce Mountaintop- Annual Subsidy YMCA of the Rockies- Annual Subsidy YMCA of the Rockies Out-of-School Funding YMCA of the Rockies EVRPD Tuition Assistance EVICS Capital and Facilities Mountaintop Purchase $68,300 $26,250 $33,750 $8,300 $35,420 $35,420 $12,400 $188,260 $188,260 $215,834 $215,834 2024 Childcare 6E Funding Recipients 22 2024 Workforce Housing and Childcare Funding Plan aka “Annual 6E Funding Plan” 2025 Workforce Housing and Childcare Funding Plan aka “Annual 6E Funding Plan” 2024 Childcare Needs Assessment and Strategic Plan 2023 Housing Needs Assessment and Strategic Plan 2024 Estes Park Housing Authority Annual Housing Supply Plan December 2024 Sales Tax Revenue Local Marketing District Tax Information Proposed 6E Ballot Initiative Framework (September 2022) Appendix C Resources 23 Housing and Childcare Department (970) 577-3894 www.estes.org/workforcehousingandchildcare 170 MacGregor Ave PO Box 1200 Estes Park, CO 80517 2024 Impact Report 6E Workforce Housing and Childcare Lodging Tax This Photo by Unknown Author is licensed under CC BY-NC Timeline Annual Impact Report Strategic Planning Process Begins Stakeholder Outreach for Annual Funding Plan LMD, Larimer County, Town of Estes Review Plan Final Approval of the Annual 6E Funding Plan 2024 Financial Review 6E Revenue 6E Revenue Childcare Initiatives Tuition Assistance •Increase funding for tuition assistance •Evaluate the efficiency of tuition assistance programs •Increase eligibility of assistance to include middle-income working families Childcare Workforce •Provide subsidy programs to fund a livable wage for EC and childcare employees Out-of-School Programs •Grant funds for existing programs that support the operation and expansion of capacity Facility Expansion •Fund additional childcare capacity through capital projects $188,260 Served 58 children Additional CCAP-eligible households Grant recipient to support the expansion of assistance to middle-income eligible households $68,300 Two licensed childcare centers - both received the Infant and Toddler Bonus Preschool Fellowship Program at the YMCA $35,420 Consistent increase in capacity and enrollment in after-school and summer programs Summer Inclusion Program provides essential services for the Estes Valley $215,834 Retained 40 spots through the purchase of childcare center $425,000 loan from the General Fund Mountaintop Childcare Fund Distribution Childcare Outcomes Housing Initiatives Land Banking •Acquisition of undeveloped or underused property for workforce housing Development •Begin the predevelopment stages for new workforce housing units Assistance Programs •Create assistance programs that bridge the affordability gap for renters and homebuyers Staff and Administrative Costs •Increase staff at Estes Park Housing Authority $5,359,679 Added 117 workforce restricted units $159,886 expended on vacant land Fall River Village Beaver Brook Crossing Grand Estates No 6E Funds Town of Estes Park was the recipient of $2 million in Larimer County Grant Funds Fish Hatchery Workforce Housing Neighborhood $223,720 Pilot Rental Assistance Program launched for middle-income working households $496,010 Staff that were hired in 2023 funded with 6E Real Estate Development Director Housing Program Manager Fund Distribution Fund Distribution Housing Outcomes A Breakthrough Year •Increased affordable, workforce housing units, ensuring that more residents have access to safe, stable living conditions. •Strengthening support systems for families with children in care through financial assistance programs •Stabilizing childcare workforce by investing in workforce retention and the acquisition of a childcare facility. •Providing financial relief to residents in need and promoting housing stability through rental assistance. •The approved 2025 6E Funding Plan distributed funds between housing and childcare 80/20 •Consistent revenue projection for 2025 (6% increase) •Begin public outreach for 2026 6E Funding Plan this summer! 2025 and Beyond Thank you. This Photo by Unknown Author is licensed under CC BY-NC Distribution by Recipient Childcare Workforce Mountaintop YMCA of the Rockies YMCA of the Rockies Out-of-School Funding YMCA of the Rockies EVRPD Tuition Assistance EVICS Capital and Facilities Mountaintop Purchase $68,300 $26,250 $33,750 $8,300 $35,420 $35,420 $12,400 $188,260 $188,260 $215,834 $215,834 Resources 2024 Workforce Housing and Childcare Funding Plan aka “Annual 6E Funding Plan” 2025 Workforce Housing and Childcare Funding Plan aka “Annual 6E Funding Plan” 2024 Childcare Needs Assessment and Strategic Plan 2023 Housing Needs Assessment and Strategic Plan 2024 Estes Park Housing Authority Annual Housing Supply Plan December 2024 Sales Tax Revenue Local Marketing District Tax Information Proposed 6E Ballot Initiative Framework (September 2022) Stormwater Stewardship: A Proactive Approach to Flooding Through Policy Change Estes Park Middle School Environmental Resilience Team (ERT) Estes Park Middle School Environmental Resilience Team MEET OUR TEAM! ENVIRONMENTAL DEFENSE VEHICLEENVIRONMENTAL DEFENSE VEHICLEENVIRONMENTAL DEFENSE VEHICLE Ph o t o s c o u r t e s y o f t h e Es t e s P a r k M u s e u m $4 BILLION IN DAMAGES Photos courtesy of the Estes Park Museum COVERED 4,500 SQUARE MILES, THE SIZE OF MORE THAN 10 ROCKY MOUNTAIN NATIONAL PARKS! Detention Basins Detention Basins Photo Credit: Google Images Photo Credit: Google Images C r e d i t : C o l o r a d o E n c y c l o p e d i a E f f e c t i v e s t o r m w a t e r m a n a g e m e n t r e q u i r e s c o o r d i n a t i o n b e t w e e n p r i v a t e a n d p u b l i c s y s t e m s . N e g l e c t i n g p r i v a t e s y s t e m s c a n d i s r u p t p u b l i c i n f r a s t r u c t u r e , c a u s i n g i s s u e s l i k e b l o c k e d d r a i n a g e o r i n c r e a s e d f l o o d i n g . S t o r m w a t e r d i s r e g a r d s p r o p e r t y b o u n d a r i e s , m e a n i n g b o t h p r i v a t e a n d p u b l i c s y s t e m s m u s t w o r k t o g e t h e r . I f o n e d o e s n o t f u n c t i o n p r o p e r l y , t h e w h o l e s y s t e m w i l l b e a f f e c t e d . K e y r e a s o n s w h y p r i v a t e a n d p u b l i c d e t e n t i o n f a c i l i t i e s a r e e q u a l l y i m p o r t a n t : We reached out to a civil engineer from the town’s Public Works office, to learn more about the basins and how we can contribute to their upkeep. We learned that the condition of privately owned basins was unknown, so we decided to inspect them ourselves. The civil engineer showed us how to conduct basin inspections and what issues to look for. This brought our attention to the disrepair a lot of the basins had fallen into. Taking Action ALL BASINS INSPECTED NEEDEDMAINTENANCE AND REPAIR 555 PROSPECT AVE 1551 S. ST. VRAIN 1802 AND 1870 WILDFIRE ROAD 420 steamer park parkway MANFORD AVE AND COMMUNITY DRIVE BASIN MAINTENANCE AND REPAIR PART 2 1181 GRAVES AVE 520 STEAMER PARKPARKWAY 1181 GRAVES AVE 1181 GRAVES AVE 520 STEAMER PARK PARKWAY 520 STEAMER PARK PARKWAY “THIS STATUTE REQUIRES... 97% OF CAPTURED RUNOFF FROM RAINFALL EVENTS EQUAL TO OR LESS THAN THE 5-YEAR EVENT MUST BE DRAINED OR INFILTRATED WITHIN 72 HOURS. 99% OF CAPTURED RUNOFF FROM RAINFALL EVENTS EQUAL TO OR GREATER THAN THE 5-YEAR EVENT MUST BE DRAINED OR INFILTRATED WITHIN 120 HOURS.” (LARIMER.GOV) The Need for No policy on maintenance of privately owned basins. Reactive process. Requiring regular basin maintenance in privately owned detention systems. N ew Stormwater Drainage System Maintenance Policy Policy will align with the Larimer County Stormwater Design Standards and the Mile High Flood District Manual. Proactive!Proactive! A l l p r i v a t e d r a i n a g e s y s t e m s s h o u l d f o l l o w m a i n t e n a n c e p r o c e d u r e s a n d r e c o m m e n d a t i o n s o u t l i n e d i n t h e L a r i m e r C o u n t y M H F D M a n u a l . M a i n t e n a n c e o f p r i v a t e d r a i n a g e s y s t e m s w i l l b e t h e r e s p o n s i b i l i t y o f t h e p r o p e r t y o w n e r . T h e T o w n h a s t h e r i g h t t o i n s p e c t a f a c i l i t y a t a n y t i m e a n d r e q u i r e m a i n t e n a n c e a t t h e o w n e r ’s e x p e n s e . T h e d e s i g n e n g i n e e r i s e n c o u r a g e d t o u s e d e s i g n t e c h n i q u e s t h a t r e d u c e m a i n t e n a n c e n e e d s a n d e x p e n s e . Proposed Policy Highlights Community Outreach We met with one of the detention basin owners to share our ideas for improving their basin. They were unaware of its current condition and appreciated hearing our feedback. This experience showed us that other basin owners might also be unaware of the condition of their basins, which is why communication and support are so important. Adoption of the Stormwater Drainage System Maintenance Policy Better maintenance of stormwater drainage Meeting with private detention basin owners: Inform new policy S upport in managing basins Policy Change Work together. Offer guidance. Feel supported. Protect properties and our community! COMMUNITY PARTNERSCOMMUNITY PARTNERSCOMMUNITY PARTNERS Costa Rica EPHS Sister Cities Youth Advisory Council 2024-25 Costa Rica is bordered by Panama and Nicaragua. It ’s also surrounded by t he Caribbean Sea and t he Pacific Ocean. Lorem ipsum dolor sit amet , consect et ur adipiscing. Ut accumsan ult ricies diam, in rut rum arcu int erdum quis. Sed t incidunt t ellus eget . KPI 2 KPI 3 Physical Geography ++ Section 12Sect ion 3 rainforests, cloud forest s, beaches, volcanoes and mount ain ranges Our First Day in Costa Rica March 15th We arrived at the airport in Liberia. We took a bus ride to the hotel and settled in. At a store we get groceries. We spent the rest of the afternoon at the beach watching the sun set and swimming in the ocean. We made pasta for dinner and went to sleep after the long day. 2nd day: March 16th We went to Monteverde, after we arrived and rested a bit, we went for a nightwalk. It was amazing! 3rd day: March 17th We started with a welcome with the Monteverde Municipalidad. Then went to visit La Escuela de San Luis and had lunch there, too. Then some of us went zip lining while others did the hanging bridges. We also celebrated a birthday dinner! Day 4: March 18th ●Colegio secundario ●Lunch at school ●Finca La Lindora for… ●Horseback riding and Hot springs Day 5: March 19th ●Colegio Secundario with classes all day -Ecotourism in the AM with regular classes in the PM, Regular classes in the AM and Culinary in the PM ●Lunch at school ●Dinner downtown Day 6 -March 20th ●Colegio secundario -AM only and included a civic engagement assembly for the Battle of Santa Rosa ●Circus ●Family dinners Day 7 -March 21st ●Natuwa Wildlife Sanctuary ●Santa Elena library ●Poco a Poco for lunch ●Garuva Ecoexperiencias for coffee, sugar cane, and chocolate tour ●Sunset in the park ●Frog Pond ●Dinner at El Jardin at the Monteverde Lodge & Gardens Day 8 -March 22nd ●Amigos del Ambiente in RBNSE -trap camera work and hike ●Calle Verde festival in downtown dŽǁŶŽĂƌĚDĞĞƚŝŶŐ DĂǇϭϯ͕ϮϬϮϱ ŽĂƌĚŽĨŝƌĞĐƚŽƌƐ Žď>ĞĂǀŝƚƚ͕WƌĞƐŝĚĞŶƚ :ŽĂŶ,ŽŽƉĞƌ͕sŝĐĞWƌĞƐŝĚĞŶƚ ĂǁŶ:ĂŵĞƐ͕^ĞĐƌĞƚĂƌǇΘdƌĞĂƐƵƌĞƌ ĞůĞƐƚĞ&ƌĂƐĞƌ :ĞŶŶŝĨĞƌtĂƚĞƌƐ ŶĚǇŵĞƐ &ƌĂŶŬdŚĞŝƐ /ŶĚĞƉĞŶĚĞŶƚŽŶƚƌĂĐƚŽƌƐ tŝůǇŶŶ&ŽƌŵĞůůĞƌ͕ĞǀĞůŽƉŵĞŶƚΘWƌŽŐƌĂŵŽŽƌĚŝŶĂƚŽƌ <ĂƌĞŶKǁĞŶƐ͕ƐƐƚ͘ŽŽƌĚŝŶĂƚŽƌ DŝƐƐŝŽŶ KƵƌŵŝƐƐŝŽŶ ŝƐƚŽďƌŝŶŐƚŽŐĞƚŚĞƌůŽĐĂů͕ƐƚĂƚĞ͕ĂŶĚ ĨĞĚĞƌĂůƉĂƌƚŶĞƌƐƚŽĐŽůůĂďŽƌĂƚĞŽŶƉƌŽũĞĐƚƐƚŚĂƚ ƐƵƉƉŽƌƚƚŚĞǁĂƚĞƌ͕ĨŽƌĞƐƚƐ͕ĂŶĚǁŝůĚůŝĨĞŽĨƚŚĞ ƐƚĞƐsĂůůĞǇ͘ sŝƐŝŽŶ tĞĞŶǀŝƐŝŽŶĂŚĞĂůƚŚǇǁĂƚĞƌƐŚĞĚƚŚĂƚŝƐƌĞƐŝůŝĞŶƚ ƚŽĞǆƚƌĞŵĞĞǀĞŶƚƐ͕ƐƵƐƚĂŝŶƐĚŝǀĞƌƐĞŚĂďŝƚĂƚƐĨŽƌ ĨůŽƌĂĂŶĚĨĂƵŶĂ͕ĂŶĚĞŶŚĂŶĐĞƐƚŚĞƋƵĂůŝƚǇŽĨůŝĨĞ ĨŽƌŽƵƌĐŽŵŵƵŶŝƚǇ͘ KǀĞƌΨϱDŝŶǀĞƐƚĞĚǁŝƚŚŝŶƚŚĞƐƚĞƐsĂůůĞǇ͊ WƌŽũĞĐƚƐ͗ŽŵŵƵŶŝƚǇ&ůŽŽĚZĞƐƚŽƌĂƚŝŽŶ͕&ŝƌĞDŝƚŝŐĂƚŝŽŶ͕ĂŶĚtŝůĚůŝĨĞ,ĂďŝƚĂƚWƌŽƚĞĐƚŝŽŶ We Are 10 Years Old! 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ϯϬǇĚĐŽŶƚĂŝŶĞƌƐƚŽƌĞƐŝĚĞŶƚƐƚŽĚŝƐƉŽƐĞŽĨƐůĂƐŚ͕ƉŝŶĞĐŽŶĞƐ͕ƉŝŶĞ ŶĞĞĚůĞƐŝŶƚŚĞŝƌŶĞŝŐŚďŽƌŚŽŽĚƐĂŶĚĚƵƌŝŶŐĂĐŽŵŵƵŶŝƚǇĚƌŽƉͲŽĨĨĞǀĞŶƚ͘^ŝŶĐĞϮϬϮϬ͗ΕϯϴϱƚŽŶƐ;ϳϳϬ͕ϬϬϬůďƐͿŽĨ ŵĂƚĞƌŝĂůƌĞŵŽǀĞĚ͘ •ĚƵĐĂƚŝŽŶ Θ Ś Ͳ stĂƚĞƌƐŚĞĚŽĂůŝƚŝŽŶWƌĞƐĞŶƚƐʹ ŵŽŶƚŚůǇƚĂůŬƐĂďŽƵƚǁŝůĚůŝĨĞŽƌŽƚŚĞƌĞŶǀŝƌŽŶŵĞŶƚĂů ƚŽƉŝĐƐƚŚĂƚĐŽŶĐĞƌŶƚŚĞƐƚĞƐsĂůůĞǇ͘ •ůŬ ƌ ʹ sŽůƵŶƚĞĞƌƐǁŽƌŬŝŶŐǁŝƚŚsWŽůŝĐĞĞƉĂƌƚŵĞŶƚƚŽŚĞůƉĞĚƵĐĂƚĞŐƵĞƐƚƐŽŶƚŚĞ ĂǁĂƌĞŶĞƐƐŽĨǁŝůĚůŝĨĞƐĂĨĞƚǇĚƵƌŝŶŐĐĂůǀŝŶŐĂŶĚƌƵƚƐĞĂƐŽŶ͘ ŽůůĂďŽƌĂƚŝŽŶǁŝƚŚŽŵŵƵŶŝƚǇWĂƌƚŶĞƌƐ ŽůůĂďŽƌĂƚŝǀĞ •EŽƌ ƚŚĞƌŶ Ͳ tĞĂƌĞǁŽƌŬŝŶŐǁŝƚŚŽǀĞƌϰϬƉĂƌƚŶĞƌƐŝŶƚŚŝƐŽƌŐĂŶŝǌĂƚŝŽŶƚŽ ŝŶĐƌĞĂƐĞĂŐĞŶĐǇ͕ĐŽŵŵƵŶŝƚǇ͕ĂŶĚƉƌŝǀĂƚĞůĂŶĚŽǁŶĞƌƵŶĚĞƌƐƚĂŶĚŝŶŐŽĨ͕ĂŶĚƐƵƉƉŽƌƚĨŽƌ͕ĂĐƚŝǀĞǁŝůĚůĂŶĚĨŝƌĞ ƌŝƐŬŵĂŶĂŐĞŵĞŶƚĂĐƚŝǀŝƚŝĞƐĂƚƚŚĞůĂŶĚƐĐĂƉĞͲƐĐĂůĞ͘ •tŝůĚĨŝƌĞ Ǉ Ě Ŷ Ŷ Ͳ tŽƌŬŝŶŐǁŝƚŚƚŚĞŝŐdŚŽŵƉƐŽŶtĂƚĞƌƐŚĞĚ,ĞĂůƚŚWĂƌƚŶĞƌƐŚŝƉƚŽ ĚĞǀĞůŽƉĂƉůĂŶƚŽƐƵƉƉŽƌƚƉƌĞĂŶĚƉŽƐƚǁŝůĚĨŝƌĞƉůĂŶŶŝŶŐĂŶĚĂĐƚŝŽŶƐŝŶƚŚĞǁĂƚĞƌƐŚĞĚ͘ tĞĂƌĞƉůĞĂƐĞĚƚŽǁŽƌŬǁŝƚŚ ĂŶĚƐƵƉƉŽƌƚĞĚďǇ͙͘ dŚĂŶŬzŽƵ͊ ƐƚĞƐsĂůůĞǇtĂƚĞƌƐŚĞĚŽĂůŝƚŝŽŶ W͘K͘Žǆϰϰϵϰ ƐƚĞƐWĂƌŬ͕KϴϬϱϭϳ ĞDĂŝů͗stĂƚĞƌƐŚĞĚΛstĂƚĞƌƐŚĞĚ͘ŽƌŐ WŚŽŶĞ͗ϵϳϬ͘ϮϵϬ͘ϭϴϮϵ tĞďƐŝƚĞ͗stĂƚĞƌƐŚĞĚ͘ŽƌŐ &͗ƐƚĞƐsĂůůĞǇtĂƚĞƌƐŚĞĚŽĂůŝƚŝŽŶ &͗st>ŽǀĞƐtŝůĚůŝĨĞ TOWN CLERK To: Honorable Mayor Hall Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 13, 2025 RE: Resolution 49-25 New Beer & Wine Liquor License File by Galloway Reed LLC dba Inkwell & Brew, 150 E. Elkhorn Avenue, Estes Park, CO 80517 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Beer & Wine liquor license located at 150 E. Elkhorn Avenue, Estes Park, Colorado. Application filed by Galloway Reed LLC dba Inkwell & Brew. Present Situation: An application for a new concurrent Beer & Wine liquor license was received by the Town Clerk’s office on March 31, 2025. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement and has not been schedule at the time of this memo. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate the license as soon as possible. Proposal: The application and relevant documents have been included for the Town Board’s review and consideration for a new Beer & Wine liquor license. The licensee has requested the license to serve alcohol at the coffee shop and on the outside patio. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to operate a liquor license establishment. Action Recommended: Approval of the application for a new Beer & Wine liquor license. Finance/Resources Impact: The fee paid to the Town of Estes Park for a new Beer & Wine Liquor license is $1,112. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Beer & Wine Liquor license is $662. Level of Public Interest: Low Sample Motion: I move that Resolution 49-25 be approved/denied. Attachments: 1. Procedure for Hearing 2. Resolution 49-25 3. Application, Diagram, Individual History 4. Police Report 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Galloway Reed LLC dba Inkwell & Brew, for a new Beer & Wine Liquor License located at 150 E. Elkhorn Avenue, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed March 31, 2025.  At a meeting of the Board of Trustees on April 22, 2025, the public hearing was set for 7:00 p.m. on Tuesday, May 13, 2025.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Company.  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on May 2, 2025 . ATTACHMENT 1  The premises was posted on May 2, 2025 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6. SUGGESTED MOTION: I move that Resolution 49-25 be approved/denied for a new Beer & Wine liquor license for the Galloway Reed LLC dba Inkwell & Brew, 150 E. Elkhorn Avenue, Estes Park, Colorado. RESOLUTION 49-25 A RESOLUTION PERMITTING A NEW BEER & WINE LIQUOR LICENSE APPLICATION FOR GALLOWAY REED LLC DBA INKWELL & BREW WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on May 13, 2025 for a New Beer & Wine Liquor License, filed by Galloway Reed LLC dba Inkwell & Brew, 150 E. Elkhorn Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Beer & Wine Liquor License, filed by Galloway Reed LLC dba Inkwell & Brew, 150 E. Elkhorn Avenue, Estes Park, Colorado be approved. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 2 DR 8404 (08/08/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^«. , ••• —.-••.. • •• .,.("303)20^300 Colorado Liquor Retail License Application Note that the Division will not accept cash Paid by Check Date Uploaded to Movelt Paid Online j New License [^ New-Concurrent II Transfer of Ownership || State Property Only || Master file All answers must be printed in black ink or typewritten Applicant must check the appropriate box(es) Applicant should obtain a copy of the Colorado Liquor and Beer Code: SSG. Colorado.gov/Liquor Applicant is applying as a/an Individual Corporation Limited Liability Company Association or Other Partnership (includes Limited Liability and Married Couple Partnerships) Applicant Name If an LLC, name ofLLC; if partnership, at least 2 partner's names; if corporation, name of corporation i^LLDVoW ^£C^ LLC- =EIN Number tate Sales Tax Number Trade Name of Establishment (DBA) 1^'<^£L^. go &^J Business Telephone T7o-34^1^7 Address of Premises (specify exact location of premises, include suite/unit numbers) \50 £. £.L^\^f^ A\/€. City County State ZIP Code &T&S ^^L Vlailing Address (Number and Street) UW-^E:^ City or Town V,Q, toy 134-1 ESres T^(Z^ to tate co ib5l7 IP Code W517 Email Address O^^^^c-'^ Q^v^dVbrc^o, ^01^^ If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) =>resent State License Number =>resent Class of License 3resent Expiration Date Page 1 of 16 ATTACHMENT 3 Section A Nonrefundable application fees* II Application Fee for New License...................................................................................................................$1,100.00 Application Fee for New License with Concurrent Review............................................................................$1,200.00 Application Fee for Transfer...........................................................................................................................$1,100.00 Section B Liquor License Fees* II Add Optional Premises to H & R ...............................................................$100.00 X Total Add Sidewalk Service Area.................................................................................................................................$75.00 Arts License (City)............................................................................................................................................ Arts License (County).......................................................................................................................................$308.75 Beer and Wine License (City)...........................................................................................................................$351.25 Beer and Wine License (County)......................................................................................................................$436.25 II Brew Pub License (City).................................................................................................................................. $750.00 Brew Pub License (County)..............................................................................................................................$750.00 Campus Liquor Complex (City)........................................................................................................................$500.00 Campus Liquor Complex (County)...................................................................................................................$500.00 Campus Liquor Complex (State)......................................................................................................................$500.00 Club License (City)..........................................................................................................................................