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Home My WebLink AboutPACKET Town Board 2026-02-24Town Board of Trustees Regular Meeting Tuesday, February 24, 2026, 7:00 p.m. Town Hall Board Room, 170 MacGregor Ave, Estes Park Accessibility Statement The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Meeting Participation This meeting will be streamed live and available on the Town YouTube page at www.estes.org/videos. Click on the following links for more information on Digital Accessibility, Meeting Translations, and Public Comment. Agenda Pledge of Allegiance Proclamation - America 250, Colorado 150 Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report Consent Agenda 1.Expenditure Approval Lists – Bills 2.Town Board Meeting and Study Session Minutes dated February 10, 2026 3.Estes Park Planning Commission Meeting Minutes dated Dec ember 16, 2025 (Acknowledgement Only) 4.Estes Park Board of Adjustment M eeting Minutes dated November 4, 2025 5.Estes Park Board of Adjustment Appointment of S teven Neilson to complete the Term of Guy Wayne Newsom Expiring March 31, 2027 6. 026 Childcare Stability Initiative Funding Agreements for the Boys and Girls Club of Larimer County and the YMCA of the Rockies, Budgeted 7. Resolution 16-26 Intergovernmental Agreement with the Colorado Department of Transportation for Fiscal Year 2026 Federal Transit Administration 5311 Baseline Rural Area Formula Grant Funds to Support Estes Transit (The Peak) Reports And Discussion Items (Outside Entities) 1. 2025 Base Funding Report: Estes Nonprofit Network Presented by Cato Kraft/Estes Nonprofit Network Executive Director To present on how 2025 Town Base Funding was used to benefit the community and/or advance the Town's Strategic Plan. 2. Update on November, 2025, Senior Roundtable: Estes Nonprofit Network Presented by Cato Kraft/Estes Nonprofit Network Executive Director To present on updates and next steps from the November, 2025 Senior Roundtable. Liquor Items 1. Resolution 17-26 New Hotel and Restaurant Liquor License Filed by BYS Brothers LLC dba Prospect Bistro, 205 and 207 Park Lane, Estes Park, CO 80517 Presented by Town Clerk Williamson Consider a new liquor license application and to consider the needs and desires of the neighborhood. Action Items 1. Federal Transit Administration Title VI Program Plan Presented by Manager Klein Consider adoption of Title VI Program Plan for the purpose of obtaining Federal grants for transportation services in Estes Park. 2. Resolution 18-26 Amended Intergovernmental Agreement for Residential Recycling at Estes Park Solid Waste Transfer Station Presented by Town Administrator Machalek Consider an extension to the Town's agreement with Larimer County regarding the operation of the Residential Recycling Center. Adjourn The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees From: Town Clerk Williamson Department: Town Clerks Office Date: February 24, 2026 Subject: Proclamation - America 150, Colorado 250. No packet material will be provided for this item. Estes Park Housing Authority February 11,2026 Meeting Agenda Meeting Information: Date: Wednesday, February 11, 2026 Time: 8:30AM -10:30 AM In Person: US Bank Bldg - Hix Room Attendees: EPHA Board Members EPHA Staff Board Packet To be provided at the meeting: ® (Draft) Board Minutes Previous Meeting ® Development Memo a 2026 Annual Housing Supply Plan • 6E Cash Flow • Habitat Memo » Housing Program Memo • Property Reports Board Packet Cont. e Colorado Renter Rewards To be provided at the meeting: a To Be Provided In-Person o Annual Operating Plan 2026-Draft 1st Edition » Executive Director Documents (if provided) o For Board Reference Only 1. C_all toOrdeCt Public; C'omments. ApDroval of Minutes (15 min): Chair BIackhurst Objectives: a. Approval or amendment to agenda b. Future Board Meeting Topic Schedule - In packet c. Committee Meeting Schedule d. Public Comment e. Minute Approvals: a. EPHA Board Meeting - January 14,2025 Outcome: Approve or amend minutes as submitted Action Items: None Anticipated Discussion Items 1. Ballot Initiative 300 - EPHA Strateev and Impact Analysis 05 min I 8:45 AM}: Moulton Objectives: Discussion of ballot initiative 300 and impact: a. Discussion of immediate and future impact on EPHA projects b. Board Direction regarding desired action(s) Action: None, reporting only 2.Development Update (2Q min I 9:00 AM): Levine Objectives: Update on various developments a. 179 Stanley Cu-cle i. Normal Development Update - Director Levine ii. Discussion of ToEP Board Meeting - ED Moulton b. Fall River Village c. 775 Riverside d. Fish Hatchery e. Tiny Town - Moulton f. Cleave Street - Moulton Action: Discussion and reporting only Page 1 of 2 Updated/Revised/Amended 02.11.2025- SLM Estimated Duration: Core Action Items = 105 Minutes | Optional Discussion Items = 0 Minutes Handout Provided During Public Comment 3. Annual Housing Supply Plan (15 min I 9:20 AM): Moulton Objectives: Discuss and provide input to the 2026 Annual Housing Supply Plan c. Discussion Action: None, reporting only 4. 6E - Lodsine Tax Extension Cash Flow (10 min I 9:35 AM): Moulton Objectives: Discussion of6E Cash flow as of 9/30/2025 a. 6E Cash Flow Statement - Reconciled through 6/30/2025 i. Reconciled through 12/31/2025 to be provided @ meetmg Action: None, reporting only 5. Habitat Partnership (20 min I 9:45 AMh Moulton Objectives: Discussion of Proposed Habitat for Humanity Partnership i. Review of previous memo and new parameters Action; None, reporting only 6. Housing Proeram Update / Operations Update ( 30 min 110:05 AM): Manager Moffett and Mabry Objectives: Operation and Program Update a. Programing Update b. Operations update c. Colorado Renter Rewards d. System Conversions + New Systems e. Resident Survey Action: Discussion and reporting only 7. Old Business / Additional Business ( 10 min ) Moulton Objective: Allow additional discussion items a. Annual Operatmg Plan - Draft - To be provided in meeting b. Vista Ridge Deed Restriction c. Office Move d. Colorado Civil Right Division Case Update (January 2026) 8. Adjourn I Projected End = 10:45 AM Page 2 of 2 Updated/Revised/Amended 02.11.2025- SLM Estimated Duration: Core Action Items = 105 Minutes | Optional Discussion Items = 0 Minutes Town of Estes Park, Larimer County, Colorado, February 10, 2026 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 10th day of February, 2026. Present: Gary Hall, Mayor Marie Cenac, Mayor Pro Tem Trustees Bill Brown Kirby Hazelton Mark Igel Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Sarah Stoddard Cameron, Recording Secretary Absent: Trustees Frank Lancaster and Cindy Younglund Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Hazelton/Cenac) to approve the Agenda, and it passed unanimously. Mayor Hall introduced Dennis Hoshiko who observed the meeting at the dais as “Mayor for the Day”, an activity awarded through a silent auction donation to the Estes Valley Investment in Childhood Success (EVICS) at their Annual Fall Gala. Hoshiko serves as a Chaplain of the Estes Park Police Department and noted the hard work and dedication of Mayor Hall. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Board comments were heard and have been summarized: attended Senator Marchman’s listening session at the Estes Valley Library on February 5th;a recommendation to the file the seat vacated by Wayne Newson on the Board of Adjustment would be brought forward at the next meeting; announced the Estes Park Housing Authority would be the first recipient of a Proposition 123 Grant entitled the Colorado Rental Rewards program which provides rent savings matches to contribute towards the purchase of a home, and noted the lower-level Fall River Village residents would have the first access to opt in to the rental rewards program; Visit Estes Park’s (VEP) newly formed Marketing Advisory Committee (MAC)would serve in an advisory-only capacity to provide strategic, community-based guidance on marketing initiatives and interested local businesses were encouraged to apply; attended the Colorado Association of Ski Towns (CAST) January meeting, which focused on the middle income housing gap and potential solutions such as reducing minimum lot sizes, allowing greater housing variability, reducing minimum parking requirements and encouraging denser zoning; Rooftop Rodeo would be held July 6th through July 11th, with the parade scheduled for July 6th; encouraged the public to volunteer for the Rooftop Rodeo Committee; stated a local group has begun to organize to welcome, orient, and be a resource for J-1 or seasonal workers; commented staff continues to review the option of dynamic pricing for parking to meet the program objective; noted the Estes Non-profit Network would dissolve at the end of this year and commended their support to the community; and Crossroads Assistance Ministry would acquire the Village Thrift Shop. Trustee Brown acknowledged that a formal complaint had been filed against him regarding his remarks at the January 27th Town Board meeting, and requested the Board address the complaint. After further discussion consensus was reached that the item DRA F T Board of Trustees – February 10, 2026 – Page 2 would be heard at the March 10, 2026 meeting as a report and discussion item with the full Board anticipated to be present. TOWN ADMINISTRATOR REPORT. None. CONSENT AGENDA: 1. Expenditure Approval List - Bills 2. Town Board Meeting and Study Session Minutes dated January 27, 2026 3. Intergovernmental Agreement with the Colorado Bureau of Investigation to Accept the Persons Who Wander Grant Award for $8,897 4. Resolution 13-26 Professional Service Agreement with Executives Partnering to Invest in Children for a Childcare Facility Master Plan 5. Resolution 14-26 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for BYS Brothers LLC dba Prospect Bistro, 205 and 207 Park Lane, Estes Park, Colorado It was moved and seconded (Hazelton/Brown) to approve the Consent Agenda, and it passed unanimously. REPORT AND DISCUSSION ITEMS (OUTSIDE ENTITIES): 1. 2025 BASE Funding Report : Economic Development and Workforce Council (EDWC). Colleen DePasquale/Estes Chamber of Commerce (ECC) Director and Christina Kraft/EDWC Chair thanked the Town for its dedication and implementation of public-private partnerships and dedication to economic development, then presented the Council’s 2025 Base Funding Report. Goals of the EDWC included business retention and expansion, and are achieved by connecting employers with resources and technical assistance, education such as the BASE program, and the encouragement of local reinvestment. It was reported that twenty-one educational workshops were held during 2025, on various topics including strategic marketing for small businesses, human resources, and artificial intelligence. The EDWC applied for redesignation to an Enterprise Zone through the Colorado Enterprise Zone Program and was granted ten (10) years starting in 2026. The program, implemented in economically depressed areas of the state, allows businesses access to tax credits for specific investments, governments to set up contribution projects, and contributing taxpayers to access income tax credits. Several workshops would be held on the Enterprise Zone program in 2026. The BASE program has been reworked into the BASE 2.0 Program, using alumni feedback. The formerly six (6) month program would transition into a ten (10) week program and would dedicate more time towards participant’s personalized business plans. Eighteen (18) companies and twenty-three (23) individuals have signed up to participate in the 2026 program. It was noted that the EDWC would not be revising their content for non-profit entities although resources are available to them, and that staff were mindful to not create redundancies where there was goal overlap between EDWC and the ECC. Board comments ensued and have been summarized: Questioned what changes had been made to the BASE Program, and how the EDWC engages and assists non-profit organizations; questioned what differentiates the Town’s financial assistance of EDWC from the ECC, acknowledging that redundancies could exist; commended EDWC for responding to feedback and reworking the BASE Program to best fit participant needs; and strongly encouraged all local business owners to pre-certify for Colorado’s Enterprise Zone Program tax credits. PLANNING COMMISSION ACTION ITEMS: A. Resolution 15-26 Freelan Heights Subdivision Preliminary Plat. Mayor Hall opened the public hearing. Senior Planner Hornbeck reported that in 2004, Lot 2A of the Stanley Historic District was platted as six (6) envelopes for single-family homes as park of the Overlook Condominiums, which was never developed. In 2024, an DRA F T Board of Trustees – February 10, 2026 – Page 3 amendment to the plat converted the six (6) envelopes to duplex building envelopes to allow for a total of twelve (12) units. Applicants have requested approval of a preliminary subdivision plat to eliminate the six (6) duplex envelopes and create ten (10) single-family lots. The site would be accessible from Overlook Court, through two proposed private driveways maintained by the lot owners and would require a shared driveway agreement to be recorded with the final plat. The Stanley Historic District Master Plan Development Standards and Design Guidelines were used to assess the proposed developed due to the property being located within the district. Staff reported compliance to all relevant standards and criteria set forth in the Stanley Historic District Master Plan, including lot standards, density, and grading, noting that all proposed lots meet minimum size of six thousand (6,000) square feet, reserve a minimum of 30% designated open space, and would be graded to support existing landforms. Additionally, preservation of significant vegetation would be met by planting approximately 25 new trees to recover the estimated 20 significant trees removed during development. The low-density volume of the subdivision would not necessitate sidewalks, which reduces greenspace. Significant views of the Stanley are to be preserved, and view corridors have been designed to maximize viewsheds. Although the views of two (2) single-family homes would be obstructed by the proposed development. Staff clarified that the Technical Review Committee has the authority to approve variances and would review desired variances for setback requirements as needed. Applicant Brad O’Neil/Estes Valley Partners reported that single-family detached homes were preferred by vacation homeowners and noted that while footprint of the proposed single-family homes were roughly equivalent to the duplex units, the view corridors were larger. Board discussion ensued and has been summarized: Questioned whether the proposed single-family homes would be subject to the Workforce Housing Regulatory Linkage Fee if licensed as a short-term rental; requested a dispute on allowable density between the applicants and the Overlook Condominium Association be publicly identified for the record; and confirmed that the proposed subdivision meets the density requirements. Mayor Hall then closed the public hearing. After further discussion, it was moved and seconded (Brown/Cenac) to approve Resolution 15-26, and it passed unanimously. ACTION ITEMS: 1. Final 2025 Strategic Plan Progress Report and Amended 2026 Strategic Plan. Town Administrator Machalek provided a report of the 2025 Strategic Plan summarizing incomplete objectives to be carried into the Amended 2026 Strategic Plan. It was reported that sixty-four (64) of seventy-six (76) objectives had been completed in 2025. Three of which were multi-year initiatives which were anticipated to remain incomplete, making 88% of anticipated year-end objectives complete. It was noted that many of the incomplete objectives were challenged by unanticipated barriers and capacity issues. In the key outcome area “Exceptional Community Services” two carryover objectives were identified: the Parks Master Plan and the Museum Annex Addition. In the key outcome area “Governmental Services and Internal Support one objective, implementation of the new Human Resources Information System (HRIS), had yet to be completed. S In the outcome area “Public Safety, Health, and Environment” collaboration with Clean Drive Colorado to accelerate adoption of clean transportation options was not completed in 2025, although progress had been made to schedule a promotion during Bigfoot Days 2026 in quarter two. Under the key objective “Robust Economy”, work with the Estes Chamber of Commerce to evaluate and implement the Downtown Plan, a 2024 carryover objective, remained behind schedule. Staff suggested the item be brought to the Board after the upcoming election, as more guidance was requested. Three incomplete objectives were identified under key objective “Transportation”, including street rehabilitation following the water main and service installation project on account of inadequate cash flow and completion of the Visitor Center Parking Lot due to the request of an environmental assessment from the Colorado Department of Transportation (CDOT), both of which were 2024 carryovers, as well as the DRA F T Board of Trustees – February 10, 2026 – Page 4 completion of the design for the and advertisement for construction of the Fall River Trail Final Segment. Advertising would commence upon execution of an intergovernmental agreement with CDOT. Transportation objective 3A1: continuing to evaluate the Downtown Estes Park Loop was proposed to be stricken due to prior Board discussion on the cost of analysis. Initiation of construction of the Mall Road Looping project, in the key outcome area “Utility Infrastructure,” has been delayed in an effort to mitigate financial risk with the refinancing of the CoBank Construction Loan for the Prospect Mountain project. It was noted that several construction projects, including the Fall River Trail project and micro transit service program, have been identified as multi-year objectives to best accommodate the summer tourist season. Board discussion ensued and has been summarized: Commended Town Administrator Machalek on his transparency and forwardness regarding the incomplete objectives; and requested a study session be scheduled to discuss the Town’s involvement in the implementation of the Downtown Master Plan. It was then moved and seconded (Hazelton/Cenac) to approve the Final 2025 Strategic Plan Progress Report and Amended 2026 Strategic Plan, and it passed unanimously. REPORT AND DISCUSSION ITEMS: 1. New Police Department Facility Site Location Update. Director Fetherston presented a new proposed site for the future police department facility, due to the current building in Town Hall being critically undersized, and lacks secure detainee, evidence, and parking facilities. It was explained that over thirteen (13) public properties had been reviewed for the project, all of which faced significant backlash from the community or presented other logistic challenges. It was reported that the Town had previously planned to swap three (3) acres of land with the Estes Park School District to secure a parcel known as Top Field. In October 2025, the School District released a statement pausing engagement with the proposal and necessitating alternative options. Shortly thereafter, Encore! Performing Arts withdrew a proposal for a seventeen (17) acre non-deed restricted parcel located on the Stanley Fairgrounds, located on Community Dr and Manford Ave. A portion of this parcel, west of Community Dr, was proposed as the new police facility location. Staff reported the proposed facility would likely impact six (6) barns currently used by the events complex on the Stanley Fairgrounds, although replacement was planned prior to pursuit of the site. Upon expression of approval from the Town Board, the School District would be notified of the new preferred site. Staff would then return to the Board at the March 10, 2026 meeting to formally affirm the location. It was noted that staff are prepared to release a request for proposals (RFP) to design the facility. Once drafted, the design would be subject to public feedback through one (1) or two (2) public sessions. Construction would be expected to commence in 2028, pending the estimated finalization of a design in late 2027 and securing financing. Chief Stewart expressed excitement about the prospect of this parcel and noted benefits of the location including its proximity to the Estes Park’s schools, events complex, and three (3) major thoroughfares exiting Town. Board comments ensued and have been summarized: Questioned whether the property would require rezoning; commended staff’s efforts on the project; acknowledged that the project currently lacks secure funding; and expressed approval of pursuit of the presented site. Whereupon Mayor Hall adjourned the meeting at 8:37 p.m. Gary Hall, Mayor ______________________________________ Sarah Stoddard Cameron, Recording Secretary DRA F T RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado February 10, 2026 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 10th day of February, 2026. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, and Igel Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, and Recording Secretary Bramwell Absent: Trustees Lancaster and Younglund Mayor Hall called the meeting to order at 4:31 p.m. Mayor Hall introduced Dennis Hoshiko who observed the meeting as guest “Mayor for the Day”, an activity awarded through a silent auction donation to the Estes Valley Investment in Childhood Success Family Resource Center at the EVICS Annual Fall Gala. Hoshiko serves as a Chaplain of the Estes Park Police Department. PARKS MASTER PLAN UPDATE. Senior Associate Hejtmanek and Project Principal Laybourn with Design Workshop presented a summary of community engagement held for the Parks and Open Spaces Master Plan thus far and anticipated next steps. The Parks and Open Spaces Master Plan would create a shared vision and focus for the Town’s parks and open spaces and clearly define the role of the Parks Division for the next twenty years. The plan includes all parks within Town limits, excluding the Stanley Park Sports Complex and the Estes Golf Course which are managed by the Estes Valley Recreation and Park District (EVRPD). Design Workshop presented an inventory assessment of the Town’s parks and open spaces and community feedback from focus groups, farmer’s market and event pop-ups, and a survey from September 1 through November 3, 2026. The inventory assessment identified existing infrastructure in each park and found 76% of households are within a 15-minute walk of a park or open space. Key takeaways included connecting neighborhoods to downtown and parks via trails and expanding pocket parks outside of downtown to support neighborhoods. Survey respondents valued open spaces and expressed a desire for more parks within walking or biking distance of neighborhoods. Principal Laybourn outlined the draft plan which included the following themes: The Downtown Experience, Co-existence of Visitors and Wildlife, Parks Engaging Everyone, Natural Areas and Open Spaces, and Maintenance and Operations. Board discussion and questions were heard and summarized: noted survey results reflect existing park infrastructure remain in good condition; questioned how visitor safety may be considered when selecting new park locations; questioned if play features and artwork distract from the natural surroundings or enhance the parks; noted the importance of engaging youth to understand their needs for parks; questioned why Stanley Park Sports Complex was excluded in the update, staff and consultants noted EVPRD manages the complex in which Design Workshop has been consulting on a plan with the District; expressed support for more benches and picnic tables, but concern over shade structures; questioned if number of staff in the Parks Division was considered in the plan, staff and Design Works confirmed they were considered; and noted community desire for more bicycle and pedestrian paths connecting parks to downtown as well as community concern about location of specific proposed paths. Design Works would bring a draft plan forward for review by the Board in May. Mayor Hall called for a break at 5:13 p.m. and reconvened the meeting at 5:30 p.m. WATER MASTER PLAN. DRA F T RECORD OF PROCEEDINGS Town Board Study Session Minutes dated February 10, 2026 – Page 2 Director of Utilities Bergsten, Utilities Project Manager Wesley, and Water Superintendent Fredricks presented the current state of the in-development Water Master Plan. Staff shared the inventory of existing infrastructure and predictions of future water needs based on population estimates and anticipated regulation changes. The highest priorities of infrastructure improvements are public health and regulatory requirements with the level of service, planning for the future, conservation, and impact to customers being secondary needs. The draft Water Master Plan addresses high-level infrastructure updates including water treatment plants and storage and distribution infrastructure. Staff identified five options for the Estes Park water treatment plants: 1. Perform only required improvements on Mary’s Lake Water Treatment Plant (MLWTP) and Glacier Creek Water Treatment Plant (GCWTP), 2. Upgrade MLWTP to operate year-round and decommission GCWTP, 3. Upgrade GCWTP to operate year -round and improve MLWTP, 4. Replace GCWTP with a new plant that operates year round and decommission MLWTP at the end of its useful life, and 5. Build a new year-round water treatment plant, improve MLWTP, and decommission GCWTP. Option five (5) would be the preferred alternative identified by staff during the treatment scenario planning, considering cost, ease of implementation, operations and maintenance impacts, social and environmental impacts, and integration with the existing distribution system. The current draft of the Water Master Plan includes the following near-term (0-3 years) recommendations: planning for a new water treatment plant and raw water supply, upgrade MLWTP, repair GCWTP as needed, replace the Thunder Mountain Storage Tank and Big Thompson Tank (Phase 1), and relocate the Fall River Estates Pump Station treatment plant, as well as mid-term (3+ years) recommendations: constructing a new water treatment plant and raw water supply, Phase 2 of the Big Thompson Tank replacement, and replacing pipes. Planning level costs at 2026 prices were presented. Staff noted these estimates would adjust as plans are finalized . Options for funding these projects were discussed including grants, bonds, and rate increases. Specific recommendations had yet to be determined; however it was noted consultants were conducting a rate study which would be presented to the Board later in the year. The draft plan would be available for public review and feedback before presenting the draft Water Master Plan to the Town Board for consideration. Board discussion and questions were heard and summarized: questioned the pipe replacements in Carriage Hills, staff reported the pipe conditions were worse than anticipated and the project, when complete, would significantly reduce water leakage for the water system; questioned where a new plant may be located, to which staff stated this would be discussed later in the planning and design phase; questioned why the proposed upgrades to GSWTP in previous plans did not occur, staff noted the cost of upgrades increased and continued investment in the project was not pursued ; expressed concern that previous Water Master Plans were not fully executed ; the benefits of redundancies in system infrastructure and multiple water sources were discussed; the Board encouraged staff to engage the public in the Water Master Plan as thoroughly as the Parks Division engaged the public in the Parks Master Plan design; and encouraged staff to focus on public education on the value of water infrastructure. FUTURE STUDY SESSION AGENDA ITEMS. It was requested and determined to add a discussion on Administrative Regulations Enforcement Process and a short conversation on the location of EPK Adventure Rentals, although the Trustees expressed concern about hearing zoning concerns on an individual case-by-case basis. It was requested and determined to add Town funding for Salud as a report and discussion item in a regular Town Board meeting. There being no further business, Mayor Hall adjourned the meeting at 6:37 p.m. Stephanie Bramwell, Recording Secretary DRA F T Town of Estes Park, Larimer County, Colorado, December 16, 2025 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. The meeting was held in the said Town of Estes Park on December 16, 2025. Commission: Attending: Absent: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Julie Phares Commissioners Cooper, Arterburn, Mulhern, Pawson, Community Development Director Steve Careccia, Senior Planner Paul Hornbeck, Planner II Kara Washam, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund Phares Chair Cooper called the meeting to order at 1:30 pm. There were approximately 10 people in the audience. INTRODUCTIONS Commissioners and staff introduced themselves. AGENDA APPROVAL It was moved and seconded (Arterburn/Mulhern) to approve the agenda. The motion passed 4-0. CONSENT AGENDA 1. Planning Commission Meeting Minutes dated November 18, 2025 It was moved and seconded (Mulhern/Arterburn) to approve the consent agenda. The motion passed 4-0. PUBLIC COMMENT: none Commissioner Mulhern requested a discussion of Ballot Question 300, which passed in the November election. He noted that the application was submitted before the vote, creating uncertainty about the appropriate process. Town Attorney Kramer clarified that the application is properly before the Commission and that Ballot Issue 300 is addressed in the staff report, which should be discussed during the action item's discussion section. Kramer added that the Development Code does not provide a mechanism to postpone an item indefinitely. He emphasized that only limited resolution can be achieved at this stage, as the Planning Commission's role is to make a recommendation to the Town Board. Commissioner Mulhern requested that the applicants obtain the neighbor's approval at this stage, as required under the new ballot measure. ACTION ITEMS: 1.Rezone 179 Stanley Circle Dr Senior Planner Hornbeck Planner Hornbeck reviewed the staff report. The applicant, the Estes Park Housing Authority, representing the property owner, the Town of Estes Park, requests that the property be rezoned from E (Estate) to RM (Multi-Family Residential) to facilitate the construction of employee housing intended for Town of Estes Park employees. A conceptual site plan provided with the application depicts twelve units, surface parking, and a small storage structure. Two access points are shown on Stanley Circle Drive, DRA F T RECORD OF PROCEEDINGS Planning Commission - December 16, 2025 - Page 2 including one that aligns with Highland Lane and another approximately 200 feet south. Staff finds the application meets the Standards for Review in Development Code Section 3.3.D. However, staff has no recommendation at this time on whether Ballot Question 300 applies to this application and therefore is unable to recommend approval or disapproval of the application. DISCUSSION: Steve Lane, the applicant's consultant from Basis Architecture, provided a project overview. The Concept Site Plan incorporated mindful elements in response to feedback from the neighborhood meeting. Pete Levine, Director of Housing Development at Estes Park Housing Authority, expanded on the materials presented by Planner Hornbeck, emphasizing the proposal's alignment with rezoning criteria. He concluded by noting that the site presents an ideal opportunity to expand the community's supply of attainable and affordable housing. Chair Cooper asked Attorney Kramer whether this constitutes spot zoning. Kramer responded that it does not, as the review criteria have been satisfied. He confirmed that the signature issue on the application has been resolved and noted that the concept plan proposes 12 units. When asked if the Mountain Wood Townhomes were rezoned from E (Estate) to RM (Residential Medium), Kramer confirmed this occurred in 2017. Commissioner Mulhern raised concerns about potential traffic impacts related to the proximity to the southern lot at the Trailborn hotel site. Planner Hornbeck stated that Public Works found no adverse effects on the intersection, based on the traffic study. Additional clarifications by Planner Hornbeck included that the proposal designates the area as Mixed Residential rather than Neighborhood Village, and that the existing building does not have historical status. Commissioner Arterburn noted that this represents an appropriate transitional zone. When asked about deed restrictions, Scott Moulton clarified that the project is being submitted as employee housing for town staff, though property management arrangements have not yet been determined. Commissioner Pawson confirmed that the lot size is one acre. A revision to the concept plan lowered the unit count from 15 to 12, which Steve Lane verified. Chair Cooper noted that the plan included 24 parking spaces, building height, and landscaping requirements. Commissioner Mulhern asked about potential parking concerns. Lane explained that most of these detailed questions will be addressed during the Development Plan review stage. PUBLIC COMMENT: Richard Ralph, town resident, objected to a lack of change in conditions, confusion about the definition of workforce housing, changes to documents posted on the website, inadequate or inaccurate intent, and inconsistency with the rest of the neighborhood. Kristine Poppitz, county resident, opposed the request and asked for further investigation regarding Ballot Issue 300. Gina Stine, county resident, stated that this sets a poor precedent due to the lack of a development plan and should follow the rules stated in Ballot Issue 300. BOARD DISCUSSION: DRA F T RECORD OF PROCEEDINGS Planning Commission - December 16, 2025 - Page 3 Attorney Kramer confirmed Commissioner Pawson's question that while RM zoning typically allows eight units, Chapter 11 density bonus in the Development Code could apply if all requirements are met. Commissioner Arterburn asked when deed restrictions would be applied. Kramer responded that this would occur later in the process. Commissioner Mulhern suggested adding language to the motion regarding Section 300. Kramer answered that this is definitely an option, as the Commission sees fit. Other commissioners discussed that the Town Board will ultimately need to make the final decision, and that the Planning Commission should approve or disapprove based solely on the criteria before them. Commissioner Pawson asked Attorney Kramer about the appropriate mechanism for implementing deed restrictions or covenants that would be suitable for this project. Kramer answered that that will come in a future stage of this development. It was moved and seconded (Mulhern/Arterburn) to forward to the Town Board a recommendation of approval of the rezoning application if it is determined that the application is or is not subject to Ballot issue 300. The motion passed 4-0. A five-minute break was taken at 2:30 2. Establishment of Zoning 775 Riverside Dr Planner II Washam Planner Washam reviewed the staff report. The applicant, Estes Park Housing Authority (EPHA), requests annexation of a 2.621-acre property and establishment of 'RM' Multi- Family Residential zoning. The property is located toward the southwest side of Estes Park, just east of Manor RV Park and adjacent to Tiny Town Cabins, Trout Haven, and WorldMark. The conceptual site plan (Attachment 4) provided with the application depicts the applicant's vision for the property. EPHA plans to develop fourteen (14) for- sale townhomes that will be attainable, pursuant to the guidelines in the Estes Park Development Code (EPDC) and sold to members of the Estes Valley workforce. Staff asks the Planning Commission to provide a recommendation to the Town Board on whether the requested 'RM' Multi-Family Residential zone district is appropriate. If deemed appropriate, then staff recommended the conditions provided below be included with the recommendation: 1. Future development of the site shall be generally consistent with the conceptual site plan. 2. Future development of the site shall require a deed restriction for all units to be "attainable" and restricted to the "workforce," pursuant to the definitions and provisions outlined in Sections 11.4.C. and 11.4.E. of the Estes Park Development Code. 3. Architectural design shall be compatiblewith the surrounding area. 4. The owner shall dedicate a trail easement to access the Big Thompson River from Riverside Drive across the subject parcel and in accordance with the Estes Valley Master Trails Plan. The exact location and width of the trail shall be determined in conjunction with a Development Plan review and in a manner approved by the Town. 5. Lighting shall follow dark-sky best practices, including regulations on shielding, height, color, brightness, and time of operation. 6. The development plan application shall include an updated wetland report that specifically addresses any potential impacts of the proposed development that may encroach into the wetland setback. Encroachment into the setbacks is a minor modification subject to approval by the Estes Park Planning Commission. DRA F T RECORD OF PROCEEDINGS Planning Commission - December 16, 2025 - Page 4 DISCUSSION: Scott Moulton, Executive Director of the Estes Park Housing Authority, explained that Condition #2 offers two options: attainability and workforce restrictions. Moulton stated that he did not agree with this wording and that the choice between them would be made during the next application stage, based on community needs. Commissioner Mulhern confirmed that future modifications would need to align with the Development Plan. Commissioner Arterburn noted that the density bonus is not being used in this proposal. The presence of wetlands limits the number of housing units that can be built and any encroachment would primarily affect the setback areas rather than the wetlands themselves, per Planner Washam. All movement of dirt would be a part of the wetland report. Pete Levine, Director of Housing Development at Estes Park Housing Authority, elaborated on the setback request, explaining that it's impossible to build on this site without encroaching on the 50-foot wetland buffer. However, the design minimizes this encroachment as much as possible. Commissioner Pawson asked whether units could be sold at market rate. Levine confirmed yes, though the Town Board can impose deed restrictions through an Annexation Agreement. Levine added that this project will be a lower priority compared to other ongoing Estes Park Housing Authority projects. PUBLIC COMMENT: none BOARD DISCUSSION: Commissioner Mulhern expressed concern about how to accommodate the intent of voters who approved Ballot Issue 300. Commissioner Pawson stated concerns about wetland encroachment and questioned whether an increase in housing "stock" is necessary at this time. Director Moulton requested confirmation that the recommendation included all six conditions, again noting his disagreement with condition number two. 1. It was moved and seconded (Arterburn/Cooper) to forward to the Town Board a recommendation to approve the establishment of the requested 'RM' Multi-Family Residential zone district, should the property be annexed, subject to the conditions of approval recommended by staff and if it is determined that the application is or is not subject to Ballot issue 300. The motion passed 3-1 with Pawson voting no. DISCUSSION ITEMS: Director Careccia provided updates on the Development Code revision process. He noted upcoming Town Board Study Sessions: on January 13, the Watershed Coalition will present on wildlife protection; on January 27, there will be two sessions covering public outreach efforts on the Development Code and the wildfire resiliency code update. The Planning Commission's January 20 meeting will include one item at present-a rezone request. DRA F T RECORD OF PROCEEDINGS Planning Commission - December 16, 2025 - Page 5 Director Careccia thanked the Commission members for their volunteer service to the Town of Estes Park. With no further business, Chair Cooper adjourned the meeting at 3:07 pm. DRA F T Town of Estes Park, Larimer County, Colorado, November 4, 2025 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of Estes Park on November 4, 2025. Board: Chair Jeff Moreau, Colin Godsey Attending: Chair Moreau, Member Godsey, Director Steve Careccia, Planner II Kara Washam, Senior Planner Paul Hornbeck, Town Board Liaison Bill Brown, Recording Secretary Karin Swanlund Absent: none Chair Moreau called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA It was moved and seconded (Moreau/Godsey) to approve the agenda. The motion passed 2-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Moreau/Godsey) to approve the Consent Agenda. The minutes from the January 5, 2025, meeting were reviewed by Godsey. The motion passed 2-0. ELECTION OF OFFICERS It was moved and seconded to appoint Colin Godsey Vice Chair and Jeff Moreau Chair. The motion passed 2-0. PUBLIC COMMENT: None ACTION ITEMS: 1.Building Setback 1454 Narcissus Drive Planner Washam Planner II Washam reviewed the staff report. The Applicant previously applied for a variance in 2023, requesting a reduced rear setback to construct a detached garage. The Board of Adjustment approved the request at the public hearing on October 3, 2023. However, the approval lapsed, as the applicant was not able to apply for a building permit within the one (1) year time period. The Applicant again requests approval of a variance to reduce the rear setback along the north property line to eleven feet (11'). The Applicant also requests approval of variances to bring the existing single- family residential home and deck into compliance. These reduced setbacks are 16.5' along the north property line, 19.7' along the south property line for the house, and 6.9' along the south property line for the deck. E-1 (Estate) Zone District under Section 4.3.C.4. (Table 4-2) of the Estes Park Development Code (EPDC) requires twenty-five feet (25') setbacks for the front, rear, and side property lines. The Applicant proposes to construct a 24'x24' detached garage with access in line with the existing gravel driveway. Staff recommended approval of the proposed variances described, with setbacks consistent with the Site Plan. Discussion: none It was moved and seconded (Moreau/Godsey) to approve the variance requests for a reduced rear setback of eleven feet (11') along the north property line, a reduced rear setback of 16.5' along the north property line for the existing home, a reduced front setback of 19.7" along the south property line for the existing home, and a reduced front setback of 6.9' along the south property line for the existing deck. The motion passed 2-0. 2.Variances Related to Parking Expansion 131 Stanley Ave Planner Hornbeck DRA F T Board of Adjustment, November 4, 2025 – Page 2 Senior Planner Hornbeck reviewed the staff report. The applicant proposes extending the parking lot eight feet to the north to accommodate a drive aisle width of 24 feet and parking stall length of 19.5 feet, both of which comply with EPDC minimums. This will entail installing a concrete-block retaining wall up to 3.75 feet high and removing numerous existing trees. New shrubs are proposed. Removal of significant trees, defined as those greater than 8-inch diameter breast height, within 25' of a property line at the street is prohibited by EPDC § 7.5 D. 2. B. (2)). The applicant requests a variance to allow the removal of two significant trees. Three trees measuring less than eight inches in diameter are also proposed for removal. The applicant also requests a variance to EPDC § 7.5.G.2.b(1), which requires all parking areas be separated from property lines at the street by a planting area at least 25 feet wide on arterial streets and at least 15 feet wide on other street property lines. Extending the parking lot will result in the closest edge being within 5.7 feet of the north property line and an arterial street, and within 12.1 feet of the west property line and a non-arterial street. Staff recommends the BOA approve the variance requests, subject to the following conditions of approval: 1. Prior to construction, the applicant shall demonstrate authorization to proceed with the work from all other property owners or from the owner's association. 2. Shrubs shall have a minimum height of five feet upon maturity and be maintained at such height into perpetuity. Shrubs shall be installed no later than June 1, 2026. 3. The retaining wall shall be faced with wood, stone, or brick. Discussion: Don Darling, the owner and applicant, answered the question asked by Chair Moreau, stating that the plan for the retaining wall is to use large boulders with a concrete curb. Trees planted in spring will adhere to landscaping guidelines. Darling noted that the primary reason for this is the traffic that accidentally enters the parking lot. It was moved and seconded (Moreau/Godsey) to approve the variance in accordance with the findings outlined in the staff report. The motion passed 2-0. REPORTS: Director Careccia asked for feedback on the presentations given by the Planners. Chair Moreau would like to see plans and maps in the staff reports, and Vice Chair Godsey agreed. With no further business, Chair Moreau adjourned the meeting at 9:22 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary DRA F T The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: February 24, 2026 Subject: Estes Park Board of Adjustment Appointment of Steven Neilson for a expiring March 31, 2027 Type: Appointment Objective: Present the Town Board Interview Committee’s recommendation to fill an open position on the Estes Park Board of Adjustment to complete the term previously held by Wayne Newsom whose term expires on March 31, 2027. Present Situation: The position was advertised multiple times through the fall of 2025 and the most recent posting closed on February 9, 2026. On February 16, 2026, the Town Board Interview Committee, consisting of Trustees Brown and Igel, interviewed two applicants for a position on the Board of Adjustment. Community Development Director Careccia attended the interviews to provide the committee with feedback on the applicants. Proposal: The interview committee is recommending the appointment of Steven Neilson to the Board of Adjustment. Mr. Neilson noted his strong interest in contributing directly to serving the citizens of the town. He has been active in the community through the Newcomers, Habitat for Humanity, the Estes Park Community Gardens, and volunteering with the Volunteer Tax Assistance (VITA) program sponsored by AARP with tax filings prepared at the library since moving to Estes in 2020. His career before retiring to Estes was in accounting and auditing. Advantages: Filling the position would complete the open position on the board. Disadvantages: If the appointment is not made, the position would remain vacant until additional applications are received, and interviews conducted. Action Recommended: Appointment of Steven Neilson to the Estes Park Board of Adjustment to a term expiring on March 31, 2027 to complete the term of Wayne Newsom. Finance/Resource Impact: None. Level of Public Interest: Low. Sample Motions: I move to approve/deny the appointment of Steven Neilson to the Estes Park Board of Adjustment for a term expiring March 31, 2027. Attachments: None. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Carlie Speedlin, Housing & Childcare Manager Department: Administration Date: February 24, 2026 Subject: 2026 Childcare Stability Initiative Funding Agreements for the Boys and Girls Club of Larimer County and the YMCA of the Rockies, Budgeted Type: Consent Objective: Consider the approval of Childcare Stability Initiative (CSI) Funding for Boys and Girls Club of Larimer County and the YMCA of the Rockies. Although these awards were already approved by the Town Board as part of the Annual 6E Funding Plan, the agreements must also be approved by the Town Board because of spending authority limitations outlined in Policy 225: Childcare Funding Guidelines. Present Situation: Policy 225: Childcare Funding Guidelines was approved by the Town Board in June 2025, which included the Childcare Stability Initiative that was created to provide funding to support general operating costs and staffing at critical childcare establishments in the Estes Valley. In addition to new funding frameworks, the Policy revisions included an increase in staff spending authority to $50,000. The application process for Childcare Stability Initiative funding occurs in July and the requests are included in the Annual 6E Funding Plan for approval by the Board to ensure the funds are allocated in the annual budget. The following CSI Funding Request and staff recommendation for awards was presented to the Town Board with the 2026 Annual 6E Funding Plan: Applicant Amount Recommendation Mountaintop Childcare $35,000 Yes Park Place Preschool $25,000 Yes YMCA BKB Preschool $40,000 Yes Cubs Den $15,000 Yes YMCA Summer Inclusion Program $60,000 Yes Boys and Girls Club- Summer Program $60,000 Yes Boys and Girls Club- School $40,000 Yes Mountaintop Summer Program $15,000 Yes The two recipients in bold, YMCA Summer Inclusion Program and Boys and Girls Club Summer Program, exceed the $50,000 staff spending authority and require Town Board approval for execution of the Funding Agreements (Attachments 3 and 4). Proposal: Staff propose that the Town Board approve the expenditure of 6E Lodging Tax for Childcare Stability Initiative awards to the Boys and Girls Club of Larimer County and the YMCA of the Rockies. Advantages: • Execute the Childcare Stability Initiative Funding as approved in the Annual 6E Funding Plan Disadvantages: • None. Action Recommended: Staff recommends approval 6E Lodging Tax expenditure for Childcare Stability Initiative awards. Finance/Resource Impact: $120,000 from Childcare Assistance account 270-16-83-579250 Level of Public Interest: None. Sample Motion: I move for the approval/denial of the expenditure. Attachments: 1. Policy 225: Childcare Funding Guidelines and Childcare Stability Initiative program description 2. 2026 Annual 6E Funding Plan a. Exhibit D: Childcare Stability Initiative 3. Childcare Stability Initiative Funding Agreement with Boys and Girls Club of Larimer County 4. Childcare Stability Initiative Funding Agreement with YMCA of the Rockies Document Title Policy 225 – Childcare Reserve Fund 06-10-2025 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 1 of 6 Effective Period: Until superseded Review Schedule: Annually Effective Date: 06-10-2025 References: N/A ADMINISTRATION 225 CHILDCARE FUNDING GUIDELINES 1.PURPOSE This policy articulates the Town’s role related to childcare and provides guidelines for how available funds shall be expended and/or awarded. 2. POLICY The lack of childcare options in the Estes Valley, especially for infants and toddlers, creates significant challenges for families in the Estes Valley and for local organizations, including the Town, trying to recruit and retain employees. Workforce Housing and Childcare Lodging Tax (6E Lodging Tax) revenue received by the Town from the Local Marketing District is dedicated to addressing housing and childcare issues for the Estes Valley workforce. 6E Lodging Tax funding must be granted to eligible organizations according to their ability to advance priorities detailed in the Annual 6E Funding Plan for 6E Lodging Tax as provided to Larimer County, consistent with the Local Marketing District Intergovernmental Agreement. The Town shall follow applicable regulations and requirements as stipulated by the 6E Ballot Initiative and distribute revenue to the Estes Valley based on the priorities and needs outlined in the Annual 6E Funding Plan for 6E Lodging Tax to include, but not limited to; childcare tuition assistance programs, addressing childcare workforce challenges, increasing capacity for out-of-school programming, and capital and facility grants. 3.PROCEDURE a.The Town’s Role The Town’s primary goal related to childcare is to collaborate with various levels of government and agencies to increase the availability and affordability of childcare in the Estes Valley. The Town’s role in achieving this goal is to provide support for childcare providers in the form of financial contributions, incentives, policy changes, representation in collaborative efforts to address childcare capacity issues, serving as the applicant for grants or other financial assistance from other levels of government or agencies where the grantee must be a governmental entity, and advocacy where appropriate. b.Workforce Housing and Childcare Lodging Tax Fund The Workforce Housing and Childcare Lodging Tax Fund (6E Lodging Tax Fund) is the primary source of funding for childcare expenditures. It is replenished each year Attachment 1 Document Title Policy 225 – Childcare Reserve Fund 06-10-2025 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 2 of 6 using 6E Lodging Tax funds, as well as funding from other sources when available, in accordance with the Annual 6E Funding Plan. Included in the 6E Lodging Tax Fund is a Childcare Facility account that was established with revenue from the rental of a Town-owned facility to a childcare provider. The Childcare Facility account will be used to fund future maintenance, repairs, expansion, and acquisition of childcare facilities to be owned by the Town. 6E Lodging Tax revenue may be allocated to the Childcare Facility account with approval by the Town Board. Expenditures from the Childcare Facility expense account for Town-owned childcare facilities will be presented and approved through the Town’s annual budget approval process and Annual 6E Funding Plan. i. Appropriations to the Workforce Housing and Childcare Lodging Tax Fund On an annual basis as part of the budget development process, Town staff will recommend a dollar amount to appropriate for childcare (270-1948). The recommendation will be based on funds projected to be received by the Town through the Local Marketing District’s lodging tax extension (as outlined in the Annual 6E Funding Plan, consistent with the Local Marketing District Intergovernmental Agreement). a) Other Revenues In addition to the appropriations outlined above, other revenue sources may include donations, proceeds from the sale or lease of public property, and grants or other financial assistance related to childcare related activities. ii. Childcare Expenditures At the Town’s discretion, funds will be made available through either an application process based on the availability of funding and the applicant’s ability to advance priorities detailed in the Annual 6E Funding Plan. Town staff, in consultation with partner agencies as appropriate, will review applications, make award decisions, and execute funding agreements from the Childcare Assistance Fund in amounts up to $50,000, as outlined in the approved Annual 6E Funding Plan. Staff members may make such expenditures commensurate with their spending authority under Policy 601. The Town Board retains decision-making authority over funding agreements for amounts greater than $50,000. From the 6E Lodging Tax Fund, there are three methods for distributing funds for childcare: Document Title Policy 225 – Childcare Reserve Fund 06-10-2025 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 3 of 6 a) Priority Grant Program Priority Grant opportunities offer grant funding to address specific childcare challenges in the Estes Valley by targeting objectives and outcomes presented in the Annual 6E Funding Plan, including but not limited to, tuition assistance programs, out-of-school program expansion, capital projects and facilities, and addressing early childhood workforce challenges. Priority Grant Programs are approved by the Town Board through the approval of the Annual 6E Funding Plan. A new Priority Grant opportunity may be proposed outside the annual approval process by vote of the Town Board. The approval of the Annual 6E Funding Plan and the Priority Grant Program authorizes staff to spend up to $50,000 as outlined in this policy. Distribution of Childcare Funds that are not aligned with an approved Priority Grant or requested by an entity that is not eligible for Priority Grant funds may apply through the Childcare Assistance Fund, as described later in this policy. (i) Priority Grant Framework Competitive and non-competitive Priority Grants proposed in the Annual 6E Funding Plan, shall include the following: ● Defined priority area (Tuition Assistance, Addressing Workforce Challenges, Capital and Facilities, and/or Out-of-School Programming) ● Eligibility and Qualifications for funding ● Application window ● Funding distribution timeline b) Childcare Stability Initiative Stability funding from the Town is intended to support the early childhood education and childcare workforce, and general operations and overhead of entities that play a critical role in providing childcare capacity in the Estes Valley, as outlined in a Funding Agreement with the Town of Estes Park. (i) Process Entities seeking Childcare Stability funds from the Town shall submit a completed “Childcare Stability Initiative Application” (Exhibit A) to the Town by July 1st of each calendar year for the next year’s budget (e.g. by July 1, 2025 for the 2026 budget year). Eligibility and applications will be reviewed by Town staff who provide a recommendation for funding to the Town Board for consideration during the Annual 6E Funding Plan approval process. The following information will be presented by staff to the Town Board during the Annual 6E Funding Plan approval process: 1) The Childcare Stability request amount from each entity; and 2) The Childcare Stability amount recommended by Town staff. (ii) Annual Reporting Any entity receiving funds from the Childcare Stability Initiative must submit an annual report to the Town Administrator’s Office by May 30th of the year Document Title Policy 225 – Childcare Reserve Fund 06-10-2025 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 4 of 6 following the year in which funding was received (e.g. May 30th, 2026 for funding received for the 2025 calendar year). This report must demonstrate how the childcare services provided by the recipient help achieve the goals and objectives outlined in the Annual 6E Funding Plan to address childcare and/or advance the Town’s Strategic Plan for the funding year. c) Childcare Assistance Request If funding requests do not fall under the previous two methods of distribution, then a request may be made for funds through the Childcare Assistance Program. The Childcare Assistance Program is planned to be made available in the Annual Funding Plan from 6E Lodging Tax revenue that is not expended and is rolled over to the following year. Childcare Assistance may also be reallocated to or from other funds, including the Childcare Facility Fund, Childcare Stability Initiative, or Priority Grants via the Annual 6E Funding Plan Through the Childcare Assistance Application (Exhibit B), an eligible entity, as outlined in Section 4, must demonstrate the need and how funds will be used to support the affordability of childcare, increase capacity or retain existing capacity, or address childcare workforce challenges. The Town of Estes Park strives to consider all funding requests from eligible entities in a holistic manner in order to best prioritize these requests. To this end, the Town does not intend to accept funding requests under this Childcare Assistance program that could have been directed to the Priority Grant Program, except that it is off-cycle for consideration as a Priority Grant with the following exceptions: ● The Town is being asked to fund the final gap of fundraising effort for a time-sensitive project or program, and the Town’s contribution represents twenty-five percent (25%) or less of the total amount fundraised; or ● There is a time-limited opportunity to leverage a significant amount of outside funding (at least a 1:1 match of the funding requested from the Town). (i) Process If a Childcare Assistance request does not qualify for a Priority Grant or falls under these exceptions, the Town Administrator will schedule the consideration of said request as an action item for a Town Board meeting. 