$308.75 II Club License (County)..................................................................................................................................... Distillery Pub License (City)..............................................................................................................................$750.00 Distillery Pub License (County) ........................................................................................................................$750.00 Entertainment Facility License (City)................................................................................................................$500.00 Entertainment Facility License (County)...........................................................................................................$500.00 II Hotel and Restaurant License (City).................................................................................................................$500.00 II Hotel and Restaurant License (County) ...........................................................................................................$500.00 II Hotel and Restaurant License with one optional premises (City).....................................................................$600.00 Hotel and Restaurant License with one optional premises (County)................................................................$600.00 DR 8404 (08/08/24) , Page 2 of 16 Section B Liquor License Fees* (Continued) II Liquor-Licensed Drugstore (City).....................................................................................................................$227.50 Liquor-Licensed Drugstore (County)................................................................................................................$312.50 Lodging Facility License (City)..........................................................................................................................$500.00 II Lodging Facility License (County) ....................................................................................................................$500.00 Manager Registration - H & R ............................................................................................................................$30.00 II Manager Registration -Tavern..........................................................................................................................$30.00 Manager Registration - Lodging & Entertainment ..............................................................................................$30.00 Manager Registration - Campus Liquor Complex .............................................................................................,$30.00 II Optional Premises License (City).....................................................................................................................$500.00 Optional Premises License (County)................................................................................................................$500.00 II Racetrack License (City)..................................................................................................................................$50 Racetrack License (County).............................................................................................................................$500.00 Resort Complex License (City).........................................................................................................................$500.00 II Resort Complex License (County)....................................................................................................................$500.00 II Related Facility - Campus Liquor Complex (City).............................................................................................$160.00 I[ Related Facility - Campus Liquor Complex (County) .......................................................................................$160.00 Related Facility - Campus Liquor Complex (State) ..........................................................................................$160.00 Retail Gaming Tavern License (City)................................................................................................................$500.00 Retail Gaming Tavern License (County)...........................................................................................................$500.00 Retail Liquor Store License-Additional (City)..................................................................................................$227.50 II Retail Liquor Store License -Additional (County).............................................................................................$312.50 Retail Liquor Store (City)..................................................................................................................................$227.50 DR 8404 (08/08/24) Page 3 of 16 Section B Liquor License Fees* (Continued) II Retail Liquor Store (County), Tavern License (City). II Tavern License (County). Vintners Restaurant License (City). Vintners Restaurant License (County). Questions? Visit: SBG.Colorado.gov/Liquorfor more information Do not write in this space - For Department of Revenue use only Liability Information .$312.50 .$500.00 .$500.00 .$750.00 .$750.00 -icense Account Number -iability Date License Issued Through (Expiration Date)Total DR 8404 (08/08/24)Page 4 of 16 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorior more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information ApplicanVLicensee identified State sales tax license number listed or applied for at time of application License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises y\ No larger than 81/2"X 11" Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Separate diagram for each floor (if multiple levels) Return originals to local authority (additional items may be required by the local licensing authority) W Kitchen - identified if Hotel and Restaurant Botd/Outlined Licensed Premises III. Proof of property possession (One Year Needed) II Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with County Clerk Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant Other agreement if not deed or lease, (matching Applicant Name provided on page 1) DR 8404 (08/08/24) Page 5 of 16 IV. Background information (DR 8404-1) and financial documents II Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://cbi.colorado.gov/sections/biometnc-identification-and-records-unit/biometric- identification-and-records-unit-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI Purchase agreement, stock transfer agreement, and/or authorization to transfer license List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) Form DR 4679 Lawful Presence Affidavit Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) Certificate of Incorporation II Certificate of Good Standing II Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) II Partnership Agreement (general or limited). Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) Copy of articles of organization Certificate of Good Standing Copy of Operating Agreement (if applicable) Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application $30.00 fee If owner is managing, no fee required DR 8404 (08/08/24) Page 6 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years?................................ U Yes 9 No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?......................................................... Q Yes ^ No b. Had an alcohol beverage license suspended or revoked?................................ Q Yes • No c. Had interest in another entity that had an alcohol beverage license suspended or revoked?......................................................................................... 0 Yes • No If you answered yes to a, b or c above, explain in detail on a separate sheet. 3. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years?.............. 0 Yes ^ No If "yes", explain in detail. 4. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? ..................................................... 0 Yes • No or Waiver by local ordinance? 0 Yes 0 No ^ Other 5. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the I principal doorway of the Licensed LLDS/RLS........................................................... 0 Yes 0 No^jjA, DR 8404 (08/08/24) Page 7 of 16 6. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS..................................^ 0 Yes Q No ^//1 For additional Retail Liquor Store only. a. Was your Retail Liquor Store License issued on or before January 1, 2016?.... Q Yes 0 No ;0/4 b. Are you a Colorado resident?............................................................................... Q Yes 0 No 7. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in said business including any loans to orfrom a licensee..................................................................... 0 Yes ^ No 8. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement?.......... • Yes 0 No 0 Ownership ^ Lease 0 Other (Explain in detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires L)m.TE^ s?lWp> ST^(^^(oftLLO^PV^ T^& LLG ^LDSL°[ b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9.................................................................... 0 Yes • No c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than QYz" X 11". DR 8404 (08/08/24) Page 8 of 16 9. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name First Name Date of Birth (MM/DDA'Y):EIN or SSN Number nterest/Percentage -ast Name rirst Name Date of Birth (MM/DD/YY)rEIN or SSN Number nterest/Percentage -ast Name rirst Name Date of Birth (MM/DD/YY)rEINorSSN Number nterest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 10. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted?.... 0 Yes 0 No ^^ Number of additional Optional Premise areas requested. (See license fee chart) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 11. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise?................................................................. 0 Yes 0 No |Q If "yes" a copy of license must be attached. DR 8404 (08/08/24)Page 9 of 16 12. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?..................... 0 Yes 0 No 0/ft b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?........................ 0 Yes 0 No (0/ft- c. How long has the club been incorporated?. d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?.................................... 0 Yes 0 No ^^ 13. Brew-Pub, Distiltery Pub or Vintner's Restaurant applicants answer the following: a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached).......................................................................... 0 Yes 0 ? /^ 14. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education?............................................. Q Yes 0 No b. Is the applicant a person who contracts with the institution of higher education to provide food services?.......................................................,............. 0 Yes 0 No If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 15. For all on-premises applicants. a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. -ast Name of Manager Zb£l> rirst Name of Manager AA/A^r^^'A 16. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number............................................................... ^ Yes 9 No Name Fype of License \ccount Number DR 8404 (08/08/24) Page 10 of 16 17. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex?.................................................................................................. 0 Yes 0 No If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility - Campus Liquor Complex Last Name of Manager First Name of Manager 18. Entertainment Facility License If Applicant is applying for an Entertainment Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:.................0 Yes 0 No /o//? Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which the primary business is to provide the public with sports or entertainment activities within its licensed premises; and that, incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. If Applicant is applying for a Lodging Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:...........0 Yes 0 No /^//f. Pursuant to 44-3-103(29) C.R.S., a Lodging Facility means an establishment in which the primary business is to provide the public with sleeping rooms and meeting facilities; and that sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. 19. Tax Information. a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?................................... 0 Yes 9 No b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?......... Q Yes 0 No DR 8404 (08/08/24) Page 11 of 16 If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Jame Ai<vAsr/^//) ^€fc~/> ate of Birth (MM/DDAT) Street Address 1^3^ TiMET ^oi-c- '^)'-^Esre^ 'TA(L< slame 4-,^-V^V i.^l "Rse-O ate LO P Code ?05/? 3sition % Owned ?AJ£t 57;? Date of Birth (MM/DDA'Y) street Address \^W "P^ ^^ ~Da^ ;ity fer&S "P^VL ^ame ate^P Code 805/7 3sition % Owned o^^C ¥}7. Date of Birth (MM/DD/YY) Street Address ;ity slame :at(P Code osition % Owned Date of Birth (MM/DD/YY) Street Address =ity ^ame tat<IP Code osition % Owned Date of Birth (MM/DD/YY) street Address 3ity tati IP Code osition % Owned OR 8404 (08/08/24)Page 12 of 16 ** If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations - the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. I would like to apply for a Two-Year Renewal.Yes 0 No Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer and Wine Code which affect my license. Printed Name ^/^TkCAfL^^Q Aut^rizecj Sj^n^ture Report and Approval ntie 0^^ "- Date (MM/DD/YY) ss>//^/^~7~r of Local Licensing Authority (City/County) Date application filed with local authority 3l3v|z-o-ZJS Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application)5li3>lzoT<r For Transfer Applications Only - Is the license being transferred valid?........................ 0 Yes 0 No The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: Fingerprinted Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) 0 Date of inspection or anticipated date <^ Will conduct inspection upon approval of state licensing authority D Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of > 10,0000?0 Yes 0 No DR 8404 (08/08/24)Page 13 of 16 Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of < 10,0000? .................................. 0 Yes 0 No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived from the sale of food, during the prior twelve (12) month period?............................ 0 Yes 0 No The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. Local Licensing Authority Approves this license for a two-year renewal....................... Q Yes 0 No If "No", please cite the law, regulation, local ordinance or resolution that gives the local licensing authority the ability to deny the applicant and grounds for denial. Also, please provide any and all investigative reports, and administrative or criminal action that relate or justify this denial. Proof of Violation Local Licensing Authority for Telephone Number \o<->->r>-> of fe^r?fc-&> 90(e*L CTVO-<>TT(-- i-mi Fown^City 0 County Printed Name Title foOnO-^ VVKVO—^-<-f^Mo^ signature Date (MM/DD/YY) Printed Name Title "v^-<=>h-s c-^jeja-*^ Signature Date (MM/DD/YY) DR 8404 (08/08/24)Page 14 of 16 DR 8495 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 (303) 205-2300 Tax Check Authorization, Waiver, and Request to Release Information lA/ASfACi/4- M. Cd. '~REEC^4- am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of (the "Applicant/Licensee") ^LLOLO^ ^£0. Z/-G to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the ApplicanVLicensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as theApplicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/ Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Page 15 of 16 Name (Individual/Business) LLoio^TQE^ LLC ^^^ ^fj^w-^^6 social Security Number/Tax Identification Number -fame Phone Number ^'WD-W^ Business/Work Phone Number ^0 • ^ - Wf Street Address 1^ t. City f/LZto ^\^ State ZIP Code fer^S Co 11 ^tei7 Printed name of person signing on behalf of the Applicant/Licensee /JA^rAc^iA _^M. Cs-i. //^^ Appticantl-icengje^Signatuj^/Signature authorizing the disclosure of confidential tax information) Date §igned 7,^-^3/^/35' Privacy fi^Statement ~7~7~ Providing youFSocFal Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). DR 8495 (02/16/24)Page 16 of 16 Fe^cc QASSiS.r 6otu^<i WIM€ BAR. IHWJL&MEVJ '^rAMBE4 ^WS6An^6|OA/^fi0U<0'a V&i. 39HVW3 -h-t ^S'SI ^'% 7NKW&A opsmies] SEATKW*, TO{? ^SATS^^OT^s^85^S<S r^s.Les^/o^' ^3 I l^ao^^ 'SgA XO^£L^? Ui.^ ISO £• £L^ 0(2.^ Ay ^ ,^=0 ?Cfflr7- ^ ^^0 "t- ^ -Jvu / / / ^^"%^'^;^'; ^' ^Oj^7^s^9 •^^wo^~f7 pas'/(^^^^ -yr] o??7) ^wm^ -fc-^^ DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business I^UJD^M te^ ti^L Home Phone Number cellular Number <3M-(o'70-CCQ5- Your Full Name (last, first, middle) TLE^ ^A/AS-rAcM /^/.^^l &/^^^List any other names you have used Mailing address (if different from residence) Email Address toAjOLCLo^P t(\^e\lbraD,d-or^ 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP \W\ <\WcK^^X\^ || E^^ ?K. pjp ^05/7 From: To: \\te ,M^ II ?^503- 3revious Street and Number 3revious City, State, ZIP From:fo: Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business (oftLkOUW (?^0 ti^ Address (Street, Number, City, State, ZIP) ?^ tttW fluL <?sr& P/?R^ A /T057'7 Position Held Wi'<A =rom: V\(m A) 14 0: ?tea5T Name of Employer or Business ^ECT &(6^o ^- Address (Street, Number, City, State, ZIP) \59. £ iW\a? ^ C^es M, Co ft^/'7 Position Held ou^eK -rom: ^?^(50?. r2C^o 0: %S^?~- Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held From:ro: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. ^ame of Relative relationship to You: aosition Held ^Jame of Licensee Name of Relative relationship to You: ::>osition Held \Jame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Individual History Record (Continued) ^lame of Relative relationship to You: =losition Held ^lame of Licensee Mame of Relative relationship to You: Position Held ^Jame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) 0 Yes ® No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?. (If yes, answer in detail.) 0 Yes No 6.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?....................................................................... Q yes (If yes, answer in detail.) d No 7.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes No DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes (If yes, answer in detail.) No Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth 5r£o6f(0 V((A^, 6^- U.S. Citizen • Yes 0 No If Naturalized, state where /Vhen ^ame of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number Height s '.y~ /Veight76^~-fair Color M^<^ Eye Color <s^w^ Sender FWA.^ Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No PjnjD(<L?)o Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other..-^-5000.00 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid. ^0. oo NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment \ccount Type Bank Name amount Fype: Cash, Services or Equipment \ccount Type Sank Name \mount Type: Cash, Services or Equipment account Type Bank Name \mount Type: Cash, Services or Equipment account Type Sank Name Vnount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type CF^dlAS^iMG, Bank Name Amount 2^0^- D^- GOLO^Ps^O ^^000.00 Type: Cash, Services or Equipment Loans Account Type Bank Name amount Type: Cash, Services or Equipment -oans account Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term 1 Security ' p~ I . ,-. .