4. FUNDING REQUIREMENTS Recipients of funds must meet the eligibility requirements as outlined below, comply with the funding agreement requirements, and demonstrate that performance expectations are achieved and documented through reporting. Recipients may be required to attend Document Title Policy 225 – Childcare Reserve Fund 06-10-2025 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 5 of 6 regular meetings, provide written reports or testimonies, and gather data to provide to the Town for long-term planning and strategizing. 6E Lodging Tax funds must be used to support childcare for workers within the Park R-3 School District boundary (“Estes Valley”). Eligibility Requirements ● For-profit childcare providers. ● Nonprofit, IRS-designated 501(c)(3) agencies in good standing. ● Libraries, museums, education institutions or other governmental entities that offer eligible programs, services, or activities. Applicants providing direct childcare services must: ● Provide care for children 0-13 years old that is consistent, regular, ongoing care that aligns with working parent’s schedules, and; ● Provide care for at least four children who are unrelated to the caregiver, and; ● Be in compliance with state and local health and safety requirements, and; ● Provide a certificate of insurance (once annually), and; ● If licensed, must meet the State of Colorado guidelines for providing legally exempt care. a. Eligible Expenditures ● Funds may be transferred to other agencies on a contractual basis to achieve the Town’s goals as stated in this policy. The contracts/agreements will be subject to approval by the Town Board and will specify authority with respect to funding decisions. ● Purchasing property (land and/or buildings) to be used for a childcare facility. ● Providing funding for tuition assistance or scholarships for childcare. ● Providing funding for out-of-school school-aged care programming, such as before- and after-school care programs. ● Providing financial assistance to childcare providers that can be directly linked to addressing childcare workforce challenges. Costs associated with addressing childcare workforce challenges may include, but are not limited to: o Recruitment and/or retention bonuses; o Wages to bridge the gap between what providers can afford to pay staff and what is deemed by the Town to be a reasonable, living wage; o Benefits such as healthcare, retirement, and/or paid leave; o Training; o Housing staff essential to the operation of childcare; and o Transportation needs of staff and/or children. ● Financing the design, construction, expansion, renovation or other improvements to facilities at which childcare services are provided or will be provided in order to: o Increase capacity or if such improvements are required to retain capacity o Enhance the safety, well-being, and/or experience of children in the care of providers receiving funding (such expenditures may include things like Document Title Policy 225 – Childcare Reserve Fund 06-10-2025 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 6 of 6 fencing, fire suppression improvements, healthy food/snacks, playground equipment, etc) o Become a licensed childcare provider. ● Subsidizing tap fees for new construction or expansion of existing childcare facilities that qualify as a Day Care Center as defined in the Estes Park Development Code. b. Childcare Funding Agreement 6E Lodging Tax expenditures will be accompanied by a Childcare Fund Agreement prepared and reviewed by the Town Attorney. The Childcare Funding Agreement must be executed before awards are distributed. The Town reserves the right to require stipulations regarding the use of funds in the Childcare Fund Agreement on a case-by-case basis as deemed necessary. The Childcare Fund Agreement may: ● Allow the Town to disperse all funds prior to a project commencing after a project is completed, or based on certain milestones. ● Set timelines for the use of funds. ● Establish minimum service levels. ● Dictate the circumstances when funds may need to be returned to the Town. i. Reporting Reporting on funds received is required for all recipients, as described in the Childcare Funding Agreement or within the Priority Grant Program description. The recipient is required to submit a report (or reports) to the Town at pre-determined intervals that detail how funds were spent and the impact/outcomes resulting from the use of funds. The Town reserves the right to hold funds or awards until reports are received, or applicants may be deemed ineligible for future funding due to a lack of reporting. Approved: _____________________________ Gary Hall, Mayor _____________ Date TOWN OF ESTESPARI( COLORADO 2026 Annual Funding Plan 6E Workforce Housing and Childcare Lodging Tax Purpose The Annual Workforce Housing and Childcare Funding Plan (Annual 6E Funding Plan) is an outline of how the Town of Estes Park plans to distribute funds derived from the Lodging Tax Extension (6E) to support housing and childcare for the Estes Valley workforce. The plan demonstrates how the funds passed through from the Local Marketing District, which levies the tax, to the Town is allocated between workforce housing and childcare initiatives, and how decisions are made to address the needs in the Estes Valley in 2026 and beyond. The Annual Funding Plan is considered and approved by the Town of Estes Park, Larimer County Commissioners, and Visit Estes Park. About GE Lodging Tax In November 2022, residents of the Visit Estes Park Local Marketing District voted to approve Ballot Initiative 6E to increase the total lodging tax rate from 2% to 5.5%. This 3.5% increase in tax provides approximately $5 million in funds to address workforce housing and childcare needs in the Estes Valley. The Board of Visit Estes Park (VEP) decided to serve as a "pass through" of the funds and rely on the Town of Estes Park, in coordination with Larimer County, to decide how to administer 6E revenue. The Workforce Housing and Childcare Lodging Tax funds received by the Town are administered in accordance with the Intergovernmental Agreement (IGA) between the County and Town of Estes Park by the Housing and Childcare Manager. The Housing and Childcare Manager works hand-in-hand with the Estes Park Housing Authority to strategically identify future needs and outline how they will be addressed, resulting in the proposed Annual 6E Funding Plan. A memorandum of understanding between the Town and Estes Park Housing Authority, originally entered into in July 2023, formalized the Housing Authority's role as administrator of the Lodging Tax revenue dedicated to workforce housing. The Town's Housing and Childcare Manager administers the distribution of funds retained by the Town to address childcare. 1 I Page Attachment 2 2 | Page The Annual 6E Funding Plan is drafted based on the initial framework presented in the ballot language in 2022. The initial framework included priorities consistent with the present workforce housing and childcare initiatives outlined below. Ballot Issue 6E 1. Construction or purchase of workforce housing or the purchase of land to provide sites for workforce housing; 2. Development and operation of programs to support workforce access to affordable housing; and 3. Develop and operate programs to support affordable workforce childcare services. Changes to the framework and process can be made at any time based on mutual agreement of the Town and Larimer County. 2026 Overview and Projections In January of each year, a lump sum is retained by the Town for personnel and operating expenses related to the position of Housing and Childcare Manager. Throughout the year, a predetermined percentage of the revenue is transferred directly to EPHA every month. This percentage is presented in the Annual 6E Funding Plan each year. Funding decisions are made based on the evaluation of needs in the community and the consideration of maximizing the impact of Workforce Housing and Childcare Lodging Tax (6E Lodging Tax) funds. All funding decisions are made in accordance with the Intergovernmental Agreement between Larimer County and the Town of Estes Park and the adopted Annual 6E Funding Plan (including this plan for 2026). The 2026 Annual 6E Funding Plan is informed by and builds upon foundational reports such as the 2023 Housing Needs Assessment and Strategic Plan, the 2024 Childcare Needs Assessment and Strategic Plan, the Childcare and Housing Task Force report conducted by the Town of Estes Park, previous Annual 6E Funding Plans and Impact Reports, and community outreach. The Annual 6E Funding Plan acts as a framework for how EPHA and the Town utilize 6E Lodging Tax funds to implement and measure the success of strategies. The Town monitors the impact of 6E Lodging Tax funds on both housing and childcare in the Estes Valley, which is reported in an “Annual 6E Impact Report” in the spring. Community feedback supports the draft of the Annual 6E Funding Plan and is compiled through direct outreach, public forums, and a feedback form, as presented in Exhibit A “Community Input”. The original 6E ballot framework was intentionally designed to provide flexibility in allocating revenues between workforce housing and childcare initiatives, ensuring that funding could adapt to evolving community priorities. Early stakeholder input, including from the Estes Park Housing Authority, acknowledged that workforce housing needs were both urgent and costly, warranting a greater share of initial resources. At the same time, there was a shared understanding that 3 | Page childcare funding needs would expand as program capacity, facilities, and capital projects developed over time. In alignment with this long-term vision, the allocation shifted in 2025 from 88% for housing/12% for childcare to 80%/20%, respectively, increasing the allocation to childcare initiatives while continuing to address critical housing needs. Maintaining this allocation in 2026 reflects a strategic commitment to building a more balanced and sustainable approach to meeting both housing and childcare demands in the Estes Valley based on need. Projected total 6E Passthrough to the Town in 2026 (provided by Visit Estes Park): $5,500,000 80% Workforce Housing: $4,400,000 20% Childcare: $1,100,000 All dollar figures are approximations contingent on several factors, including actual collections each year. Approval by the Town Board is required for the creation of funding programs for both childcare and workforce housing, as outlined in the MOU with EPHA. Reporting on the use of funds is conducted at least annually and upon request by either the Town Board, County Commissioners, or Visit Estes Park. A detailed expenditure report for the previous year is presented to both elected boards by April 15 each year. Childcare Initiatives 6E Lodging Tax revenue will be used to address the varied challenges faced by families in need of childcare, as well as the workforce challenges providers, early childhood teachers, and support staff experience. The Town will retain 20% of the expected revenue in 2026, projected to be approximately $1,100,000. In June 2025, the Town Board considered revisions to Town Policy 225: Childcare Funding Guidelines, which provides guidelines for the distribution of funding and introduced a new Priority Grant framework, Childcare Stability Initiative, and Childcare Assistance funding opportunities. The Town Board’s approval of these revisions formalized programs and distribution methods to be considered with the approval of this Funding Plan. The proposed 2026 Priority Grant framework and budget allocations may be reviewed in Exhibit B. Exhibit C depicts the overall projected revenue and expenditures for childcare funding in 2026. The estimated revenue, expenditures, and projected budget for childcare is an approximation and is subject to change based on opportunities that arise and variations in 6E Lodging Tax revenue. Funds that are not spent each year may carry over to the following year. Priority Areas and Targets: 4 | Page 1. Tuition Assistance Affordable childcare is essential for supporting working families, enabling parents to balance their careers and caregiving responsibilities. 2. Out-of-School Programs When school is not in session, provide a safe and engaging environment for children outside of school hours, promoting social interaction, learning, and personal growth. 3. Childcare Workforce Supporting the childcare workforce is essential for ensuring high-quality care and education, enabling caregivers to thrive and positively impact the development of children. 4. Facility Expansion New facilities and facility improvements are designed to create nurturing and stimulating environments to enhance early childhood development and increase capacity. Capacity Goals and Targets 2024 (Baseline) 2025 2026 Goal 2027 Target Home Provider (FCCH) 2 4 4 4 Infant Classroom 0 0 1 1 Toddler Classroom 1 2 2 2 Preschool Classroom 3 3 4 4 To meet these targets, the following objectives direct the use of 6E Funds in 2026 for the priority areas as defined above: Tuition Assistance 2026 Objective: Expand and evaluate childcare affordability by increasing eligibility to include low- to middle- income households and school-age children. With the launch of the Estes Valley Childcare Fund (EVCF) in 2025, additional children and families are eligible for childcare financial assistance in 2026. The program is fully funded for the 2025-26 program year (August-July) and is projected to support between 10 and 20 children of middle-income working parents in the Estes Valley. 5 | Page The Colorado Child Care Assistance Program (CCAP) is expected to remain frozen through 2026, allocating 6E Lodging Tax funds to childcare financial assistance critical to maintaining affordability for working families. CCAP typically serves families with children up to age 13. With the assistance program frozen, requests from low-to middle-income families during the school months have increased. While the YMCA of the Rockies and the Boys and Girls Club of Larimer County offer reduced tuition and scholarships for their summer out-of-school programs, demand for assistance continues to grow. Evaluation of these programs, along with the distribution of funds through EVICS Family Resource Center, will be essential for planning future School-Age Tuition Assistance needs. Based on anticipated demand, it is likely that additional funding or a separate program will need to be developed to meet these needs effectively if CCAP continues to be frozen. While tuition assistance has been a central priority for the first three years of 6E funding, 2026 will serve as a focused evaluation year. Collaboratively with EVICS Family Resource Center EVICS) and the Early Childhood Council of Larimer County (ECCLC), this evaluation will measure the reach and impact of tuition assistance on family financial stability and the overall sustainability of the local early childhood system. Findings will inform future funding priorities, ensuring that investments are both responsive to current needs and aligned with long-term vision for a stronger, more equitable infrastructure in the Estes Valley. Tuition Assistance Goal 1: Program creates a more equitable childcare system in the Estes Valley through improved policies and increased access to childcare assistance. Tuition Assistance Goal 2: Improve financial stability for underserved communities by offsetting the cost of childcare for families. Tuition Assistance Budget The proposed funding allocations for assistance programs is based on estimations from cost-modeling and projections from EVICS Family Resource Center. The expenditures are subject to change based on demonstrated need and experience. Population Served 2024 Actual 2025 Approved 2026 Projected 80% AMI and Below $150,000 $250,000 $300,000 80-110% AMI - $50,000 $150,000 50,000 Reimbursement $38,260 N/A N/A Total $188,260 $300,000 $500,000 6 | Page Tracking of the distribution of assistance administered to the various populations listed in the far left column in the table above will begin in 2026. Complete data demonstrating the various populations served in 2025 will be presented in the 2025 Impact Report. 150,000 in funds was granted to EVICS Family Resource Center in 2024 to support low- income families during the CCAP enrollment freeze, as well as for families with higher incomes seeking assistance while experiencing hardship or in need of emergency funding. In addition to the $150,000 that was initially provided, the Town also supplemented the program with $38,260 in “backfill” reimbursement to cover administered awards that required EVICS to dip into their reserves. Assistance for 80-110% AMI households is administered through the Estes Valley Childcare Fund, administered by ECCLC, which has a fiscal year beginning in July. The program year is August-July, which is why the budget is split between the two years. Beginning in 2025, the program year budget is $150,000 ($50,000 approved for August-December 2025). In 2026, the budget will be proposed for another $150,000 for the program year beginning in August, totaling 150,000 in 2026. Tuition Assistance Enrollment Child Enrollment Population Served 2024 Actual 2025 YTD* 2026 Goal 80% AMI and Below 58 74 50 80-110% AMI - 5 20 20 Total 58 79 90 YTD as of August 2025 Enrollment demonstrates the number of children receiving assistance. Tracking of the distribution of assistance administered to the various populations listed in the far left column in the table above will begin in 2026. Complete data demonstrating the various populations served in 2025 will be presented in the 2025 Impact Report. Out-of-School Programming 2026 Objective: Provide grant funding to support and expand capacity in out-of-school care programs, including new pilot initiatives offering care during teacher professional development days and holiday/school breaks. 7 | Page Through Priority Grants and the Childcare Stability Initiative, funding will continue to address year-round childcare needs for school-age children. This includes care during the summer months, before- and after-school hours, and on out-of-school days such as teacher professional development days, holidays, and school breaks. Out-of-school care providers are eligible for the Childcare Stability Initiative, offering predictable, ongoing funding that supports operational sustainability. Administrators of both school-year and summer-based programs can also apply for the Out-of-School Programming Priority Grant to support pilot programs, prioritizing new programs that serve children on teacher professional development days and school breaks. A dual funding pathway for Out-of-School programs enables both the development of new pilot programs and strengthens existing organizations, ensuring Estes Valley families have reliable childcare throughout the year for children up to age 13. Out-of-School Program Enrollment 2024 Baseline) 2025 2026 Goal 2027 Target After-school 52 91 104 104 Summer 163 264 264 228 Childcare Workforce Support 2026 Objective: Support wage increases and benefits for early childhood and childcare professionals closer to a livable wage and incentivize licensed childcare providers to establish childcare as a more lucrative profession in the Estes Valley. 6E Lodging Tax Funds will be allocated to grants, incentives, and collaborative initiatives that directly strengthen the childcare workforce. The Childcare Assistance program is available for Family Childcare Home Providers to support expenses related to health and safety improvements, as well as start-up costs for new providers. Funding may be used for childproofing, fencing, equipment, materials, and other essential needs that enable providers to meet licensing requirements and operate safely. To further incentivize licensing, Family Childcare Home (FCCH) providers who become licensed and enroll in the Early Childhood Council of Larimer County Coaching Program to achieve a Colorado Shines Quality Level 2 rating will receive a $1,000 bonus. ECCLC and EVICS Family 8 | Page Resource Center offer training, networking opportunities, coaching, and technical support to Family, Friend, and Neighbor (FNN) providers and licensed exempt providers to strengthen professional skills, promote quality improvement, and encourage licensing. Family, Friend, and Neighbor (FFN) care, or licensed-exempt care, is a critical solution to addressing childcare in the Estes Valley- specifically for infant and toddler care. Goal 1 of the Strategic Plan, conducted in 2023, includes strengthening infrastructure and support for FFN providers as a key objective. In 2026, the Town will support the inclusion of FFN providers with the creation of new grants and funding opportunities with 6E Lodging Tax revenue through the Childcare Assistance grant application. This segment of providers may receive funding to support their training for health, safety, and quality of care (such as CPR, child development courses, etc.), connect providers with state programs that can provide them with funding, and provide parents with the opportunity to access local tuition assistance if their provider is participating in the network. Because FFN care is not subject to regulation by the state and because many people providing this type of care would not identify as professional childcare providers, it can be difficult to know who they are or connect them with resources. Collaboration with key stakeholders and organizations such as the Early Childhood Council of Larimer County (ECCLC) and EVICS Family Resource Center will be essential to the creation of these programs. Additional workforce support strategies introduced in the 2025 Annual Funding Plan – including mortgage and rental assistance for providers, access to healthcare, and the integration of early childhood education into the high school Career and Technical Education program –will be evaluated and included in the 2025 Annual Impact Report. Childcare Stability Initiative: In June 2025, revisions to Town Policy 225: Childcare Funding Guidelines established the Childcare Stability Initiative, replacing the Annual Childcare Workforce Subsidy while retaining its core intent: to provide consistent, dependable funding to stabilize the workforce and help bridge the gap between what providers can afford to pay staff and what constitutes a livable wage. The Annual Childcare Workforce Subsidy, introduced in 2023, was an early effort to address wage gaps and improve retention of childcare employees, and received positive feedback from providers and demonstrated measurable success in increasing wages and stabilizing the workforce. However, program evaluation highlighted the need for a more reliable and flexible funding structure that providers could incorporate into long-term planning. The Childcare Stability Initiative builds on these lessons by providing an annual, framework- driven funding mechanism for licensed childcare providers and entities offering essential services. Applicants submit requests as part of the Annual Funding Plan process, using a 9 | Page structured workbook to document operational needs, workforce strategies, and any proposed solutions addressing critical gaps in the community. Requests are reviewed and approved with the annual budget, ensuring predictability for providers while aligning allocations with broader community priorities. Funds awarded through the Childcare Stability Initiative directly influence the funding available for Priority Grants and Childcare Assistance in the following year, creating a balanced and integrated funding approach. 2026 Childcare Stability Initiative Funding Requests: Mountaintop Childcare YMCA of the Rockies Preschool Park Place Preschool YMCA of the Rockies Day Camp Boys and Girls Club of Larimer County Estes Valley Recreation and Park District Funding requests and staff recommendations for Childcare Stability Initiative funding are provided in Exhibit D. Capital and Facilities 2026 Objective: Development of a Childcare Facility Master Plan for the Estes Valley, demonstrating the expansion of additional childcare facilities to ensure adequate space and resources to meet the current and future demand for quality early childhood care. Continue to collect and save funds year-to-year to remain flexible and reactive to opportunities as they arise. The Town will continue to direct funds toward capital and facility improvements to meet the demand for increased childcare spots in the Estes Valley. By establishing a healthy reserve, the Town will remain flexible and responsive to emerging opportunities. By allocating and preserving funds year-to-year, the Town can make strategic investments in property acquisition, construction, or major renovations in alignment with long-term facility goals. In 2026, the Town intends to develop a Childcare Facility Master Plan to help guide these investments, providing a comprehensive blueprint for expanding and optimizing facilities across the Estes Valley. The facility housing Mountaintop Childcare (1250 Woodstock Drive) was purchased by the Town in 2024 to retain the business and preserve the 40 childcare spots at that location. By leasing the facility back to the childcare provider, the Town has an additional revenue stream aside from the 6E Lodging Tax revenue to support the maintenance of Town-owned childcare facilities. The “Childcare Facility Account” does not utilize 6E Lodging Tax revenue unless identified in the Annual Funding Plan for specific projects. The Town Board will consider the use 10 | Page of $30,000 in 6E Lodging Tax dollars to address ADA accessibility and upgrades to the building, in addition to the use of received grant funds. More information about the Childcare Facility Account and the proposed budget can be found in Exhibit E In parallel with the accumulation of flexible reserve funds and long-term planning, the Childcare Facility and Capital Funding Priority Grant will continue to provide licensed childcare providers with funding to support facility renovations, equipment purchases, and other capital improvements that expand capacity and improve quality. Housing Initiatives The Estes Park Housing Authority (EPHA) exists to create and facilitate housing opportunities in the Estes Valley. In July 2023, the Town entered into a memorandum of understanding to transfer Workforce Housing and Childcare Lodging Tax (6E Lodging Tax) funds dedicated to workforce housing to EPHA. EPHA has the authority to make purchasing decisions as outlined in the MOU and to administer and manage the various programs presented in the Annual 6E Funding Plan. All expenditures by the EPHA are subject to regular audits. The Estes Park Housing Authority was created by the Town and is a quasi-governmental entity. The EPHA Board Members are appointed by the Town Board, and it is subject to the same auditing requirements as other public entities in Colorado. Decisions regarding distribution will be made in collaboration with the Estes Park Housing Authority, and specifics are informed by the Housing Needs Assessment and Strategic Plan, conducted in 2023, and the Annual Housing Supply Plan drafted by EPHA, which provides insight into the organization’s future planning for housing development. The estimated revenue, expenditures, and projected budget for housing is an approximation and is subject to change based on opportunities that arise and variations in 6E Lodging Tax revenue. All funds that are not spent each year may carry over to the following year. Priority Areas and Targets: 1. Land Banking Strategically acquire and hold vacant or underutilized land for future development of workforce housing, ensuring long-term availability of new development in the Estes Valley. 2. Development Increasing the quantity of housing available for the workforce through new construction to support the local workforce who need housing within a reasonable proximity to their jobs. 3. Assistance Programs Bridge the affordability gap and mitigate the financial strain caused by increasing housing costs on members of the local workforce. 11 | Page 4. Staffing Capacity- removed as a priority for 2026. Increased number of staff at the Estes Park Housing Authority is necessary to provide essential services and administer programs to fulfil housing initiatives. Housing Initiatives Goals and Targets 2025 2026 Goal 2028 Target Property Acquisition 117 0 New Development 0 0 300-400 units 1 5 Rental Assistance 32 40 The following objectives inform the use of 6E Funds in 2026 to meet the targets and priority areas outlined above: Land Banking 2026 Objective: Remain flexible in the ability to acquire and preserve existing homes, properties, and strategically located land- both vacant and underutilized- to support the development and conversion of workforce housing. The Estes Park Housing Authority is focused on being proactive and flexible with respect to property acquisition, enabling the ability to respond quickly to emerging opportunities. Land banking was a key strategy proposed in the 2023 Housing Needs Assessment and Strategic Plan, which EPHA immediately took advantage of with 6E Lodging Tax revenue. Since 2023, an additional 117 housing units have been added to the community through the conversion of existing properties that were previously utilized as short-term rentals, restricting them to use by the local workforce. With the financial resources that EPHA has access to, the rental rates at those properties are under market-rate, making them affordable for the workforce. Targeted growth for increased housing units by 2028 is 300-400 units. The acquisition and conversion of the 117 units bring us closer to that goal. Moving into 2026, EPHA will shift its primary focus toward the development and predevelopment of properties owned by the Town and EPHA. Ground-up construction remains a top priority, while maintaining the flexibility to act on high-impact opportunities that strengthen the community’s long-term housing supply. Development 12 | Page 2026 Objective: Advance the conceptual planning and initiate ground-up development of new housing units for both rent and sale. Efforts will align with the Estes Valley Housing Needs Assessment and the Town of Estes Park’s Comprehensive Plan to ensure strategic, data-informed growth that meets local demand. The Estes Park Housing Authority projects the creation of approximately 137 units through the development of four capital development projects within the next five years. These projects are dependent upon market forces and the availability of funding sources beyond 6E revenue. All projects are under the direct control of the EPHA or the Town of Estes Park. 6E Lodging Tax funds, in partnership with various Prop 123 initiatives, or other available federal and state funding sources, will support the development of these projects. Property owned by the Town of Estes Park in predevelopment includes the Fish Hatchery Housing Development and 179 Stanley Circle Drive. In addition to Town-owned property, EPHA is in the pre-development stage for property they own on Riverside Drive. The Fish Hatchery Housing Development has been in predevelopment since 2021, but the Town stepped back from pursuing a workforce rental development at that location due to changes in the financial market, construction costs, and market demand. EPHA and the Town will continue to work together to jumpstart a redevelopment of mixed-income workforce housing at the site. EPHA anticipates pursuing Low-Income Housing Tax Credits (LIHTC) to develop the site in coordination with development partners. As of August 2025, EPHA has filed a formal development plan with an amended rezoning application to the Town of Estes Park. This will position them to apply for low-income housing tax credits in 2027. Assistance Programs 2026 Objective: Implement and evaluate programs that financially support the rental and ownership of workforce housing, while exploring the potential incentives for the development of accessory dwelling units ADUs) and private development of new workforce housing. The Workforce Rental Assistance (WFRA) program launched in 2024 as a pilot program and concluded in April 2025, transitioning out of the pilot phase in May 2025. 54 households received assistance during the pilot program, and the evaluation of the pilot program demonstrated that a change in eligibility should include a higher income-to-housing ratio. The new program year began in May 2025, and with the launch of the new program nine additional applicants have been approved for the program. While attrition is expected, renewal of applications is expected in 2026. Renewal applications coincide with the recipient’s lease renewal, and updated employment information is required to ensure the applicant still falls within the guidelines of the program structure. 13 | Page To date, the priority has been to provide stability for the workforce in rental markets. In 2026 will evolve to include home-ownership programs by offering a Down Payment Assistance Program. The Trailhead Homeownership Down Payment Assistance Program is scheduled to launch in 2025, with a goal of serving five households. Qualified households may receive up to a 20% down payment shared equity loan. A shared equity loan does not require monthly payments by the household but requires that the loan be paid back upon the sale of the home, including the shared appreciation sum. The administration of the program and the loan issuance will be administered by the Impact Development Fund. Staffing Capacity In 2026, this will be removed as a priority. The staffing has been expanded at EPHA, providing systems that meet the needs of the increased scope of work conducted at EPHA that 6E Lodging Tax funds prompted. 6E Lodging Tax revenue transferred to EPHA will support the staffing needed to administer the work associated with the additional objectives related to the workforce, specifically the roles of the Housing Program Manager and the Real Estate Development Director positions. EPHA utilizes 6E Lodging Tax funds to cover additional administrative costs associated with the verification of housing and related covenants, the role of the Executive Director, and accounting services. Final Summary This year’s funding plan reflects a strategic shift in 6E Lodging Tax allocation to respond to evolving community needs and market conditions. In housing, the focus shifted from primarily expanding availability of workforce housing through the conversion, preservation, and acquisition of property to an approach that combines targeted assistance programs, such as rental and down payment support, with investment in new construction and mixed-income developments. This dual strategy addresses immediate affordability while building supply for the future. In childcare, the priority was workforce stability and financial stability through tuition assistance programs, operational support for providers, and initiatives to retain and strengthen the early childhood workforce. Moving forward, funding will be directed toward increasing childcare capacity through investments in facilities, capital projects, and long-term infrastructure that can meet current and projected demand. This shift ensures continued availability of quality care while laying the foundation for sustained growth in the sector. Performance measures indicate significant progress in increasing the availability and affordability of both housing and childcare, while also laying the groundwork for sustained long- term impact. Moving forward, the outcomes of this year’s plan will continue to inform funding 14 | Page strategies, leverage partnerships, and adapt to emerging needs, ensuring that our community remains resilient, inclusive, and economically strong. Exhibit A: Community Input While drafting the annual funding plan, the Town engages with the public in several ways to gauge the direction of the proposed plan for the next year. In July and August 2025, the Town discussed strategies and alignment of the objectives and targets proposed in this plan through various methods including: One-on-one meetings with key stakeholders, such as EVICS Family Resource Center Two public outreach forums (18 individuals attended in-person, 6 virtually) Online Feedback Form (15 responses) The same feedback form has been distributed, with minor edits, for the last three years and includes the following questions: 1. After reviewing the previous year’s plan and impact report, what suggestions do you have for the 2026 Funding Plan? 2. What are your key takeaways from the use of 6E Lodging Tax funds for workforce housing/childcare to date? 3. What additional reporting mechanisms or data points would you like to see in the Annual Impact Report? 4. How do you feel about the distribution of funds between childcare and housing? 80%/20% split) 5. Please share your reasoning for suggesting any increases or decreases between the two focus areas. 6. Decreasing/No Change/Increasing funding for each workforce housing priority area: Land Banking, Development, Assistance Programs, and Staffing 7. Decreasing/No Change/Increasing funding for each workforce childcare priority area: Tuition Assistance, Out-of-School, Workforce Challenges, and Capital/Facilities 8. Recipients have the opportunity to ask questions and include their contact information, otherwise the form is anonymous. The feedback form is provided to interested community members who may not be able to attend a forum, where many of their questions may have been answered. The following points were taken from the feedback form and discussions during the forums: Childcare and Housing Focus: Several respondents suggested increasing funding for childcare, with some believing it needs more attention than housing. There is a significant need for affordable and quality care, especially for infants. Seasonal Worker Housing: A significant suggestion was to address the lack of housing for J1 and seasonal employees, proposing options like dorm-style housing and utilizing 6E funding for seasonal workers, as much seasonal housing has converted to short-term rentals. 15 | Page Funding and Oversight: Suggestions included moving middle-income tuition assistance to EVICS, increasing citizen involvement in fund distribution, and reviewing leadership and practices related to 6E funding. Alternate Housing Solutions: Suggest increasing the focus on housing affordability issues and giving money back to the community for homebuyer programs and down payment assistance. Housing Expansion Concerns: Some respondents recommended slowing down workforce housing expansion due to perceived inefficiency and economic slowdown. There were comments about the high amount of funding that’s gone to housing and the rapid growth of EPHA. Childcare Workforce: Incentivize the local workforce and focus on attracting and adequately compensating high-quality childcare workers. The following charts are representative of the feedback received from the online feedback form: 16 | Page Exhibit B: Childcare Priority Grant Framework and Allocations Priority Grant opportunities offer 6E Lodging Tax revenue to address specific childcare challenges in the Estes Valley by targeting objectives and outcomes presented in this Annual Funding Plan, including but not limited to, tuition assistance programs, out-of-school program expansion, capital projects and facilities, and addressing challenges in the early childhood workforce. Childcare Facility and Capital Funding Grant Childcare Facility and Capital Funding Grants are dedicated to supporting new facilities and facility improvements that are designed to create nurturing and stimulating environments to enhance early childhood development. Application Window: June 15- September 1 Funding Allocation: $100,000 Out-of-School Funding Grant Out-of-School Funding Grant supports the expansion of existing programs serving children 0- 13 years old when school is out of session. Funds must be used to increase capacity and serve more children in the Estes Valley after-school and when school is out of session. Application for School-year: July 15- October 1 Application for Summer: March 15- May 1 Funding Allocation: $50,000 Childcare Stability Initiative 17 | Page Childcare Stability Initiative provides eligible entities with a direct subsidy to support the early childhood and childcare workforce, and general operations and overhead of entities that play a critical role in providing childcare capacity in the Estes Valley. Applications due July 1. Funding Allocation: $300,000 Tuition Assistance Funding 6E Lodging Tax revenue is available through the Childcare Assistance application, or by direction of the Town Board, to fund low- to middle-income families in the Estes Valley. Requests for funding over $50,000 must be approved by the Town Board. Funding Allocation: $300,000 New License Incentive Program Family Childcare Home (FCCH) providers who become licensed and enroll in the Early Childhood Council of Larimer County Coaching Program to achieve a Colorado Shines Quality Level 2 rating will receive a $1,000 bonus. Funding Allocation: $5,000 Exhibit C: Proposed 6E Childcare Budget Based on projected revenue and allocated funds for developed funding programs, the following budget provides a proposed use of 6E revenue and expenditures throughout the year. 2026 Projected Childcare Budget Revenue Roll-over from 2025/Reserve $750,000 Projected 6E Revenue $1,102,500 Total $1,852,500 Expenditures Allocated Program Funding $955,000 Childcare Facility Account Transfer $30,000 Total $985,000 An allocation of funds for each grant funding program ensures that funds are available to distribute and directs the prioritization of awards. These programs do not represent the total expected revenue in 2026. Funds may be distributed up to the amounts outlined in the proposed 18 | Page program budget and may change throughout the year. By vote of the Town Board, expenditures may exceed funding allocations outlined below. 2026 Projected Program Funding Allocation Priority Objective Allocated Funding Childcare Stability Initiative $300,000 Childcare Facility and Capital Grant $100,000 Tuition Assistance $500,000 Out-of-School Funding Grant $50,000 New License Incentive Program $5,000 Total $955,000 Exhibit D: Childcare Stability Initiative Childcare Stability Initiative Request and Staff Recommendations Applicant Amount Recommendation The funding requested by Estes Valley childcare organizations and stakeholders has been recommended for approval from the Town Staff review committee for 2026. A total distribution of $290,000 will be awarded in January 2026. 19 | Page Exhibit E: Childcare Facility Account As presented in Policy 225: Childcare Funding Guidelines, the Childcare Facility account was established with revenue from the rental of a Town-owned facility to a childcare provider. The Childcare Facility account is used to fund future maintenance, repairs, expansion, and acquisition of childcare facilities to be owned by the Town. 6E Lodging Tax revenue may be allocated to the Childcare Facility account with approval by the Town Board. Expenditures from the Childcare Facility expense account for Town-owned childcare facilities will be presented and approved through the Town’s annual budget approval process and Annual 6E Funding Plan. Facility Account Projections Revenue 2025 2026 Expenses Staff recommend investing in upgrades to the outdoor ramp and playground area to meet ADA compliance and enhance the space to meet the needs of all children. The Town has applied for grant funding, but recommends transferring $30,000 in 6E Lodging Tax revenue to the Childcare Facility Account to begin work on these projects, regardless of whether the project is awarded. Additional repairs and maintenance expenses are projected in 2026 as outlined in the proposed 2026 Childcare Facility Account budget. 2026 Repairs and Maintenance Exterior 20 | Page Interior Total $5,000 As of September 2025, the Town has been awarded $20,000 in grant funding from Visit Estes Park, from proceeds they are redistributing back into the community from the Frozen Dead Guy Day festival. The Frozen Dead Guy Day (FDGD) Grant will support the ADA Compliance Project at the Mountaintop Childcare facility as proposed: ADA Compliance Project Revenue Expenses Total $50,000 Childcare Stability Initiative Subsidy Agreement YMCA of the Rockies Summer Inclusion Program The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and YMCA of the Rockies (Recipient), a Colorado nonprofit corporation whose address is 2515 Tunnel Road, Estes Park, CO, 80511, hereby agree to the following on this __________ day of ____________________, 2026, for good and valuable consideration of the receipt of which is hereby acknowledged: 1. The Town awards $ 60,000 to Recipient as approved by the Town Board of Trustees for 2026, based on the framework of funding outlined in the Childcare Stability Initiative. 2. The Childcare Stability Initiative is available through the Town of Estes Park’s Workforce Housing and Childcare Lodging Tax Fund (6E Lodging Tax Fund) to entities offering childcare in the Estes Valley (Estes Park R-3 School District). The annual direct subsidy intends to support the staffing, general operations, and overhead of entities that play a critical role in providing childcare capacity to support the tourism-related workforce in the Estes Valley. 3. By accepting this direct subsidy award, the Recipient warrants that their application demonstrates true representation of the childcare services offered to meet the required qualifications and additional incentives. 4.The Recipient agrees to use at least 75% of the subsidy to directly address childcare workforce challenges as outlined below: a.Provide wages that support a livable wage in Larimer County for all teachers, staff, and aides. b.Help pay or offset costs for benefits such as healthcare and paid leave. c.Provide recruitment bonuses or retention stipends. d.Provide assistance with costs associated with licensing and/or staff training. e.Provide assistance with costs associated with housing staff. f.Provide assistance with costs associated with transportation needs of staff and/or children. 5. The remaining 25% of funds received may be used for general operating costs and may include capital site improvements and learning environment materials. 6.The livable hourly wage for all Recipient’s teaching positions must be a minimum of $23/hour, not including benefits or bonuses. Attachment 3 Town of Estes Park Services Contract -- Page 2 of 6 7. The livable hourly wage for all Recipient’s support staff, including aides and paraprofessionals, must be a minimum of $18/hour, not including benefits or bonuses. 8. At least one parent or guardian of each of the children served by the Recipient must work full-time (at least 30 hours per week) within the boundaries of the Estes Park R-3 School District. 9. The Recipient agrees to use these funds only for the purposes described above. The Recipient shall keep full records of the use of these funds and compliance with the above requirements. Recipient acknowledges that, in addition to all other remedies the Town may pursue for Recipient’s breach of this agreement, Recipient may become ineligible for future funds from the Town. 10. Such records must be delivered to the Town promptly at any time upon request, as well as via periodic comprehensive reports encompassing the six and twelve months following the award of this subsidy, due July 1, 2026 and February 1, 2027, respectively. 11. Recipient must spend all funds provided under this Agreement within twelve (12) months of its effective date or must return the funds to the Town. 12. Recipient must provide childcare services at current service and staffing levels, as described in its application for this subsidy, for a minimum of 24 months from the effective date of this Agreement or the funds must be returned to the Town. 13. Recipient warrants that all of the information included in its application for this subsidy, its attachments, its supplemental documents, and all other information communicated to the Town to solicit its approval of this grant is true and correct. 14. This Agreement does not preclude the Recipient from being eligible for additional funding from the Town for the purposes of childcare. Such funding may be provided on an application basis or through a direct subsidy program. 15. The Town finds that the aforementioned uses of these funds are for the public purpose of protecting the economic and social vitality of the Town. This is accomplished by expanding childcare options for working parents and guardians, thereby supporting employment for residents of the Town, allowing employees to continue to live and work locally, and ultimately to continue to contribute to the Town's tax base. The Town finds that this Agreement's public purposes are both significant and substantial and justify the expenditure of the public funds. The Town finds that the support of childcare operations both inside and in the immediate vicinity of the Town and the boundaries of the Estes Park Local Marketing District contributes to the public purposes described above, that the economy and society of the entire Estes Valley is inextricably interconnected, and that supporting the families of the Estes Valley is integral to supporting the economic and social vitality of the Town. The Town also finds that the Town will receive adequate consideration for its financial contribution to the Recipient in the form of the significant and substantial public benefits described above. Finally, the Town finds that the Town of Estes Park Services Contract -- Page 3 of 6 activities funded by this Agreement constitute development and operation of a program to support childcare services for the tourism-related workforce. 16. This Agreement does not establish a partnership or joint venture between the Town and the Recipient. The Recipient shall perform all activities under this agreement as an independent entity, and not as an agent or employee of Town. No employee or official of Town shall supervise the Recipient or its agents or employees. The Recipient shall exercise no supervision over any employee or official of Town. The Recipient and its agents and employees shall not represent that they are an employee or agent of the Town in any capacity. The Recipient's officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and the Recipient and its officers, employees and agents are obligated to pay any applicable federal and state income tax on money paid under this Agreement. Except as this Agreement expressly states, the Recipient shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and services necessary. This Agreement is not exclusive; subject to the terms of this Agreement, Town and the Recipient may each contract with other parties. 17. The Recipient and its agents, principals, officers, partners, employees, and subcontractors shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys' fees and the value of the time of in-house counsel), of any nature, kind, or description by any third party arising out of, caused by, or resulting from any activities under this Agreement. 18. The Recipient will perform activities under this Agreement in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Agreement. The Recipient shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that the Recipient follows the safety regulations issued by OSHA. The Recipient shall secure all permits and licenses, pay all charges, files, and taxes, and give all notices necessary and incidental to the lawful prosecution of its activities under this Agreement. 19. The Recipient shall maintain compliance with all applicable laws and regulations pertaining to child care in Colorado. If violations or reports are made to any state or federal administrative agency alleging Recipient’s noncompliance with any applicable law or regulation, the Recipient must notify the Town in writing and provide the Town all associated documentation within 30 days. 20. Recipient shall not refuse work or services or otherwise discriminate against a potential or existing employee, contractor, client, or child under its care because of disability, race, creed, color, sex, sexual orientation, gender identity, gender Town of Estes Park Services Contract -- Page 4 of 6 expression, marital status, religion, age, national origin, or ancestry. This paragraph shall survive the termination of this Agreement and shall be construed coextensively with Colorado law. 21. Recipient is not a religious institution. The Program funded through this Agreement will not support, espouse, or instruct in religious beliefs, or promote or engage in religious activities. This paragraph shall survive the termination of this Agreement. 22. The Recipient shall maintain such insurance as necessary to cover such liability as may arise from its activities under this Agreement and shall provide evidence of such coverage to the Town upon request. 23. This instrument forms a contract only when executed in writing by duly authorized representatives of Town and the Recipient. By their signatures on this document, the signatories represent that they have actual authority to enter this Agreement for the respective parties. 24. There are no other agreements on the same subject than expressly stated or incorporated in this Agreement. 25. The laws of the State of Colorado shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. 26. This Agreement does not create a multiple fiscal year direct or indirect debt or other financial obligation. All financial obligations of the Town under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 27. Only the Town and the Recipient shall have the right to bring an action to enforce the respective rights and obligations under this Agreement. No other third party shall have the right or standing to enforce the terms of this Agreement, directly or by derivative action on behalf of either Party. 28. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both the Town and the Recipient have contributed substantially and materially to the preparation of this Agreement. 29. The Parties warrant that they have taken all actions necessary or required by their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign this Agreement for them and to bind them to its terms. Town of Estes Park Services Contract -- Page 5 of 6 RECIPIENT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2026, by ______________________________, as _____________________________ of ______________________________, Recipient. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Services Contract -- Page 6 of 6 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public Childcare Stability Initiative Subsidy Agreement Boys and Girls Club of Larimer County Summer Programming The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Boys and Girls Club of Larimer County (Recipient), a Colorado nonprofit corporation, whose address is 103 Smokey Street, Fort Collins, CO, 80525, hereby agree to the following on this __________ day of ____________________, 2026, for good and valuable consideration of the receipt of which is hereby acknowledged: 1. The Town awards $ 60,000 to Recipient as approved by the Town Board of Trustees for 2026, based on the framework of funding outlined in the Childcare Stability Initiative. 2. The Childcare Stability Initiative is available through the Town of Estes Park’s Workforce Housing and Childcare Lodging Tax Fund (6E Lodging Tax Fund) to entities offering childcare in the Estes Valley (Estes Park R-3 School District). The annual direct subsidy intends to support the staffing, general operations, and overhead of entities that play a critical role in providing childcare capacity to support the tourism-related workforce in the Estes Valley. 3. By accepting this direct subsidy award, the Recipient warrants that their application demonstrates true representation of the childcare services offered to meet the required qualifications and additional incentives. 4.The Recipient agrees to use at least 75% of the subsidy to directly address childcare workforce challenges as outlined below: a.Provide wages that support a livable wage in Larimer County for all teachers, staff, and aides. b.Help pay or offset costs for benefits such as healthcare and paid leave. c.Provide recruitment bonuses or retention stipends. d.Provide assistance with costs associated with licensing and/or staff training. e.Provide assistance with costs associated with housing staff. f.Provide assistance with costs associated with transportation needs of staff and/or children. 5. The remaining 25% of funds received may be used for general operating costs and may include capital site improvements and learning environment materials. 6.The livable hourly wage for all Recipient’s teaching positions must be a minimum of $23/hour, not including benefits or bonuses. Attachment 4 Town of Estes Park Services Contract -- Page 2 of 6 7. The livable hourly wage for all Recipient’s support staff, including aides and paraprofessionals, must be a minimum of $18/hour, not including benefits or bonuses. 8. At least one parent or guardian of each of the children served by the Recipient must work full-time (at least 30 hours per week) within the boundaries of the Estes Park R-3 School District. 9. The Recipient agrees to use these funds only for the purposes described above. The Recipient shall keep full records of the use of these funds and compliance with the above requirements. Recipient acknowledges that, in addition to all other remedies the Town may pursue for Recipient’s breach of this agreement, Recipient may become ineligible for future funds from the Town. 10. Such records must be delivered to the Town promptly at any time upon request, as well as via periodic comprehensive reports encompassing the six and twelve months following the award of this subsidy, due July 1, 2026 and February 1, 2027, respectively. 