-,,.1.-^,.. Amountr DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Name of LenderLL Term Security Address AmountL ^ame of Lender address Ferm Security Vnount ^ame of Lender \ddress Term Security \mount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. ANA^AUA tepPrint Sdgpgiturj -<2 <y Date (MM/DDA^Y) OCO/Orf 03-P-^5- DR 8404-1 (12/05/24)Page 6 of 6 DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business foflu-oa^ &5 ^C Home Phone Number cellular Number t7b -yt^-^A^ Your Full Name (last, first, middle) n?^b, te\jiu 'R^^KLI/O List any other names you have used Mailing address (if different from residence) Email Address K£M'» (\ (o) in K a>6 /1 ^zo) , GO /r? 1. List current residence address. Include arty previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP IOM ?/<!/£ ^IOIL J^//fc ||£S?s7^, ^)^5-/7 From:To: \\}^,^D/S Te^E^ Previous Street and Number 3revious City, State, ZIP From:ro: Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business ^ftLmiW-1 ^b LUL Address (Street, Number, City, State, ZIP) :>osition Held ^& 1% ^L _L_y^-icui 4^-/^^s •^m)k,In ?517 From:^To: Us^m ,^T^or Name of Employer or Business V^S) ^\0 L<X- Address (Street, Number, City, State, ZIP) \T& L t^MS ^ ^T^h} ?5/7 Position Held W\\<€t From:To: &»nUfcyL ^oAo "Pl^/u'r- Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held = rom:fo: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You: Position Held *^ame of Licensee Mame of Relative relationship to You: =>osition Held ^ame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Individual History Record (Continued) Mame of Relative relationship to You: :>osition Held Mame of Licensee \lame of Relative relationship to You: ::>osition Held ^ame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) 0 Yes No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?..................................................................... Q yes (If yes, answer in detail.) No 6.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?....................................................................... ^ yes (If yes, answer in detail.) No 7.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes No DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes ^ No (If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth W^ILU, Th/ U.S. Citizen 9 Yes 0 No If Naturalized, state where When \jame of District Court Naturalization Certificate Number Date of Certification fan Alien, Give Alien's Registration Card Number :3ermanent Residence Card Number -leightJW /Veight /fo5' -lair Color <^-OAJD<^ Eye Color SU}^ Bender frifl^ Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No ^(y-om^o Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other..A5'C)00.00 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid.^0.00 NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment \ccount Type Bank Name amount Type: Cash, Services or Equipment Xccount Type Bank Name \mount Fype: Cash, Services or Equipment account Type Bank Name amount Type: Cash, Services or Equipment \ccount Type Sank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type C?^C^O^Ai^ Bank Name ^»0^. op QC^O^ASO amount ^"000.00 Fype: Cash, Services or Equipment -oans account Type Sank Name amount Fype: Cash, Services or Equipment -oans \ccount Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address term Security \mount DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Mame of Lender \ddress term Security \mount ^ame of Lender address Ferm Security \mount Name of Lender address Ferm Security amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. .^. /Y^.Print Signature I X&//J /^££j Title Date (MM/DD/YY) ^/A/f^o^ /j^/2^~^7 DR 8404-1 (12/05/24)Page 6 of 6 TOWN OF ESTES PAR]^ April 22, 2025 Jackie Williamson, Town Clerk Town of Estes Park EstesPark,C080517 RE: Inkwell and Brew Reed, Anastacia Reed, Kevin F. Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above business and individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the updates. There are no criminal reports involving the business or the individuals listed in the past year. We acknowledge that there are reports that involve the address due to a previous business at that location but does not involve these individuals listed. Sincerely, lan Stewart Chief of Police Estes Park Police Department 170 MACGREGOR AVE. P.O, BOX 1287 Police Department lan Stewart, Chief of Police ESTES PARK, CO 80517 www.estes.org 970-577-3825 istewart@estes.org ATTACHMENT 4 TOWN CLERK To: Honorable Mayor Hall Board of Trustees Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: May 13, 2025 RE: Resolution 50-25 New Hotel & Restaurant Liquor License Filed by Fortuna Aurea Inc. dba The Park Tavern 237 & 247 W. Elkhorn Avenue, Estes Park, CO 80517 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Approval of a new Hotel & Restaurant liquor license located at 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado. Application filed by Fortuna Aurea Inc. dba The Park Tavern. Present Situation: An application for a new concurrent Hotel & Restaurant liquor license was received by the Town Clerk’s office on April 11, 2025. All necessary paperwork and fees were submitted; please see the attached Procedure for Hearing on Application – New Liquor License for additional information. The applicant is aware of the Town Board’s Training for Intervention Procedures (TIPS) requirement. Two members of Fortuna Aurea Inc. currently own a restaurant and have been TIPS trained. It is worth noting the location was previously licensed as the Twisted Griffin and the licensees lost possession of the property earlier this year. This location has been a restaurant over the years and maintained a liquor license to serve its customers. The liquor license application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application simultaneously with the Town and expedites the issuance of the new liquor license and allows the applicant to operate the license as soon as possible. Proposal: The application and relevant documents have been included for the Town Board’s review and consideration for a new Hotel & Restaurant liquor license. The licenses has requested the license to serve alcohol at the restaurant and the patio. Advantages: Approval of the license provides the business owner with the opportunity to operate a liquor-licensed establishment in the Town of Estes Park. Disadvantages: The owner is denied a business opportunity to operate a liquor license establishment. Action Recommended: Approval of the application for a new Hotel & Restaurant liquor license. Finance/Resources Impact: The fee paid to the Town of Estes Park for a new Hotel & Restaurant Liquor license is $1,319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for a Hotel & Restaurant Liquor license is $869. Level of Public Interest: Low Sample Motion: I move that Resolution 50-25 be approved/denied. Attachments: 1. Procedure for Hearing 2. Resolution 50-25 3. Application, Diagram, Individual History 4. Police Report 1 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1.MAYOR. The next order of business is convening the Liquor Licensing Authority for the Town of Estes Park. The next order of business will be the public hearing on the application of Fortuna Aurea Inc. dba The Park Tavern, for a new Hotel & Restaurant Liquor License located at 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed April 11, 2025.  At a meeting of the Board of Trustees on April 22, 2025, the public hearing was set for 7:00 p.m. on Tuesday, May 13, 2025.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.5 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Corportion.  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on May 2, 2025 . ATTACHMENT 1  The premises was posted on May 2, 2025 .  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: X Unscheduled Scheduled * Completed  There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT.  The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS.  The opponents will be given an opportunity to state their case and present any evidence in opposition to the application.  The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication.  Indicate that all evidence presented will be accepted as part of the record.  Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing.  Declare the public hearing closed. 6. SUGGESTED MOTION: I move that Resolution 50-25 be approved/denied for a new Hotel & Restaurant liquor license for the Fortuna Aurea Inc. dba The Park Tavern, 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado. RESOLUTION 50-25 A RESOLUTION PERMITTING A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR FORTUNA AUREA INC. DBA THE PARK TAVERN WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor Licensing Authority for the Town of Estes Park held a public hearing on May 13, 2025 for a New Hotel & Restaurant Liquor License, filed by Fortuna Aurea Inc. dba The Park Tavern, 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel & Restaurant Liquor License, filed by Fortuna Aurea Inc. dba The Park Tavern, 237 & 247 W. Elkhorn Avenue, Estes Park, Colorado be approved. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 2 DR 8404 (08/08/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^, • _ _•_ i • _ r-» . ••• . • ••(3o3)2o5"23oo Colorado Liquor Retail License Application * Note that the Division will not accept cash Q Paid by Check Date Uploaded to Movelt Paid Online New License [><T New-Concurrent || Transfer of Ownership || State Property Only || Master file • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: S6G. Colorado.gov/Liquor Applicant is applying as a/an Individual Corporation Limited Liability Company Association or Other Partnership (includes Limited Liability and Married Couple Partnerships) Applicant Name If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation f^^T^A ^VU^A /MC - FEIN Number State Sales Tax Number Trade Name of Establishment (DBA) fW^ T^v^M Business Telephone C11'<b- -L-^ - ^0154 Address of Premises (specify exact location of premises, include suite/unit numbers) ^+T ^ ^^ ^ e^^r(9^v/ ^'t/^- City County State ZIP Code ^-Tt^ fAM^ bailing Address (Number and Street) ^/WM^G City or Town l^o m^T^^^oA ^.|&7^ ^7^c ^ tate ^ y^Tr IP Code5WT Email Address oo/i^ 7 If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) =>resent State License Number 3resent Class of License 3resent Expiration Date Page 1 of 16 ATTACHMENT 3 Section A Nonrefundable application fees* II Application Fee for New License...................................................................................................................$1,100.00 Application Fee for New License with Concurrent Review............................................................................$1,200.00 II Application Fee for Transfer...........................................................................................................................$1,100.00 Section B Liquor License Fees* II Add Optional Premises to H & R ...............................................................$100.00 X Total Add Sidewalk Service Area.................................................................................................................................$75.00 II Arts License (City)................................................................................................................................... II Arts License (County).......................................................................................................................................$3 II Beer and Wine License (City)...........................................................................................................................$351.25 Beer and Wine License (County)......................................................................................................................$436.25 Brew Pub License (City).................................................................................................................................. $750.00 Brew Pub License (County)..............................................................................................................................$750.00 II Campus Liquor Complex (City)........................................................................................................................$500.00 Campus Liquor Complex (County)...................................................................................................................$500.00 Campus Liquor Complex (State)......................................................................................................................$500.00 II Club License (City)........................................................................................................................................^ Club License (County)......................................................................................................................................$308.75 Distitlery Pub License (City)..............................................................................................................................$750.00 Distillery Pub License (County)........................................................................................................................$750.00 II Entertainment Facility License (City)................................................................................................................$500.00 II Entertainment Facility License (County)...........................................................................................................$500.00 / Hotel and Restaurant License (City).................................................................................................................$500.00 II Hotel and Restaurant License (County) ...........................................................................................................$500.00 II Hotel and Restaurant License with one optional premises (City).....................................................................$600.00 Hotel and Restaurant License with one optional premises (County)................................................................$600.00 DR 8404 (08/08/24) Page 2 of 16 Section B Liquor License Fees* (Continued) II Liquor-Licensed Drugstore (City).....................................................................................................................$227.50 II Liquor-Licensed Drugstore (County)................................................................................................................$312.50 Ij Lodging Facility License (City)..........................................................................................................................$500.00 II Lodging Facility License (County) ....................................................................................................................$500.00 Manager Registration - H & R ............................................................................................................................$30.00 Manager Registration -Tavern ...........................................................................................................................$30.00 II Manager Registration - Lodging & Entertainment ..............................................................................................$30.00 II Manager Registration - Campus Liquor Complex ...................................,..........................................................$30.00 Optional Premises License (City).....................................................................................................................$500.00 Optional Premises License (County)................................................................................................................$500.00 II Racetrack License (City)..................................................................................................................................$500.^ II Racetrack License (County).............................................................................................................................$500.00 II Resort Complex License (City).........................................................................................................................$500.00 Resort Complex License (County)....................................................................................................................$500.00 II Related Facility - Campus Liquor Complex (City).............................................................................................$160.00 II Related Facility - Campus Liquor Complex (County) .......................................................................................$160.00 II Related Facility - Campus Liquor Complex (State) ..........................................................................................$160.00 Retail Gaming Tavern License (City)................................................................................................................$500.00 Retail Gaming Tavern License (County)...........................................................................................................$500.00 II Retail Liquor Store License -Additional (City)..................................................................................................$227.50 II Retail Liquor Store License -Additional (County).............................................................................................$312.50 Retail Liquor Store (City)..................................................................................................................................$227.50 DR 8404 (08/08/24) Page 3 of 16 Section B Liquor License Fees* (Continued) II Retail Liquor Store (County), Tavern License (City). Tavern License (County). Vintners Restaurant License (City). II Vintners Restaurant License (County). Questions? Visit: SBG.Colorado.gov/Liquor for more information Do not write in this space - For Department of Revenue use only Liability Information .$312.50 .$500.00 .$500.00 .$750.00 .$750.00 -icense Account Number -iability Date License Issued Through (Expiration Date)Total DR 8404 (08/08/24)Page 4 of 16 Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: SBG.Colorado.gov/Liquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information Applicant/Licensee identified II State sales tax license number listed or applied for at time of application iI License type or other transaction identified Return originals to local authority (additional items may be required by the local licensing authority) All sections of the application need to be completed II Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises D No larger than 81/2"X 11" Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Separate diagram for each floor (if multiple levels) II Return originals to local authority (additional items may be required by the local licensing authority) II Kitchen - identified if Hotel and Restaurant Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) II Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with County Clerk II Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant Other agreement if not deed or lease, (matching Applicant Name provided on page 1) DR 8404 (08/08/24) Page 5 of 16 IV. Background information (DR 8404-1) and financial documents II Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT Phone: 844-539-5539 (toll-free) IdentoGO FAQs: https://cbi.Colorado.gov/sections/biometric-identification-and-records-unit/biometric- identification-and-records-unit-faqs State Liquor Code for IdentoGO: 25YQHT Colorado Fingerprinting Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI Purchase agreement, stock transfer agreement, and/or authorization to transfer license List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) II Form DR 4679 Lawful Presence Affidavit Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) II Certificate of Incorporation Certificate of Good Standing II Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) iI Partnership Agreement (general or limited). II Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) II Copy of articles of organization Certificate of Good Standing II Copy of Operating Agreement (if applicable) Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application $30.00 fee If owner is managing, no fee required DR 8404 (08/08/24) Page 6 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years?................................ (-) Yes v^r No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?......................................................... Q Yes t-0 No b. Had an alcohol beverage license suspended or revoked?................................ Q Yes U0rNo c. Had interest in another entity that had an alcohol beverage license suspended or revoked?......................................................................................... 0 Yes \^Q No If you answered yes to a, b or c above, explain in detail on a separate sheet. 3. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years?.............. 0 Yes \^) No If "yes", explain in detail. 4. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? .................................................... 0 Yes ^Q No or Waiver by local ordinance? 0 Yes 0 No Other 5. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes 0 No DR 8404 (08/08/24) Page 7 of 16 6. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be /V?(T determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS........................................................... 0 Yes 0 No For additional Retail Liquor Store only. a. Was your Retail Liquor Store License issued on or before January 1, 2016?.... Q Yes 0 No b.Are you a Colorado resident?..................................,........................,................... Q Yes 0 No 7. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current financial interest in_s,aid business including any loans to or from a licensee.^.i/iA^^^5'.,&^.^.^5.M/^ .VO^fes 0 No^^^'^y€"^ff j "^' "ff^ 8. Does the applicant, as listed on line 2 of this application, have legal possession of the premises by ownership, lease or other arrangement?......... .^-OYes 0 No 0 Ownership \Q Lease 0 Other (Explain in detail) a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Tenant Expires ^u^AfiW) f^tm/^y rpjM^ \ \^f<^f^ ^w^/t-- /A^ 11^^/^7/^/ ^T b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9.................................................................... 0 Yes LQ^o c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than QVz" X 11". DR 8404 (08/08/24) Page 8 of 16 9. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name First NameM^T 77^\ Date of Birth (MM/DD/YY)=EIN or SSN Number nterest/Percentage ^W^4^' -ast Klame /=irst Name Date of Birth (MM/DD/YY)rEIN or SSN Number nterest/Percentage Last Name :irst Name Date of Birth (MM/DDA/Y)=EIN or SSN Number nterest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 10. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted?.... 0 Yes 0 No Number of additional Optional Premise areas requested. (See license fee chart) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 11. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise?................................................................. 0 Yes 0 No If "yes" a copy of license must be attached. DR 8404 (08/08/24)Page 9 of 16 12. Club Liquor License applicants answer the following: Attach a copy of applicable documentation a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?.................... . 0 Yes 0 No b. Is the applicant organization a regularly chartered branch, lodge or chapter A/)^-" of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?........................ (-) Yes (-) No c. How long has the club been incorporated?. d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above?.................................... 0 Yes 0 No 13. Brew-Pub, Distillery Pub orVintner's Restaurant applicants answer the following: a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached).......................................................................... 0 Yes 0 No 14. Campus Liquor Complex applicants answer the following: /\f^ a. Is the applicant an institution of higher education?............................................. Q Yes 0 No b. Is the applicant a person who contracts with the institution of higher education to provide food services?..................................................................... 0 Yes 0 No If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 15. For all on-premises applicants. a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. -ast Name of Manager T/A\^/^' :irst Name of Manager riA^Ti^ 16. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide _ _^ name, type of license and account number............................................................... (-) Yes l^ No Name Type of License \ccount Number DR 8404 (08/08/24) Page 10 of 16 17. Related Facility - Campus Liquor Complex applicants answer the following: /\^ a. Is the related facility located within the boundaries of the Campus Liquor Complex?.................................................................................................. 0 Yes 0 No If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility - Campus Liquor Complex Last Name of Manager First Name of Manager 18. Entertainment Facility License If Applicant is applying for an Entertainment Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:.................0 Yes 0 No Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which the primary business is to provide the public with sports or entertainment activities within its licensed premises; and that, incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. If Applicant is applying for a Lodging Facility License, you affirm that your business model and aligns with the statutory privileges and requirements:...........0 Yes 0 No Pursuant to 44-3-103(29) C.R.S., a Lodging Facility means an establishment in which the primary business is to provide the public with sleeping rooms and meeting facilities; and that sells and serves alcohol beverages at retail for consumption on the licensed premises; and has sandwiches and light snacks available for consumption on the licensed premises. 19. Tax Information. a. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business?................................... 0 Yes •j2^No b. Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.?......... Q Yes \0^ No DR 8404 (08/08/24) Page 11 of 16 If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Date of Birth (MM/DDA/Y) I^/W^" ^/^ MTK'/t- Street Address l^v ^rv-^V4v£.; i^^iT ^ City State ZIP Code Position % Owned IW^J f^^<K3 W/T| \Vf€^. f^7M<11 ^--/ Mame 5^fW 'T/A/L^A Street Ad dress f0'^f f)fNf- t</^V^ A^ - City State ZIP Code Position % Owned {^)T^ fw-^00 s^nr\ | ^-£J-/M<T ||^%) Name Date of E?irth (MM/DD/YY) v\ Kr^y/^ y^/wT^<Ai^_ Street Address A4-v^A/ /)vfc-.) wv/r ^ City State ZIP Code Position % Owned £5^t^ ^K Go ^or^-17^/^/iA^--11 ^-'% Mame ^ \^L M/A-CTY ate of Birth (MM/DD/YY) Street Address irro f^v-^f^^L-E-^^ x. City State ZIP Code Position % Owned f^^ f^<1^w^^c^-T^y ^'lru Mame Date of Birth (MM/DD/YY) Street Address 3ity State ;IP Code position '/o Owned DR 8404 (08/08/24)Page 12 of 16 APF If applicant is owned 1 00% by a parent company, please list the designated principal officer on above. Corporations - the President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) If total ownership percentage disclosed here does not total 1 00%, applicant must check this box: Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. I would like to apply for a Two-YearRenewal................................................................. Q Yes 0 No Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer and Wine Code which affect my license. Printed Name Title T\^r^ ff/^iL^f^f/tjE^t^/7 Authorizec^J^nature Date (MM/DpA/Y) YW wnuw- 'eport/and Approval of Local Licensing Authority (City/County)T Date application filed with local authority 4/nl-^o-z^ Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application)^ ft"2) 1-^C^Z^ For Transfer Applications Only - Is the license being transferred valid?........................ 0 Yes 0 No The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-1 (Individual History Record) or a DR 8000 (Manager Permit) has been: Fingerprinted Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with and aware of, liquor code provisions affecting their class of license (Check One) 0 Date of inspection or anticipated date Ql^ Will conduct inspection upon approval of state licensing authority n Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off-premises sales inajurisdictionwithapopulationof> 10,0000? ......................^A:..... U Yes U No DR 8404 (08/08/24)Page 13 of 16 II Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off-premises sales in a jurisdiction with a population of < 10,0000? .................................. 0 Yes 0 No NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived from the sale of food, during the prior twelve (12) month period?............................ U Yes U No The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, Article 4 or 3, C.R.S., and Liquor Rules. Therefore, this application is approved. Local Licensing Authority Approves this license for a two-year renewal....................... Q Yes 0 No If "No", please cite the law, regulation, local ordinance or resolution that gives the local licensing authority the ability to deny the applicant and grounds for denial. Also, please provide any and all investigative reports, and administrative or criminal action that relate or justify this denial. Proof of Violation Local Licensing Authority for Telephone Number -<»-<_><^-i <^>^ €^£y-TFl-S» <:?>0r<a-f c=iT-o -S^-T^ 'Town,\City 0 County Printed Name Title IKV<-«>_\-<-<>^Z5(CL Signature Date (MM/DDA/Y) Printed Name Title t-^-P^-/01^ signature Date (MM/DD/YY) DR 8404 (08/08/24)Page 14 of 16 DR 8495 (02/16/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 (303) 205-2300 Tax Check Authorization, Waiver, and Request to Release Information ^r^T/M/L-^/v^T am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of (the "Applicant/Licensee") f^^\A^K A^^-^ 1^- to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. If I am signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have the authority to execute this Waiver on behalf of the Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of tax information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as theApplicant's/Licensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/ Licensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use the information and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Page 15 of 16 Name (Individual/Business) \^ r/\v^^ Social Security Number/Tax Identification Number Home Phone Number ^-^T-^^7 usiness/Work Phone Number Street Address ^.^ V^-?- V\f. ^L-l^to^/'A^/^. 3ity ^-r^ f>^^. .tate^IP Code J^O ^ T Printed name of person signing on behalf of the Applicant/Licensee Jk^ r^iL-5/yV^ Applicant/Lige^see's Signature (Signature authorizing the disclosure of confidential tax information) Date ^igned^V^L-l&^ ^^ ,^////^r 7T Privacy Act St^ter^ent Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). DR 8495 (02/16/24)Page 16 of 16 CN<o,y6 ^\src^ C^o ^^^^^6e) Af^< 7^ ^^^ ^7, ^< . Ef/<hwn A^e.'^-^ ^vC ^/fcA^v 7^. ^-^ ^ ^"< 0s" ^\c?cws ^\\ •d a2^/Tr---——i.-^-- 3 » \ ^•-v7'c\M w^$° ^\ ^ \^v\\^v'^\ •^ ^;\\^\\err> ^^ BEFORE THE STATE LICENSING AUTHORITY DEPARTMENT OF REVENUE STATE OF COLORADO AFFIDAVIT FOR SURRENDER OF STATE LIQUOR LICENSE IN THE MATTER OF: LICENSEE: T^n^J) ^f^f-1^ P ^ ^AJ^WUA^T L L(- TRADENAME: TW[^^ ^^tf^ P\A^ ^^^^TU^t/VT ADDRESS: ^^__W_^^^0^_^^^__ CITY: 0"7f^<) ff\!^<- STATE: C/<9 ZIP CODE: TELEPHONE: EMAIL: LICENSE NO: 071-- \°}^^r , Tfln^ Vftw -H~& ^ MI, J fl*A<? VdV\ TTQ ^ M __, an authorized representative of the above-named Licensee hereby voluntarily surrender the Colorado state liquor license and aU related licensing privileges. Licensee hereby requests the Liquor Enforcement Division ("Division") of the Colorado Department of Revenue, on behalf of the State Liquor Licensing Authority, to immediately cancel, terminate, and void Licensee's Colorado state liquor license. Licensee states that this surrender of Licensee's Colorado state liquor license and licensing privileges is made voluntarily by the Licensee, and that Licensee is not surrendering the aforesaid liquor license(s) and privileges as the result of any threat, promise, or coercion by the Division or any of its agents or employees. Licensee further acknowledges: • This surrender does not violate any requirements of a Forcible Entry and Detainer (FED) order, or Writ of Restitution requiring the licensee to dispossess the licensed premises. • That an application to transfer this liquor license has not been filed with the local licensing authority. • This is not an attempt to avoid prosecution of a violation of the Colorado Liquor Code and that the Division may refuse to accept this affidavit of surrender until after any pending administrative action is complete. • The Licensee's privileges will be canceled, terminated, and voided upon the issuance of an order by the Director of the Division accepting this voluntary surrender of licenses. I affirm under penalty of perjury, I am authorized to surrender this license on behalf of the aforementioned Licensee. Name <Ue-LV^-^Q(Ai Signature '^Mj^O/z^h-i^ Title^/U M^ ^ ~S) Of lJl)l?^ fi ^ |u Date Af^U (I ^0/)^/)~ Is this Affidavit for Surrender part of a Change of Class or New Issue License? [_| Yes Q No DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business ^'OFf^^ 4W^A /y^ T^ .^^<l T7) '/^A^ Home Phone Number cellular Number Your Full Name (last, first, middle) ^VvVV. ?W1WV, ^^ List any other'names you have used Mailing address (if different from residence) fbW H^'TW/^f^oi^ ^v^^-T^ ^^^^'^^^^^^^^^^^^^^^^^^^^^^ Email Address -^TU/^/^-^/Ffe/^O ^v^U,^ O^y^ 1. 'List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP \^ f^/£^/\v^U^t:.^T 11\€^€^ S)(M^^ ^ (N57?- From:' , , / To: ^r ,01/^^0 \\yzu^^ Previo6s Strefet and Number Devious City, State, ZIP From:fo: Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business 4—^v^ ^Air/^L 1/v^. ^^T^ i^w^^ <^^^^w^y Address (Street, Number, City, State, ZIP) A^ J^M 7^^!YL^^n^'" <^v^--. 3sition Held I (^0^- y-v^V^/ From:To: Pl- /f-^/^^w^fc' Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held = rom:ro: Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held From:fo: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You: /A^//v^r =>osition Held ^lame of Licensee Mame of Relative relationship to You: Position Held ^ame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Individual History Record (Continued) \lame of Relative relationship to You: =>osition Held \lame of Licensee Mame of Relative relationship to You: =>osition Held \lame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to Yes C) No any licensee?..............................................................................................................." (If yes, answer in detail.) T^A/T^) 6^\oWo^t-^ /^a^^e f- o^-^of^if 5. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?..................................................................... Q yes \P!^NO (If yes, answer in detail.) 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?....................................................................... ^ yes >jPT^No (If yes, answer in detail.) 7. Are you currently under probation (supervised or unsupervised), parole, or the reauirements of a deferred sentence?.. .......................................... ^ l^completing the requirements of a deferred sentence?. (If yes, answer in detail.) DR 8404-1 (12/05/24) Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes \0^ No (If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth ^ ^T^v-^^.'V^-^C If Naturalized, state where When U.S. Citizen 0 Yes Jcf^o Name of District Court Naturalization Certificate Number Date of Certification T fan Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number Height T7'?" /eight /^rU -fair Color ^n/^L Eye Color J^cn/v/K^ Bender A^Mj^ Do you have a current Driver's License/ID? If so, give number and state, i...,...........;.. Driver's License Number Driver's License State LCTYes 0 No Goi^L^fLo Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other..'IC^^^TV'G^ 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid..0 S(A) NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment account Type Bank Name 'amount Type: Cash, Services or Equipment Xccount Type Bank Name \mount type: Cash, Services or Equipment \ccountType Bank Name Vnount type: Cash, Services or Equipment account Type Bank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment -oans \ccount Type Sank Name \mount type: Cash, Services or Equipment -oans (\ccount Type Bank Name \mount Type: Cash, Services or Equipment -oans account Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address s^> ^t^z- 77/n -T i^-rT /W- ^i>f^JW^^/<Af^ ^r;yATermSecurityAmount ^ 1€^)^HJ/M157 fW.yw ~c^ DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Mame of Lender \ddress Term security \mount Name of Lender address Term Security amount \lame of Lender \ddress Term Security (\mount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electroiyo. signature is not accepted, physical signature is required. Print Signature^^ ?/^ u^^ Title Date (JMM/DDA/Y) ViC.^f)^€^(^^'T ^//f/^-r DR 8404-1 (12/05/24)Page 6 of 6 OR 8404-1 (03/06/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303)205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of ~J^_ Business iAV\^WYc^_'^-n^/d^^//<^J^t/'^yK- Home Phone Number Cellular Number €f^-W^r-^OB^ Your Full Name (last, first, middle) //^//fe^n^ •c=>i^)lb List any other names you have used/ f^/fir Mailing /6( address (if ^ ^/ different from residence) X-T '7h6^ps<^\ AT v^i O^e^^/A~,ce>,to B i^- ^3 v ^ b ^3 ^-^ n^t i ^ < <^®n< 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP (0^^ f/H^ f^tl ^f&^ /9^<—j 6^/ ^o5J'^- From: S^f>>- ^o'Xo fo: '~i' <^> e-v^ Previous'Street and Number Previous City, State, ZIP <y?65o 66^yi6^j c^r,f-<^he^ paY/^^ c^^o&^^r From: Ai^.- ^o l^ / ro: ft. ^ T <So'7<9 Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business 'HT^^'^Y'^ C't-^f V\~0V^^€_ address (Street, Number, City, St^te, ZIP) /^ ID f2?i"°l 7'^M^,<M ^i/-f, Position Held / / ^« ^-e^^-z-v^ = rom: H^/ ^€l9^ Mame of Efriployer or Business ^/h-^ c$/^<4/^y //^ /^L address (Street, Number,/;ity, State, ZIP) 3 5 3? 6. ^-^ ^ ^y i/ /' e^ AvA^ 3osition Held ^?A^ r^x^-e^ =rom: /^y .- •7-019 Mame of employer or Business address (Street, Number, City, State, ZIP) ^osition Held :;rom: w^ To: c^ To: To: ptA^/]^ Co go C]' P^-co -e.^ — fi^l^ , CO , <S6&\.