11. Recipient must spend all funds provided under this Agreement within twelve (12) months of its effective date or must return the funds to the Town. 12. Recipient must provide childcare services at current service and staffing levels, as described in its application for this subsidy, for a minimum of 24 months from the effective date of this Agreement or the funds must be returned to the Town. 13. Recipient warrants that all of the information included in its application for this subsidy, its attachments, its supplemental documents, and all other information communicated to the Town to solicit its approval of this grant is true and correct. 14. This Agreement does not preclude the Recipient from being eligible for additional funding from the Town for the purposes of childcare. Such funding may be provided on an application basis or through a direct subsidy program. 15. The Town finds that the aforementioned uses of these funds are for the public purpose of protecting the economic and social vitality of the Town. This is accomplished by expanding childcare options for working parents and guardians, thereby supporting employment for residents of the Town, allowing employees to continue to live and work locally, and ultimately to continue to contribute to the Town's tax base. The Town finds that this Agreement's public purposes are both significant and substantial and justify the expenditure of the public funds. The Town finds that the support of childcare operations both inside and in the immediate vicinity of the Town and the boundaries of the Estes Park Local Marketing District contributes to the public purposes described above, that the economy and society of the entire Estes Valley is inextricably interconnected, and that supporting the families of the Estes Valley is integral to supporting the economic and social vitality of the Town. The Town also finds that the Town will receive adequate consideration for its financial contribution to the Recipient in the form of the significant and substantial public benefits described above. Finally, the Town finds that the Town of Estes Park Services Contract -- Page 3 of 6 activities funded by this Agreement constitute development and operation of a program to support childcare services for the tourism-related workforce. 16. This Agreement does not establish a partnership or joint venture between the Town and the Recipient. The Recipient shall perform all activities under this agreement as an independent entity, and not as an agent or employee of Town. No employee or official of Town shall supervise the Recipient or its agents or employees. The Recipient shall exercise no supervision over any employee or official of Town. The Recipient and its agents and employees shall not represent that they are an employee or agent of the Town in any capacity. The Recipient's officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and the Recipient and its officers, employees and agents are obligated to pay any applicable federal and state income tax on money paid under this Agreement. Except as this Agreement expressly states, the Recipient shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and services necessary. This Agreement is not exclusive; subject to the terms of this Agreement, Town and the Recipient may each contract with other parties. 17. The Recipient and its agents, principals, officers, partners, employees, and subcontractors shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys' fees and the value of the time of in-house counsel), of any nature, kind, or description by any third party arising out of, caused by, or resulting from any activities under this Agreement. 18. The Recipient will perform activities under this Agreement in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Agreement. The Recipient shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that the Recipient follows the safety regulations issued by OSHA. The Recipient shall secure all permits and licenses, pay all charges, files, and taxes, and give all notices necessary and incidental to the lawful prosecution of its activities under this Agreement. 19. The Recipient shall maintain compliance with all applicable laws and regulations pertaining to child care in Colorado. If violations or reports are made to any state or federal administrative agency alleging Recipient’s noncompliance with any applicable law or regulation, the Recipient must notify the Town in writing and provide the Town all associated documentation within 30 days. 20. Recipient shall not refuse work or services or otherwise discriminate against a potential or existing employee, contractor, client, or child under its care because of disability, race, creed, color, sex, sexual orientation, gender identity, gender Town of Estes Park Services Contract -- Page 4 of 6 expression, marital status, religion, age, national origin, or ancestry. This paragraph shall survive the termination of this Agreement and shall be construed coextensively with Colorado law. 21. Recipient is not a religious institution. The Program funded through this Agreement will not support, espouse, or instruct in religious beliefs, or promote or engage in religious activities. This paragraph shall survive the termination of this Agreement. 22. The Recipient shall maintain such insurance as necessary to cover such liability as may arise from its activities under this Agreement and shall provide evidence of such coverage to the Town upon request. 23. This instrument forms a contract only when executed in writing by duly authorized representatives of Town and the Recipient. By their signatures on this document, the signatories represent that they have actual authority to enter this Agreement for the respective parties. 24. There are no other agreements on the same subject than expressly stated or incorporated in this Agreement. 25. The laws of the State of Colorado shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. 26. This Agreement does not create a multiple fiscal year direct or indirect debt or other financial obligation. All financial obligations of the Town under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 27. Only the Town and the Recipient shall have the right to bring an action to enforce the respective rights and obligations under this Agreement. No other third party shall have the right or standing to enforce the terms of this Agreement, directly or by derivative action on behalf of either Party. 28. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both the Town and the Recipient have contributed substantially and materially to the preparation of this Agreement. 29. The Parties warrant that they have taken all actions necessary or required by their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign this Agreement for them and to bind them to its terms. Town of Estes Park Services Contract -- Page 5 of 6 RECIPIENT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2026, by ______________________________, as _____________________________ of ______________________________, Recipient. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Services Contract -- Page 6 of 6 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2026. Witness my hand and official Seal. My Commission expires . Notary Public The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Dana Klein, CPP, CCTM, Parking & Transit Manager Laura Blevins, Grant Specialist Department: Public Works Date: February 24, 2026 Subject: Resolution 16-26 Intergovernmental Agreement with the Colorado Department of Transportation for Fiscal Year 2026 Federal Transit Administration 5311 Baseline Rural Area Formula Grant Funds to Support Estes Transit (The Peak) PO 491004098 Type: Resolution Objective: Public Works (PW) staff seek Town Board consideration for approval of an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for Federal Transit Administration (FTA) 5311 Rural Area Formula Funds to support Estes Transit (The Peak) administration and operation in 2026. Present Situation: The FTA 5311 Program provides funding for rural areas (with populations under 50,000) that operate fixed-route or demand-response public transit services. This is the combined FY 2025 expansion and 2026 Baseline awards from this federal funding source. In September of 2025 Public Works staff were notified of the 2025 Expansion award. Due to the State of Colorado being a party to a lawsuit: State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.) the announcement of awards from 2025 NOFA were delayed. CDOT was unable to send the expansion award contract to the Town Board for approval before the end of December 2025. Therefore, CDOT gave staff a choice on how to proceed with this award. Public Works staff chose to add the 2025 expansion funds to the 2026 5311 award as a one-time addition. The agreement total (grant and local match) is $449,995 with $209,999 as local match. Town staff received the IGA documents from CDOT in late January 2026. A copy of that sub-award agreement is included as an attachment to this document. Proposal: Public Works staff recommend approval of the IGA with CDOT as presented Advantages: •Supplement the Town’s General Fund allocation for administration and operation of The Peak (Estes Transit) in 2026. This will allow for program expansion for operating hours and number of days. •Continue providing an ongoing, annual source of funding that, while not guaranteed, is considered stable due to the program’s longevity. •Supports the Town Board’s Strategic Plan Key Outcome Area, Transportation, along with several multi-year goals. Disadvantages: •Applying for and receiving grant funding is accompanied by additional administrative burdens; however, Town staff have recent experience managing a federal grant of this type. Action Recommended: Public Works recommends approval of Resolution 16-2 6. Finance/Resource Impact: Current Impact: The breakdown of the award is as follows: •Administrative Portion: $49,995.00, with a $9,999.00 local match. •Operating Portion: $400,000.00, with a matching local contribution of $$200,000.00. The local match, $209,999.00, is budgeted in 10104043-522600, PROF. SVC / TRANSPORTATION FEES. Level of Public Interest: Public Interest in the item is likely to be Low. Sample Motion: I move for the approval/denial of Resolution 16-26. Attachments: 1. Resolution 16-26 2. CDOT Subaward Agreement (provided to show agreement content; CDOT has issued a Docusign form for approval signature) RESOLUTION 16-26 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FEDERAL TRANSIT ADMINISTRATION 5311 RURAL AREA FORMULA FUNDS TO SUPPORT THE PEAK TRANSIT SERVICES FOR THE 2026 SEASON WHEREAS, the Town Board desired to enter the intergovernmental agreement referenced in the title of this resolution for the purpose of accepting Fiscal Year 2026 Federal Transit Administration (FTA) 5311 Rural Area Program Funds to support the administration and operation of The Peak; and WHEREAS, the Town Board commits to maintaining the existence of public transportation services in 2026 in support of the goals outlined on Pg. 22 of the subaward agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the professional services agreement and a construction contract referenced in the title of this resolution in substantially the form now before the Board. DATED this 24th day of February, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Attachment 1 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 1 of 51 STATE OF COLORADO SUBAWARD AGREEMENT COVER PAGE State Agency Department of Transportation Agreement Number / PO Number 26-HTR-ZL-00114 / 491004098 Subrecipient Town of Estes Park Agreement Performance Beginning Date Effective Date or January 1, 2026, whichever is earlier Initial Agreement Expiration Date December 31, 2026 Subaward Agreement Amount Federal Funds-Administrative Maximum Amount (80%) Local Funds-Administrative Local Match Amount (20%) Federal Funds-Operating Maximum Amount (50%) Local Funds-Operating Local Match Amount (50%) Agreement Total $39,996.00 $9,999.00 $200,000.00 $200,000.00 $449,995.00 Fund Expenditure End Date December 31, 2026 Agreement Authority Authority to enter into this Agreement exists in CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701, 43-1-702 and 43-2-101(4)(c), appropriated and otherwise made available pursuant to the FAST ACT, MAP-21, SAFETEA_LU, 23 USC §104, 23 USC §149, 49 USC §5307(a)(2) and (3). Agreement Purpose In accordance with 49 USC §5311, the purpose of this Agreement is to provide capital, planning, and operating assistance to states to support public transportation in rural areas with populations less than 50,000, where many residents often rely on public transit to reach their destinations. The work to be completed under this Grant by the Grantee is more specifically described in Exhibit A. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1. Exhibit A – Statement of Work and Budget. 2. Exhibit B – Sample Option Letter. 3. Exhibit C – Federal Provisions. 4. Exhibit D – Required Federal Contract/Agreement Clauses. 5. Exhibit E – Verification of Payment. In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit C – Federal Provisions. 2. Exhibit D – Required Federal Contract/Agreement Clauses. 3. Colorado Special Provisions in §17 of the main body of this Agreement. 4. The provisions of the other sections of the main body of this Agreement. 5. Exhibit A – Statement of Work and Budget. 6. Executed Option Letters (if any). Principal Representatives For the State: Nicole Harty Division of Transit and Rail Colorado Dept. of Transportation 2829 W. Howard Place Denver, CO 80204 nicole.harty@state.co.us For Subrecipient: Dana Klein Town of Estes Park PO Box 1200 Estes Park, CO 80517-1200 dklein@estes.org Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Attachment 2 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 2 of 51 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. SUBRECIPIENT Town of Estes Park By:__________________________ Name:_____Gary Hall___________ Title:____Mayor (or Designee)____ Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By: ___________________________ Name: ________________________ Title: _________________________ Date: _________________________ Second Subrecipient Signature, If Needed Town of Estes Park By:___________________________ Name:____Dan Kramer__________ Title:_____Town Attorney________ Date: _________________________ Third Subrecipient Signature, If Needed – Town of Estes Park By:____________________________ Name:____Jackie Williamson______ Title:_____Town Clerk____________ Date: __________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Department of Transportation Effective Date:_____________________ Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 3 of 51 1. PARTIES This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the “Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this Agreement. 2. TERM AND EFFECTIVE DATE A. Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure End Date. B. Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C. Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement. D. End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. E. Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of Agreement by Subrecipient, which shall be governed by §12.A.i. i. Method and Content The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 4 of 51 ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject to the rights and obligations set forth in §12.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder. F. Subrecipient’s Termination Under Federal Requirements Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or suspended under §24- 109-105, C.R.S., at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D. “Budget” means the budget for the Work described in Exhibit A. E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24- 11-101(1), C.R.S. F. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S. G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered by Subrecipient. H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Agreement. I. “End of Term Extension” means the time period defined in §2.D. J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. K. “Extension Term” means the time period defined in §2.C. L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting fort h the Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 5 of 51 terms and conditions of the Federal Award. The term does not include payments to a Subrecipient or payments to an individual that is a beneficiary of a Federal program. M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. N. “FTA” means Federal Transit Administration. O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in connection with the Services. P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. R. “Initial Term” means the time period defined in §2.B. S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part of FTA’s standard terms and conditions governing the administration of a project supported with federal assistance awarded by FTA. T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match required to receive the Grant Funds and includes in-kind contribution. U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient. V. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. W. “Recipient” means the State agency shown on the Signature and Cover Pages of this Agreement, for the purposes of this Federal Award. X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall include any services to be rendered by Subrecipient in connection with the Goods. Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include but is not limited to PII and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 6 of 51 BB. “State Records” means any and all State data, information, and records regardless of physical form. CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement. DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work. “Subcontractor” also includes sub-recipients of Grant Funds. EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement, Contractor is a Subrecipient. FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A - 21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement. HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be construed and interpreted as defined in that section. 4. STATEMENT OF WORK AND BUDGET Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5. PAYMENTS TO SUBRECIPIENT A. Subaward Maximum Amount Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on the Cover Page of this Agreement as “Federal Funds Maximum Amount”. B. Payment Procedures i. Invoices and Payment a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A. b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Subrecipient and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables provided under this Agreement. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 7 of 51 ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest to be paid and the interest rate. iii. Payment Disputes If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Subrecipient and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non- State funds constitute all or some of the Grant Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.E. v. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Subrecipient’s o bligation to pay all or any part of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account. Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Subrecipient’s laws or policies. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 8 of 51 D. Reimbursement of Subrecipient Costs i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement, and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be reimbursed absent specific allowance of pre -award costs and indication that the Federal Award funding is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2) federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement. ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient provides notice to the State of the change, th e change does not modify the Subaward Maximum Amount or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does not modify any requirements of the Work. iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by Subrecipient that reduce the cost actually incurred). iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the State in the form and manner set forth and approved by the State. E. Close-Out Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables (including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Quarterly Reports In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B. Litigation Reporting If Subrecipient is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Subrecipient’s ability to perform it s obligations under this Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 9 of 51 Agreement, Subrecipient shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal Representative identified on the Cover Page for this Agreement. C. Performance and Final Status Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status of Subrecipient’s obligations hereunder. D. Violations Reporting Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. SUBRECIPIENT RECORDS A. Maintenance Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work and the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”). Subrecipient shall maintain such records for a period of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B. Inspection Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C. Monitoring The State, the federal government, and any other duly authorized agent of a governmental agency, in its discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work. D. Final Audit Report Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Subrecipient or a third party. Additionally, if Subrecipient is Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 10 of 51 required to perform a single audit under 2 CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION - STATE RECORDS A. Confidentiality Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Subrecipient shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Subrecipient shall provide for the security of all State Confidential Information in accordance with all applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any request or demand for State Records to the State’s Principal Representative identified on the Cover Page of the Agreement. B. Other Entity Access and Nondisclosure Agreements Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions if requested by the State. C. Use, Security, and Retention Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations only in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the State with access, subject to Subrecipient’s reasonable 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 Agreement, Subrecipient shall return State Records provided to Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State. If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information, Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned remediation in response to any negative findings. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 11 of 51 E. Data Protection and Handling Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient or any Subcontractors are protected and handled in accordance with the requirements of this Agreement, including the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work Product only apply to Work Product that requires confidential treatment. F. Safeguarding PII If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Subrecipient shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. B. Apparent Conflicts of Interest Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Subrecipient’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth the relevant details for the St ate’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict of interest shall exist if Subrecipient employs or contracts with any State employee, any former State employee within six months following such employee’s termination of employment with the State, or any immediate family member of such current or former State employee. Subrecipient shall provide a disclosure statement as described in §9.C. no later than ten days following entry into a contractual or employment relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law. 10. INSURANCE Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not prov ided through self-insurance shall be issued by insurance companies as approved by the State. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 12 of 51 A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Subrecipient or Subcontractor employees acting within the course and scope of their employment. B. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $1,000,000 general aggregate; iii. $1,000,000 products and completed operations aggregate; and iv. $50,000 any 1 fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. D. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Subrecipient and Subcontractors. E. Primacy of Coverage Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-insurance program carried by Subrecipient or the State. F. Cancellation All insurance policies shall include provisions preventing cancellation or non-renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and Subrecipient shall forward such notice to the State in accordance with §14 within seven days of Subrecipient’s receipt of such notice. G. Subrogation Waiver All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H. Public Entities If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. I. Certificates For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the Effective Date. Subrecipient shall provide to t he State certificates evidencing Subcontractor insurance coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract is not in effect as of the Effective Date, Subrecipient shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Subrecipient’s execution of Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 13 of 51 the subcontract. No later than 15 days before the expiration date of Subrecipient’s or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Subrecipient shall, within seven Business Days following the request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions of this section. 11. BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 12. REMEDIES A. State’s Remedies If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i. Termination for Breach of Agreement In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this Agreement to the extent not terminated, if any. a. Obligations and Rights To the extent specified in any termination notice, Subrecipient shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve property in the possession of Subrecipient but in which the State has an interest. At the State’s request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the time of any termination. Subrecipient shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.E. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 14 of 51 c. Damages and Withholding Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State for any damages sustained by the State in connection with any breach by Subrecipient, and the State may withhold payment to Subrecipient for the purpose o f mitigating the State’s damages until such time as the exact amount of damages due to the State from Subrecipient is determined. The State may withhold any amount that may be due Subrecipient as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Subrecipient’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Subrecipient to an adjustment in price or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Subrecipient after the suspension of performance. b. Withhold Payment Withhold payment to Subrecipient until Subrecipient corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Subrecipient’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient, following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13. DISPUTE RESOLUTION A. Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Subrecipient for resolution. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 15 of 51 B. Resolution of Controversies If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101- 301(30), C.R.S., for resolution following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1 through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Subrecipient pursues any further action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement. 14. NOTICES and REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient upon completion or termination hereof. B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Subrecipient Subrecipient retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this Agreement or Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 16 of 51 a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16. GENERAL PROVISIONS A. Assignment Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Subcontracts Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C. Binding Effect Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H. Digital Signatures If any signatory signs this Agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. I. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 17 of 51 approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N. Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish to have in place in connection with this Agreement. O. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. Q. CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R. Standard and Manner of Performance Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Subrecipient’s industry, trade, or profession. S. Licenses, Permits, and Other Authorizations i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 18 of 51 that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado, shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its sole expense, a certificate of authority to transact business in the State of Colorado and designate a registered agent in Colorado to accept service of process. T. Federal Provisions Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term of this Agreement. U. Indemnification i. General Indemnification Grantee 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 Grantee, or its employees, agents, Subcontractors, or assignees in connection with this Agreement. ii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Grantee in violation of §8 may be cause for legal action by third parties against Grantee, the State, or their respective agents. Grantee 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 Grantee, or its employees, agents, assigns, or Subcontractors in violation of §8. iii. Intellectual Property Indemnification Grantee 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 any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. iv. Accessibility Indemnification Grantee shall indemnify, save, and hold harmless 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 Part ies in relation to Grantee’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 OIT pursuant to Section §24-85-103 (2.5), C.R.S. V. Accessibility i. Grantee shall comply with and the Work Product provided under this Agreement 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. Grantee 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. ii. The State may require Grantee’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Grantee’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 OIT pursuant to Section §24-85-103 (2.5), C.R.S. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 19 of 51 17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3 -3) These Special Provisions apply to all agreements except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24 - 37.5-102(2.6), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR. Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to thi s Agreement. Subrecipient 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. Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless; requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109, C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 20 of 51 applicable licensing restrictions. Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions, Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Subrecipient is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Subrecipient’s services and Subrecipient shall not employ any person having such known interests. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Subrecipient, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre - employment screening of job applicants while this Agreement is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 21 of 51 L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 22 of 51 EXHIBIT A, STATEMENT OF WORK AND BUDGET Project Description* 2026-5311: Admin & Operating Federal Awarding Agency Federal Transit Administration (FTA) Year of Funding and Federal Funding Source FFY 2025 FTA-5311 CFDA Title Formula Grants for Rural Areas Program CFDA # 20.509 FAIN** To Be Determined Federal Award Date** To Be Determined CDOT Awarding Official Chief Engineer Address 2829 W. Howard Place Denver, CO 80204 Phone # (303) 757-9170 Subaward/Project Period of Performance and Budget Period Start Date The Effective Date or January 1, 2026 (whichever is earlier) Subaward/Project Period of Performance and Budget Period End Date December 31, 2026 Subrecipient Estes Park, Town of UEID # KNMKSMB6JNW5 Contact Name Dana Klein Vendor # 2000306 Address PO Box 1200 Estes Park, CO 80517-1200 Phone # (970) 577-3577 Email dklein@estes.org Indirect Rate NA Total Project Budget $449,995.00 Budget WBS*** ALI Federal Funds Local Funds Total Administrative 25-11-5045.ESTE.620 11.79.00 80% $39,996.00 20% $9,999.00 $49,995.00 Operating 25-11-4045.ESTE.600 30.09.01 50% $200,000.00 50% $200,000.00 $400,000.00 Total Project Amount Encumbered via this Subaward Agreement $449,995.00 *This is not a research and development grant. **The FAIN and/or Federal Award Date are not available at the time of execution of this Subaward Agreement. This information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be provided there to Town of Estes Park once obtained. ***The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion. A. Project Description Town of Estes Park shall use FTA-5311 funds, along with local matching funds, to maintain the existence of public transportation services through the following goals: 1. Enhance access to health care, education, employment, public services, recreation, social transactions, and other basic needs; 2. Assist in the maintenance, development, improvement and use of public transportation in their Transportation Planning Region (TPR); 3. Encourage and facilitate the most efficient use of all transportation funds used to provide passenger transportation in their TPR through the coordination of programs and services; and 4. Encourage mobility management, employment-related transportation alternatives, joint development practices, and transit-oriented development. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 23 of 51 This funding is provided to support the services described above for calendar year 2026 (January 1 – December 31). B. Performance Standards 1. Project Milestones Milestone Description Original Estimated Completion Date Submit Initial and Ongoing Reimbursement Request(s) in COTRAMS Monthly Submit 5311 Program Measure Report(s) in COTRAMS Quarterly Submit DBE Report(s) in COTRAMS Biannually Submit Final Reimbursement Request in COTRAMS 12/31/2026 IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request) must be completed no later than the End Date of this Subaward Agreement: December 31, 2026. 2. Performance will be monitored throughout the duration of this Subaward Agreement. Town of Estes Park shall report to the CDOT Project Manager whenever one or more of the following occurs: a. Budget or schedule changes; b. Scheduled milestone or completion dates are not met; c. Identification of problem areas and how the problems will be resolved; and/or d. Expected impacts and the efforts to recover from delays. 3. Performance will be measured based on: a. Completion of applicable 5311 Program Measure Reports in COTRAMS, and b. Completion of the annual National Transit Database (NTD) Report. 4. Town of Estes Park shall track and report on performance using the Program Measure Report in COTRAMS: a. Performance measures established for the FTA Section 5311 Program (Funds Expended, Fare Revenues, Sources of Expended Funds, Service Data, and Volunteer Resources) . 5. 5311 Program Measure Reports shall be submitted in COTRAMS by Town of Estes Park on or before the following due dates (as applicable to the Effective Date and date of closeout of this Subaward Agreement): a. Quarter 1 due April 28th; b. Quarter 2 due July 28th; c. Quarter 3 due October 28th; and d. Annual Report, including Quarter 4, due January 28th. 6. Town of Estes Park shall assist CDOT with Disadvantaged Business Enterprise (DBE) reporting to FTA by using the biannual FTA DBE Report in COTRAMS to report: a. Contracts awarded, payments made, and contracts completed between Town of Estes Park and prime contractors; and b. Contracts awarded, payments made, and contracts completed between Town of Estes Park’s prime contractors and their subcontractors. 7. DBE Program Measure Reports shall be submitted in COTRAMS by Town of Estes Park on or before the following due dates (as applicable to the Effective Date and date of closeout of this Subaward Agreement): a. Quarter 4 – Quarter 1 (for October 1 – March 31) due April 28th; and b. Quarter 2 – Quarter 3 (for April 1 – September 30) due October 28th. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 24 of 51 C. Project Budget 1. The Total Project Budget is $449,995.00. CDOT will pay no more than 80% of the eligible, actual administrative costs, up to the maximum amount of $39,996.00, and no more than 50% of the eligible, actual operating costs, up to the maximum amount of $200,000.00. CDOT will retain any remaining balance of the federal share of FTA-5311 Funds. Town of Estes Park shall be solely responsible for all costs incurred in the project in excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting purposes, the Federal Funds of $39,996.00 (80%) for administrative costs and $200,000.00 (50%) for operating costs, and matching Local Funds of $9,999.00 (20%) for administrative costs and $200,000.00 (50%) for operating costs, will be encumbered for this Subaward Agreement. 2. No refund or reduction of the amount of Town of Estes Park’s share to be provided will be allowed unless there is at the same time a refund or reduction of the federal share of a proportionate amount. 3. Town of Estes Park may use eligible federal funds for the Local Funds share, but those funds cannot be from other Federal Department of Transportation (DOT) programs. Town of Estes Park’s share, together with the Federal Funds share, shall be enough to ensure payment of Total Project Budget. 4. Per the terms of this Subaward Agreement, CDOT will have no obligation to provide state funds for use on this project. CDOT will administer Federal Funds for this Project under the terms of this Subaward Agreement, provided that the federal share of FTA funds to be administered by CDOT are made available and remain available. Town of Estes Park shall initiate and prosecute to completion all actions necessary to enable Town of Estes Park to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget. D. Allowable Costs 1. Town of Estes Park shall agree to adhere to the provisions for allowable and unallowable costs cited in the following regulations: 2 CFR 200.420 through 200.476; Chapter VI of FTA Circular 5010.1; Master Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other applicable requirements for cost allowability not cited previously shall also be considered. 2. Town of Estes Park’s operating expenses are those costs directly related to system operations. At a minimum, Town of Estes Park should consider the following items as operating expenses: fuel, oil, drivers and dispatcher salaries and fringe benefits, and licenses. 3. If Town of Estes Park elects to take administrative assistance, eligible costs may include but are not limited to: general administrative expenses (e.g., salaries of the project director, secretary, and bookkeeper); marketing expenses; insurance premiums or payments to a self-insurance reserve; office supplies; facilities and equipment rental; standard overhead rates; and the costs of administering drug and alcohol testing. Additionally, administrative costs for promoting and coordinating ridesharing are eligible as project administration if the activity is part of a coordinated public transportation program. E. Reimbursement Eligibility 1. Town of Estes Park shall submit invoice(s) on a monthly basis via COTRAMS. Reimbursement will apply only to eligible expenses that are incurred within the period of performance of this Subaward Agreement. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 25 of 51 2. Reimbursement requests shall be within the limits of Section D., Allowable Costs, of this Subaward Agreement. Town of Estes Park will be reimbursed based on the ratio of Federal Funds share and Local Funds share set forth in the Project Budget above. 3. Town of Estes Park shall submit the final request for reimbursement within forty-five (45) calendar days of December 31, 2026, and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of receipt of the final reimbursement payment from CDOT. F. Training In an effort to enhance transit safety, Town of Estes Park and any subrecipients and contractors shall make a good faith effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to date in appropriate certifications. In particular, Town of Estes Park shall ensure that driving personnel are provided professional training in defensive driving and training on the handling of mobility devices and transporting older adults and individuals with disabilities. G. Restrictions on Lobbying Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement. H. Special Conditions 1. Town of Estes Park shall comply with all requirements imposed by CDOT on Town of Estes Park so that the federal award is used in accordance with federal statutes, regulations, and the terms and conditions of the federal award. 2. Town of Estes Park shall permit CDOT and their auditors to have access to Town of Estes Park’s records and financial statements as necessary, with reasonable advance notice. 3. Town of Estes Park shall comply with the record retention requirements outlined in 2 CFR 200.334 and FTA Circular 5010.1. 4. Town of Estes Park shall not request reimbursement for costs on this project from more than one Federal Awarding Agency or other federal awards (i.e., no duplicate billing). 5. Town of Estes Park shall obtain prior CDOT approval, in writing, if FTA funds are intended to be used for payment of a lease or for third-party contracts. 6. Town of Estes Park shall advertise its service as available to the general public and shall not explicitly limit service by trip purpose or client type. 7. Town of Estes Park shall comply with FTA Drug and Alcohol Regulations, to include on time submission to FTA’s Drug and Alcohol Management Information System (DAMIS). 8. Town of Estes Park shall ensure subrecipients and/or contractors (if any) comply with FTA Drug and Alcohol Regulations. 9. Town of Estes Park shall comply with and accept all applicable terms and conditions contained in the U.S. Department of Transportation FTA Master Agreement dated November 26, 2025 (Master Agreement), or any amendments thereto. 10. Town of Estes Park shall ensure that it does not exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States on the ground Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 26 of 51 of race, color, national origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964. 11. Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by developing and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients” in CDOT’s Title VI Program Plan and FTA Circular 4702.1, “Title VI Requirements and Guidelines for FTA Recipients.” Town of Estes Park shall also facilitate FTA’s compliance with Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” 12. Town of Estes Park shall provide transportation services to persons with disabilities in accordance with the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq. 13. Town of Estes Park shall ensure that it does or will comply with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Estes Park shall require its subrecipients and/or contractors to provide a statement of written assurance that they will comply with Section 504 and not discriminate on the basis of disability. 14. Town of Estes Park shall develop and maintain an Americans with Disabilities Act (ADA) Program in accordance with 28 CFR Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients. 15. Town of Estes Park shall agree to maintain documentation that supports compliance with the ADA and produce said documentation to CDOT upon request. 16. Town of Estes Park shall adopt a Transit Asset Management Plan that complies with regulations implementing 49 U.S.C. § 5326(d). Town of Estes Park shall maintain and report annually to the National Transit Database (NTD) all required financial, service, and performance data. 17. Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR Part 26, and CDOT’s DBE program. 18. Town of Estes Park agrees that any incidental use (e.g. meal or package delivery) of any capital assets shall not reduce the quality or availability of its regular public transportation service. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 27 of 51 EXHIBIT B, SAMPLE OPTION LETTER State Agency Department of Transportation Option Letter Number Insert the Option Number (e.g. "1" for the first option) Subrecipient Insert Subrecipient's Full Legal Name, including "Inc.", "LLC", etc... Original Agreement Number Insert CMS number or Other Contract Number of the Original Contract Subaward Agreement Amount Federal Funds Option Agreement Number Insert CMS number or Other Contract Number of this Option Maximum Amount (%) $0.00 Local Funds Agreement Performance Beginning Date The later of the Effective Date or Month, Day, Year Local Match Amount (%) $0.00 Agreement Total $0.00 Current Agreement Expiration Date Month, Day, Year 1. OPTIONS: A. Option to extend for an Extension Term or End of Term Extension. 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert start date and ending on the current agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. 3. OPTION EFFECTIVE DATE: A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is later. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director By:_______________________ Name:________________________ Title:__________________________ Date: _________________________ In accordance with §24-30-202, C.R.S., this Option Letter is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:_____________________________________ __ Department of Transportation Option Letter Effective Date: __________________ Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 28 of 51 EXHIBIT C, FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients, including ensuring their subrecipients comply with federal statutes, Award Terms and Conditions, Treasury’s Final Rule, and reporting requirements, as applicable. 1.3. Additionally, any subrecipient that issues a subaward to another entity (2 nd tier subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and adhere to reporting requirements. 1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers. 2.1.2. “Entity” means: 2.1.2.1. a Non-Federal Entity; 2.1.2.2. a foreign public entity; 2.1.2.3. a foreign organization; 2.1.2.4. a non-profit organization; 2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or 2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.3. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the US Department of Treasury in “Appendix 1 of the Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds” report available at www.treasury.gov. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 29 of 51 2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 2.1.6. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. 2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.9.2. Is not organized primarily for profit; and 2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached . 2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a Contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program . For SLFRF Grants, a subrecipient relationship continues to exist for Expenditure Category 6.1 Revenue Replacement. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 30 of 51 2.1.15. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.15.1. Salary and bonus; 2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; 2.1.15.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.15.4. Change in present value of defined benefit and actuarial pension plans; 2.1.15.5. Above-market earnings on deferred compensation which is not tax- qualified; 2.1.15.6. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds $10,000. 2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109 -282), as amended by §6202 of Public Law 110-252. 2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards . The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 2.1.18. “Unique Entity ID Number” means the Unique Entity ID established by the federal government for a Grantee at https://sam.gov/content/home 3. COMPLIANCE. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 31 of 51 3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.2. Per US Treasury Final Award requirements, grantee programs or services must not include terms or conditions that undermine efforts to stop COVID -19 or discourage compliance with recommendations and CDC guidelines. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI) REQUIREMENTS. 4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually. 4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update Grantee’s information in SAM.gov at least annually. 5. TOTAL COMPENSATION. 5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Grantee received: 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement Agreements and Subcontractors and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. 5.1.2.3 The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 32 of 51 6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below $30,000, the Award shall continue to be subject to the reporting requirements. If the total award is below $30,000 no reporting required; if more than $30,000 and less than $50,000 then FFATA reporting is required; and, $50,000 and above SLFRF reporting is required. 7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED] 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non -Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all Agreements and p urchase orders for work or products under this award. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 33 of 51 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its Contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F -Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501- 7507). 2 CFR 200.501. 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in accordance with 2 CFR 200.507 (Program-specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program -specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program - specific audit. 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 34 of 51 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 (Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all Subcontractors entered into by it pursuant to this Grant. 12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements that meet the definition of “federally assisted construction Agreement” in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, Office of Federal Agreement Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis- Bacon Act, as amended (40 U.S.C. 3141-3148). 12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into an Agreement with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Agreements and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 35 of 51 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA). 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM , in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never Contract with the Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered Agreements, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursua nt to 2 CFR 200.216. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 36 of 51 12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part of this Agreement or agreement. 13. CERTIFICATIONS. 13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement with Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit to State Agency with signed grant agreement. 13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 -day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 37 of 51 15.2.1. By the Federal Awarding Agency or Pass -through Entity, if a Non- Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non-Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 38 of 51 EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or CDOT expressly consents in writing, the Subrecipient agrees that: (1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the Underlying Agreement, to any Third party Participant at any tier, or to any other person or entity that is not a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and (2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation or Third party Agreement at any tier that may affect the underlying Agreement, the Federal Government and CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity or person that is not a party (FTA, CDOT, or the Subrecipient) to the underlying Agreement. Section 4(f) – Program fraud and false or fraudulent statements and related acts False or Fraudulent Statements or Claims. (1) Civil Fraud. The Subrecipient acknowledges and agrees that: (a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31. (b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or representation that the Subrecipient provides to the Federal Government and CDOT. (c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes available any false, fictitious, or fraudulent information. (2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious, or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law. Section 9. Record Retention and Access to Sites of Performance. (a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party Participants to retain, complete and readily accessible records related in whole or in part to the underlying Agreement, including, but not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements, other third party agreements of any type, and supporting materials related to those records. (b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the applicable U.S. OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any Amendments thereto must be retained from the day the underlying Agreement was signed by the authorized FTA (or State) official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed. (c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each Subrecipient, if any, will agree to: (1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit records and information related to its Award, the accompanying Agreement, and any Amendments thereto to the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller General of the United States, and the Comptroller General’s duly authorized representatives, and to the Subrecipient and each of its Subrecipients, (2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any information related to its Award under the control of the Subrecipient or Third party Participant within books, records, accounts, or other locations, and (3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the applicable U.S. DOT Common Rules. (d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party Participants to permit, FTA and CDOT to have access to the sites of performance of its Award, the Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 39 of 51 accompanying Agreement, and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT Common Rules. (e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of the Master Agreement. 3(G) – Federal Changes Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or this Master Agreement. At the time the FTA Authorized Official (or CDOT) awards federal assistance to the Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified from time to time and will apply to the Subrecipient or the accompanying Agreement, except as FTA determines otherwise in writing. 12 – Civil Rights (c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third party Participant, will: (1) Prohibit discrimination on the basis of race, color, or national origin, (2) Comply with: (i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.; (ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21; and (iii) Federal transit law, specifically 49 U.S.C. § 5332; and (3) Follow: (i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance; (ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3; and (iii) All other applicable federal guidance that may be issued. (d) Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third Party Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin, and: (i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; (ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of the Master Agreement; (v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients;” and (vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements. (2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will: (i) Affirmative Action. Take affirmative action that includes, but is not limited to: (A) Recruitment advertising, recruitment, and employment; (B) Rates of pay and other forms of compensation; (C) Selection for training, including apprenticeship, and upgrading; and (D) Transfers, demotions, layoffs, and terminations; but (ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer,” and (3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60; and Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 40 of 51 (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; (vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609; (x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xi) Other applicable federal civil rights and nondiscrimination regulations and guidance. Incorporation of FTA Terms – 16.a. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 41 of 51 Energy Conservation – 26.j (a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply with the mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR part 622, subpart C. Applicable to Awards exceeding $10,000 Section 11. Right of the Federal Government to Terminate. (a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if: (1) The Subrecipient has failed to make reasonable progress implementing the Award; (2) The Federal Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award; or (3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger substantial performance of the Agreement. (b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal Government may recover the federal assistance it has provided for the Award, including the federal assistance for obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser amount, as the Federal Government may determine including obligations properly incurred before the termination date. (c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of performance established for the Award does not, by itself, constitute an expiration or termination of the Award; FTA may extend the period of performance to assure that each Formula Project or related activities and each Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems appropriate. Applicable to Awards exceeding $25,000 From Section 4. Ethics. (a) Debarment and Suspension. The Subrecipient agrees to the following: (1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 CFR part 1200. (2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and 1200.220) with any Third Party Participant that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions, except as authorized by- (i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200; (ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),” 2 CFR part 180; and (iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or suspended Subrecipients or Third Party Participants. (3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR part 1200. (4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and debarment provisions to all lower tier covered transactions. (5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or individual, the Subrecipient will provide immediate written notice to the: (i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the underlying Agreement, (ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 42 of 51 (iii) FTA Chief Counsel. Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note) Note: Applicable when tangible property or construction will be acquired Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j). Section 39. Disputes, Breaches, Defaults, and Litigation. (a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or disagreement involving the Award, the accompanying underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Subrecipient, including divisions tasked with law enforcement or investigatory functions. (c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the Agreement. Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its Award Budget for its Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence. (d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third party agreement, or any federal, state, or local law or regulation. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 43 of 51 Applicable to Awards exceeding $100,000 by Statute From Section 4. Ethics. a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will use federal assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a member of Congress, or officer or employee of Congress on matters that involve the underlying Agreement, including any extension or modification, according to the following: (1) Laws, Regulations, Requirements, and Guidance. This includes: (i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended; (ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with 31 U.S.C. § 1352, as amended; and (iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal assistance for any activity concerning legislation or appropriations designed to influence the U.S. Congress or a state legislature; and (2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official channels. Section 26. Environmental Protections – Clean Air and Clean Water (d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as amended, “Floodplain Management.” Applicable with the Transfer of Property or Persons Section 15. Preference for United States Products and Services. Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s U.S. domestic preference requirements and follow federal guidance, including: (a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j); (c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR part 381; and (d) Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 CFR §§ 301-10.131 – 301-10.143. Applicable to Construction Activities Section 24. Employee Protections. a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the underlying Agreement, including the: (1) Prevailing Wage Requirements of: (i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis-Bacon Related Act”); (ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and (iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety St andards Act),” 29 CFR part 5. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 44 of 51 (2) Wage and Hour Requirements of: (i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. (3) “Anti-Kickback” Prohibitions of: (i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874; (ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and (iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3. (4) Construction Site Safety of: (i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and (ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part 1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health Regulations for Construction,” 29 CFR part 1926. From Section 16 (n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided in federal regulations and guidance: (1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract performance bonds, and payment bonds. (2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance. From Section 23 (b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically, 49 CFR § 41.117. Section 12 Civil Rights D(3) Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), with: (i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR chapter 60, and (ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. Applicable to Nonconstruction Activities From Section 24. Employee Protections (b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Prov isions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5. Applicable to Transit Operations a. Public Transportation Employee Protective Arrangements. As a condition of award of federal assistance appropriated or made available for FTA programs involving public transportation operations, the Subrecipient agrees to comply and assures that each Third Party Participant will comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 45 of 51 (1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto involve public transportation operations and are supported with federal assistance appropriated or made available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b), or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal Government, U.S. DOL must provide a certification of employee protective arrangements before FTA may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by U.S. DOL is a condition of the underlying Agreement and that the Subrecipient must comply with its terms and conditions. (2) Special Warranty. When its Agreement involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and the Subrecipient must comply with its terms and conditions. (3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The Subrecipient agrees, and assures that any Third Party Participant providing public transportation operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317, FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. § 5333(b) to any Subagreement participating in the program to provide public transportation for seniors (elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate. Section 28. Charter Service. (a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g), and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal Charter Service regulations, federal requirements, or federal guidance. (b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA has established the following additional exceptions to those restrictions: (1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316 in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal assistance for FTA program purposes only, and (2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom- type Project or related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for program purposes only. (c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures and remedies, including withholding an amount of federal assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604, appendix D, or barring it or the Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or 23 U.S.C. § 142. Section 29. School Bus Operations. (a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its Award will engage in school bus operations exclusively for the transportation of students or school personnel in competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or (g), FTA regulations, “School Bus Operations,” 49 CFR part 605, and any other applicable federal “School Bus Operations” laws, regulations, federal requirements, or applicable federal guidance. (b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation of FTA’s School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant from receiving federal transit assistance. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 46 of 51 From Section 35 Substance Abuse c. Alcohol Misuse and Prohibited Drug Use. (1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply with: (i) Federal transit laws, specifically 49 U.S.C. § 5331; (ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR part 655; and (iii) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR part 40. (2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive. Applicable to Planning, Research, Development, and Documentation Projects Section 17. Patent Rights. a. General. The Subrecipient agrees that: (1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the Subrecipient or Third Party Participant produces a patented or patentable invention, improvement, or discovery; (2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to practice with federal assistance provided through the underlying Agreement; or (3) When a patent is issued or patented information becomes available as described in the preceding section 17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and provide a detailed report satisfactory to FTA. b. Federal Rights. The Subrecipient agrees that: (1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally assisted invention, improvement, or discovery will be determined as provided in applicable federal laws, regulations, requirements, and guidance, including any waiver thereof, and (2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any Third Party Participant as a large business, small business, state government, state instrumentality, local government, Indian tribe, nonprofit organization, institution of higher education, or individual, the Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR part 401. c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with applicable federal requirements. Section 18. Rights in Data and Copyrights. (a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the underlying Agreement. (b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance of the Agreement: (1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any manner or form, or permit others to do so. (2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal use, an institution of higher learning, the portion of subject data that the Federal Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 47 of 51 Government has previously released or approved for release to the public, or the portion of data that has the Federal Government’s prior written consent for release. (c) Federal Rights in Data and Copyrights. The Subrecipient agrees that: (1) General. It must provide a license to its “subject data” to the Federal Government that is royalty- free, non-exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject data provided those actions are taken for Federal Government purposes, and (2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non-exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan, resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient herein acknowledges that the above copyright license grant is first in time to any and all other grants of a copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over any other claim of exclusive copyright to the same. (d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance, and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research, development, demonstration, deployment, technical assistance, or special studies program is to increase transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third Party Participants. Therefore, the Subrecipient agrees that: (1) Publicly Available Report. When an Award providing federal assistance for any of the programs described above is completed, it must provide a report of the Agreement that FTA may publish or make available for publication on the Internet. (2) Other Reports. It must provide other reports related to the Award that FTA may request. (3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal Government determines otherwise in writing. (4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary information submitted to FTA. (5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal assistance for the Award becomes “subject data” and must be delivered as the Federal Government may direct. (6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or program that is both for the Subrecipient’s use and acquired with FTA capital program assistance. (e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees that license fees and royalties for patents, patent applications, and inventions produced with federal assistance provided through the Agreement are program income and must be used in compliance with federal applicable requirements. (f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify, save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers, employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused by the wrongful acts of federal officers, employees or agents, or if i ndemnification is prohibited or limited by applicable state law. (g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23)) pertaining to rights in data either implies a license to the Federal Government under any patent, or may be construed to affect the scope of any license or other right otherwise granted to the Federal Government under any patent. (h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section generally does not apply to data developed without federal assistance, even though that data may have been used in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect data developed without Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 48 of 51 federal assistance from unauthorized disclosure unless that data is clearly marked “Proprietary,” or “Confidential.” (i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be required to release data and information the Subrecipient submits to the Federal Government as required under: (1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552, (2) The U.S. DOT Common Rules, (3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID (ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required publications and associated digital data sets as such terms are defined in the DOT Public Access plan. Additional information about how to comply with the requirements can be found at: http://ntl.bts.gov/publicaccess/howtocomply.html, or (4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the Award, the accompanying Agreement, and any Amendments thereto. Miscellaneous Special Requirements From Section 12. Civil Rights. (e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by soci ally and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows: (1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with: (i) Section 11101(e) of IIJA; (ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 CFR part 26; and (iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement. (2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26. (3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that: (i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA- assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR part 26; and (ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third party contract, and notify FTA that this information has been attached to FTA’s electronic award management system. The Subrecipient must also submit additional notifications if options are exercised in subsequent years to ensure that the TVM is still in good standing. (4) Assurance. As required by 49 CFR § 26.13(a): (i) Recipient Assurance. The Subrecipient agrees and assures that: (A) It must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program or the requirements of 49 CFR part 26; (B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted contracts; (C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated by reference and made part of the Underlying Agreement; and (D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry out its terms shall be treated as a violation of this Master Agreement. (ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient agrees and assures that it will include the following assurance in each subagreement and third party contract it signs with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its Subrecipients, Third Party Contractors, and Third Party Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 49 of 51 Subcontractors to include the following assurance in every subagreement and third party contract it signs: (A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not discriminate on the basis of race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 CFR part 26; (B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of U.S. DOT-assisted subagreements, third party contracts, and third party subcontracts, as applicable; (C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their subagreement, third party contract, or third party subcontract, as applicable; and (D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages; and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from future bidding as non-responsible. (5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S. DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate cases, refer the matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq. From Section 12. Civil Rights. (h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal prohibitions against discrimination on the basis of disability: (1) Federal laws, including: (i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally assisted Programs, Projects, or activities; (ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities: (A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but (B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply because it exempts Indian Tribes from the definition of “employer;” (iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities; (iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination; and (v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or individuals with disabilities. (2) Federal regulations and guidance, including: (i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37; (ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27; (iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38; (iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49 CFR part 39; (v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR part 35; (vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR part 36; Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 50 of 51 (vii)U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR part 1630; (viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F; (ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36 CFR part 1194; (x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609, (xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and (xii) Other applicable federal civil rights and nondiscrimination regulations and guidance. Section 16. Procurement. (a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees: (1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and requirements in effect now or later that affect its third party procurements; (2) To comply with the applicable U.S. DOT Common Rules; and (3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. State Requirements Section 37. Special Notification Requirements for States. (a) Types of Information. To the extent required under federal law, the State, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: (1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and (3) The amount of federal assistance FTA has provided for a State Program or Project. (b) Documents. The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 Contract Number: 26-HTR-ZL-00114 / PO: 491004098 Page 51 of 51 EXHIBIT E, VERIFICATION OF PAYMENT This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist is provided as guidance and is subject to change by State. State shall provide notice of any such changes to Subrecipient. All items may not apply t o your particular entity. State’s goal is to reimburse Subrecipients as quickly as possible and a well organized and complete billing packet helps to expedite payment. Verification of Payment – ✓ General Ledger Report must have the following:  Identify check number or EFT number;  If no check number is available, submit Accounts Payable Distribution report with the General Ledger;  In-Kind (must be pre-approved by State) and/or cash match;  Date of the report;  Accounting period;  Current period transactions; and  Account coding for all incurred expenditures. ✓ If no General Ledger Report, all of the following are acceptable:  copies of checks;  check registers; and  paycheck stub showing payment number, the amount paid, the check number or electronic funds transfer (EFT), and the date paid. ✓ State needs to ensure that expenditures incurred by the local agencies have been paid by Party before State is invoiced by Party. ✓ Payment amounts should match the amount requested on the reimbursement. Additional explanation and documentation is required for any variances. In-Kind or Cash Match – If an entity wishes to use these types of match, they must be approved by State prior to any Work taking place. ✓ If in-kind or cash match is being used for the Local Match, the in -kind or cash match portion of the project must be included in the project application and the statement of work attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind or cash match, but State does. ✓ General ledger must also show the in-kind and/or cash match. Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State prior to applying it to the reimbursements. ✓ If indirect costs are being requested, an approved indirect letter from State or your cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The letter must state what indirect costs are allowed, the approved rate and the time period for the approval. The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and approved prior to including these costs in the reimbursements. ✓ Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR §200. 19, that verifies fringe benefit, or ✓ Submit the following fringe benefit rate proposal package to State Audit Division:  Copy of Financial Statement;  Personnel Cost Worksheet;  State of Employee Benefits; and  Cost Policy Statement. Docusign Envelope ID: 4268C126-9137-404C-AEB5-7623006A75C5 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Suzanna Simpson, Management Analyst Department: Town Administrator’s Office Date: February 24, 2026 Subject: Estes Nonprofit Network Base Funding Report Objective: The Estes Nonprofit Network received $25,000 in Base Funding for the 2025 funding year. Per Policy 671, the organization is required to present to the Town Board on how they used Town funds to benefit the community and/or advance the Town’s Strategic Plan for the funding year. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Suzanna Simpson, Management Analyst Department: Town Administrator’s Office Date: February 24, 2026 Subject: Update from 2025 Senior Roundtable Objective: Based on recommendations from the Senior Needs Analysis presented to the Town Board in February, 2025, staff worked with the Estes Nonprofit Network to host a Senior Roundtable, which took place in November, 2025. The goal of the roundtable was to bring together partners serving the senior community in Estes Park. Director Kraft of the Estes Nonprofit Network facilitated the roundtable and will present to the Town Board on the results and next steps from the conversation. Senior Services Roundtable: Key Insights Findings and recommendations from collaborative conversations with Estes Park organizations serving our senior community CONTEXT W hy This Matters 40% of Estes Park residents are 65 or older—significantly higher than Colorado's 16% and neighboring communities *Information pulled from Management Analyst Simpson 2025 White Paper on Estes Park Senior Needs In October 2025, we convened stakeholders from organizations ser ving seniors to identify gaps, understand capacity, and char t a path forward. The conversation revealed not a lack of effort, but real strain on resources and coordination as demand grows. Four Core Questions Guided Our Conversation Cracks in the System Where are seniors falling through gaps in ser vice delivery? Programs & Services What suppor t is already being provided across our community? Organizational Needs What do ser vice providers need to sustain and expand their work? Where We're Stuck What persistent barriers prevent progress despite best efforts? Gaps Identified: Where Seniors Need More Support Social Isolation Care Access Gaps Workforce Shortages Transport Barriers Housing & Respite Existing Services: A Foundation Under Strain Meals & Nutrition Daily meal programs, home delivery, and congregate dining ser ving thousands annually Medical & Wellness Health screenings, fitness programs, and preventative care coordination Transportation Volunteer-driven rides to appointments, shopping, and front range medical facilities Caregiving & Respite In-home support, chore ser vices, and planning for specialized dementia care Social Connection Daily activities, classes, games, and programming that combat isolation Financial Assistance Counseling, Medicare guidance, and connection to benefit programs Organizations deliver comprehensive ser vices, but capacity and sustainability remain critical concerns as demand increases. W hat Organizations Need to Keep Ser ving 1 2 34 Stable, Diversif ied Funding Reduce reliance on single sources and grant cycles to ensure continuity of programs Volunteers & Board Members Expand volunteer pools to meet growing service demand across all programs Facility Support Space for programming, storage, and expansion as ser vices grow Community Engagement Broader awareness of ser vices and how residents can support the work NEXT STEPS Recommended Town Actions Support Base Funding Provide stable annual suppor t for organizations ser ving seniors, ensuring program continuity and capacity Centralize Resources Create accessible hub—digital and print—connecting seniors to ser vices, programs, and suppor t Strengthen Communication Schedule regular Town Board updates from ser vice organizations and host Mayor/Trustee chats at the Senior Center Facilitate Coordination Convene annual roundtables bringing providers together to align efforts, identify gaps, and share best practices The Town's role is not to replicate existing services, but to suppor t, coordinate, and amplify the vital work already underway— ensuring Estes Park remains a community where all residents can age with dignity and connection. The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Department: Town Clerk Date: February 24, 2026 Subject: Resolution 17-26 New Hotel & Restaurant Liquor License Filed by BYS Brothers LLC dba Prospect Bistro, 205 and 207 Park Lane, Estes Park, CO 80517 Type: Resolution, Quasi-Judicial Objective: Approval of a new Hotel & Restaurant liquor license located at 205 and 207 Park Lane, Estes Park, Colorado. Application filed by BYS Brothers LLC dba Prospect Bistro. Present Situation: An application for a new concurrent Hotel & Restaurant liquor license was received by the Town Clerk’s office on December 8, 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 previously completed the training as they are one of the owners of the Antlers Restaurant. The current locations both have liquor licenses that have lost possession of the property, and therefore, are not renewable in 2026. 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 licensees have requested the license to serve alcohol at the restaurant. 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/Resource 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 Motions: I approve/deny Resolution 17-26. Attachments: 1. Procedures for Hearing 2. Resolution 17-26 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 BYS Brothers LLC dba Prospect Bistro, for a new Hotel & Restaurant Liquor License located at 205 and 207 Park Lane, Estes Park, Colorado. At this hearing, the Liquor Licensing Authority shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2.TOWN CLERK. Will present the application and confirm the following:  The application was filed December 8, 2025.  