^T- J><^ - ^6 ^5 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. ^ Name of Relative Relationship to You: :>osition Held l»Jame of Licensee Mame of Relative relationship to You: 3osition Held slame of Licensee OR 8404-1 (03/06/24)Page 2 of 6 Individual History Record (Continued) ^Jame of Relative relationship to You: Position Held ^lame of Licensee ^Jame of Relative relationship to You: =>osition Held ^ame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?. (If yes, answer in detail.) 0 Yes No 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. (If yes, answer in detail.) Yes 0 No 7. Are you currently under probation (supen/ised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes No DR 8404-1 (03/06/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes @ No (If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth ^ ||^ /_ || B^k-i-^pur, ^ U.S. Citizen 0 Yes If Naturalized, state where No ^ame of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number Height Weight Hair Color Eye Color Gender ^ c\"J&2/^^'(ytO^fj^_ J Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No ^ G^O-y-^A^) Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other..f/oQ aw. ^ 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, services or equipment, operating capital, stock purchases or fees paid.A^//3- NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (03/06/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment \ccount Type Bank Name \mount Fype: Cash, Services or Equipment \ccount Type Bank Name \mount Type: Cash, Services or Equipment \ccount Type Bank Name amount Fype: Cash, Services or Equipment \ccount Type Sank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) type: Cash, Services or Equipment -oans account Type Bank Name \mount Type: Cash, Services or Equipment -oans \ccount Type Bank Name \mount Type: Cash, Services or Equipment -oans account Type Sank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address -^ ^TW T/ft\ :r lA^rrr Ferm ^ Y^/tK> ecurityWJif^^ hw c^.y^M-^- p^^w^ ^n mount ^/^o-D^ -cr0 'A DR 8404-1 (03/06/24)Page 5 of 6 Personal and Financial Information (Continued) ^ame of Lender \ddress Term Security amount Name of Lender address Term Security \mount Mame of Lender address Ferm security amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature t'YV1<J(^> ^l^~ Print Signature / / ^ . ./;W ^mi ^y\^ Title Date(MM/DD/YY) /fr€Q^W(/-^W DR 8404-1 (03/06/24)Page 6 of 6 DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business -For^oL A^r-ad Tv^t <xboL PojA^ "TauojriA Home Phone Number cellular Number W-^\^ -6oy5~ Your Full Name (last, first, middle) S riUT^YTS |cAy^ VX^ToP.yjA PM^A-i-Oofh/^ List any other names you have used Mailing address (if different from residence) 1&90 foi^ -[V\on\pso^ T^^ ^s-k^ PCL^-\C- CLp Email Address po^Ac^\/^^\ <_&4es e ^mo^l.co H 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) 3urrent Street and Number l5'Q>0 ^a\i^v\ A^^ ^^ 3 current City, State, ZIP EsU^ Po^^ CO %6~/?- From:To: 01/01 3<0^0 no<J Previous Street and Number 3revious City, State, ZIP From:To: Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Lo'kjis 6/obo^ -L^, dbo» RUL^'I-U^\ U^o Address (Street, Number, City, State, ZIP) ^So h\^, ^Vors\)f^o/\ A^_-^tPosition Held Co -o^n-e^~ From:To: 0<//5~/^oi^no^j Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held r rom:ro: Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held = rom:fo: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name Qf^Relative Relationship to You: Positibn Held ^lame of Licensee Mame of Relative relationship to You: Position Held s>lame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Individual History Record (Continued) \lame of Relative relationship to You: Position Held Mame of Licensee s'Jame of Relative relationship to You: 3osition Held *Jame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) No ^(AA/Y^A^ C^WWO^t-, ^-/C^vS^ ^- ^^ -o r<^T 5. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you.applied for or been denied a liquor or beer license anywhere in the United States?. (If yes, answer in detail.) 0 Yes No 6. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. (If yes, answer in detail.) Yes s/No 7.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes No DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes (If yes, answer in detail.) No Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth llmo^ku ,R>zla<rn<> U.S. Citizen Name of District Court (S/Yes 0 No If Naturalized, state where When ^O\O<!'OI(LO 08 I IS I <^)/7~ Naturalization Certificate Number Date of Certification 08, !S /olo/ 7. f an Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number Height Weight Hair Color Eye Color Gender s 0-T "4 bto<^1^^-K^h-a^ Do you have a current Driver's License/ID? If so, give number and state.. Driver's License Number Driver's License State (^ Yes 0 No GO ID (TO ^0 Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other../ffff, (y-ifv'av 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans,cash, sen/ices or equipment, operating capital, stock purchases or fees paid../v NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount Type: Cash, Services or Equipment Account Type Bank Name \mount Type: Cash, Services or Equipment (\ccount Type Bank Name (\mount Type: Cash, Services or Equipment \ccount Type Bank Name \mount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) type: Cash, Services or Equipment -cans \ccount Type Bank Name Xmount Type: Cash, Services or Equipment -cans (\ccount Type Bank Name \mount Type: Cash, Services or Equipment -cans account Type Bank Name amount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address T]^ 5 \A)^fr ^ Sgg o/y^^^ levd ^^^ ^hj\^'J) Term Security Amount '5-^-CQU ^ y-^v/s 3R8404-/(12/05/24) ^A^1^^>l^ow.crp^. Page 5 of £ Personal and Financial Information (Continued) Mame of Lender \ddress Ferm iecyrity^\mount Mame of Lender \ddress Term Security (\mount Mame of Lender ^ddress Term Security amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. =>rint Signature v\Uo<v( Fitle -?M< _^_ <_ 5nvAT^yTS\cAyA Date (MM/DDA/Y) 0 H.l\ 11^5~ DR 8404-1 (12/05/24)Page 6 of 6 DR 8404-1 (12/05/24) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO Box 17087 Denver CO 80217-0087 (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern, Lodging Facility, and Entertainment Facility class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) Name of Business /W/^A/^ ^^^ ^^ Cj)^ ) 'i^ P^^ '/^VE^N Home Phone Number Cellular Number ^0 - ^ - 3 ^5- Your Full Name (last, first, middle) u^ry e^ip^L- List any other names you have used Mailing address (if different from residence) ,6^10 6f^ 7^0^ f5v^f /fl/<^ B^$ f^l^ . (o - ^3/9- Email Address htpufupyefy^H/ ^ ^^1/7. (o1^ 1. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Current Street and Number Current City, State, ZIP ,^50 ^veN- CI^LL£ , u^/'r ^-C5'r^5 f^C^, ^.0 - ^35/7- From:To: ^> A-i/hy ^o^O 7f<LC !>^r'i E 3revious Street and Number 3revious City, State, ZIP = rom:fo: Page 1 of 6 Individual History Record (Continued) 2. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Hu^s'7e^ ^-HOP HoosiE. Address (Street, Number, City, State, ZIP) ,^10 ^ ^/WMpSVf^ AV^^ ^fe %?^ ^,(9 - ^)-n '•7' Position Held ^uaF From:To: ^£)/^ A^y '^/ILL p/F)^ Name of Employer or Business ^Y^ ^'7^L^ ^o')ei^ Address (Street, Number, City, State, ZIP) J^ l^ffAfp^ V/£^J ^^, ^f^(f/^l^ ^ - ^^n'7- Position Held tO^t^CY From:To: 5w^y ^ot^j/^^uiM^y ^0, ^ Name of Employer or Business Address (Street, Number, City, State, ZIP) Position Held = rom:fo: 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. \lame of Relative /\^relationship to You: 3osition Held ^ame of Licensee \Jame of Relative relationship to You: Position Held ^Jame of Licensee DR 8404-1 (12/05/24)Page 2 of 6 Individual History Record (Continued) Mame of Relative relationship to You: Position Held ^Jame of Licensee Mame of Relative relationship to You: 3osition Held ^ame of Licensee 4. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee?............................................................................................................... (If yes, answer in detail.) No 5.Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States?. (If yes, answer in detail.) 0 Yes ® No Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?. (If yes, answer in detail.) Yes ) No ^•Y V-tt/l i v\ oV , 7^?\ ^... 7.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence?. (If yes, answer in detail.) 0 Yes @ No DR 8404-1 (12/05/24)Page 3 of 6 Individual History Record (Continued) 8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes 0 No (If yes, answer in detail.) Personal and Financial Information Unless otherwise provided by law, the personal information required in this section will be treated as confidential. The personal information required in this section is solely for identification purposes. Date of Birth Social Security Number Place of Birth ^'^^\^Ju ^6f<rc If Naturalized, state where When U.S. Citizen 0 Yes ® No Name of District Court Naturalization Certificate Number Date of Certification If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number Height 5}.-^v A/eight \so -fair Color 6^^ Eye Color S^OLOM Bender ^m^e Do you have a current Driver's License/ID? If so, give number and state. Driver's License Number Driver's License State Yes 0 No ^0 Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other..\^I(TQ rm>^ 10. List the total amount of the personal investment, made by the person listed on page 1 in this business including any notes, loans, cash, sen/ices or equipment, operating capital, stock purchases or fees paid.r^/r\ NOTE: If corporate investment only, please skip to and complete question 12 NOTE: Question 10 should reflect the total of questions 11 and 13 DR 8404-1 (12/05/24)Page 4 of 6 Personal and Financial Information (Continued) 11. Provide details of the personal investment described in question 10. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment account Type Bank Name amount rype: Cash, Services or Equipment \ccount Type Bank Name amount Type: Cash, Services or Equipment (\ccount Type 3ank Name (\mount Type: Cash, Services or Equipment (\ccountType Bank Name amount 12. Provide details of the corporate investment described in question 9. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Fype: Cash, Services or Equipment -oans \ccount Type Bank Name \mount type: Cash, Services or Equipment -oans \ccount Type Bank Name \mount Type: Cash, Sen/ices or Equipment -cans account Type Bank Name \mount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address ^ ^n-^ 7/A j" ^/rry nm c^^^^A^c- /^..wij) u\fy, Term Security Amount ^ y^/^^L^/vey /0r0 (7W < ^ DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Mame of Lender \ddress Term Security amount Name of Lender address Ferm Security \mount Name of Lender ^ddress Ferm Security amount Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Electronic signature is not accepted, physical signature is required. ii'rL-' Print Signature f^^l 0^ Title Date (MM/DD/YY) ^~>c c'^fC" ^^^\<-1 0^- </"<W| DR 8404-1 (12/05/24)Page 6 of 6 TOWN OF ESTES PARJ<^ April 17, 2025 Jackie Williamson, Town Clerk Town ofEstes Park EstesPark,C080517 RE: Fortuna Aurea Inc. dba The Park Tavern Lama, Bishwa Dir 02 Timilsina, Sujib 08 Smatrytskaya, Viktoryia 1 Uprety, Bipul 12/ Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above business and individuals was conducted. The system reports date back to possibly October of 2004 or more recently when our system upgraded in December 2020. Unfortunately, there is limited information in the updates. We acknowledge that there are reports that involve the address due to a previous business at that location but does not involve these individuals listed. Sincerely, lan Stewart Chief of Police Estes Park Police Department 170 MACGREGOR AVE. P.O. BOX 1287 Police Department lan Stewart, Chief of Police ESTES PARK, CO 805-17 www.estes.org 970-577-3825 istewart@estes.org ATTACHMENT 4 UTILITIES To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Director Date: 5-13-2025 RE: Resolution 51-25 Setting the Public Hearing Dates of June 10th and June 24th, 2025 for Electric Rate Increases (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Our objective is to encourage public input on proposed modifications to the electric rate schedule by setting public hearing dates for the June 10th and June 24th, 2025 Town Board Meetings at 7 PM, held in the Town Board Room at 170 MacGregor Avenue. Present Situation: The Town of Estes Park regularly reviews the costs of providing electric services and the associated revenues generated from customer rates. As a cost-based enterprise, the Town’s Power & Communications division relies on user fees to maintain financial stability. Costs and revenues must remain balanced to ensure continued service reliability. Electric customers are encouraged to participate in the rate review process by attending the scheduled hearings, contacting staff with questions and concerns, or submitting testimony through counsel. The Town has engaged in outreach to inform the public, including the following past and planned activities: 2/17/2025 Road Show Library; CIP Customer Update 4/15/2025 5/9/2025 Tentative- Published 1st Legal Notice 5/13/2025 Tentative- Board Action Set public hearing date 5/16/2025 Tentative- Published Newspaper Article 5/23/2025 Tentative- Direct Mail, Bill Insert & Message 5/30/2025 Tentative- Published 2nd Legal Notice 6/10/2025 Tentative- 1st Public Hearing 6/24/2025 Tentative- 2nd Public Hearing The Town follows Colorado Revised Statute 40-3.5-104, “Changes in rates – notice and public hearing,” which outlines specific timing requirements between the publication of legal notices and the scheduling of public hearings. Following discussion at the April 22, 2025 Study Session, staff proceeded with the publication of the first of two required legal notices on May 9, 2025. This action initiated the statute's required 30- to 60-day window within which one of the public hearings must occur. Proposal: Staff proposes the Town Board set public hearing dates for June 10th and continued to the June 24th, 2025 meeting to allow time for the review of the rate study and collect public input. Advantages: • Encourages transparent communication with the public regarding proposed electric rate modifications. • Provides multiple opportunities for community input, ensuring all voices can be heard before decisions are finalized. • Aligns with Colorado Revised Statute 40-3.5-104, demonstrating compliance with legal requirements for public notice and hearings. • Reinforces the Town’s commitment to fiscal responsibility by sharing rate study details and financial considerations. • Strengthens trust and collaboration between the Town Board, staff, and residents through open engagement processes. • Allows time for thorough review and consideration of public feedback between the first and second hearings, supporting well-informed decision-making. • Supports the Town’s long-term goal of maintaining reliable electric service by ensuring rates reflect actual service costs. Disadvantages: • Scheduling multiple hearings extends the timeline to reach a decision; however, this approach ensures decisions are grounded in comprehensive public input and thoughtful deliberation, fostering community trust. • Some members of the public may oppose rate adjustments, leading to potentially challenging discussions; however, these hearings provide valuable opportunities to understand concerns and if appropriate provide clarifying information. Action Recommended: Staff recommends approval of the resolution. Finance/Resource Impact: None Level of Public Interest High Sample Motion: I move for the approval/denial of the Resolution 51-25. Attachments: 1. Resolution 51-25 2. Utility Billing insert RESOLUTION 51-25 A RESOLUTION SETTING THE PUBLIC HEARING DATES FOR PROPOSED ELECTRIC RATE INCREASES BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: It is hereby ordered that a public hearing on a proposed electric rate increase shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, June 10, 2025, at 7:00 P.M., and on Tuesday, June 24, 2025, at 7:00 P.M., for the proposed electric rate increases to be reviewed by the Town Board. Customers are encouraged to provide feedback in person, through counsel, or provided in writing to the Town Clerk before noon, June 24th. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 LEGAL NOTICE A proposed modification of the Town of Estes Park’s (“the Town") electric rate schedules will be considered by the Town’s Board of Trustees at public hearings on June 10 and June 24, 2025, at 7 p.m. in the Town Board Room located in Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. Any electric customer of the Town may appear, either personally or through counsel, at the public hearing to provide testimony or comment regarding the proposed modifications. The proposed modified and existing rate schedules, and the rate study are available for public inspection at the Estes Valley Library and at the Utilities Billing Windows in Town Hall during operating hours. The information is also posted on the Town’s website at www.estes.org/ElectricRates. (continued) ATTACHMENT 2 Estes Park Power and Communications: Building a More Reliable Future Estes Park Power and Communications was recognized in 2024 by the American Public Power Association as being in the top quartile nationally for electric reliability. High winds often cause trees to fall on our power lines, leading to outages. To minimize outages from falling vegetation, we are replacing older bare wires with covered wires, also known as tree cable. This upgrade significantly enhances safety and reliability. We actively seeks grants to reduce rate pressures. We've recently received grants totaling $1.67M and the 1A sales tax adds $200,000 annually for system improvements. Our modernization work helps you stay informed with outage alerts. Sign up for our Utility Notifier at estes.org/utilitynotifier LEGAL NOTICE (continued) Customers who cannot attend the hearings may submit written public comment by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment before 12 p.m. June 12 for the first hearing and 12 p.m. June 24, 2025 for the second hearing. Comments may also be delivered to the Town Clerk’s office in Room 130 of Town Hall or mailed to the Town Board at P.O. Box 1200 in Estes Park, CO 80517. If you have any questions or want further information, please contact the Utilities Department at (970) 577-3588. Events & Visitor Services To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Robert Hinkle, Events & Visitor Services Director Date: May 13, 2025 RE: Performing Arts Center at Stanley Park (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☐ RESOLUTION ☐OTHER______________ QUASI-JUDICIAL ☐ YES NO Objective: The Fine Arts Guild of the Rockies “Guild” is asking for a 100-year lease of approximately four (4) acres of property on Stanley Park (Events Complex) to build Encore, a Performing Arts Center. Present Situation: The Town Board was approached by the Guild about the use of Town-owned property at the corner of Elm Road and Moraine for a performing arts center. The Town Board did not support that use for this parcel, and suggested exploring Stanley Park. December 12, 2023 Study Session - The Guild requested the Board support through the donation of land on Stanley Park. Summarized comments and questions by the Board: What the exit strategy would be if the project does not meet projections: the Board encouraged a review of patronage and projections to develop a realistic approach of the first year's operation; more details were requested on the cost estimates for the “Inner Sanctum” and