At a meeting of the Board of Trustees on February 10, 2026, the public hearing was set for 7:00 p.m. on Tuesday, February 24, 2026.  The neighborhood boundaries for the purpose of this application and hearing were established to be 3.15 miles.  The Town has received all necessary fees and hearing costs.  The applicant is filing as a Limited Liability Corporation.  The property is zoned CD – Commercial Downtown which allows this type of business as a permitted use.  The notice of hearing was published on February 13, 2026. Attachment 1  The premises was posted on February 13, 2026.  There is a police report with regard to the investigation of the applicant.  Status of T.I.P.S. Training: Unscheduled Scheduled * X Completed (Previously)  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 or Town Clerk Office 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 XX-26 be approved/denied for a new Hotel & Restaurant liquor license for the BYS Brothers LLC dba Prospect Bistro, 205 and 207 Park Lane, Estes Park, Colorado. RESOLUTION 17-26 A RESOLUTION PERMITTING A NEW HOTEL & RESTAURANT LIQUOR LICENSE FOR BYS BROTHERS LLC DBA PROSPECT BISTRO 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 February 24, 2026 for a new Hotel & Restaurant Liquor License, filed by BYS Brothers LLC dba Prospect Bistro, 205 and 207 Park Lane, Estes Park, Colorado; and WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and all other reasonable restrictions that are or may be placed upon the neighborhood by the local licensing authority; and WHEREAS, the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The new Hotel & Restaurant Liquor License, filed by BYS Brothers LLC dba Prospect Bistro, 205 and 207 Park Lane, Estes Park, Colorado be approved. DATED this 24th day of February, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 2 DR 8404 (05/29/25) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division PO BOX 17087 Denver CO 80217-0087 ^ _ , _ __ _, ^ .._.____ n _x_ .1 i • * ••._..( 3o3) 2o5"23oo Colorado Liquor Retail License Application Note that the Division will not accept cash [3 Paid by Check Date Uploaded to Movelt II Paid Online •-Ah II New License F^ New-Concurrent II Transfer of Ownership II 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 II Individual [><H Limited Liability Company II Association or Other Corporation || Partnership (includes Limited Liability and Spouse or Partner in a Civil Union Applicant Name If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporationWs ^^ ^= EIN Number state Sales Tax Number Trade Name of Establishment (DBA)Business Telephone 5^00-1- <QI<^YO j^^z-<ms Address'of Premises (specify exact location of premises, include suite/unit numbers) lQ5^T-^-iY- Lo^e. City County State ZIP Code t'>)^ YO-^K L.0^ ( p(^<u v Co ^o5.J 7- Mailing Address (Number and Street) W ?^ko^ dv^ City or Town (State ZIP Code e^fj) f^ic /&(?OS^ Email Address pro^ ^e^^Q]^\^ §°^c^ \\ .CO r^i If the premises currently has a liquor or beer license, you must answer the following questions. Present Trade Name of Establishment (DBA) SCOLSO-C^ ^^) - <2°5 ^c,v1c^^ Present State License Number Present Class of License Present Expiration Date 03>- 0^^5 ^t ^/2Q/20Z^ SCWn,T-^ 4-ec, -y^r. ^ Cc.^ - ^0?- o3- l^52.T- ^w^^^ PG^I<- L^- 03/^/202C Page 1 of 16 Attachment 3 Section A Nonrefundable application fees'" 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).............................................................................................................................$308.75 Arts License (County)........................................................................................................................$308.75 II Beer and Wine License (City).............................................................................................................$351.25 Beer and Wine License (County)........................................................................................................$436.25 Brew Pub License (City)...................................................................................................................$750.00 II 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 Club License (County).......................................................................................................................$308.75 m Distillery Pub License (City)...............................................................................................................$750.00 Distillery Pub License (County)...........................................................................................................$750.00 II Entertainment Facility License (City)...................................................................................................$500.00 Entertainment Facility License (County)...............................................................................................$500.00 Hotel and Restaurant License (City)....................................................................................................$500.00 Hotel and Restaurant License (County)...............................................................................................$500.00 Hotel and Restaurant License with one optional premises (City).............................................................$600.00 Hotel and Restaurant License with one optional premises (County)....................................................... .$600.00 Q Liquor-Licensed Drugstore (City)........................................................................................................$227.50 Liquor-Licensed Drugstore (County)...................................................................................................$312.50 Lodging Facility License (City)............................................................................................................$500.00 Lodging Facility License (County).......................................................................................................$500.00 OR 8404 (05/29/25) Page 2 of 16 Section B Liquor License Fees* (Continued) j Manager Registration -H & R..............................................................................................................$30.00 Manager Registration - Tavern.............................................................................................................$30.00 I 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)....................................................................................................................$500.00 II Racetrack License (County)...............................................................................................................$500.00 Resort Complex License (City)...........................................................................................................$500.00 Resort Complex License (County).......................................................................................................$500.00 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 II Retail Gaming Tavern License (City)........................................................................'.......................... .$500.00 II Retail Gaming Tavern License (County)...............................................................................................$500.00 II Retail Liquor Store License - Additional (City).......................................................................................$227.50 Retail Liquor Store License-Additional (County)..................................................................................$312.50 Retail Liquor Store (City)....................................................................................................................$227.50 II Retail Liquor Store (County)...............................................................................................................$312.50 II Tavern License (City).........................................................................................................................$500.00 II Tavern License (County)....................................................................................................................$500.00 Vintners Restaurant License (City)......................................................................................................$750.00 II Vintners Restaurant License (County).................................................................................................$750.00 Questions? Visit: SBG.Colorado.gov/Liquorior more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total DR 8404 (05/29/25) Page 3 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 II Applicant/Licensee identified State sales tax license number listed or applied for at time of application License type or other transaction identified II 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 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) 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 Lease in the name of the applicant (or) (matching Applicant Name provided on page 1) II 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 (05/29/25) Page 4 of 16 IV. Background information (DR 8404-1) and financial documents Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers, directors, partners, members) II 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.coSoradoiingerprinting.com/cabs/ Phone: 720-292-2722 833-224-2227 (toll free) State Liquor Code for Colorado Fingerprinting: C030LIQI II 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/Spouse or partners in a civil union (if applicable) Form DR 4679 Lawful Presence Affidavit II Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) Certificate of Incorporation Certificate of Good Standing 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) Copy of articles of organization II Certificate of Good Standing II Copy of Operating Agreement (if applicable) II 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 D $30.00 fee II If owner is managing, no fee required DR 8404 (05/29/25) Page 5 of 16 1. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a _ ^ corporation) or managers under the age of twenty-one years?................................ 0 Yes ~? No 2. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license?................................... 0 Yes 0 No b. Had an alcohol beverage license suspended or revoked?........... 0 Yes <^) No c. Had interest in another entity that had an alcohol beverage license suspended or revoked?................................................................... 0 Yes ($) 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 ^D 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 principal doorway of the Licensed LLDS/RLS.......................................................... 0 Yes Q9 No DR 8404 (05/29/25) Page 6 of 16 i9. 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. L.^<t£funLastName First Name I/ io^^C-T TNJ|J LL^ ^pc^^^P < ^-0^< Date of Birth (MM/DD/YY)FEIN.ysH3umSsT Interest/Percentage ast Name "\rst Name Date of Birth (MM/DD/YY):EINorSSN Number nterest/Percentage Last Name =irst Name Date of Birth (MM/DD/YY)=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)w^ 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 L L D S premise?.......................................... If "yes" a copy of license must be attached. 0 Yes No DR 8404 (05/29/25)Page 8 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 (j^ 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 said business including any loans to or from a licensee........../)n^.kl^....'TC<y..t/r'»......6)3..'^..^20^- Yes 0 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?......... 0 Yes 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 YQ5pec4 1^ .^LC II ^VS f?!^^^ JL^\\iZ-3^^ b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question on page 9............................................... -^R 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 (05/29/25) Page 7 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 Q-No 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?........................ ^ Yes U ? A 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 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 © No 14. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education?............................................. Q Yes ©-No b. Is the applicant a person who contracts with the institution of higher education to provide food services?..................................................................... 0 Y6s 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 j^k^J^^jL- irst Name of Manager jc^y 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.................0.2>.:?. ^.2-.^.Z()................... 0 Yes 0 No Mame Wi< type of License IC7^ J>1 c\- i."rv;^ Account Number 1 U3 ,-.'•}-^^- '2..^^0 DR 8404 (05/29/25) page 9 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 Q> 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:........... Q Yes © 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 Qf 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 ^ 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.?......... 0 Yes Q$ No DR 8404 (05/29/25) page 10 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. Mame /, 1?n\Y 1?Lck^cX/ ate of Birth (MM/DD/YY) Street Address 1L'3 l^o^ ^ City State ZIP Code Position % Owned Q>^)G. 11 Sb^7 0^-^e^^D/ Name Date of Birth (MM/DD/YY) Street Address 3ity state 71P Code 3osition '/o Owned Mame 3ate of Birth (MM/DD/YY) Street Address 3ity State :IP Code =>osition /o Owned Mame Date of Birth (MM/DDA/Y) Street Address 3ity State :IP Code 3osition )/o Owned Mame Date of Birth (MM/DD/YY) Street Address 3ity State 71P Code :>osition '/o Owned DR 8404 (05/29/25)Page 11 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 fora Two-YearRenewal................................................................... 0 Yes Q 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 iJ(<y authorized Signature ^ e+^<O^r^^ ate (MM/DD/YY) tZ/^/2025 DR 8404 (05/29/25)Page 12 of 16 Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot belessthanr^N^-^30 days from date of application) For TransferApplications 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 I y I 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 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?............................................................................ U Yes (^9 No 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?............................................................................ U Yes 09 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. II 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 priortwelve (12) month period?............................................................................ U Yes (J 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. DR 8404 (05/29/25) Page 13 of 16 Report and Approval of Local Licensing Authority (Continued) Local Licensing Authority approves the Temporary Permit...............................................0 Yes 0 No Approval Date of the Temporary Permit Expiration Date of the Temporary Permit lf the temporary permit expires or an extension is required, the state liquor licensing authority should be notified of the status of the temporary permit. lf the temporary permit information is not filled out for the transfer of ownership, the Transfer Application will not be accepted and processed. Local Licensing Authority Approves this license for a two-year renewal........................ 0 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 0^ €-€=>-^^S»ci~b>-<sv^*-m( 1^/r^City Q County Printed Name ntie Signature Date (MM/DD/YY) Printed Name Htle Signature Date (MM/DD/YY) DR 8404 (05/29/25)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 I,T;)ay 1?L<4-u^^ am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter Waiver") on behalf of the "Applicant/Licensee") GV^ T?^w LLC 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) t,\c.-f n<^-u^^L Social Security Number/Tax Identification Number Home Phone Number Bu^iness/Work Phone Number Zo-^ff)Z-^7J^ Street Address u r3^ l^ov^ J V- r City State ZIP Code fa^c LO s^^ Printed name of person signing on behalf of the Applicant/Licensee Applicant/Licensee's Signature (Signature authorizing the disclosure of confidential tax information) Date Signed^ IZ/^/Z^5 Privacy Act Statement 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 PA T I O 47 0 5 F 20 7 P A R K L A N E RE I W A B L E A R E A 1/ 0 4 1 S F N U S E A R E A AC C E S S O N L Y 6 V EN T R Y SI D E W A L K 20 5 P A R K L A N E RE W A B L E A R E A 1, 8 2 9 S F lo c u i L^ w v 5r h r c lc T C h A X Z L 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 1?>5+vo Home'Phone Mumber Dellular Number Zq) ^ -8^3 Your Full Name (last, first, middle) T?^e4^^. <i?»^y List any other names you have used Mailing address (if different from residence) 3U 1?^v^ ^/ p^k/)pa^^, LO-- ^o^? Email Address m^ec4 (1,5^ ^ y^i).Co^ 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 1?'^ko^ ^ • _I |estep^vl^, co ,^007- rom: L/ To: J.O/oV ^02^fVe/)€n^- From: L Previous Street and Number Previous City, State, ZIP 0 G l^rrcl-N CAVC || 6^^ From: To: 0 G l^rrcl-N CAVC e^^v^. c.0 ^007. 0°)/0l/ '2o^^fo^/'2oz^ Page 1 of 6 c? c G v\^ r^(^ s 0 9^ rJ c 1 J Q <^ 0 9—a^<^ t s s b y s r QQ A a- f& r< i vP\^r ""r i r- iy0-0 I-> s^iT 0~ 0 t 0^ 0v> 000^^^ K^ r j'^ p c5 s T s0 c JT0-ft 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 Ta\^.Y/\ Address (Street, Number, City, State, ZIP) L1S ^ Fllckx^ov^ , c^^^/K, Cp.-yos^T-. Position Held 0<^^e~/ / ^\C^ f^j>\c^> From:^/To: 0}.foL/ 2-02^^V)c-i t Name of Employer or Business ppvs^ C^)(7V<^ Ss (Street, Number, City, State,Address (Street, Number, City, State, ZIP) lov^v-^v^- ,UP, ^0$'l7 C^$. ^ Y<(./\ ^+-^ Ql</<0 Position Held r^v/^ac^. . From:To: 2o7^ /IO/OL <2<yzcf /o$/ot-/ Name of Employer or Business QJ^^ -^ eL CQV ^ Address (Street, Number, City, State, ZIP) Q^ PC^IC, (JO Position Held c^V&^e^y S^v'ct_ From:To: o°)/}5 (wl-^{J--1/J-0/ ZQ-IL\ 3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. s>Jame of Relative 0^ (^lc+iA-xA elationship to You: gYDft\^ Position Held f\^f\^{^ Jarne of Licensee ftf\{k^> ^v^r\ 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) Name of Relative relationship to You: losition Held ^ame of Licensee sjame 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.) T VvoU \'<}M^ \>\f\sc ^ ^^^^ To^e^n L^C." 03-^20 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?......,.........................................................,...... ^ 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 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. Security Number Place of Birth U.S. Citizen 0 Yes (^ No f Naturalized, state where Nhen Mame of District Court Naturalization Certificate Number Date of Certification fan Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number Height S/o) Ateight v\^\^ Hair Color CLO|C Eye Color b(ad(^ Sender AMc Do you have a current Driver's License/ID? If so, give number and state. ber Driver's License State Yes 0 No CO Financial Information 9. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.d 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.^ cTVD/, 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 C^cclc^Ca^ Bank Name Amount ^ Civ a\^ G^n^-C^cru"^ Type: Cash, Services or Equipment Account Type Cc^^Q^V^ Bank Name Amount cLase Z^.^o Type: Cash, Services or Equipment \ccount Type Bank Name Vnount Fype: Cash, Services or Equipment \ccount Type 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) Type: Cash, Services or Equipment A/M oans \ccoyntjype^ Bank Name Vnount Type: Cash, Services or Equipment -cans 'Kccount Type Bank Name \mount Type: Cash, Services or Equipment -oans \ccqynt Type Bank Name amount 13. Loan Information (Attach copies of all notes or loans) Name of Lender Address A Term security \mount DR 8404-1 (12/05/24)Page 5 of 6 Personal and Financial Information (Continued) Name of Lender^ w \ ddress Term Security \mount Jame of Lender address Term Security &jnount Mame of Lender address 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. 6;^ y Title 0^'^v/ sJL ate (MM/DD/YY) iZ^/W5 OR 8404-1 (12/05/24)Page 6 of 6 TO^N OF ESTES PARI^ February 2, 2026 Jackie Williamson, Town Clerk Town ofEstes Park EstesPark,C080517 RE: BYS Brothers LLC dba Prospect Bistro Bhetuwal, Bijay Dear Ms. Williamson: A check of the Estes Park Police Department local records on the above business and individual 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 individual listed dating back to 2022. Sincerely, ^ .J^M/^^7^/ 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 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees Through: Town Administrator Machalek From: Dana Klein, CPP, CCTM, Parking & Transit Manager David Greear, PE, Public Works Director Department: Public Works Date: February 24, 2026 Subject: Federal Transit Administration Title VI Program Plan Type: Action Objective: Adopt a Title VI Program Plan for the purpose of obtaining any and all federal grants, loans, contracts, property, discounts or other federal financial assistance extended to the Town of Estes Park by directly the Department of Transportation under the Federal Transit Administration (FTA) or passed through the Colorado Department of Transportation (CDOT). Present Situation: The Town of Estes Park is currently the beneficiary of FTA funds passed through CDOT and of State of Colorado Senate Bill 267 funding. As a condition of acceptance for these grant funds, the Town is required to adopt a Title VI Program Plan (Plan) covering nondiscrimination of race, color, and national origin, and persons with Limited English Proficiency (LEP) while considering environmental and social justice. The Town’s current Plan was filed with CDOT and Region 8 FTA in 2023 for the triennial period of April 1, 2023 to March 31, 2026. Proposal: The Plan was revised and updated by an interdepartmental staff team consisting of representatives from Public Works and Finance. The Plan provides that the Town will not discriminate in the level and quality of transportation and transit related services, establishes a formal complaint process, and discusses public outreach efforts (as required Title VI assurances). LEP provisions are also detailed in the updated Plan and it designates the Parking and Transit Manager as the Town’s Title VI coordinator. Advantages: • Demonstrates compliance with federal and state transit regulations. • Clearly expresses the Town’s commitment to providing quality transportation and transit-related services and benefits regardless of race, color, or national origin. • Clearly identifies the primary contact for Title VI complaints and issues. Disadvantages: • Failure to adopt the Plan would disqualify the Town from utilizing existing FTA and CDOT grants, which are currently funding a number of Town transportation projects, and would disallow the Town from applying for future FTA funding. Action Recommended: Staff recommends adoption of this plan to ensure that the Town of Estes Park remains eligible to receive and utilize FTA and CDOT grant funding. Finance/Resource Impact: Current Impact: The Parking and Transit Division managed well over $500,000 in FTA- funded projects in 2025. Approval of the Title VI Plan would allow these projects to keep moving forward as planned and keep the Town in good standing with CDOT and the FTA. Failure to adopt this Plan would result in project delay or cancellation pending identification of Town funding for the project balances. Future Impact: The Parking and Transit Division has $1,632,448 in active grant applications for FTA-funded projects (includes awarded but not executed funding and open applications). Approval of the Title VI Plan would allow the Town to accept future FTA grant funding, if awarded. Failure to adopt this Plan would disqualify the Town from being awarded new FTA grant funding. Level of Public Interest Public interest in this Plan is low, however the public is interested in many of the projects funded by FTA grants (e.g., transit service, the electric trolley buses, Transit Development Plan recommendations). Sample Motion: I move for the approval/denial of the FTA Title VI Program Plan effective April 1, 2026 through March 31, 2029. Attachments: 1. Federal Transit Administration Title VI Program Plan Attachment 1 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Memo To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: February 24, 2026 Subject: Resolution 18-26 Amended Intergovernmental Agreement for Residential Recycling at Estes Park Solid Waste Transfer Station Type: Resolution Objective: Town Board consideration of an extension to the Town’s agreement with Larimer County regarding the operation of the Residential Recycling Center (RRC) Present Situation: The current Intergovernmental Agreement (IGA) between the Town and the County for the Residential Recycling Facility was approved on September 26, 2023, for a term to expire on January 1, 2026. The IGA states that the Town will provide an adequate site for the Recycling Facility, and the County will operate the facility. The original intent of the 2023 extension was to bring the IGA expiration date in line with the expiration date for the County’s agreement with Waste Management regarding the operation of the transfer station. The County notified the Town in December that it had sent an extension through December 31, 2026, to Waste Management for the Transfer Station Operating Agreement. The purpose of this one-year extension is to allow the County to finalize development of a new long-term agreement which will include the Transfer Station Operating Agreement (between the County and Waste Management), the ground lease for the Transfer Station (between the Town and Waste Management), and the agreement for the Residential Recycling Center (between the Town and the County). The County anticipates that this agreement will be fully developed and mutually negotiated with all parties by July 1, 2026. Additionally, the County has registered with the Producer Responsibility Program (PRP) as a participating government agency. This will allow the County to seek reimbursement from recycling services that it provides to the public, including the Residential Recycling Facility in Estes Park. The current plan is to roll this program into the newly proposed transfer station operating agreement proposed for July 1, 2026. Proposal: The current proposal is for a one-year extension to the IGA between the Town and the County for the Residential Recycling Center at the Estes Park Solid Waste Transfer Station (through December 31, 2026). Advantages: • Enables continued residential recycling services for the Estes Valley while the details of a long-term agreement are being finalized. Disadvantages: • Land used for the Residential Recycling Center is unavailable for other uses. Action Recommended: Approval of Resolution 18-26. Finance/Resource Impact: The only resource impact is the opportunity cost of using Town-owned land for the Residential Recycling Center. Level of Public Interest: Medium. Sample Motion: I move to approve/deny Resolution 18-26. Attachments: 1. Resolution 18-26 2. Amendment #2 3. Amendment #1 4. Intergovernmental Agreement for Residential Recycling at Estes Park Solid Waste Transfer Station (including Amendment #1) RESOLUTION 18-26 A RESOLUTION EXTENDING THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY FOR THE RESIDENTIAL RECYCLING CENTER WHEREAS, the Town Board wishes to extend the agreement referenced in the title of this resolution for the purpose of operating the Residential Recycling Center at the Estes Park Solid Waste Transfer Station. 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 second amendment to the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this 24th day of February, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 AMENDMENT #2 TO INTERGOVERNMENTAL AGREEMENT Residential Recycling at Estes Park Solid Waste Transfer Station) THIS AMENDMENT is made and entered into by and between the Board of County Commissioners of Larimer County, Colorado, 200 West Oak Street, Fort Collins, Colorado 80521 (hereinafter “County”) and the Town of Estes Park, Colorado (hereinafter “Town”) WHEREAS, County and Town entered into an Intergovernmental Agreement for Residential Recycling at Estes Park Solid Waste Transfer Station (hereinafter “Agreement”), effective as of October 9, 2018; and WHEREAS, the original term of the Agreement was from October 9, 2018, through October 8, 2023; and WHEREAS, pursuant to the provisions of the Agreement the parties may mutually agree to extend the term of the Agreement for up to five (5) additional years; and WHEREAS, on or about October 10, 2023, the Parties extended the agreement through December 31, 2025; and WHEREAS, County and Town desire to amend the Agreement to extend the term and otherwise desire all terms and conditions to remain as set forth in the Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Town agree as follows: 1. The term of the Agreement is hereby extended through December 31, 2026. This Agreement may be terminated early by mutual agreement of the parties in the event the new Transfer Station Operating Agreement is signed prior to December 31, 2026. 2. All other provisions in the Agreement shall remain in full force and effect. AGREED TO AND ACCEPTED AS STATED ABOVE: APPROVED AS TO FORM: Town Attorney Attachment 2 Page 1 of 1 Attachment 3 Attachment 4