whether design would be outsourced, and the difference between this application and previous unsuccessful applications. Board consensus was to review relocation of existing facilities and financial impacts and risks prior to public outreach for the Stanley Park Master Plan update in early 2024. April 9, 2024 Study Session - Staff reviewed the relocation of existing facilities and financial impacts and risks for the proposed project. The main risk for the proposed project revolves around operational sustainability of the center to meet assumptions and projects outlined in the plan. Additionally, staff highlighted the opportunity cost of the land currently used for larger horse and dog shows, festivals, rodeos and other events. Relocation costs were estimated at $7.1 million. The Town Board directed staff to solicit feedback from the public. Board consensus was to direct staff to continue the Stanley X X Item removed from the Agenda and continued to a future meeting. Park Master Plan to include performing arts center alternatives for consideration. Tim Phillips, Guild representative, stated they would be available to discuss expenses, answer questions, and he proposed the Elm Road Town owned property as another option for a performing arts center. Town Administrator Machalek stated there would be no guarantee the master plan would incorporate a performing arts center and staff would continue to evaluate options. Design Concepts conducted a community survey between September 17 and October 4, 2024. The survey had 376 respondents and results were made available in November 2024. The Guild is asking for approximately four (4) acres of land on Stanley Park with a 100- year lease to build a $20 million performing arts and immersive arts experience facility. The Guild is projecting an annual attendance of 200,000-400,000 visitors and an annual payroll/operating expense of $5.5 million. The current Stanley Park Master Plan does not include a Performing Arts Center. The proposed plan for “Encore” would utilize approximately four (4) acres, roughly 10-12% of the property available on the Events Complex. Proposal: The proposal under consideration is to list the “Encore” project as an “Add Alternate” in the Stanley Park Master Plan, contingent on execution of an agreement between the Town of Estes Park and the Fine Arts Guild of the Rockies by the end of 2025. The terms of this agreement would be discussed in detail at a future Town Board study session, but it would be helpful for staff to understand the Board’s general direction as we prepare study session materials. Based on prior discussions with the Board, staff offers the following agreement provisions for the Board’s consideration and further discussion: ● Agreed-upon full fundraising amount o Including a $1,000,000 Reclamation Reserve. If the Guild is able to operate without issue for 10 years, this reserve would be released back to the Guild. If not, this reserve would be used by the Town for repurposing or demolishing the building. o Including an agreement on improvements like the new entrance off of the US36 roundabout and other necessary infrastructure improvements. ● Fundraising timeline(no extensions, total funding committed to the project). o $5 million end of year two o 50% end of year three o 70% end of year five o 100% end of year six Advantages: ● New attraction that would enrich the cultural experience in Estes Park and serve the arts community and general public. ● Generate economic activity through tourism. Disadvantages: ● There is a risk for the Town if the project is built and cannot sustain itself operationally by meeting the assumptions and projections. This risk could be somewhat mitigated by the Reclamation Reserve discussed above. ● Either the Town or project would need to incur the additional expense of relocating the Town’s current facilities if the Guild is successful at raising the money to construct Encore. ● The opportunity cost of the land that can currently be utilized for our larger horse shows, dog shows, festivals and rodeos. Action Recommended: Staff recommends approval of the Encore project as an Add Alternate to the Stanley Park Master Plan contingent on execution of an agreement between the Town of Estes Park and the Fine Arts Guild by the end of 2025. Finance/Resource Impact: Relocating current facilities, including the additional entrance into the Events Complex off of US36, is estimated to cost $7,100,000. Level of Public Interest The item is initiated by the Fine Arts Guild and has medium public interest. . Sample Motion: I move to approve/deny the addition of the Encore Performing Arts Center as an Add Alternate to the Stanley Park Master Plan, contingent on execution of an agreement between the Town and the Fine Arts Guild of the Rockies by the end of 2025. Attachments: 1. Stanley Park Master Plan Map COMMUNITY DEVELOPMENT To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Date: May 13, 2025 RE: Resolution 52-25 Finding Substantial Compliance and Initiating Annexation Proceedings for the Elkhorn Lodge Phase II Annexation PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Elkhorn Lodge Phase II Annexation. The subject request is to annex one 40 acre parcel into Estes Park municipal boundaries. Present Situation: The annexation process is governed by the Municipal Annexation Act (“Act”), which is codified at C.R.S. 31-12-101, et seq. and requires the following steps in the annexation process: 1.Referral to Town Board – March 25, 2025. The annexation request was referred to Town Board for informational purposes only. No formal action was taken or required. However, Town Board did express interest in continuing with formal annexation proceedings. 2.Substantial Compliance Resolution – May 13, 2025. Town Board determines if the annexation petition is in the prescribed form and contains the necessary statutory criteria. For example, in order to be compliant with the Act, a finding must be made that the petitioners constitute more than 50% of all landowners and that the petitioners own more than 50% of the total area of the property, excluding certain public ownership. Town Board must also set a date, time and place for an eligibility hearing. 3.Eligibility Resolution – June 24, 2025 (tentative). After four consecutive weeks of public notice in a newspaper of general circulation, Town Board will determine if the annexation is eligible for annexation under the Act. The Eligibility hearing must occur between 30 and 60 days after passing the Substantial Compliance Resolution. If the Substantial Compliance Resolution is approved, consideration of the Eligibility Resolution will be scheduled for June 24, 2025. 4. Annexation and Zoning – Date TBD. Once an annexation petition has been found to be both substantially compliant and eligible for annexation, Town Board may proceed with the Annexation and Zoning Hearings. Substantial Compliance and Eligibility determine whether the parcel can be annexed; this final step determines whether a parcel should be annexed. Proposal: The Elkhorn Lodge Phase II Annexation includes one parcel owned by HS Estes Park, LLC. The applicant requests annexation to the Town of Estes Park. The Municipal Annexation Act requires the Town Board to determine if the annexation petition meets the applicable requirements. Town Board’s action and authority at this stage of the annexation review is limited to determining if the annexation materials meet the Municipal Annexation Act requirements for completeness of the petition (i.e. substantial compliance). Staff has completed a review of the annexation petition and finds that the annexation petition meets the criteria of the Municipal Annexation Act, including the following: 1. The Annexation Petition (Attachment 2) has been signed by more than 50% of the landowners, owning more than 50% of the land. 2. The petition was filed with the Town Clerk on February 3, 2025. 3. The petition contains: a. An allegation that it is desirable and necessary that such territory be annexed to the Town; b. An allegation that the requirements of §§ 31-12-104 and 31-12-105 C.R.S. exist or have been met; c. An allegation that the signers of the petition comprise the landowners of more than fifty (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys; d. A request that the municipality approve the annexation; e. The signatures of the land owners; f. The mailing address of each signer; g. The legal description of the land owned by such signer; h. The date of signing of each signature; and i. The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. 4.The annexation map was filed with the Town Clerk on February 3, 2025 and contains (Attachment 3): a.A written legal description; b.A map showing the boundary of the area proposed for annexation; c.An indication of ownership tracts; and d.A depiction of the contiguous boundary of the property with any e.municipality. 5.No signatures on the petition are dated more than 180 days prior to the date of filing with the Town Clerk. Advantages: •Determining Substantial Compliance would be consistent with the requirements of Section 30 of Article II of the Colorado Constitution and with the Colorado Revised Statutes § 31-12-107(1). Disadvantages: •Staff has not identified any disadvantages in determining Substantial Compliance Action Recommended: Staff recommends approval of the resolution finding the Elkhorn Lodge Phase II Annexation Petition substantially complies with the Colorado Revised Statutes, Initiating Annexation Proceedings, and setting an Eligibility Hearing date of June 24, 2025. Finance/Resource Impact: The process of determining Substantial Compliance has no impact to the Town budget. Level of Public Interest Public interest in this annexation is anticipated to be high. Public comments are posted to estes.org/currentapplications. Sample Motion: 1.I move to approve Resolution 52-25. 2.I move to continue Resolution 52-25 to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3.I move to not approve Resolution 52-25 finding the annexation does not substantially comply with state statutes Attachments: 1. Resolution 52-25 2.Annexation Petition 3.Annexation Map RESOLUTION 52-25 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31-12-107(1) AND INITATING ANNEXATION PROCEEDINGS FOR THE ELKHORN LODGE PHASE II ANNEXATION WHEREAS, a written petition has been filed with the Town Clerk requesting the annexation of certain property to be known as the Elkhorn Lodge Phase II Annexation, as more particularly described below; and WHEREAS, the petition has been referred to the Board of Trustees for a determination of substantial compliance with the requirements of section 31-12-107(1), C.R.S.; and WHEREAS, the Board of Trustees has been advised by staff, and has taken official notice of all maps, records and other information and other materials on file with the Town of Estes Park, Colorado, regarding said petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Board of Trustees hereby finds the annexation petition substantially complies with section 31-12-107(1), C.R.S. Section 2. The Town Board of Trustees hereby accepts the annexation petition for the Elkhorn Lodge Phase II Annexation, more particularly described as situated in the County of Larimer, State of Colorado, to wit: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO. SAID PARCEL OF LAND CONTAINS 40.113 ACRES, MORE OR LESS. Section 3. The Board of Trustees shall hold a public hearing on the proposed annexation on June 24, 2025 at the hour of 7:00 p.m., or as soon thereafter as the matter may come on for hearing in the Town Board Room in Town Hall, 170 MacGregor Avenue, Estes Park, Colorado, to determine if the proposed annexation complies with sections 31- 12-104 and -105, C.R.S., and the Colorado Constitution, or such parts thereof as may be required to establish eligibility for annexations. Section 4. The Town Administrator or designee shall publish a notice of hearing once a week for four successive weeks before the hearing as provided by law. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk ATTACHMENT 1 APPROVED AS TO FORM: Town Attorney ATTACHMENT 2 - - - - - - - - - - - - - - STAMP H: \ E \ E a s t A v e n u e D e v e l o p m e n t , L L C \ C O , E s t e s P a r k - E A D 0 0 0 0 0 1 - E l k h o r n L o d g e P h a s e 2 \ 0 S V Y \ 1 - C A D \ A n n e x a t i o n \ E A D 0 1 - A n n e x a t i o n . d w g - Re a d e R o s e l l e s - 11 / 2 6 / 2 0 2 4 Init.#Issue / DescriptionDate ------ THESE PLANS ARE AN INSTRUMENT OF SERVICE AND ARE THE PROPERTY OF GALLOWAY, AND MAY NOT BE DUPLICATED, DISCLOSED, OR REPRODUCED WITHOUT THE WRITTEN CONSENT OF GALLOWAY. COPYRIGHTS AND INFRINGEMENTS WILL BE ENFORCED AND PROSECUTED. COPYRIGHT 5235 Ronald Reagan Blvd., Suite 200 Johnstown, CO 80534 970.800.3300 GallowayUS.com Date: Drawn By: Project No: Checked By: ELKHORN LODGE PHASE 2 ANNEXATION BEING THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO EL K H O R N L O D G E P H A S E 2 AN N E X A T I O N BE I N G T H E S O U T H W E S T Q U A R T E R O F T H E N O R T H E A S T QU A R T E R O F S E C T I O N 2 6 , T O W N S H I P 5 N O R T H , R A N G E 7 3 WE S T O F T H E 6 T H P . M . , C O U N T Y O F L A R I M E R , S T A T E O F C O L O R A D O ” SHEET 1 OF 1 1 11/20/2024 RCR JSP EAD000001.10 SCALE: 1"=100' 0 50 10020 ATTACHMENT 3 5/12/25 Dear Members of the Town Board, On behalf of the Estes Chamber of Commerce Board of Directors, I am writing to express support for the proposed Elkhorn II annexation project currently under consideration. We believe this initiative represents a strategic opportunity for economic growth and fiscal sustainability for our community. The proposed annexation would significantly expand the town’s commercial and residential tax base. By bringing this new project within the town limits, the town stands to benefit from increased tax revenues that can be reinvested into critical infrastructure, public services, and community development efforts. As the voice of local business, the Chamber recognizes the importance of maintaining a vibrant, well-funded town environment that supports both current and future business operations. Increased tax receipts from annexation can help ensure that the town remains competitive in attracting new businesses, retaining existing ones, and offering a high quality of life to residents and employees alike. We encourage the Town Board to move forward with this project. Thank you for your leadership and for considering our position on this important matter. Sincerely, Colleen DePasquale President – Estes Chamber of Commerce PUBLIC COMMENT RECEIVED 2025-05-12 May 2, 2025 To the Town of Estes Park Board of Trustees: We, the Board of Visit Estes Park, wish to encourage the Town of Estes Park Trustees to accept the Annexation Application submitted by East Avenue for Phase 2 of the Elkhorn Lodge project. Given Visit Estes Park’s mission of nurturing our vibrant mountain town’s business success and community harmony, it is our position that the proposed further development and annexation of the Elkhorn Lodge property by East Avenue and their partners is in the best interest of the Estes Park Community. The proposed development plan for the extension of the Elkhorn Lodge property as proposed by East Avenue ﬁts well with our vision of Estes Park being a year-round, family-friendly tourism and event destination that supports our vibrant mountain town with a balance of ﬁnancial success, positive and memorable experiences for guests and a meaningful quality of life for our community. Typically, this Board supports broader community-wide programs. However, we feel the particular beneﬁts of this single applicant annexation request more broadly beneﬁts the wider Estes Park community as a whole and not just the Applicant. This is primarily due to the unique historical importance of the Elkhorn Lodge property. In short: accepting the application for annexation helps to raise the tide for Estes Park tourism that lifts all ships – tourism, lodging and the community as a whole – together. For these reasons, we encourage the Town of Estes Park to accept East Avenue’s application for annexation of the Phase 2 extension of their investment in the restoration and development of the historic Elkhorn Lodge property. On behalf of the Visit Estes Park Board of Directors, Sean Jurgens Board Chair Public comment received 2025-05-13 RECEW MAY 13 ? Paul Hornbeck Senior Planner Community Development Department Town of Estes Park 170MacGregorAve Estes Park, CO 80517 RE: Request for a public trail easement as a requirement of the Elkhorn Lodge Phase II Annexation Dear Mr. Hornbeck, Thank you for this opportunity for the Trails Committee, an advisory body to the Estes Valley Recreation and Park District (EVRPD) Board of Directors, to comment on the proposed Elkhorn Lodge Phase II Annexation, specifically in regard to the historic Deer Mountain Trails in the area. The trails climbing Deer Ridge west of the Elkhorn Lodge property were frequented by lodge guests and area tourists on foot and horseback, often wishing to summit Deer Mountain, starting in the late 1800s. In 1912, The Estes Park Woman's Club, led by Elkhorn owner, Eleanor James Hondius, improved the area trails. A 1925 Estes Park Trail (now Trail Gazette) article chronicles Agricultural College (now CSU) students climbing Deer Mountain during their summer term. A 1930 Estes Park Trail article congratulates Ranger Jack Moomaw for completing trail work on the four approaches to Deer Mountain. Many signature Civilian Conservation Corps rock edging and retaining walls still hold strong along the trails in the area within Rocky Mountain National Park (RMNP). For over 125 years the existing trails that pass through the Elkhorn Lodge Phase It properties have provided a route from downtown Estes Park to Deer Mountain and, as of 1915, Rocky Mountain National Park. In 2015, the Estes Valley Recreation and Park District (EVRPD) initiated the creation of an Estes Valley Master Trails Plan to catalog existing and desired trails, then prioritize which ones to improve, construct and/or formalize with easements. As a part of the process, input from stakeholders, including RMNP, Larimer County, the US Forest Service, Colorado Parks and Wildlife, the Bureau of Reclamation, YMCA of the Rockies and residents, was solicited and incorporated into the final published document. This Estes Valley Master Trails Plan has been adopted by both the EVRPD and the Town of Estes Park as a guiding document. Segment 14 of the Master Trails Plan is shown in the image below from the Master Trails Plan, Future Opportunities map. Segment 14 consists of the existing historic public trail connections through private property which connect to RMNP trails on both the north and south sides of Deer Mountain. The over 125 years of public use demonstrates the desirability of these trail segments. In the priorities section of the Public Comment Received 2025-05-13 Master Trails Plan, Segment 14 is identified as the second highest priority "Short Term Opportunity" trail (also shown below). Other pedestrian access points into RMNP include the Homer Rouse Trail to Lily Lake, High Drive to Beaver Meadows, Spur 66 and the YMCA, all providing opportunities to disperse some of the visitor access and reduce the impact of automobile traffic. Local residents, most with national park passes, especially benefit from being able to enter RMNP from these points. The development will impose the largest effect on the RMNP Deer Mountain Trails, not a public trail easement that will allow continuation of the local access. On April 7th, the Trails Committee convened by Special Meeting to discuss this issue. We unanimously voted to ask the Town of Estes Park Planning Department, and ultimately the Board of Trustees, to require, as part of the annexation agreement, that the developers of the Elkhorn Lodge Phase II Annexation grant a public trail easement through the Elkhorn Property. Ideally the alignment of this easement will allow public access from Elkhorn Avenue to the existing trail connection at the northwest corner of the Elkhorn Lodge Phase II property. Sincerely, Amy LPlummer President, EVRPD Trails Committee il—..1;.;.. ...1" Signs within RMNP showing access all the way to Estes Park S M«u <K>^ Chltrtropdf Alllooli Edit Cooveit E.Sign fltSS" ^r EVTP Maps_FtnaLPro<rf_ X ; + C»® i3 Sie"in —OX Explore CQfWMtlon btwwn Eswa Park and Rocky Mounuin. NadomlRuk UWioinl.o<tg*Ph«fN *nn*K«Uon gum fi>j EVIPM>ps_HnaLPloo(p« •ft ai7Prti»tltKpdf x ; + CniK Allt&stt Edtl Corrrtit E.Sign :©., ^,1 0.1 •w Ht.'\ ® a Sim in - o Find texiu toots Q. 0 ^ © I E_H. £5£, J1 & 3 ] 1 JESL feAAT. . 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ADA Sa ADA wavtn\w\ Too lh»l tcu drft iMtl »w u»r taliH link T'ftt, a © a- ro c a, ^ Q, Resolution 52-25 Finding Substantial Compliance and Initiating Annexation Proceedings for the Elkhorn Lodge Phase II Annexation Town Board May 13, 2025 Present Situation –Process 1.Referral of annexation petition to Town Board (March 25, 2025) •No formal action 2.Substantial Compliance Resolution (today) •Town Board determines whether the content of the annexation petition substantially complies with the Municipal Annexation Act 3.Eligibility Resolution (June 24, 2025) •Town Board determines whether the property is eligible for annexation 4.Annexation Ordinance (date TBD) •Town Board may proceed to complete the annexation by adopting an Annexation Ordinance 5.Establishment of Zoning (with #4 or within 90 days) 6.Other Applications (with or after #5) •Planned Unit Development zoning overlay, Development Plan Advantages/ Disadvantages Advantages: •Determining Substantial Compliance would be consistent with the requirements of Section 30 of Article II of the Colorado Constitution and with the Colorado Revised Statutes §31-12- 107(1). Disadvantages: •Staff has not identified any disadvantages in determining Substantial Compliance Annexation Petition 1.The Annexation Petition has been signed by more than 50% of the landowners, owning more than 50% of the land. 2.The petition was filed with the Town Clerk on February 3, 2025 (and updated April 28th). 3.The petition contains: a)An allegation that it is desirable and necessary that such territory be annexed to the Town;b)An allegation that the requirements of §§31-12-104 and 31-12-105 C.R.S. exist or have been met; c)An allegation that the signers of the petition comprise the landowners of more than fifty (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys; d)A request that the municipality approve the annexation; e)The signatures of the land owners; f)The mailing address of each signer; g)The legal description of the land owned by such signer; h)The date of signing of each signature; and i)The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. 4.The annexation map was filed with the Town Clerk on February 3, 2025 and contains: a)A written legal description; b)A map showing the boundary of the area proposed for annexation; c)An indication of ownership tracts; and d)A depiction of the contiguous boundary of the property with any municipality. 5.No signatures on the petition are dated more than 180 days prior to the date of filing with the Town Clerk. Action Recommended Staff recommends approval of the resolution finding the Elkhorn Lodge Phase II Annexation Petition substantially complies with the Colorado Revised Statutes, Initiating Annexation Proceedings, and setting an Eligibility Hearing date of June 24, 2025. Finance/Resource Impact: The process of determining Substantial Compliance has no impact to the Town budget. Level of Public Interest Public interest in this annexation is anticipated to be high. Sample Motion 1.I move to approve Resolution 52-25. 2.I move to continue Resolution 52-25 to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 3.I move to not approve Resolution 52-25, finding the annexation does not substantially comply with state statutes UTILITIES To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Director Date: 5-13-2025 RE: Resolution 53-25 An Intergovernmental Grant Agreement With The State Of Colorado Department Of Local Affairs For The Spruce Knob and Carriage Hills Water System Improvements Project. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Our objective is to accept $1,000,000 of State of Colorado Department of Local Affairs (DOLA) grant money. Present Situation: The Board can approve the DOLA agreement by Resolution and accept the funding by performing in accordance with the DOLA IGA. Background: The Crystall Water Company built the Carriage Hills area water mains using brittle cast iron pipe without property trench bedding material. The Crystall Water Company fell on hard times and the Town Board approved the acquisition of the company in the late 1980s. Today, those brittle pipes in the Carriage Hills area account for most of our emergency leaks/breaks. When the IIJA/BIL1 loan forgiveness program was announced Project Manager Jacqui Wesley recognized an opportunity to help lower water rate pressures by developing a Carraige Hills project that fit the program's criteria. The Town Board passed Resolution 91-23 approving the Carriage Hills Water system improvements design work. DOLA's (Colorado Department of Local Affairs) mission is to, "Strengthening Colorado Communities." The Utilities Department frequently works with DOLA and we have been 1 The Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL), is a $1.2 trillion federal infrastructure bill signed into law in November 2021, investing in roads, bridges, public transit, broadband, water infrastructure, and more the benefactor of DOLA's support including many DOLA infrastructure grants. Chris La May, DOLA's Regional Manager, learned that the Spruce Knob Water Company was not eligible for IIJA/BIL funding. LaMay recognized an opportunity for the Town to create a competitive DOLA grant application by combining the Carriage Hills and Spruce Knob projects. In 2024, the Town Board passed Resolution 25-24 supporting Wesley's request to apply for a DOLA grant which combined the two projects. Project Manager Wesley worked with our Town attorney and outside council on both an amendment to the Spruce Knob Bulk Water Service Agreement, and the development of a Voluntary Water Service Agreement with Spruce Knob, enabling the merger of these two projects. In 2025 the board passed Resolutions 16-25 and Resolution 17-25 approving those agreements Wesley's competitive DOLA grant application was successful and on September 12, 2024 we received the $1,000,000 Intergovernmental Grant Agreement , EIAF 9900. The Town Board had already appropriated adequate funds to meet the $5M match requirement. Wesley's IIJA/BIL loan forgiveness application was also successful. The awarded financing package had a $1,500,000 principal forgiveness on a $5M low-interest SRF (State Revolving Fund) loan, resulting in a net $3,500,000 low-interest loan. The Town Board recently approved Ordinance 02-25, accepting those funds/loan. As of the writing of the memo, we have yet to officially accept DOLA's $1,000,000 because it has not come to the Board for approval. The Board’s formal approval by Resolution will accept the agreement on behalf of the Town’s Water Activity Enterprise. Proposal: Staff proposes the Town Board officially accepting the DOLA grant by Resolution. Advantages: •Our current and future water customers will save $1,000,000, lowering rate pressure •DOLA's staff can continue to rely on the Town to fulfill our implied commitment when we submit a grant application •The money will be used to replacing old fragile water pipes prone to emergency leak repairs •Our Water Distribution Team will get a morale boost knowing the Town Board approves of investing in our aging infrastructure which reduces the relatively frequent, late-night burden of cold, wet emergency response work in the Carriage Hills neighborhood Disadvantages: •Finance will have another grant to manage; however, utilities staff understands what finance needs to pass audits and we continuously look for ways to improve processes • Adding another capital project to Project Manager Wesley plate will require more support from Capital Projects Supervisor Mike Dantimo; however, communication between Wesley and Fredricks is good, reducing the difficulties associated with the reporting structure Action Recommended: Staff recommends approval of Resolution 53-25. Finance/Resource Impact: 503-0000-333.00-00 Water Fund, $1,000,000 income Level of Public Interest Low Sample Motion: I move for the approval/denial of the Resolution 53-25. Attachments: 1. Resolution 53-25 2. DOLA grant EIAF 9900 RESOLUTION 53-25 APPROVING AN INTERGOVERNMENTAL GRANT AGREEMENT WITH THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR THE CARRIAGE HILLS AND SPRUCE KNOB PROJECT WHEREAS, the Town Board desires to approve the intergovernmental grant agreement referenced in the title of this resolution, in the amount of $1 million; and WHEREAS, the Board intends to approve the agreement in its role as the governing body and board of directors of the Town’s Water Activity Enterprise as established in Ordinance 08-99. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: On behalf of the Town acting by and through its Water Activity Enterprise, the Board approves the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2025. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 1 of 5 EXHIBIT B – SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of water system improvements in the Town of Estes Park, the Estes Park Water Enterprise, and the Estes Park Water Division service area. 2.2. Work Description. The Town of Estes Park (Grantee) will hire a qualified contractor to replace water lines in two (2), distinct areas within, and immediately adjacent to, the Town of Estes Park, the Estes Park Water Enterprise, and the Estes Park Water Division service area. Work includes replacement of approximately 1,200 linear feet (LF) of galvanized pipe with ductile iron pipe (DIP), replacement of ten (10) service lines, installation of two (2) new service lines, three (3) fire hydrants, and three (3) gate valves in the area of the Spruce Knob subdivision. Work related to Carriage Hills includes replacement of approximately 14,200 LF of old pipe with DIP, reconnection of one hundred twenty (120) homes, installation of twenty-five (25) gate valves and thirty-five (35) fire hydrants, connection to three (3) water service areas, and two (2) new water pressure reducing valve stations. Grantee will provide DOLA with electronic copies of accepted project photos and proof of Substantial Completion prior to Project Closeout and evidence of inclusion of the improved Spruce Knob water system into the Town’s water system. Grantee will own and maintain all improvements and, in accordance with §9 below, a contractor will be hired to complete the Work. 2.2.1. A contract for the purchase or acquisition of materials, equipment, or vehicles shall be awarded by Grantee to a qualified vendor or firm through a competitive selection process with the Grantee being obligated to award the contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: contracted labor, materials, bonding, insurance, permitting, required testing, inspection and/or commissioning costs. Project and construction oversight, bid process, travel, per diem, and legal fees shall be the sole responsibility of the Grantee. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. “Construction/Improvement of Public Utilities” means labor and materials costs, bond and insurance costs, bid advertisements, attorney’s fees, and right-of-way acquisition costs. 3.2. “Substantial Completion” means the Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is completed water system improvements in the Town of Estes Park, the Estes Park Water Enterprise, and the Estes Park Water Division service area resulting in a new, more efficient, water distribution infrastructure and consolidation of water systems. 4.2. Service Area. The performance of the Work described within this Grant shall be located in Estes Park, Colorado. Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 2 of 5 4.3. Performance Measures. Grantee shall comply with the following performance measures: Put Project out to bid. Within 120 days after the Effective Date of this Intergovernmental Grant Agreement. opening. Effective Date of the subcontract(s). of Substantial Completion (i.e. Certificate of Occupancy, Certificate of Completion, Board motion of approval, lien waiver). Project Final Report. Spruce Knob Water System into the Town’s water system. Project Final Report. See §4.5.2 below See §4.5.2 below 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among budget lines, so long as the total amount of such “Other Funds” is not less than the amount set forth in §6.2 below. Grantee may increase the Total Project Cost with “Other Funds” and such change does not require an amendment or option letter. DOLA will verify the Grantee’s contribution of “Other Funds” and compliance with this section at Project Closeout. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates. Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 3 of 5 2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes 3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes 4th (Oct-Dec) 2025 January 30, 2026 Yes Yes 1st (Jan-Mar) 2026 April 30, 2026 Yes Yes 2nd (Apr-Jun) 2026 JULY 15, 2026* Yes Yes 3rd (Jul-Sep) 2026 October 30, 2026 Yes Yes 4th (Oct-Dec) 2026 January 29, 2027 Yes Yes *State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator. Grantee’s performance hereunder shall be under the direct supervision of Jacqueline Wesley, Utilities Project Manager, (jwesley@estes.org), who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. Reuben Bergsten, Director of Utilities, (rbergsten@estes.org). Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Regional Manager: Chris La May, (970) 679-7679, (chris.la.may@state.co.us) 5.5. DLG Regional Assistant: Gheda Gayou, (303) 842-6318, (gheda.gayou@state.co.us) 6. FUNDING The State provided funds shall be limited to the amount specified under the “Grant Funds” column of §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 83% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates of Grantee’s contribution are noted in the “Other Funds” column of §6.2 below. Increases to Grantee’s contribution to Total Project Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B. 6.2. Budget Cost Funds Funds Funds Source 1 Construction/Improvement of Public Utilities $6,000,000 $1,000,000 $5,000,000 Grantee 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 4 of 5 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Amount written Pay Requests from the Grantee for determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has Total $1,000,000 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an executed Grant. Such books and records shall contain documentation of the Grantee’s pertinent activity under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. 8.3.1. Bid Bond. A bid guarantee from each bidder equivalent to 5 percent of the bid price. The “bid guarantee” shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 5 of 5 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 1 of 3 OPTION LETTER #Insert # Here SIGNATURE AND COVER PAGE Department of Local Affairs (DOLA) DLG Portal Number Insert DLG Portal number for this Project Option Letter CMS Number Insert CMS number for this Grantee Insert Grantee's Full Legal Name Insert CMS number for orig Agreement, and any prior chg Project Number and Name Insert DOLA's project number and name Grant Amount Initial Award: $Insert orig award amt Option Letter ## and date effective/spendable: $0.00 Option Letter ## and date effective/spendable: $0.00 Total Grant Amount: $Insert total award to date Choose an item. Choose an item. Enter CTGG1 number Energy & Mineral Impact Assistance Program (Acctg Dropdwn EIAF) Month Day, Year Month Day, Year THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis GOVERNOR Colorado Department of Local Affairs By: ____________________________________ Maria De Cambra, Executive Director Date: ___________________ ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________________________________ Beulah Messick, DOLA Controller Delegate Effective Date: ___________________ Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 2 of 3 1) OPTIONS: Choose all applicable options listed in §1 and in §2 a. Option to extend (use this option for Extension of Time) b. Change in the Grant Award Amount within the current term (use this option for an Increase or Decrease in Grant Funds, including Supplemental funding awards) c. Budget Line Adjustment(s) – reallocation of awarded Grant Funds to Budget Line(s) (use this Option to redistribute existing Grant Funds between budget lines) 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 2(A) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following: Milestone/Performance Measure By: Grant Agreement. grant(s). See §4.5.2 below See §4.5.2 below Quarter Year Due Date Pay Request Status Report 1st (Jan-Mar) 2024 April 30, 2024 Yes Yes 2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes 3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes 4th (Oct-Dec) 2024 January 30, 2025 Yes Yes 1st (Jan-Mar) 2025 April 30, 2025 Yes Yes 2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes 3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes 4th (Oct-Dec) 2025 January 30, 2026 Yes Yes 1st (Jan-Mar) 2026 April 30, 2026 Yes Yes 2nd (Apr-Jun) 2026 JULY 15, 2026* Yes Yes 3rd (Jul-Sep) 2026 October 30, 2026 Yes Yes 4th (Oct-Dec) 2026 January 30, 2027 Yes Yes *State fiscal year runs July 1 – June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section 7.1, both of Exhibit B, are deleted and replaced with the following: Budget Line(s) Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D EIAF 9900 - Estes Park Water System Improvements & Consolidation Page 3 of 3 Line # Cost Funds Funds Funds Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Public Roadways Grantee Interim Payment(s) Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all Total c.For use with Option 1(c): In accordance with Section 7(D)(i) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following: Budget Line(s) Total Project Cost Funds Funds Funds Source Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Public Roadways Grantee 3)Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Docusign Envelope ID: DC43522F-DB2E-4345-A4C7-56CED834291D Mayor To: Board of Trustees From: Honorable Mayor Hall Date: May 13, 2025 RE: Town Administrator Annual Merit Objective: Town Board to consider the annual merit increase associated with the review of Town Administrator Machalek held on April 22, 2025 as outlined in Section 3 of the Town Administrator Employment Agreement First Renewal. Present Situation: The Town hired Graves Consulting to complete the annual evaluation for the Town Administrator. The final results of the evaluation were reviewed with the Town Board on April 22, 2025, and a discussion with Town Administrator Machalek was held during an executive session. Per the employment agreement, Town Administrator Machalek is entitled to an increase each calendar year based on the merit pool provided to all Town employees. The agreement further outlines the Board may override the increase to provide a greater or lesser increase, or no increase. Proposal: The Town provided Town Administrator Machalek with a 2% merit increase beginning with the payroll paid on May 2, 2025, which is the time all other employees received their merit increase if approved by their supervisor. If the Town Board wishes to override this increase, the Board would need to take action within 30 days of the evaluation per the agreement. Staff would amend the merit increase as directed by the Town Board on the next payroll payable on May 16, 2025. Advantages: • Provides the Board an option to consider Town Administrator Machalek’s performance in 2024 and adjust the merit as outlined in the agreement. Disadvantages: • None. Action Recommended: No recommendation. This item will be discussed by the Town Board. Finance/Resource Impact: An additional merit increase above the 2% would impact the Town’s personal budgets in which the Town Administrator’s salary is allocated. Every percent is equal to approximately $2,000. Level of Public Interest Low. Sample Motion: I move to approve/deny _______ merit increase for Town Administrator Machalek for 2025 beginning with the paycheck paid on May 2, 2025. Attachments: 1. Town Administrator Employment Agreement First renewal. TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT FIRST RENEWAL THIS FIRST RENEWAL OF THE TOWN ADMINISTRATOR EMPLOYMENT AGREEMENT (hereinafter called the "Renewal") effective August 27, 2023, by and between the Town of Estes Park, Colorado, a municipal corporation (hereinafter called "TOWN") and Travis Machalek (hereinafter called "Employee"), both parties agreeing as follows: WHEREAS, the Town and Employee entered into a Town Administrator Employment Agreement (hereinafter called the "Agreement") effective August 27, 2019; and WHEREAS, the TOWN and Employee desire to continue the employment arrangement described in the Agreement, with certain modifications as described herein. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1, The Agreement is hereby amended by the replacement of sections 2 and 3, and the addition of section 7.1, to read as follows: Section 2. Term The term of this Agreement shall be for an initial term of four (4) years, plus a renewal term of four (4) years, subject to Sections 8, 9, 10, and 11. Section 3. Compensation The TOWN agrees to pay Employee for his services a starting base salary of $195,000 payable in installments as other employees of the TOWN are paid. Employee's total compensation consists of base salary and other benefits described in this Agreement. Employee's annual base salary shall be increased in each calendar year based on the annual market study by the percentage of increase by which the management job family is increased, By default, after Employee's annual performance evaluation as described in section 17, Employee's annual base salary shall also be increased in each calendar year based on the annual budgeted merit pool rate increase available generally to the employees of the TOWN. The TOWN Board of Trustees may override the default by taking action at a public meeting to provide a greater or lesser increase, or no increase. The Board of Trustees must take any such action following thirty days of ATTACHMENT 1 the performance evaluation; otherwise the default increase will take effect. Any increase shall take effect annually at the beginning of the first full payroll period following thethirty-day period after the annual performance evaluation. Section 7.1 Additional Vesting Incentive The TOWN agrees to contribute one thousand dollars each full month of Employee's employment with the TOWN beginning August 27, 2023 to a retirement account it will establish for Employee. Employee shall have no rights to the funds therein until they vest as follows. After one full year of contributions during the employment, Employee shall be vested in and entitled to 25 percent of the funds; after two full years, 50 percent; after three full years, 75 percent, and after four full years, 100 percent. Vesting only occurs annually on the anniversary date of this Agreement. If Employee resigns employment or is terminated with cause as described in Section 8, Employee shall only be entitled to the amount vested at the time, and any other funds shall revert to the property of the TOWN. If Employee is terminated without cause as described in Sections 8 and 10, Employee shall automatically vest in and become entitled to whatever amounts have accrued in the account. If the TOWN is unable to accomplish such an arrangement due to technical or legal obstacles or otherwise, the parties shall meet and discuss the situation, and the TOWN shall establish an alternate arrangement that is as similar to that described above as is practicable. In such a situation, if desired by either party, both parties intend to work in good faith to amend this Agreement to reflect an alternate arrangement. 2. This Renewal shall not affect the obligations of the parties as they existed under the Agreement before the effective date of the Renewal. 3. Sections 24-27 of the Agreement shall apply equally to this Renewal as though they were fully stated herein. IN WITNESS WHEREOF, this Agreement is executed on this Z-^day of ftoi^T , 2023. TOWN OF ESTES PARK By^w^-Kq^nM EMPLOYEE travis Machafek ATTEST: -_ )e-^^ ^ ^_^>^_J2- 7oMw Clerku APPROVED AS TO FORM: Town Attorney Memo Estes Park Museum To: Honorable Mayor Hall Board of Trustees Through: Travis Machalek, Town Administrator From: Derek Fortini, Museum Director Date: May 13, 2025 RE: Museum Annual Report: 2024 Background The Estes Park Museum cultivates a passion for Estes Park history. Each year strategic initiatives are developed by Museum staff, in consultation with the Deputy Town Administrator, to address goals beyond ongoing annual operations. The initiatives are derived from community interest and staff proposals that further the Museum’s mission to conduct activities that preserve, share, and respect the unique history of Estes Park. Initiatives are aligned with department resources and put into context within outcome areas. The overall Strategic Initiatives Outcome Areas align with Town Strategic Goals: 1.Preserve History (Town Strategic Goal: Outstanding Community Services) 2.Share History (Town Strategic Goal: Exceptional Guest Services) 3. Operational Excellence (Town Strategic Goal: Governmental Services and Internal Support) 2024 Strategic Initiatives Met •Digitize newspapers from 1997 through 2001 •Collections Assistant (1 year, fixed-term/funded by Museum Friends): o Backlog Completion 2016 Library archive donation •Complete 2024 phase of artifact cleaning, relocation, re-housing, and catalogue update (started in 2018): additional 1,185 records •Museum Annex improvements: o Continuation of Phase II: Annex building upgrades (2024 Museum Friends Funding: $500,000) Priorities: •New Carpet •LED lighting installation •Remodel public space/Research Library •Remodel processing space o Began Phase III: Design to Build Addition (Town CIP 2024, $600,000) •Formalize Accession Committee •Exhibit o Install temporary exhibit in Historic Boyd Building in June 2024oBegin re-interpretation of permanent exhibit with plans to install 2026/2027 •Develop virtual content: o Complete Oral History Inventory o Develop plan to publish all oral histories online (started in 2022) •Develop Visitor Coordinator position .75 FTE (fixed-term) with Museum Friends funding o Priorities Membership database management Volunteer management Re-introduce Museum Shop if feasible •Continue language accessibility plan •Meeting room A/V improvements •Continue to develop/finance staffing positions with Museum Friends and Town 2024 Strategic Initiatives not met •Restore Birch Cabin Porch with assistance of Facilities Department (to take place in 2025) •Collections Assistant (1 year, fixed-term/funded by Museum Friends): o Donation backlog (2012-present) not completed (to continue into 2025/26) o Joe Mills donation processing not completed 2013/2023 •Knoll-Willows signage for Stanley Golf Course (Parks to install sign) (to take place in 2025) •Complete Disaster Plan Draft for Museum (identified in 2017) o Budget for 2025 purchases Attendance Comparison Venue 2020 2021 2022 2023 2024 Gallery Programs and Tours Hydroplant 1.The Museum closed to the public on March 15, 2020 due to COVID-19 and did not reopen in 2020. The Historic Fall River Hydroplant did not open in 2020 due to COVID-19. 2. This included 394 “in-person” program attendees before the closure and 318 YouTube views of virtual program presentations and recordings. 3. The Museum Gallery was opened from May 19,2021-December 31, 2021. 4. This includes attendance from 10 online programs and 59 walking tours attendees. 5. Because of the transition to in-person programming, this number does not include online view count. 6. The Historic Fall River Hydroplant was open an extra month for the season; June – September in 2022. 7. The Historic Fall River Hydroplant did not have regular hours for the 2024 season. Attendance was based on 1 public program with 86 attendees. Gallery Attendance: Gallery visitation consisted of 89% first time visitors and 11% repeat visitors. Nearly 3% of visitors were local. Gallery Visitor Domestic Distribution: 2024 Collaborations: Estes Park Museum Friends & Foundation, Inc. • Continued to collaborate on the capital campaign for the funding to convert the Museum Annex into an ideal Collections and Research Facility • Completed sales of paver stones • Sale of Museum Friends publication Estes Park and Rocky Mountain National Park: Then and Now, Revised Edition • Newspaper Digitization (see below) Other Town of Estes Park Committees that Museum staff serve on: • Web Team • Volunteer Coordination Team • Grant Coordination Team • Philanthropy Committee/Employee Engagement Committee • Public Engagement Team • Accessibility Team • Service Elevated Estes Valley Library District • Digitized roughly 7 years of local newspapers (1993-2000). This is a multi-year project that will end when the local newspapers are digitized to the current year. Digitized, keyword-searchable files are available on the Colorado Historic Newspaper Collection website (coloradohistoricnewspapers.org). The project is funded with an annual commitment of $5,000 from the Estes Valley Library District, $10,000 from the Estes Park Museum Friends & Foundation, Inc., and $5,000 from the Town of Estes Park. Digitized Local Newspaper Usage via Colorado Historic Newspaper Collection A service of the Colorado State Library, the Colorado Historic Newspapers Collection (CHNC) currently includes more than 5.4 million digitized newspaper pages, representing more than 870 individual newspaper titles published in Colorado from 1859 to 2024. CHNC hosts the digitized files of the Estes Park Newspapers after the Museum/Library collaboration of digitizing physical pages and then turning those files into searchable metadata. Views of Estes Park Newspaper Searches within Estes Park 1 2 1. Estes Park newspapers were in the top 3 of most viewed newspapers on the CHNC website. 2. Estes Park newspapers were in the top 5 of most viewed newspapers on the CHNC website. Outside Funding in 2024: • Trust donation o The Museum received a trust donation of $25,000. The funding will be used in 2025 as a contribution to extend two 12-month contract positions into 2026 • Estes Park Museum Friends & Foundation, Inc. o Donated $25,000 towards exhibits, collections, programming, and advertising expenses o Estes Park Museum Annex building improvements fundraising: The Museum Friends achieved their overall goal of contributing $600,000 to facility improvements and have all funds in-hand o Partnered with Museum Friends to fund 75% of two 12-month contract positions:  Visitor Coordinator position (28 hours/week): • Took over responsibilities from the Museum Friends so their Board can focus on fundraising and advocacy • Successfully implemented reintroduction of Museum Shop and manages the shop on a day-to-day basis (this also includes the wholesale of Museum Friends Press publications) creating an opportunity for revenue and enhanced visitor experience • Successfully re-developed Museum Membership Program (along with Museum Director) to be able to reconcile, update, and effectively manage Membership database (Membership has increased by 40 individuals since this started in Fall 2024, a 21.6% increase in overall size) • Ancillary to Museum staff managing the Membership program, the Museum Director has, for the first time, been in a position to cultivate donors for special projects and continued annual giving • Took over the following responsibilities allowing staff to focus on goals within exhibits, programming, collections, and administration: o Took on responsibility of day-to-day gallery management o Took over volunteer management including day-to- day management and tracking, development, and recruitment o This position was essential throughout 2024 and into 2025 in keeping the gallery open when other staff were called to unexpected events that required museum professional backgrounds such as moth mitigation or in preparing the Museum Annex Research Library for the public – if this position was not an option, the Museum gallery may have been closed to the public for several short periods  Collections Assistant (40 hours/week): • Near completion to successfully process 2016 Estes Valley Library local history collection consisting of approximately 2,500 unique items with an additional 13 collections (each collection consisting of 100+ items and finding aids for usability) o This includes postcards, photographs, negatives, slides, yearbooks, phonebooks, maps, brochures, booklets, and historic collections from local non-profit groups such as Newcomers Club, Lions Club, League of Women Voters, Women’s Club, etc. o Each object requires its own unique process, research, and amount of time to fully catalog • Supported staff in moth mitigation • Supported staff when necessary with things such as gallery host coverage, assisted during an active broken pipe located within the Annex Facility, assisted in opening the Annex Research Library to the public, works with Collections Volunteers, and has helped with smaller Collections inventories Collections Comparison (utilizing the collection to answer history related questions posed 2 2 2 2 2 1. This number will increase in the future as the Estes Valley Library’s Local History Archive continues to be processed and accounted for as a 2016 donation. In 2023, this number was 1,120. With the work of the 12-month contract Collections Assistant position, this number increased by 795 artifacts and 13 collections cataloged in the Estes Valley Library’s Local History Archive. 2. A collection is a group of archival materials numbering more than 100 individual pieces that are grouped together with a finding aid. 3. In April 2018, there was a hold in accepting donations (with a few exceptions), the donation hold was lifted in October of 2019. Artifact Update Since the collections move from on- and off-site storage to the Museum Annex in 2018/2019, staff has taken the opportunity to clean and rehouse each artifact. While completing this task, database records are revised with the artifact’s new location, a new photograph, and a revision of any missing data. The process is ongoing and will benefit the preservation of artifacts, along with aiding staff and the public during research. (preparation for move to Annex) percentage updated out of 33,8501 artifacts currently recorded in artifacts updated 1. A significant item to note, with the 2024/2025 processing of the 2016 Estes Valley Library Local History Collection and other backlogged items, the number of catalogued artifacts at the Estes Park Museum grew from 32,800 to 33,850. Based on the make-up of the Estes Park Museum Collection, there should be 1 FTE Curator of Collection per 10,000 artifacts to responsibly preserve artifacts. Volunteer Comparison Museum volunteers hold specific titles of Gallery Host, Historic Fall River Hydroplant Tour Docent, and Collections Volunteer. 2. Even though the gallery closed to the public in March 2020 due to COVID-19, volunteers assisted in a limited capacity with projects in Collections throughout the year. This carried through the gallery reopening in May 2021. Oral History Interview Collection Highlights Four individuals were filmed and interviewed by the Estes Park Museum in 2024.This included two interviews. The first was Steve Nagl, community member and second generation owner of The Wheel Bar. The second included siblings Janet Hanes, Jill Hanes, and Scott Hanes and focused on the history of the Historic Fall River Hydroplant, of which their grandfather, George Blubaugh, operated from 1945-1983 (nearly 38 of its 73 years of operation). These interviews will be available to view at www.estes.org/museum in the near future. As of 2024, 44 Oral History Interviews from the collection have been added to the Museum’s website. These are available to anyone with internet connection/access to YouTube. An inventory has been completed of the entire Oral History collection, combining past Estes Valley Library District and Estes Park Museum efforts totaling 350 interviews. Steps will be taken in 2025 to digitize 164 interviews conducted on 246 cassette tapes so that the complete collection of Oral History Interviews can be made available online in 2026. Strategic Initiatives for 2025 • Decision with Administration/Public Works (Facilities) on Town philosophy/financial commitment to manage and maintain historic structures • Along with Facilities and Internal Services, paint Historic Hydroplant structures and re-roof caretakers cottage • Digitize Newspapers 2001-2005 • Execute moth mitigation and begin 30 month monitoring of impacted artifacts • Second year of 12-month contract for Collections Assistant (June 2025-May 2026) o Focus on moth mitigation support o Donation Backlog:  Joe Mills donation 2013/2023  Miscellaneous general donations 2012-present • Complete 2025 Phase of artifact cleaning, relocation, and catalog update (started in 2018) with an additional 2,000 records • Museum Annex Improvements: o Museum Friends Funded  Upgraded Security Cameras  Upgraded HVAC system  Upgraded Fire and Security Alarm  Installation of compact storage to maximize space o Town Funded  Completion of facility addition • Oral History Collection o Convert 21 filmed oral histories into proper format for website o Create transcripts for all OH interviews that are missing transcripts o Digitize 246 cassette tapes o Complete catalogue metadata for 350 Oral History Interviews • Assess services to operate Historic Fall River Hydroplant with current resources • Develop public manuals for research and collections access • Re-interpret permanent exhibit with complete installation planned in 2026 • Second year of 12-month contract for .75 Visitor Coordinator (June 2025-May 2026) • Knoll-Willows signage installed identifying original Stanley Golf Course • Define digital accessibility for website/documents • Develop Facility Guide with Internal Services and Facilities • Contract marketing initiatives with a professional 2024 Membership Questionnaire Overview: