HomeMy WebLinkAboutPACKET Town Board 2026-05-26Town Board of Trustees Regular Meeting
Tuesday, May 26, 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, and Public Comment.
Agenda – 7:00 p.m.
Pledge of Allegiance
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 May 12, 2026
3. Estes Park Planning Commission Minutes dated February 17, 2026
(acknowledgment only)
4. Resolution 61-26 Amendment No.1 to Renew the Colorado Department of Human
Services Co-Responder Contract with SummitStone Health Partners
5. Resolution 62-26 Setting the Public Hearing for a New Hotel and Restaurant
Liquor License Application for Eastern Slope LLC dba Eastern Slope, 200 Moraine
Avenue, Estes Park, Colorado
6. Resolution 63-26 Contract Renewals with Dickinson Electric Inc., Flash Electric
Inc., and South Paw Electric Company for On-Call Electrical Services – Budgeted
7. Resolution 64-26 Requesting the Department of Local Affairs Amend Grant EIAF
B-022’s Scope of Project
Reports And Discussion Items (Outside Entities)
1. 2025 Base Funding Report: Estes Valley Investment in Childhood Success
Presented by Executive Director Miller
To present on how 2025 Town Base Funding was used to benefit the
community and/or advance the Town's Strategic Plan.
Liquor Items
1. Resolution 65-26 New Vintners Restaurant Liquor License Filed by Snowy
Peaks Winery LLC dba Snowy Peaks Winery, 292 and 294 Moraine Avenue,
Estes Park, CO 80517
Town Clerk Williamson
To consider a new liquor license application and to consider the needs and
desires of the neighborhood.
Action Items
1. Ordinance 09-26 Considering the Inclusion of Certain Properties Located
within the Town of Estes Park into Northern Colorado Water Conservancy’s
Municipal Subdistrict
Presented by Superintendent Fredricks, Director Bergsten, and Counsel White
To address gaps in the subdistrict boundaries through a streamlined inclusion
process in compliance with required rules and regulations.
2. Ordinance 10-26 Considering the Inclusion of Certain Properties Located
within the Town of Estes Park into Northern Colorado Water Conservancy’s
District
Presented by Superintendent Fredricks, Director Bergsten, and Counsel White
To address gaps in the district boundaries through a streamlined inclusion
process in compliance with required rules and regulations.
Agenda continues on page 3
3.2027 Provisional Strategic Plan
Presented by Town Administrator Machalek
To consider the adoption of the 2027 Provisional Strategic Plan.
Request to Enter Executive Session
To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or
other property interest - Section 24-6-402(4)(a), C.R.S. and for a conference with
an attorney for the Board for the purposes of receiving legal advice on specific
legal questions - Section 24-6-402(4)(b), C.R.S. - Considerations for Development
of Housing on Town Properties.
Adjourn
Public Safety & Fire Evacuation Crisis
The proposed density at the Fish Hatchery site mtroduces a significant life-safety risk that has
not been adequately addressed by current developer data.
• Evacuation Gridlock: During the 2020 East Troublesome Fire, Highway 34 experienced a
3-hour gridlock. Adding 117+ high-density units to the narrow Fall River corridor
without an upgraded egress plan is a critical safety failure.
• Wildland Urban Interface Compliance: The site is located within the Wildland Urban
Interface (WUI), where wildfire risk is elevated year-round. Any approval must strictly
adhere to the 2021 International Fire Code (IFC) recently adopted by the Estes Valley
Fire Protection District.
• REQUEST: A fhird-party, mdependent traffic and evacuation study specifically for the
Fall River corridor, verified by the Fire Marshal before project entitlement.
Ecosystem & Wetland Protection
• The Fish Hatchery site contains sensitive wetlands and serves as a vital wildlife corridor
for elk, moose and bighom sheep.
• Wetland Buffers: The Estes Park Development Code requires specific setbacks for all
new developments. Inadequate buffers pose a long-term flood and ecological risk.
• Legal Liability: Approving a plan that does not meet the "Ecological Characterization"
standards of the code exposes the Town to Rule 106 legal challenges.
• REQUEST: A pause on approvals until the U.S. Army Corps of Engineers finishes its
formal wetland delineation and the Town verifies all Larimer Coynty Land Use
Code environmental standards are met.
Financial & Procedural Transparency.
• With EPHA not expecting a 9% LIHTC award until at least 2026, there is no immediate
reason to rush environmental or safety reviews.
• Independent Oversight: We urge the Board to seek a non-biased environmental
assessment rather than relying on studies funded by the developer (Pel-Ona/CHFA
applicants).
PROPOSED ACTION ITEMS FOR THE BOARD:
1. Directive to Staff: Require a public presentation from the Fire Protection District on
evacuation capacity.
2. Environmental Audit: Commission an independent bighom sheep, moose, and elk
migration impact study.
3. Community Dialogue: Schedule a dedicated town hall specifically for evacuation
safety before the Planning Commission vote.
Public comment provided during the meeting by Alayna Henderson/Town resident.
Town of Estes Park, Larimer County, Colorado, May 12, 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 12th day of May, 2026.
Present: Gary Hall, Mayor
Kirby Hazelton, Mayor Pro Tem
Trustees Bill Brown
Chris Eshelman
Frank Lancaster
Jamie Mieras
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Stephanie Bramwell, Recording Secretary
Absent: Trustee Mark Igel
Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
PROCLAMATION.
Mayor Hall read the proclamation to welcome and celebrate the opening of the Estes
Dementia Day Center.
AGENDA APPROVAL.
It was moved and seconded (Brown/Hazelton) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
John Guffey/Town resident recognized Mother’s Day with a reading from “The Book of
Awakening” by Mark Nepo.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: thirteen (13) businesses and
fifteen (15) individuals would graduate from the Economic Development and Workforce
Council’s BASE 2.0 Program on May 20; the Estes Chamber of Commerce (ECC) would
host the first Latino Alliance Roundtable in the Estes Valley Library and the first event of
the Estes Next Gen Network; the Estes Arts District (EAD) would pursue a bid to host the
Colorado Creative Industries Summit in 2028, which would bring 300 to 400 people to
Town if awarded; EAD continued to support new murals within the Town; congratulated
the Estes Dementia Day Center on their opening; encouraged people to attend the Visit
Estes Park (VEP) Board meetings to learn about marketing and tourism in the community;
thanked the Cinco de Mayo event organizers; encouraged people to submit their input to
the Post Office on its anticipated relocation; Platte River Power Authority (PRPA) would
install a 400 megawatt battery in the Severance area and a five (5) megawatt feeder
project in each of the four (4) municipalities served by PRPA.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek thanked all snow removal teams for their efforts during the
latest snow storm.
2026 Town Organizational Plan.
Town Administrator Machalek shared the Town Organizational Plan with the Board. He
noted it was presented one meeting late per Policy 3.13 which requires the Plan be
presented at the first regular meeting following the certification of the results of each
biennial election.
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CONSENT AGENDA:
1. Bills
2. Town Board Meeting Minutes dated April 28, 2026
3. Town Board Strategic Planning Session #2 Minutes dated April 30, 2026
4. Resolution 53-26 Contract Extension with Vance Brothers, LLC for the 2026 Chip
and Crack Seal Program, $315,848.27 – Budgeted
5. Resolution 54-26 Contract Extension with Coulson Excavating Company, Inc. for the
2026 Overlay and Patching Program, $1,384,209.50 – Budgeted
6. Resolution 55-26 Contract with Kinley Built LLC for Design and Construction
Services for the Events Center Storage Building, $424,350 - Budgeted *Item
removed by staff.
7. Resolution 56-26 License Agreement with U.S. Bureau of Reclamation for the Mall
Road Waterline Project
8. Resolution 57-26 Setting the Public Hearing for a New Vintners Restaurant Liquor
License Application for Snowy Peaks Winery LLC dba Snowy Peaks Winery, 292
and 294 Moraine Avenue, Estes Park, Colorado
9. Resolution 58-26 Intergovernmental Agreement with Federal Transit Administration
for Fiscal Year 2026 Certifications and Assurances as Required for Federal Transit
Administration Funding for Public Transportation
10. Resolution 59-26 Termination of Memorandum of Understanding between the Town
of Estes Park and the Uplands at Fish Creek PUD Association
11. Resolution 60-26 Additional Compensation for Mall Road Water Loop Construction
Easements, $2,000 – Budgeted
It was moved and seconded (Eshelman/Brown) to approve the Consent Agenda with
the removal of Item 4: Resolution 53-26 and Item 11: Resolution 60-26, and it passed
unanimously.
CONSENT AGENDA ITEMS REMOVED FOR DISCUSSION:
1. ITEM 4: RESOLUTION 53-26. Trustee Eshelman asked about the proposed use of
Reclamite. Town Engineer Wittwer explained Reclamite, an asphalt rejuvenator, has
successfully been used by Larimer County and the City of Loveland. It would be
applied on MacGregor Avenue north of the roundabout and Scott Avenue. It was
moved and seconded (Eshelman/Lancaster) to approve Resolution 53-26, and it
passed unanimously.
2. ITEM 11: RESOLUTION 60-26. Trustee Eshelman questioned if there were provisions
to authorize staff to approve additional expenditures of similar amounts in the future.
Town Administrator Machalek stated there may be an opportunity for the Board to
delegate some negotiating authority to staff if further negotiations are anticipated for
an agreement. It was moved and seconded (Brown/Hazelton) to approve
Resolution 60-26, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS (OUTSIDE ENTITIES):
1. 2025 BASE FUNDING REPORT: ESTES VALLEY CRISIS ADVOCATES. Program
Director Fanucchi reviewed a report outlining the mission and programs provided by
the organization. She noted the program served 479 clients, provided 986 total shelter
nights, had 1,522 client contacts, and was supported by 3,973 volunteer hours by the
board members and volunteer advocates in 2025. Reductions in federal and state
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Board of Trustees – May 12, 2026 – Page 3
funding for victims’ services resulted in reduction of staff hours by 520 hours/year in
both 2025 and 2026. At least one crisis advocate remained available 24/7.
ACTION ITEMS- NEW BUSINESS:
1. ORDINANCE 08-26 AMENDING CHAPTER 3.08 OF THE ESTES PARK
MUNICIPAL CODE TO EXEMPT CERTAIN HYGIENE PRODUCTS FROM TOWN
SALES TAX. Mayor Hall opened the public hearing. Director Zimmerman presented
the recommendation to adopt Exemption S (diapers and incontinence products) and
Exemption T (period products) from the State of Colorado’s sales tax exemption
options for state-collected local jurisdictions. Staff estimated this would result in a
$15,000 to $20,000 revenue loss to the Town’s general fund. Staff recommended
adopting these exemptions to support the Town’s commitment to a family-friendly
community. Mayor Hall closed the public hearing. It was moved and seconded
(Brown/Mieras) to approve Ordinance 08-26, and it passed unanimously.
2. ORDINANCE 09-26 CONSENTING TO THE INCLUSION OF CERTAIN
PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE
NORTHERN COLORADO WATER CONSERVANCY’S MUNICIPAL
SUBDISTRICT. Mayor Hall opened the public hearing. Director Bergsten and Legal
Counsel White presented the benefit of seeking inclusion in the Northern Colorado
Water Conservancy’s Municipal Subdistrict for properties within the Town not included
in the subdistrict or district. Properties are legally required to be in either the subdistrict
or district to receive water from the Town.
Board discussion ensued and has been summarized: Discussed the Northern
Colorado Water Conservancy’s responsibility of managing water from the Western
Slope; discussed the cost to the Town of the inclusion of properties in the subdistrict
or district, staff noted the final cost was yet to be determined but would be negotiated
with the Conservancy; and asked if any properties currently not in the district or
subdistrict were excluded from inclusion in the proposed ordinances, staff stated the
proposed ordinances account for all currently unaccounted for properties, both
developed and undeveloped. It was moved and seconded (Hazelton/Brown) to
continue Ordinance 09-26 to May 26, 2026, and it passed unanimously.
3. ORDINANCE 10-26 CONSENTING TO THE INCLUSION OF CERTAIN
PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE
NORTHERN COLORADO WATER CONSERVANCY’S DISTRICT. Mayor Hall
opened the public hearing. Director Bergsten and Legal Counsel White presented the
benefit of seeking inclusion in the Northern Colorado Water Conservancy’s District for
properties within the Town not included in the subdistrict or district. Properties are
legally required to be in either the subdistrict or district to receive water from the Town.
It was moved and seconded (Eshelman/Mieras) to continue Ordinance 10-26 to
May 26, 2026, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. 2025 IMPACT REPORT FOR 6E WORKFORCE HOUSING AND CHILDCARE
LODGING TAX FUNDS. Manager Speedlin reviewed revenue and programs in the
2025 Impact report. Program revenue increased by 6% from 2024 to 2025. The tuition
assistance program expanded in August 2025 to allow families earning 100% of the
Median Area Income to qualify for tuition assistance. Since 2023, the number of
children in childcare who received tuition assistance increased from 21% to 55%. The
Town would participate in a Childcare Workforce Learning Lab through the University
of Denver to learn from other community’s programs. $135,000 was spent to support
out-of-school programming. One recipient of funding was the YMCA of the Rockies’
Inclusion Program which provided special education care for children in the summer.
The loan of $400,000 from the General Fund for the purchase of Mountaintop
Childcare in 2024 was repaid in 2025. Over 100 workforce housing units were added
in the Town at the end of 2024 into 2025. 134 deed-restricted workforce housing units
were in pre-development at the time of the presentation. The Workforce Rental
Assistance pilot program initiated in 2024 was established as a continuous program
in 2025 and provided assistance to 32 households. Ongoing challenges include
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Board of Trustees – May 12, 2026 – Page 4
childcare providers pricing below the true cost of care. Board comments were heard
and have been summarized: asked for additional information about the number of
people served through these programs; asked for metrics of goals met; and discussed
the value of childcare and housing to retain employees in the Estes Valley.
2. DRAFT CHILDCARE FACILITY MASTER PLAN AND RECOMMENDED BEST
PRACTICES. Manager Speedlin and consultants Alethea Gomez/Executives
Partnering to Invest in Children and Joe Zanone/Zanone Project Management
presented a draft of the Estes Valley Childcare Facility Master Plan. The development
of the plan was funded through a grant from the Colorado Department of Local Affairs.
The plan would address childcare capacity, facility needs and land use, funding,
partnerships, and operations. Stakeholders engaged in the plan development process
included childcare providers, employers, and families. Recommendations identified in
the draft plan included to adopt childcare-friendly land use and zoning and to establish
a public-private partnership strategy. Three options to expand facility capacity were
identified: 1. To develop new facilities on Town-owned properties, 2. To remodel or
expand existing structures on Town-owned properties, or 3. To redevelop private
property through a private-public partnership. The final plan would be presented in
June for the Board’s consideration. Board comments were heard and summarized:
expressed interest in the site feasibility analysis template and the public-private
partnerships and discussed family-home childcare providers as one type of childcare
facility.
REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Hazelton/Lancaster) to enter executive session for
discussion of specialized details of security arrangements or investigations
Section 24-6-402(4)(d), C.R.S., - Regarding Board Room Security, and it passed
unanimously.
Mayor Hall adjourned the meeting at 9:35 p.m. to enter executive session.
The Board concluded the executive session at 10:24 p.m.
Whereupon Mayor Hall adjourned the meeting at 10:24 p.m.
Gary Hall, Mayor
Stephanie Bramwell, Recording Secretary
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RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado May 12, 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 12th day of May, 2026.
Board: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown,
Eshelman, Igel, Lancaster and Mieras
Attending: Mayor Hall, Mayor Pro Tem Hazelton, Trustees Brown,
Eshelman, Lancaster and Mieras
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Attorney Kramer, and Town Clerk Williamson
Absent: Trustee Igel
Mayor Hall called the meeting to order at 5:30 p.m.
Governance Orientation.
Town Administrator Machalek provided the Town Board with an overview of Policy
Governance, Board Code of Conduct, meeting procedures, strategic planning, and roles
and relationships with other entities. Attorney Kramer reviewed the differences between
a statutory community and a home rule community.
Future Study Session Agenda Items.
It was requested and determined to schedule Housing Definitions and Density Bonuses
on July 14, 2026, Rezoning Criteria on May 26, 2026, and Annexation of Enclaves on
August 25, 2026. Trustee Brown requested and it was agreed to add to the
unscheduled items a discussion on seasonal housing issues.
Trustee Lancaster requested the Library provide an overview at the May 26, 2026
meeting on the upcoming construction that would impact parking during the summer
and the availability of meeting rooms.
Comments & Questions.
None.
There being no further business, Mayor Hall adjourned the meeting at 6:37 p.m.
___________________________________
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado, February 17, 2026
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 February 17, 2026.
Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick
Mulhern, Chris Pawson, Julie Phares
Attending: Commissioners Cooper, Arterburn, Phares, Pawson,
Community Development Director Steve Careccia, Planner II
Kara Washam, Special Counsel Greg White, Recording
Secretary Karin Swanlund
Absent: Arterburn
Chair Cooper called the meeting to order at 1:30 pm. There were 4 people in the
audience.
INTRODUCTIONS
Commissioners and staff introduced themselves.
AGENDA APPROVAL
It was moved and seconded (Pawson/Mulhern) to approve the agenda. The motion
passed 4-0.
CONSENT AGENDA
1. Planning Commission Meeting Minutes dated January 20, 2026
It was moved and seconded (Mulhern/Phares) to approve the consent agenda. The
motion passed 4-0.
PUBLIC COMMENT: none
ACTION ITEMS:
1. Minor Subdivision 173 Stanley Circle Drive Planner II Washam
Planner Washam reviewed the staff report. The applicants wish to subdivide their
existing 1.17-acre lot into two (2) lots, 0.67 acres and 0.50 acres. The larger lot will
include the existing single-family residence and structures, while the smaller lot will
remain undeveloped for the foreseeable future. The applicants intend to place the
smaller lot in a trust for their beneficiary. Staff recommended approval of the Minor
Subdivision.
DISCUSSION:
Property owner Michelle Chase answered Commissioner Mulhern's question that there
are no plans for development. The lot will be placed in a trust, with no idea what the
beneficiary will do with it.
PUBLIC COMMENT:
None
Planning Commission – February 17, 2026 – Page 2
It was moved and seconded (Mulhern/Phares) to forward a recommendation of
approval to the Town Board of Trustees for the Chase Minor Subdivision. The
motion passed 4-0.
DISCUSSION ITEMS:
Director Careccia reported that the consultant is working hard on drafting the code text.
A 30% draft will likely be available by mid-March.
With no further business, Chair Cooper adjourned the meeting at 1:45 pm.
_________________________________
Chuck Cooper, Chair
Karin Swanlund, Recording Secretary
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: Ian Stewart, Chief of Police
Department: Police
Date: May 26, 2026
Subject: Resolution 61-26 Amendment No.1 to Renew the Colorado Department of
Human Services Co-Responder Contract with SummitStone Health
Partners
Type: Resolution
Objective:
It is the desire of the Estes Park Police Department to maintain the Co-Responder
services we currently have for the Estes Valley.
Present Situation:
The Estes Park Police Department continues to work with SummitStone Health Partners
to provide Co-Responder resources in the Estes Valley. The grant situation regarding
Co-Responder funding changed for SummitStone Health and the region in 2025. Grant
funding that SummitStone had previously received can no longer be given directly to
them from the State of Colorado. The funding must now be awarded to a local agency
utilizing Co-Responder services. That local entity will then pass the grant funding along
to a provider for this program.
For the Town of Estes Park and the Estes Park Police Department, this means the grant
funding to support the Co-Responder program in the Estes Valley must be awarded to
the Town of Estes Park. The town will then need to pass this funding through to
SummitStone Health Partners who will provide the Co-Responder staffing in the Estes
Valley. SummitStone Health Partners have historically been providing this service until
2025.
We recently received confirmation from the State of Colorado that we have been
approved for this grant funding again for this grant cycle. This is a renewal and the
second year we have received this grant. The grant amount matches the funding
required per SummitStone to maintain the current Co-Responder Program for the next
budget year.
Proposal:
Staff requests approval to receive the grant again this year, and in turn, provide the
funding to SummitStone Health Partners. This will allow us to maintain the current Co-
Responder Program in the Estes Valley.
Advantages:
• Reduces unnecessary arrests and Longview facility transports. It provides on-
scene clinical assessment and risk evaluations, helping divert individuals
experiencing mental health or substance use crises away from jail or alternative
locations.
• Helps officers assess and initiate “M1” and emergency commitment holds when
someone is at risk or in crisis. This also facilitates documentation and
coordination with hospitals and crisis centers to ensure continuity of care.
• Provides deescalation on scene during emotionally charged situations. Helps
prevent escalation, reduce the need for force, and guides individuals toward
voluntary cooperation and appropriate care.
• Connects individuals to ongoing services and ensures follow-up care. The
program provides warm handoffs and connects individuals with appropriate
community resources and case management.
• Reduces repeat calls for service by addressing root causes of repeated crisis
calls This reduces strain on department resources over time.
• Co-Responders participate in regular collaboration with Estes community
partners to align resources and share innovative ideas. This collaboration on
strategic solutions helps us to best serve the needs of our community.
• This program helps support families in applying for court ordered mental health
holds. The Co-Responder program provides education to families on the
process, helps navigate barriers, and provides emotional support and resources.
• This program also assists the School Resource Officer with student mental
health crises by providing on-site clinical support when a student is experiencing
a crisis. It helps deescalate the situation and provides an assessment for safety
risks while supporting the family.
Disadvantages:
• Staff time required to navigate the bureaucracy of the grant process and
subsequent reporting.
• Validation of last year’s PD staff concerns that we are now required to renew this
annually to maintain Co-Responder services. Detail potential consequences &
any mitigating factors.
Action Recommended:
Board approval to receive grant funding so that it can be forwarded to SummitStone to
maintain our Co-Responder program.
Finance/Resource Impact:
There is no direct financial impact to the town. The funding received from the grant
exactly covers the cost of the Co-Responder program at the Estes Park Police
Department. The grant request was specifically crafted to obtain the goal of no cost to
the town.
Level of Public Interest:
The Co-Responder program at the Estes Park Police Department has been highly
acknowledged by the public. The public has shown significant support for Co-
Responder programs as a superior alternative to police intervention for those in crisis.
Sample Motion:
I move for the approval of Resolution 61-26.
Attachments:
1. Resolution 61-26
2. Department of Human Services Co Responder Contract
3. Contract Amendment #1
RESOLUTION 61-26
APPROVING THE COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT
RENEWAL FOR CO-RESPONDER PROGRAMS
WHEREAS, the Town Board wishes to renew the agreement referenced in the title
of this resolution for the purpose of creating, sustaining, or expanding Co-Responder
Programs, which dispatch behavioral health Co-Responders along with law enforcement,
or provide a joint secondary response on calls for service wherein behavioral health
appears to be a relevant factor.
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 renewal referenced in
the title of this resolution in substantially the form now before the Board.
DATED this day of , 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Attachment 1
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Page 1 of 3
State of Colorado
Department of Human Services Contract
Signature and Cover Pages
CMS #:
26 IBEH 198245
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Contract Maximum Amount
Initial Term
State Fiscal Year 2026 $152,141.00
Extension Terms
None
Maximum Amount for
All Fiscal Years $152,141.00
Pricing/Funding
Price Structure: Cost Reimbursement
Contractor shall invoice: Monthly
Fund Source: General Fund
eClearance#:
2505739
Contractor
Town of Estes Park
Contractor’s State of Incorporation: CO
Contract Performance Beginning Date
The later of the Effective Date or July 1, 2025
Initial Contract Expiration Date
June 30, 2026
Except as stated in §2.D, the total duration of
this Contract, including the exercise of any
options to extend, shall not exceed 5 Years
from its Performance Beginning Date.
Options
The State shall have the following options if
indicated with “Yes,” as further described in
§2.C and §5.B.v:
Option to Extend Term per §2.C: Yes.
Option to Increase or Decrease Maximum
Amount per §5.B.v: Yes.
Docusign Envelope ID: C6EF4CEE-66C2-499F-9C87-191C03ED754F Attachment 2
v.4.11
Page 2 of 3
Insurance
Contractor shall maintain the following
insurance if indicated with “Yes,” as further
described in §10:
Worker’s Compensation: Yes
General Liability: Yes
Automobile Liability: Yes
Protected Information: Yes
Professional Liability Insurance: Yes
Cyber/Net. Security-Privacy Liability
Insurance: No.
Crime Insurance: No.
State Representative
Moniquie Maurice, Chief Financial Officer
Behavioral Health Administration
710 South Ash Street C140
Denver, CO 80204
monique.maurice@state.co.us
Miscellaneous
Authority to enter into this Contract exists in:
C.R.S. 27-60-104
Law-Specified Vendor Statute (if any): N/A
Procurement Method: Request for Proposal
Solicitation Number (if any): RFP IBEH
2025*152
Contractor Representative
Ian Stewart, Chief of Police
Town of Estes Park
170 Macgregor Avenue
Estes Park, CO 80517
istewart@estes.org
Exhibits
The following Exhibits are attached and incorporated into this Contract:
Exhibit A – Statement of Work
Exhibit B – Budget
Exhibit C – Miscellaneous Provisions
Exhibit D – HIPPA BAA
Contract Purpose
The purpose of this Contract is to create, sustain, or expand Co-Responder Programs, which
dispatch behavioral health Co-Responders along with law enforcement, or provide a joint
secondary response on calls for service wherein behavioral health appears to be a relevant
factor.
Signature Page Begins on Next Page
The rest of this page is intentionally left blank.
Docusign Envelope ID: C6EF4CEE-66C2-499F-9C87-191C03ED754F
Docusign Envelope ID: C6EF4CEE-66C2-499F-9C87-191C03ED754F
6/3/2025
6/3/2025
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Acc 11/12/24
Table of Contents
1. Parties _____________________________________________________________________ 1
2. Term and Effective Date ______________________________________________________ 2
3. Definitions __________________________________________________________________ 4
4. Statement of Work ___________________________________________________________ 7
5. Payments to Contractor _______________________________________________________ 8
6. Reporting – Notification ______________________________________________________ 10
7. Contractor Records __________________________________________________________ 11
8. Confidential Information-State Records _________________________________________ 12
9. Conflicts of Interest _________________________________________________________ 15
10. Insurance ________________________________________________________________ 15
11. Breach of Contract ________________________________________________________ 19
12. Remedies ________________________________________________________________ 19
13. State’s Right of Removal ___________________________________________________ 21
14. Dispute Resolution ________________________________________________________ 22
15. Notices and Representatives ________________________________________________ 22
16. Rights in Work Product and Other Information _________________________________ 23
17. Statewide Contract Management System ______________________________________ 24
18. General Provisions_________________________________________________________ 25
19. Colorado Special Provisions (Colorado Fiscal Rule 3-3) __________________________ 31
20. Department of Human Services Provisions _____________________________________ 34
21. Third Party Certification for Access to PII Through a Database or Automated Network 36
22. Federal Provisions _________________________________________________________ 37
1. Parties
This Contract is entered into by and between Contractor named on the Signature and
Cover Pages for this Contract (the “Contractor”), and the STATE OF COLORADO acting by and
through the Department of Human Services (the “State” or “CDHS”). Contractor and the State
agree to the terms and conditions in this Contract.
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2. Term and Effective Date
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall
not be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
The Parties’ respective performances under this Contract shall commence on the
Contract Performance Beginning Date shown on the Signature and Cover Pages for this
Contract and shall terminate on the Initial Contract Expiration Date shown on the Signature
and Cover Pages for this Contract (the “Initial Term”) unless sooner terminated or further
extended in accordance with the terms of this Contract.
C. Extension Terms – State’s Option
If the Signature and Cover Pages for this Contract shows that the State has the Option
to Extend Term, then the State, at its discretion, shall have the option to extend the
performance under this Contract beyond the Initial Term for a period, or for successive
periods, at the same rates and under the same terms specified in the Contract (each such
period an “Extension Term”). In order to exercise this option, the State shall provide written
notice to Contractor in a form substantially equivalent to §23 “Sample Option Letter.” The
State may include and incorporate a revised budget with the option letter, as long as the
revised budget does not unilaterally change rates or terms specified in the Contract. Except
as stated in §2.D, the total duration of this Contract, including the exercise of any options to
extend, shall not exceed 5 years from its Performance Beginning Date, or the number of years
specified on the Signature and Cover Pages if such number is less than 5 years, absent prior
approval from the Chief Procurement Officer in accordance with the Colorado Procurement
Code.
D. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in
place, the State, at its discretion, upon written notice to Contractor as provided in §15, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months
(an “End of Term Extension” or “Holdover”), regardless of whether additional Extension
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Terms are available or not. Any such extension shall be under the same terms and conditions
of the operative Contract including, but not limited to, prices, rates, and service delivery
requirements. The provisions of this Contract in effect when such notice is given shall remain
in effect during the End of Term Extension. The End of Term Extension shall automatically
terminate upon execution of a replacement contract or modification extending the total term
of the Contract.
E. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Contract ceases
to further the public interest of the State, the State, in its discretion, may terminate this
Contract in whole or in part. A determination that this Contract should be terminated in the
public interest shall not be equivalent to a State right to terminate for convenience. This
subsection shall not apply to a termination of this Contract by the State for Breach of
Contract by Contractor, which shall be governed by §12.A.i.
Ǥ
The State shall notify Contractor of such termination in accordance with §15. The
notice shall specify the effective date of the termination and whether it affects all or a
portion of this Contract, and shall include, to the extent practicable, the public interest
justification for the termination.
Ǥ
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in §12.A.i.a.
Ǥ
If the State terminates this Contract in the public interest, the State shall pay
Contractor an amount equal to the percentage of the total reimbursement payable under this
Contract that corresponds to the percentage of Work satisfactorily completed and accepted,
as determined by the State, less payments previously made. Additionally, if this Contract is
less than 60% completed, as determined by the State, the State may reimburse Contractor for
a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Contract,
incurred by Contractor which are directly attributable to the uncompleted portion of
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Contractor’s obligations, provided that the sum of any and all reimbursement shall not
exceed the maximum amount payable to Contractor hereunder.
3. Definitions
The following terms shall be construed and interpreted as follows:
A. “Breach of Contract” means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory
manner. The institution of proceedings under any bankruptcy, insolvency,
reorganization, or similar law, by or against Contractor, or the appointment of a
receiver or similar officer for Contractor or any of its property, which is not vacated or
fully stayed within 30 days after the institution of such proceeding, shall also
constitute a breach. If Contractor is debarred or suspended under i24-109-105, C.R.S.
at any time during the term of this Contract, then such debarment or suspension shall
constitute a breach.
B. “Business Day” means any day in which the State is open and conducting business,
but shall not include Saturday, Sunday or any day on which the State observes one of
the holidays as listed in i24-11-101(1) C.R.S.
C. “Chief Procurement Officer” means the individual to whom the Executive Director
has delegated his or her authority pursuant to i24-102-202, C.R.S. to procure or
supervise the procurement of all supplies and services needed by the State.
D. “CJI” means criminal justice information collected by criminal justice agencies
needed for the performance of their authorized functions, including, without
limitation, all information defined as criminal justice information by the U.S.
Department of Justice, Federal Bureau of Investigation, Criminal Justice Information
Services Security Policy, as amended and all Criminal Justice Records as defined under
24-72-302 C.R.S.
E. “Contract” means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and
any future modifications thereto. For purposes of clarification and the removal of any
doubt, subject to any future modifications thereto, the Signature and Cover Pages and
Sections 1 through 21, as identified in the Table of Contents herein above, shall
constitute the “main body” of this Contract exclusively.
F. “Contract Funds” means the funds that have been appropriated, designated,
encumbered, or otherwise made available for payment by the State under this
Contract.
G. “CORA” means the Colorado Open Records Act, ii24-72-200.1 et. seq., C.R.S.
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H. “Deliverable” means the outcome to be achieved or output to be provided, in the
form of a tangible object or software that is produced as a result of Contractor’s Work
that is intended to be delivered to the State by the Contractor.
I. “Effective Date” means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this
Contract. If this Contract is for a Major Information Technology Project, as defined in
i24-37.5-102(2.6), then Effective Date of this Contract shall be the later of the date
on which this Contract is approved and signed by the State’s Chief Information Officer
or authorized delegate or the date on which this Contract is approved and signed by
the State Controller or authorized delegate, as shown on the Signature and Cover Page
for this Contract.
J. “End of Term Extension” means the time period defined in i2.D.
K. “Exhibits” means the exhibits and attachments included with this Contract as shown
on the Signature and Cover Pages for this Contract.
L. “Extension Term” means the time period defined in i2.C.
M. “Goods” means any movable material acquired, produced, or delivered by Contractor
as set forth in this Contract and shall include any movable material acquired,
produced, or delivered by Contractor in connection with the Services.
N. “Incident” means any accidental or deliberate event that results in or constitutes an
imminent threat of the unauthorized access, loss, disclosure, modification, disruption,
or destruction of any communications or information resources of the State, which are
included as part of the Work, as described in ii24-37.5-401, et. seq., C.R.S.
Incidents include, without limitation, (i) successful attempts to gain unauthorized
access to a State system or State Records regardless of where such information is
located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a
State system for the processing or storage of data; or (iv) changes to State system
hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
O. “Initial Term” means the time period defined in i2.B.
P. “Party” means the State or Contractor, and “Parties” means both the State and
Contractor.
Q. “PCI” means payment card information including any data related to credit card
holders’ names, credit card numbers, or other credit card information as may be
protected by State or federal law.
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R. “PHI” means any individually identifiable health information, transmitted or
maintained in electronic or any form or medium, including but not limited to
demographic information,, (i) that relates to the past, present or future physical or
mental condition of an individual; the provision of health care to an individual; or the
past, present or future payment for the provision of health care to an individual; and
(ii) that identifies the individual or with respect to which there is a reasonable basis to
believe the information can be used to identify the individual. PHI includes, but is not
limited to, any information defined as Individually Identifiable Health Information by
the Federal Health Insurance Portability and Accountability Act.
S. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to
distinguish or trace an individual’s identity, such as name, social security number,
date and place of birth, mother’s maiden name, or biometric records; and any other
information that is linked or linkable to an individual, such as medical, educational,
financial, and employment information. PII includes, but is not limited to, all
information defined as personally identifiable information in i24-72-501 and 24-73-
101, C.R.S. “PII” shall also mean “Personal Identifying Information” as set forth in i
24-74-102, et. seq., C.R.S.
T. “Services” means the services to be performed by Contractor as set forth in this
Contract, and shall include any services to be rendered by Contractor in connection
with the Goods.
U. “State Confidential Information” means any and all State Records not subject to
disclosure under CORA. State Confidential Information shall include, but is not limited
to, PII, PHI, PCI, Tax Information, CJI, Educational Records, Substance Use Disorder
Information, and State personnel records not subject to disclosure under CORA. State
Confidential Information shall not include information or data concerning individuals
that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Contractor which (i) is subject
to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions
at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly
available without breach of any obligation owed by Contractor to the State; (iv) is
disclosed to Contractor, without confidentiality obligations, by a third party who has
the right to disclose such information; or (v) was independently developed without
reliance on any State Confidential Information.
V. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State
Controller pursuant to i24-30-202(13)(a), C.R.S.
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W. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar
year and ending on June 30 of the following calendar year. If a single calendar year
follows the term, then it means the State Fiscal Year ending in that calendar year.
X. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under
CORA.
Y. “Subcontractor” means any third-parties engaged by Contractor to aid in
performance of the Work.
Z. “Tax Information” means federal and State of Colorado tax information including,
without limitation, federal and State tax returns, return information, and such other
tax-related information as may be protected by federal and State law and regulation.
Tax information includes but is not limited to all information defined as federal tax
information in Internal Revenue Service Publication 1075.
AA. “Work” means the Goods delivered and Services performed pursuant to this Contract.
BB. “Work Product” means the tangible and intangible results of the Work, whether
finished or unfinished, including drafts. Work Product includes, but is not limited to,
documents, text, software (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures,
drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
any other results of the Work. “Work Product” does not include any material that was
developed prior to the Effective Date that is used, without modification, in the
performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed
and interpreted as defined in that Exhibit.
4. Statement of Work
Contractor shall complete the Work as described in this Contract and in accordance
with the provisions of the Exhibits. The State shall have no liability to compensate Contractor
for the delivery of any goods or the performance of any services that are not specifically set
forth in this Contract.
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5. Payments to Contractor
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract
Funds. The State shall not pay Contractor any amount under this Contract that exceeds the
Contract Maximum for that term shown on the Signature and Cover Pages for this Contract.
B. Payment Procedures
Ǥ
a. The State shall pay Contractor in the amounts and in accordance
with the Exhibits.
b. Contractor shall initiate payment requests by invoice to the
State, in a form and manner approved by the State. Invoicing is a
material component of Contract performance and corresponding
Deliverables. Invoices shall be due to the State within 45 days of
work performed by the Contractor, unless otherwise stated in
the Exhibits hereto. Invoicing shall be done accurately and per
any specifications set forth in the Exhibits hereto. Time is of the
essence in this regard. If Contractor fails to timely and/or
properly invoice the State, the State may not be obligated to pay
the bill resulting from said invoice. Failure to timely and/or
properly invoice the State is a material breach of this Contract
which would be cause for the State to refuse payment and/or
terminate the contract on these grounds in whole or in part, at
the State’s discretion.
c. The State shall pay each invoice within 45 days following the
State’s receipt of that invoice, so long as the amount invoiced
correctly represents Work completed by Contractor and
previously accepted by the State during the term that the
invoice covers. If the State determines that the amount of any
invoice is not correct, then Contractor shall make all changes
necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of
any Work performed or deliverables provided under the
Contract.
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Amounts not paid by the State within 45 days of the State’s acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per
month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that
interest shall not accrue on unpaid amounts that the State disputes in writing. Contractor
shall invoice the State separately for accrued interest on delinquent amounts, and the invoice
shall reference the delinquent payment, the number of day’s interest to be paid and the
interest rate.
Ǥ
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following the earlier
to occur of Contractor’s receipt of the payment or notification of the determination or
calculation of the payment by the State. The State will review the information presented by
Contractor and may make changes to its determination based on this review. The calculation,
determination or payment amount that results from the State’s review shall not be subject to
additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not
pay any interest on any amount during the period it is subject to dispute under this
subsection.
Ǥ Ǧ Ǧ
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is
contingent on the appropriation and continuing availability of Contract Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds
from any other non-State funds constitute all or some of the Contract Funds the State’s
obligation to pay Contractor shall be contingent upon such non-State funding continuing to be
made available for payment. Payments to be made pursuant to this Contract shall be made
only from Contract Funds, and the State’s liability for such payments shall be limited to the
amount remaining of such Contract Funds. If State, federal or other funds are not
appropriated, or otherwise become unavailable to fund this Contract, the State may, upon
written notice, terminate this Contract, in whole or in part, without incurring further
liability. The State shall, however, remain obligated to pay for Services and Goods that are
delivered and accepted prior to the effective date of notice of termination, and this
termination shall otherwise be treated as if this Contract were terminated in the public
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interest as described in §2.E.
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If the Signature and Cover Pages for this Contract show that the State has the Option
to Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the
option to increase or decrease the statewide quantity of Goods and Services based upon the
rates established in this Contract, and increase or decrease the maximum amount payable
accordingly. In order to exercise this option, the State shall provide written notice to
Contractor in a form substantially equivalent to §23 “Sample Option Letter.” Delivery of
Goods and performance of Services shall continue at the same rates and terms as described in
this Contract. The State may include and incorporate a revised budget with the option letter,
as long as the revised budget does not unilaterally change rates or terms specified in the
Contract.
6. Reporting – Notification
A. Quarterly Reports.
In addition to any reports required pursuant to §17 or pursuant to any other Exhibit,
for any contract having a term longer than three months, Contractor shall submit, on a
quarterly basis, a written report specifying progress made for each specified performance
measure and standard in this Contract. Such progress report shall be in accordance with the
procedures developed and prescribed by the State. Progress reports shall be submitted to the
State at the time or times specified by the State in this Contract, or, if no time is specified in
this Contract, not later than five Business Days following the end of each calendar quarter.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action
before a court or other administrative decision making body, and such pleading or document
relates to this Contract or may affect Contractor ’s ability to perform its obligations under this
Contract, Contractor shall, within 5 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State’s principal representative
identified on the Signature and Cover Pages for this Contract.
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C. Performance Outside the State of Colorado or the United States, i24-
102-206 C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S.,
Contractor shall provide written notice to the State, in accordance with §15 and in a form
designated by the State, within 20 days following the earlier to occur of Contractor’s decision
to perform Services outside of the State of Colorado or the United States, or its execution of
an agreement with a Subcontractor to perform, Services outside the State of Colorado or the
United States. Such notice shall specify the type of Services to be performed outside the
State of Colorado or the United States and the reason why it is necessary or advantageous to
perform such Services at such location or locations, and such notice shall be a public record.
Knowing failure by Contractor to provide notice to the State under this section shall
constitute a Breach of Contract. This section shall not apply if the Contract Funds include any
federal funds.
7. Contractor Records
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and
other materials relating to the Work (the “Contractor Records”). Contractor Records shall
include all documents, records, communications, notes and other materials maintained by
Contractor that relate to any Work performed by Subcontractors, and Contractor shall
maintain all records related to the Work performed by Subcontractors required to ensure
proper performance of that Work. Contractor shall maintain Contractor Records until the last
to occur of:
i. the date three years after the date this Contract expires or is terminated,
ii. final payment under this Contract is made,
iii. the resolution of any pending Contract matters, or
iv. if an audit is occurring, or Contractor has received notice that an audit is
pending, the date such audit is completed and its findings have been
resolved (the “Record Retention Period”).
B. Inspection
Contractor shall permit the State, the federal government, and any duly authorized
agent of a governmental entity, to audit, inspect, examine, excerpt, copy and transcribe
Contractor Records during the Record Retention Period. Contractor shall make Contractor
Records available during normal business hours at Contractor’s office or place of business, or
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at other mutually agreed upon times or locations, upon no fewer than two Business Days’
notice from the State, unless the State determines that a shorter period of notice, or no
notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a
governmental agency, in its discretion, may monitor Contractor’s performance of its
obligations under this Contract using procedures as determined by the State. The State shall
monitor Contractor’s performance in a manner that does not unduly interfere with
Contractor’s performance of the Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an
audit performed on Contractor’s records that relates to or affects this Contract or the Work,
whether the audit is conducted by Contractor or a third party.
8. Confidential Information-State Records
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential,
all State Records, unless those State Records are publicly available. Contractor shall not,
without prior written approval of the State, use, publish, copy, disclose to any third party, or
permit the use by any third party of any State Records, except as otherwise stated in this
Contract, permitted by law or approved in writing by the State. Contractor shall provide for
the security of all State Confidential Information in accordance with all policies promulgated
by the Colorado Office of Information Security and all applicable laws, rules, policies,
publications, and guidelines. If Contractor or any of its Subcontractors will or may receive the
following types of data, Contractor or its Subcontractors shall provide for the security of such
data according to the following:
i. the most recently promulgated IRS Publication 1075 for all Tax Information
and in accordance with the Safeguarding Requirements for Federal Tax
Information attached to this Contract as an Exhibit, if applicable,
ii. the most recently updated PCI Data Security Standard from the PCI Security
Standards Council for all PCI,
iii. the most recently issued version of the U.S. Department of Justice, Federal
Bureau of Investigation, Criminal Justice Information Services Security
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Policy for all CJI, and (iv) the federal Health Insurance Portability and
Accountability Act for all PHI and the HIPAA Business Associate Agreement
attached to this Contract, if applicable. Contractor shall immediately
forward any request or demand for State Records to the State’s Principal
Representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and
Subcontractors as necessary to perform the Work, but shall restrict access to State
Confidential Information to those agents, employees, assigns and Subcontractors who require
access to perform their obligations under this Contract. Contractor shall ensure all such
agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure
provisions at least as protective as those in this Contract, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to
any State Confidential Information. Contractor shall provide copies of those signed
nondisclosure provisions to the State upon execution of the nondisclosure provisions if
requested by the State.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance
with any and all applicable laws and regulations only in facilities located within the United
States, and shall maintain a secure environment that ensures confidentiality of all State
Confidential Information. Contractor shall provide the State with access, subject to
Contractor’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control
effectiveness. Upon the expiration or termination of this Contract, Contractor shall return
State Records provided to Contractor or destroy such State Records and certify to the State
that it has done so, as directed by the State. If Contractor is prevented by law or regulation
from returning or destroying State Confidential Information, Contractor warrants it will
guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, Contractor shall notify the State
immediately and cooperate with the State regarding recovery, remediation, and the necessity
to involve law enforcement, as determined by the State. Unless Contractor can establish that
Contractor and its Subcontractors are not the cause or source of the Incident, Contractor shall
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be responsible for the cost of notifying each person who may have been impacted by the
Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a
similar type of Incident in the future as directed by the State, which may include, but is not
limited to, developing and implementing a remediation plan that is approved by the State, at
no additional cost to the State. The State may adjust or direct modifications to this plan in its
sole discretion, and Contractor shall make all modifications as directed by the State. If
Contractor cannot produce its analysis and plan within the allotted time, the State, in its
discretion, may perform such analysis and produce a remediation plan, and Contractor shall
reimburse the State for the actual costs thereof. The State may, in its sole discretion and at
Contractor’s sole expense, require Contractor to engage the services of an independent,
qualified, State-approved third party to conduct a security audit. Contractor shall provide
the State with the results of such audit and evidence of Contractor’s planned remediation in
response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the
requirements of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its subcontractors will or may receive PII under this
Contract, Contractor shall provide for the security of such PII, in a manner and form
acceptable to the State, including, without limitation, State non-disclosure requirements,
use of appropriate technology, security practices, computer access security, data access
security, data storage encryption, data transmission encryption, security inspections, and
audits. Contractor shall be a “third-party service provider” as defined in §24-73-103(1)(i),
C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101
et seq., C.R.S. in addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor,
including, but not limited to, Contractor’s employees, agents and subcontractors, agrees
not to share any PII with any third parties for the purpose of investigating for,
participating in, cooperating with, or assisting with federal immigration enforcement. If
Contractor is given direct access to any State databases containing PII, Contractor shall
execute, on behalf of itself and its employees, the certification described in Section 21
below on an annual basis Contractor’s duty and obligation to certify as set forth in Section
21 below shall continue as long as Contractor has direct access to any State databases
containing PII. If Contractor uses any subcontractors to perform Services requiring direct
access to state databases containing PII, Contractor shall require such subcontractors to
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execute and deliver the certification to the State on an annual basis, so long as the
subcontractor has access to State databases containing PII.
9. Conflicts of Interest
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships
that conflict in any way with the full performance of the obligations of Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor’s
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of a
conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written
approval, Contractor shall refrain from any practices, activities or relationships that
reasonably appear to be in conflict with the full performance of Contractor’s obligations
under this Contract.
C. Disclosure To the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain
whether a conflict or the appearance of a conflict has arisen, Contractor shall submit to the
State a disclosure statement setting forth the relevant details for the State’s consideration.
Failure to promptly submit a disclosure statement or to follow the State’s direction in regard
to the actual or apparent conflict constitutes a breach of this Contract.
D. Contractor acknowledges that all state employees are subject to the
ethical principles described in §24-18-105, C.R.S. Contractor further acknowledges
that state employees may be subject to the requirements of §24-18-105, C.R.S. with
regard to this contract.
10. Insurance
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain
and maintain, insurance as specified in this section at all times during the term of this
Contract to the extent that such insurance policies are required as shown on the Signature
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and Cover Page for this Contract. All insurance policies required by this Contract shall be
issued by insurance companies as approved by the State. These insurance requirements shall
not be construed as caps or limitations on liability.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability
insurance covering all Contractor or Subcontractor employees acting within the course and
scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any one fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-
owned autos) with a minimum limit of $1,000,000 each accident combined single limit.
D. Protected Information
Liability insurance covering all civil, regulatory, and statutory damages, contractual
damages, data breach management exposure, and all loss income or extra expense as a result
of actual or alleged breach, violation or infringement of a right to privacy, consumer data
protection law, confidentiality or other legal protection for personal information as well as
State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
iii. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 10 or fewer individuals or revenues of $250,000
or less, Contractor shall maintain limits of not less than $50,000.
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iv. Notwithstanding sections D(i) and (ii) above, if Contractor has State
Confidential Information for 25 or fewer individuals or revenues of $500,000
or less, Contractor shall maintain limits of not less than $100,000.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or
any negligent act with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Cyber/Network Security and Privacy Liability
Liability insurance covering civil, regulatory, and statutory damages, contractual
damages, data breach management exposure, and any loss of income or extra expense
as a result of actual or alleged breach, violation or infringement of right to privacy,
consumer data protection law, confidentiality or other legal protection for personal
information, as well as State Confidential Information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
H. Additional Insured
The State shall be named as additional insured on all commercial general liability
policies (leases and construction contracts require additional insured coverage for completed
operations) required of Contractor and Subcontractors.
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I. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the
State.
J. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-
renewal, except for cancellation based on non-payment of premiums, without at least 30 days
prior notice to Contractor and Contractor shall forward such notice to the State in accordance
with §15 within seven days of Contractor’s receipt of such notice.
K. Subrogation Waiver
All insurance policies secured or maintained by Contractor or its Subcontractors in
relation to this Contract shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Contractor or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
L. Public Entities
If Contractor is a “public entity” within the meaning of the Colorado Governmental
Immunity Act, §§24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of
the liability insurance requirements stated above, at all times during the term of this
Contract such liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of
the GIA, Contractor shall ensure that the Subcontractor maintains at all times during the
terms of this Contract, in lieu of the liability insurance requirements stated above, such
liability insurance, by commercial policy or self-insurance, as is necessary to meet the
Subcontractor’s obligations under the GIA.
M. Certificates
Contractor shall provide to the State certificates evidencing Contractor’s insurance
coverage required in this Contract within seven Business Days following the Effective Date.
Contractor shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Contract within seven Business Days following the Effective
Date, except that, if Contractor’s subcontract is not in effect as of the Effective Date,
Contractor shall provide to the State certificates showing Subcontractor insurance coverage
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required under this Contract within seven Business Days following Contractor’s execution of
the subcontract. No later than 15 days before the expiration date of Contractor’s or any
Subcontractor’s coverage, Contractor shall deliver to the State certificates of insurance
evidencing renewals of coverage. At any other time during the term of this Contract, upon
request by the State, Contractor shall, within seven Business Days following the request by
the State, supply to the State evidence satisfactory to the State of compliance with the
provisions of this section.
11. Breach of Contract
In the event of a Breach of Contract, the aggrieved Party shall give written notice of
breach to the other Party. If the notified Party does not cure the Breach of Contract, at its
sole expense, within 30 days after the delivery of written notice, the Party may exercise any
of the remedies as described in §12 for that Party. Notwithstanding any provision of this
Contract to the contrary, the State, in its discretion, need not provide notice or a cure period
and may immediately terminate this Contract in whole or in part or institute any other
remedy in the Contract in order to protect the public interest of the State; or if Contractor is
debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not
provide notice or cure period and may terminate this Contract in whole or in part or institute
any other remedy in this Contract as of the date that the debarment or suspension takes
effect.
12. Remedies
A. State’s Remedies
If Contractor is in breach under any provision of this Contract and fails to cure such
breach, the State, following the notice and cure period set forth in §11, shall have all of the
remedies listed in this section in addition to all other remedies set forth in this Contract or at
law. The State may exercise any or all of the remedies available to it, in its discretion,
concurrently or consecutively.
Ǥ
In the event of Contractor’s uncured breach, the State may terminate this entire
Contract or any part of this Contract. Contractor shall continue performance of this Contract
to the extent not terminated, if any.
Ǥ
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To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice, and shall
terminate outstanding orders and subcontracts with third parties. However, Contractor shall
complete and deliver to the State all Work not cancelled by the termination notice, and may
incur obligations as necessary to do so within this Contract’s terms. At the request of the
State, Contractor shall assign to the State all of Contractor’s rights, title, and interest in and
to such terminated orders or subcontracts. Upon termination, Contractor shall take timely,
reasonable and necessary action to protect and preserve property in the possession of
Contractor but in which the State has an interest. At the State’s request, Contractor shall
return materials owned by the State in Contractor’s possession at the time of any
termination. Contractor shall deliver all completed Work Product and all Work Product that
was in the process of completion to the State at the State’s request.
Ǥ
Notwithstanding anything to the contrary, the State shall only pay Contractor for
accepted Work received as of the date of termination. If, after termination by the State, the
State agrees that Contractor was not in breach or that Contractor’s action or inaction was
excusable, such termination shall be treated as a termination in the public interest, and the
rights and obligations of the Parties shall be as if this Contract had been terminated in the
public interest under §2.E.
Ǥ
Notwithstanding any other remedial action by the State, Contractor shall remain liable
to the State for any damages sustained by the State in connection with any breach by
Contractor, and the State may withhold payment to Contractor for the purpose of mitigating
the State’s damages until such time as the exact amount of damages due to the State from
Contractor is determined. The State may withhold any amount that may be due Contractor as
the State deems necessary to protect the State against loss including, without limitation, loss
as a result of outstanding liens and excess costs incurred by the State in procuring from third
parties replacement Work as cover.
Ǥ
The State, in its discretion, may exercise one or more of the following additional
remedies:
Ǥ
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Suspend Contractor’s performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Contractor to an
adjustment in price or cost or an adjustment in the performance schedule. Contractor shall
promptly cease performing Work and incurring costs in accordance with the State’s directive,
and the State shall not be liable for costs incurred by Contractor after the suspension of
performance.
Ǥ
Withhold payment to Contractor until Contractor corrects its Work.
Ǥ
Deny payment for Work not performed, or that due to Contractor’s actions or
inactions, cannot be performed or if they were performed are reasonably of no value to the
state; provided, that any denial of payment shall be equal to the value of the obligations not
performed.
Ǥ
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property
right, Contractor shall, as approved by the State, (i) secure that right to use such Work for
the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so
that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount
paid for such Work to the State.
B. Contractor’s Remedies
If the State is in breach of any provision of this Contract and does not cure such
breach, Contractor, following the notice and cure period in §11 and the dispute resolution
process in §14, shall have all remedies available at law and equity.
13. State’s Right of Removal
The State retains the right to demand, at any time, regardless of whether Contractor
is in breach, the immediate removal of any of Contractor’s employees, agents, or
subcontractors from the work whom the State, in its sole discretion, deems incompetent,
careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to
this Contract is deemed by the State to be contrary to the public interest or the State’s best
interest.
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14. Dispute Resolution
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance
of this Contract which cannot be resolved by the designated Contract representatives shall be
referred in writing to a senior departmental management staff member designated by the
State and a senior manager designated by Contractor for resolution.
B. Resolution of Controversies
If the initial resolution described in §14.A fails to resolve the dispute within 10
Business Days, Contractor shall submit any alleged breach of this Contract by the State to the
Procurement Official of CDHS as described in §24-102-202(3), C.R.S. for resolution in
accordance with the provisions of §24-106-109, C.R.S., and §§24-109-101.1 through 24-109-
505, C.R.S., (the “Resolution Statutes”), except that if Contractor wishes to challenge any
decision rendered by the Procurement Official, Contractor’s challenge shall be an appeal to
the Executive Director of the Department of Personnel and Administration, or their delegate,
under the Resolution Statutes before Contractor pursues any further action as permitted by
such statutes. Except as otherwise stated in this Section, all requirements of the Resolution
Statutes shall apply including, without limitation, time limitations.
15. Notices and Representatives
Each individual identified on the Signature and Cover Pages shall be the principal
representative of the designating Party. All notices required or permitted to be given under
this Contract shall be in writing, and shall be delivered (A) by hand with receipt required, (B)
by certified or registered mail to such Party’s principal representative at the address set forth
on the Signature and Cover Pages for this Contract or (C) as an email with read receipt
requested to the principal representative at the email address, if any, set forth on the
Signature and Cover Pages for this Contract. If a Party delivers a notice to another through
email and the email is undeliverable, then, unless the Party has been provided with an
alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party’s principal representative at
the address set forth below. Either Party may change its principal representative or principal
representative contact information by notice submitted in accordance with this section
without a formal amendment to this Contract. Unless otherwise provided in this Contract,
notices shall be effective upon delivery of the written notice.
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16. Rights in Work Product and Other Information
A. Work Product
Ǥ
To the extent that the Work Product (or any portion of the Work Product) would not
be considered works made for hire under applicable law, Contractor hereby assigns to the
State, the entire right, title, and interest in and to copyrights in all Work Product and all
works based upon, derived from, or incorporating the Work Product; all copyright
applications, registrations, extensions, or renewals relating to all Work Product and all works
based upon, derived from, or incorporating the Work Product; and all moral rights or similar
rights with respect to the Work Product throughout the world. To the extent that Contractor
cannot make any of the assignments required by this section, Contractor hereby grants to the
State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display,
perform, transfer, distribute, sell, and create derivative works of the Work Product and all
works based upon, derived from, or incorporating the Work Product by all means and methods
and in any format now known or invented in the future. The State may assign and license its
rights under this license.
Ǥ
In addition, Contractor grants to the State (and to recipients of Work Product
distributed by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free,
irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import,
transfer, and otherwise utilize, operate, modify and propagate the contents of the Work
Product. Such license applies only to those patent claims licensable by Contractor that are
necessarily infringed by the Work Product alone, or by the combination of the Work Product
with anything else used by the State.
Ǥ
Whether or not Contractor is under contract with the State at the time, Contractor
shall execute applications, assignments, and other documents, and shall render all other
reasonable assistance requested by the State, to enable the State to secure patents,
copyrights, licenses and other intellectual property rights related to the Work Product. To the
extent that Work Product would fall under the definition of “works made for hire” under 17
U.S.C.S. §101, the Parties intend the Work Product to be a work made for hire. Contractor
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assigns to the State and its successors and assigns, the entire right, title, and interest in and
to all causes of action, either in law or in equity, for past, present, or future infringement of
intellectual property rights related to the Work Product and all works based on, derived from,
or incorporating the Work Product.
B. Exclusive Property of The State
Except to the extent specifically provided elsewhere in this Contract, all State
Records, documents, text, software, (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures,
drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and
information provided by or on behalf of the State to Contractor are the exclusive property of
the State (collectively, “State Materials”). Contractor shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the
performance of Contractor’s obligations in this Contract without the prior written consent of
the State. Upon termination of this Contract for any reason, Contractor shall provide all
Work Product and State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio
and/or video, and third-party materials, delivered by Contractor under the Contract, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor
Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a
State approved license agreement:
i. entered into as exhibits to this Contract;
ii. obtained by the State from the applicable third-party vendor; or
iii. in the case of open source software, the license terms set forth in the
applicable open source license agreement.
17. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $100,000 or
greater, either on the Effective Date or at any time thereafter, this section shall apply.
Contractor agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-
206, 24-106-106, and 24-106-107, C.R.S. regarding the monitoring of vendor performance and
the reporting of contract performance information in the State’s contract management
system (“Contract Management System” or “CMS”). Contractor’s performance shall be subject
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to evaluation and review in accordance with the terms and conditions of this Contract,
Colorado statutes governing CMS, and State Fiscal Rules and State Controller Policies.
18. General Provisions
A. Assignment
Contractor’s rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Contractor’s rights and obligations approved by the State shall be subject to the provisions of
this Contract.
B. Subcontracts
Unless other restrictions are required elsewhere in this Contract, Contractor shall not
enter into any subcontract in connection with its obligations under this Contract without
providing notice to the State. The State may reject any such subcontract, and Contractor
shall terminate any subcontract that is rejected by the State and shall not allow any
Subcontractor to perform any Work after that Subcontractor’s subcontract has been rejected
by the State. Contractor shall submit to the State a copy of each such subcontract upon
request by the State. All subcontracts entered into by Contractor in connection with this
Contract shall comply with all applicable federal and state laws and regulations, shall provide
that they are governed by the laws of the State of Colorado, and shall be subject to all
provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §18.A., all provisions of this Contract, including the
benefits and burdens, shall extend to and be binding upon the Parties’ respective successors
and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of
this Contract and the performance of such Party’s obligations have been duly authorized.
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E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and
shall not be used to interpret, define, or limit its provisions. All references in this Contract to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of
which shall be deemed to be an original, but all of which, taken together, shall constitute one
and the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the
Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Contract. Prior or contemporaneous additions,
deletions, or other changes to this Contract shall not have any force or effect whatsoever,
unless embodied herein.
H. Digital Signatures
If any signatory signs this Contract using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall
only be effective if agreed to in a formal amendment to this Contract, properly executed and
approved in accordance with applicable Colorado State law and State Fiscal Rules.
Modifications permitted under this Contract, other than contract amendments, shall conform
to the policies issued by the Colorado State Controller.
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J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy
or other authority shall be interpreted to refer to such authority then current, as may have
been changed or amended since the Effective Date of this Contract.
K. Order of Precedence
In the event of a conflict or inconsistency between this Contract and any Exhibits or
attachments such conflict or inconsistency shall be resolved by reference to the documents in
the following order of priority:
i. HIPAA Business Associate Agreement (if any).
ii. Federal Provisions (if any).
iii. Colorado Special Provisions in §19 of the main body of this Contract.
iv. Information Technology Provisions Exhibit (if any).
v. The provisions of the other sections of the main body of this Contract.
vi. PII Certification (if any)
vii. Any other Exhibit(s) shall take precedence in alphabetical order.
L. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor’s or a
Subcontractor’s website or any provision incorporated into any click-through or online
agreements related to the Work unless that provision is specifically referenced in this
Contract.
M. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the
validity or enforceability of any other provision of this Contract, which shall remain in full
force and effect, provided that the Parties can continue to perform their obligations under
this Contract in accordance with the intent of the Contract.
N. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination
or expiration of the Contract shall survive the termination or expiration of the Contract and
shall be enforceable by the other Party.
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O. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C.,
Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and
from State and local government sales and use taxes under §§39-26-704(1), et seq. C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable
for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Contractor. Contractor shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that
Contractor may wish to have in place in connection with this Contract.
P. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §18.A., this
Contract does not and is not intended to confer any rights or remedies upon any person or
entity other than the Parties. Enforcement of this Contract and all rights and obligations
hereunder are reserved solely to the Parties. Any services or benefits which third parties
receive as a result of this Contract are incidental to the Contract, and do not create any
rights for such third parties.
Q. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this
Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall
any single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
R. Cora Disclosure
To the extent not prohibited by federal law, this Contract and the performance
measures and standards required under §24-106-107, C.R.S., if any, are subject to public
release through the CORA.
S. Standard and Manner of Performance
Contractor shall perform its obligations under this Contract in accordance with the
highest standards of care, skill and diligence in Contractor’s industry, trade, or profession.
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T. Licenses, Permits, and Other Authorizations.
Contractor shall secure, prior to the Effective Date, and maintain at all times during
the term of this Contract, at its sole expense, all licenses, certifications, permits, and other
authorizations required to perform its obligations under this Contract, and shall ensure that
all employees, agents and Subcontractors secure and maintain at all times during the term of
their employment, agency or subcontract, all licenses, certifications, permits and other
authorizations required to perform their obligations in relation to this Contract.
U. Indemnification
Ǥ
This entire §18.U does not apply to Contractor if Contractor is a “public entity” within
the meaning of the GIA.
Ǥ
Contractor shall indemnify, save, and hold harmless the State, its employees, agents
and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims,
damages, liabilities, court awards and other amounts (including attorneys’ fees and related
costs) incurred by any of the Indemnified Parties in relation to any act or omission by
Contractor, or its employees, agents, Subcontractors, or assignees in connection with this
Contract.
Ǥ
Disclosure or use of State Confidential Information by Contractor in violation of §8 may
be cause for legal action by third parties against Contractor, the State, or their respective
agents. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against
any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and
costs) incurred by the State in relation to any act or omission by Contractor, or its employees,
agents, assigns, or Subcontractors in violation of §8.
Ǥ
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against
any and all costs, expenses, claims, damages, liabilities, and other amounts (including
attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that
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any Deliverable, Good or Service, software, or Work Product provided by Contractor under
this Contract (collectively, “IP Deliverables”), or the use thereof, infringes a patent,
copyright, trademark, trade secret, or any other intellectual property right. Contractor’s
obligations hereunder shall not extend to the combination of any IP Deliverables provided by
Contractor with any other product, system, or method, unless the other product, system, or
method is (a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by
Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP
Deliverables in its intended manner and the infringement could not have been avoided by
substituting another reasonably available product, system, or method capable of performing
the same function; or (d) is reasonably expected to be used in combination with the IP
Deliverables.
Ǥ
a. Contractor shall comply with and the Work Product provided
under this Contract shall be in compliance with all applicable
provisions of §§24-85-101, et seq., C.R.S., and the Accessibility
Standards for Individuals with a Disability , as established by
the Governor’s Office of Information Technology (OIT), pursuant
to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply
with all State of Colorado technology standards related to
technology accessibility and with Level AA of the most current
version of the Web Content Accessibility Guidelines (WCAG),
incorporated in the State of Colorado technology standards.
b. The State may require Contractor’s compliance to the State’s
Accessibility Standards to be determined by a third party
selected by the State to attest to Contractor’s Work Product and
software is in compliance with §§24-85-101, et seq., C.R.S., and
the Accessibility Standards for Individuals with a Disability as
established by the Office of Information Technology pursuant to
Section §24-85-103 (2.5), C.R.S.
c. Accessibility Indemnification: Contractor shall indemnify, save,
and hold harmless the state, its employees, agents and assignees
(collectively, the “Indemnified Parties”), against any and all
costs, expenses, claims, damages, liabilities, court awards and
other amounts (including attorneys’ fees and related costs)
incurred by any of the Indemnified Parties in relation to
Contractor’s failure to comply with §§24-85-101, et seq., C.R.S.,
or the Accessibility Standards for Individuals with a
Disability as established by the Office of Information
Technology pursuant to Section §24-85-103 (2.5), C.R.S.
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V. Other
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Contractor shall comply with all State and, if Federal funding is involved, Federal law,
regulations, executive orders, State and Federal Awarding Agency policies, procedures,
directives, and reporting requirements at all times during the term of this Contract.
19. Colorado Special Provisions (Colorado Fiscal Rule 3-3)
These Special Provisions apply to all contracts except where noted in {grey highlighted
braces}.
A. Statutory Approval. i24-30-202(1), C.R.S.
This Contract shall not be valid until it has been approved by the Colorado State
Controller or designee. If this Contract is for a Major Information Technology Project, as
defined in §24-37.5-102(2.6), C.R.S., then this Contract shall not be valid until it has been
approved by the State’s Chief Information Officer or designee.
B. Fund Availability. i24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
C. Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of
the State, its departments, boards, commissions committees, bureaus, offices, employees and
officials shall be controlled and limited by the provisions of the Colorado Governmental
Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch.
171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq.
C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
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D. Independent Contractor.
Contractor shall perform its duties hereunder as an independent contractor and not as
an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to
be an agent or employee of the State. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly
set forth herein. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for
or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor shall pay when due all applicable employment taxes and income taxes and local
head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force
workers’ compensation and unemployment compensation insurance in the amounts required
by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible
for its acts and those of its employees and agents.
E. Compliance With Law.
Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable
to discrimination and unfair employment practices.
F. Choice of Law, Jurisdiction, and Venue.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. Prohibited Terms.
Any term included in this Contract that requires the State to indemnify or hold
Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s
liability for damages resulting from death, bodily injury, or damage to tangible property; or
that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract
shall be construed as a waiver of any provision of §24-106-109, C.R.S.
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H. Software Piracy Prohibition.
State or other public funds payable under this Contract shall not be used for the
acquisition, operation, or maintenance of computer software in violation of federal copyright
laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during
the term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this Contract, including, without limitation,
immediate termination of this Contract and any remedy consistent with federal copyright
laws or applicable licensing restrictions.
I. Employee Financial Interest/Conflict of Interest. ii24-18-201 and 24-
50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any
personal or beneficial interest whatsoever in the service or property described in this
Contract. Contractor has no interest and shall not acquire any interest, direct or indirect,
that would conflict in any manner or degree with the performance of Contractor’s services
and Contractor shall not employ any person having such known interests.
J. Vendor Offset and Erroneous Payments. ii24-30-202(1) and 24-30-
202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5),
C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept
system for debts owed to State agencies for:
i. unpaid child support debts or child support arrearages;
ii. unpaid balances of tax, accrued interest, or other charges specified in §§39-
21-101, et seq., C.R.S.;
iii. unpaid loans due to the Student Loan Division of the Department of Higher
Education;
iv. amounts required to be paid to the Unemployment Compensation Fund; and
v. other unpaid debts owing to the State as a result of final agency
determination or judicial action. The State may also recover, at the State’s
discretion, payments made to Contractor in error for any reason, including,
but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Contractor by deduction from subsequent
payments under this Contract, deduction from any payment due under any
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other contracts, grants or agreements between the State and Contractor, or
by any other appropriate method for collecting debts owed to the State.
20. Department of Human Services Provisions
A. Exclusion, Debarment and/or Suspension
Contractor represents and warrants that Contractor, its employees, agents, assigns, or
Subcontractors, are not presently excluded from participation, debarred, suspended,
proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to
participate in a “federal health care program” as defined in 42 U.S.C. § 1320a-7b(f) or in any
other government payment program by any federal or State of Colorado department or
agency. If Contractor, its employees, agents, assigns, or Subcontractors, are excluded from
participation, or becomes otherwise ineligible to participate in any such program during the
term of this Contract, Contractor shall notify the State in writing within three (3) days after
such event. Upon the occurrence of such event, whether or not such notice is given to
Contractor, the State may immediately terminate this Contract.
B. Emergency Planning
If Contractor provides Work that is an extension of State work performed as part of
the State of Colorado Emergency Operations Plan or for a publicly funded safety net program,
as defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance
with the State’s Emergency Operations Plan or continuity of operations plan in the event of
an emergency. If requested, Contractor shall provide a plan and reporting information to
ensure compliance with the State’s Emergency Operations Plan and C.R.S. § 24-33.5-701 et
seq.
C. Restrictions On Public Benefits
If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 – 103 exactly as the
State is required to comply with C.R.S. §§ 24-76.5-101 – 103.
D. Discrimination
Contractor shall not:
i. discriminate against any person on the basis of gender, race, ethnicity,
religion, national origin, age, sexual orientation, gender identity,
citizenship status, education, disability, socio-economic status, or any
other identity.
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ii. exclude from participation in, or deny benefits to any qualified individual
with a disability, by reason of such disability.
Any person who thinks he/she has been discriminated against as related to the
performance of this Contract has the right to assert a claim, Colorado Civil Rights Division,
C.R.S. §24-34-301, et seq.
E. Criminal Background Check
Pursuant to C.R.S. §27-90-111 and CDHS Policy VI-2.4, any independent contractor,
and its agent(s), who is designated by the Executive Director or the Executive Director’s
designee to be a contracting employee under C.R.S. §27-90-111, who has direct contact with
vulnerable persons in a state-operated facility, or who provides state-funded services that
involve direct contact with vulnerable persons in the vulnerable person’s home or residence,
shall:
i. submit to and successfully pass a criminal background check, and
ii. report any arrests, charges, or summonses for any disqualifying offense as
specified by C.R.S. §27-90-111 to the State.
Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS
Policy VI-2.4, may, at the sole discretion of the State, be suspended or terminated.
F. Fraud Policy
Contractor shall comply with the current CDHS Fraud Policy.
G. C-Stat - Performance Based Program Analysis and Management Strategy
(C-Stat Strategy)
Without any additional cost to the State, Contractor shall collect and maintain
Contract performance data, as determined solely by the State. Upon request, Contractor
shall provide the Contract performance data to the State. This provision does not allow the
State to impose unilateral changes to performance requirements.
H. COVID-19 Pandemic
CDHS operates many facilities across the State and with regard to the COVID-19
Pandemic, Contractor may be subject to local or state public health orders, Department
policy, individual facility policy, or any other requirement that could impose additional
requirements on the Contractor. If so, Contractor shall promptly comply upon notice.
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21. Third Party Certification for Access to PII Through a Database or
Automated Network
Pursuant to § 24-74-105, C.R.S, if Contractor is to be granted access to Personal
Identifying Information through a database or automated network that is not publicly
available information, Contractor certifies, and will certify annually, under penalty of perjury
that Contractor has not and will not use or disclose any Personal Identifying Information, as
defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in,
cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of
civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is
codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or
State law, or to comply with a court-issued subpoena, warrant or order.
If Contractor’s agents, employees, assigns or Subcontractors require certification
pursuant to § 24-74-105, C.R.S., Contractor shall require annually that its agents, employees,
assigns or Subcontractors sign and date the following certifications as applicable, which shall
be made available to the State upon request:
For an individual: Pursuant to § 24-74-105, C.R.S., I hereby certify under the
penalty of perjury that I have not and will not use or disclose any Personal Identifying
Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for,
participating in, cooperating with, or assisting Federal Immigration Enforcement,
including the enforcement of civil immigration laws, and the Illegal Immigration and
Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless
required to do so to comply with Federal or State law, or to comply with a court-
issued subpoena, warrant or order.
For and entity/organization: Pursuant to § 24-74-105, C.R.S., I,
_________________, on behalf of __________________________ (legal name of entity
/ organization) (the “Organization”), hereby certify under the penalty of perjury that
the Organization has not and will not use or disclose any Personal Identifying
Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for,
participating in, cooperating with, or assisting Federal Immigration Enforcement,
including the enforcement of civil immigration laws, and the Illegal Immigration and
Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless
required to do so to comply with Federal or State law, or to comply with a court-
issued subpoena, warrant or order.
I hereby represent and certify that I have full legal authority to execute this
certification on behalf of the Organization.
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22. Federal Provisions
A. Applicability of Provisions.
i. This Federal Provisions section shall apply in the event that the Contract is
funded, in whole or in part, with an Award of Federal funds. Contractor
shall confirm with their CDHS Contact for their Contract if this Contract is
funded in whole or in part by federal funds. Where Federal funds are not
used to fund this Contract, then this Federal Provisions section shall not
apply, but remains in this Contract due to the template nature of this
Contract.
ii. If the Contract is funded in whole or in part with Federal funds, and in the
event of a conflict between this Federal Provisions section, the Special
Provisions, the body of the Contract, or any attachments or exhibits made a
part of the Contract, the provisions of this Federal Provisions section shall
control. Exceptions to this are as follows:
a. If the Supplemental Provisions for Federal Awards Exhibit is attached
to this Contract, then in the event of a conflict amongst provisions,
the Supplemental Provisions for Federal Awards exhibit shall control
over the provisions of this Federal Provisions section.
b. If the SLFRF Subrecipient Provisions Exhibit is attached to this
Contract, then in the event of a conflict amongst provisions, the
SLFRF Subrecipient Provisions Exhibit shall control over the
provisions of this Federal Provisions section.
B. Compliance.
i. Contractor shall comply with all applicable provisions of the Transparency
Act (the Federal Funding Accountability and Transparency Act of 2006
[Public Law 109-282], as amended by section 6202 of Public Law 110-252)
all applicable provisions of the Uniform Guidance, and the regulations
issued pursuant thereto, including but not limited to these federal
Provisions. Any revisions to such provisions or regulations shall
automatically become a part of these Federal Provisions, without the
necessity of either party executing any further instrument. The State of
Colorado may provide written notification to Contractor of such revisions,
but such notice shall not be a condition precedent to the effectiveness of
such revisions.
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C. System for Award Management (SAM) and Unique Entity Id Requirements.
i. SAM. Contractor shall maintain the currency of its information in SAM until
the Contractor submits the final financial report required under the Award
or receives final payment, whichever is later. Contractor shall review and
update SAM information at least annually after the initial registration, and
more frequently if required by changes in its information.
ii. Unique Entity ID. Contractor shall provide its Unique Entity ID to its
Recipient, and shall update Contractor’s information at
http://www.sam.gov at least annually after the initial registration, and
more frequently if required by changes in Contractor’s information.
D. Contract Provisions Required by Uniform Guidance Appendix II To Part
200.
i. Contracts for more than the simplified acquisition threshold, which is the
inflation adjusted amount determined by the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or
legal remedies in instances where contractors violate or breach contract
terms, and provide for such sanctions and penalties as appropriate. The
simplified acquisitions threshold is $250,000
ii. All contracts in excess of $10,000 must address termination for cause
and for convenience by the non-Federal entity including the manner by
which it will be effected and the basis for settlement.
iii. Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of “federally assisted
construction contract” in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive
Order 11375, “Amending Executive Order 11246 relating to Equal
Employment Opportunity,” and implementing regulations at 41 CFR Part 60,
“Office of federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor.”
iv. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of
$2,000 awarded by non-Federal entities must include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148)
as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction”). In accordance with the statute, contractors
must be required to pay wages to laborers and mechanics at a rate not less
than the prevailing wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors must be required to pay wages
not less than once a week. The non-Federal entity must place a copy of the
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current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be
conditioned upon the acceptance of the wage determination. The non-
Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in Part by Loans or Grants from the United States”). The Act
provides that each contractor or subrecipient must be prohibited from
inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal
awarding agency.
v. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708).
Where applicable, all contracts awarded by the non-Federal entity in excess
of $100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute
the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and
a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
vi. Rights to Inventions Made Under a Contract or Agreement. If the Federal
award meets the definition of “funding agreement” under 37 CFR § 401.2
(a) and the recipient or subrecipient wishes to enter into a contract with a
small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or
research work under that “funding agreement,” the recipient or
subrecipient must comply with the requirements of 37 CFR Part 401,
“Rights to Inventions Made by Nonprofit Organizations and Small Business
Firms Under Government Grants, Contracts and Cooperative Agreements,”
and any implementing regulations issued by the awarding agency.
vii. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal Water Pollution
Control Act (33 U.S.C. 1251-1387), as amended - Contracts and subgrants
of amounts in excess of $150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
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1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
viii. Debarment and Suspension (Executive Orders 12549 and 12689) - A
contract award (see 2 CFR 180.220) must not be made to parties listed on
the government wide exclusions in the System for Award Management
(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
ix. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or
bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the non-Federal award.
x. Prohibition on certain telecommunications and video surveillance
services or equipment §2 CFR 200.216
a. Recipients and sub recipients are prohibited from obligating or
expending loan or grant funds to:
1) Procure or obtain;
2) Extend or renew a contract to procure or obtain; or
3) Enter into a contract (or extend a contract) to procure or obtain
equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as
part of any system. As described in Public Law 115-232, section
889, covered telecommunications equipment is
telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
xi. Contracts with small and minority businesses, women’s business
enterprises, and labor surplus area firms. (2 CFR §200.321). The non-
Federal entity must take all necessary affirmative steps to assure that
minority businesses, women’s business enterprises, and labor surplus area
firms are used when possible.
xii. Domestic preferences for procurements. (2 CFR §200.322) As appropriate
and to the extent consistent with law, the non-Federal entity should, to the
greatest extent practicable under a Federal award, provide a preference
for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum,
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steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and
purchase orders for work or products under this award.
xiii. Procurement of recovered materials. (2 CFR §200.323) A non-Federal
entity that is a state agency or agency of a political subdivision of a state
and its contractors must comply with section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition, where the
purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
E. Termination for Convenience of the Government
i. Pursuant to §4.2 of these Federal Provisions, the State of Colorado may
terminate this contract, in whole or in part, when it is in the Government’s
interest. Solicitations and contracts shall include clauses as required by FAR
49.502 (2023). Termination for convenience of the government shall
comply with the following provisions of the Federal Acquisition Regulations:
a. For Fixed Price Contracts: FAR 52.249-2 (2023)
b. For Contracts for Personal Services: FAR 52.249-12 (2023)
c. For Construction Contracts for Dismantling, Demolition, or
Removal of Improvements: FAR 52.249-3 (2023)
d. For Educational and Other Nonprofit Institutions: FAR 52.249-5
(2023)
F. Event of Default.
i. Failure to comply with these Federal Provisions shall constitute an event of
default under the Contract and the State of Colorado may terminate the
Contract upon 30 days prior written notice if the default remains uncured
five calendar days following the termination of the 30 day notice period.
This remedy will be in addition to any other remedy available to the State
of Colorado under the Contract, at law or in equity.
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23. Sample Option Letter
SAMPLE OPTION LETTER (If Applicable)
1. State Agency
[Insert Department’s or IHE’s Full Legal
Name]
2. Contractor
[Insert Contractor’s Full Legal Name,
including “Inc.”, “LLC”, etc...]
3. Current Contract Maximum
Amount
Initial Term
[State Fiscal Year 20xx $0.00]
Extension Terms
[ State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00]
Total for All State Fiscal Years [$0.00]
Option Letter Number
[Insert the Option Number (e.g. “1” for the first
option)]
4. Original Contract Number
[Insert CMS number or Other Contract Number of
the Original Contract]
5. Option Contract Number
[Insert CMS number or Other Contract Number of
this Option]
Contract Performance Beginning Date
[Month Day, Year]
Current Contract Expiration Date
[Month Day, Year]
1. Options:
x Option to extend for an Extension Term
x Option to change the quantity of Goods under the Contract
x Option to change the quantity of Services under the Contract
x Option to modify Contract rates
x Option to initiate next phase of the Contract
x Required Provisions:
A. %For use with Option 1(A):% In accordance with Section(s) [Number] of the Original
Contract referenced above, the State hereby exercises its option for an additional
term, beginning [Insert start date] and ending on the current contract expiration date
shown above, at the rates stated in the Original Contract, as amended.
B. %For use with Options 1(B and C):% In accordance with Section(s) [Number] of the
Original Contract referenced above, the State hereby exercises its option to
[Increase/Decrease] the quantity of the [Goods/Services or both] at the rates stated in
the Original Contract, as amended.
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11/12/24
C. %For use with Option 1(D):% In accordance with Section(s) [Number] of the Original
Contract referenced above, the State hereby exercises its option to modify the
Contract rates specified in [Exhibit/Section] [Number/Letter]. The Contract rates
attached to this Option Letter replace the rates in the Original Contract as of the
Option Effective Date of this Option Letter.
D. %For use with Option 1(E):% In accordance with Section(s) [Number] of the Original
Contract referenced above, the State hereby exercises its option to initiate Phase
[indicate which Phase: 2, 3, 4, etc.,] which shall begin on [Insert start date] and end
on [Insert ending date] at the cost/price specified in Section [Number].
E. %For use with all Options that modify the Contract Maximum Amount:% The
Contract Maximum Amount table on the Contract’s Signature and Cover Page is hereby
deleted and replaced with the Current Contract Maximum Amount table shown above.
x OPTION EFFECTIVE DATE:
The effective date of this Option Letter is upon approval of the State Controller [or [_____],
whichever is later].
Sample Only – Do Not Sign
Signature page begins on next page.
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11/12/24
STATE OF COLORADO
Jared Polis, Governor
[INSERT-Name of Agency or IHE]
[INSERT-Name & Title of Head of Agency or
IHE]
By: Name & of Title Person Signing for Agency
or IHE
Date: _______________
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: Telly Belton/Toni Williamson/Amanda
Rios
Option Effective Date: _______________
In accordance with §24-30-202 C.R.S., this
Option is not valid until signed and dated
above by the State Controller or an
authorized delegate.
Sample Only – Do Not Sign
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Exhibit A
Page 1 of 12
Exhibit A – Statement of Work
Article 1
Purpose and Target Population
1.1 Purpose
Co-Responder Programs (“Programs”) create and foster partnerships between behavioral
health professionals and law enforcement, (which may include other first responders if
necessary). Co-Responder Programs identify calls for police service where behavioral
health (mental health and/or substance use) appear to be a relevant factor and then
provide effective responses to individuals in crisis and those with behavioral health needs.
The law enforcement officer and the behavioral health specialist’s combined expertise
aims to improve de-escalation of situations, deflect individuals away from involvement
with the criminal justice system and/or unnecessary hospitalization, and link them to
appropriate services.
Taking population density and other available resources into consideration, the program
and team structure varies between locations to best meet the needs of the community
and the partnering agencies. There are generally two approaches, a primary or secondary
response model. A primary response is that which the clinician is paired with an officer for
joint response, and typically the officer’s time is dedicated to the program; Secondary
response is that which the clinician responds to requests from officers or dispatch and is
not generally paired directly with an officer.
The purpose of this project is to create, sustain, or expand Co-Responder Programs, which
dispatch behavioral health Co-Responders along with law enforcement, or provide a joint
secondary response on calls for service wherein behavioral health appears to be a relevant
factor. The behavioral health provider can provide assessment, crisis intervention
services, and referrals on scene. They may also provide follow-up and connections to
additional resources when necessary.
1.2 Target Population
Individuals who have been brought to the attention of law enforcement and appear to be
experiencing a behavioral health crisis or who have other behavioral health needs, as
determined by the awarded Contractor and their Program policies. This includes
individuals at risk for low-level offenses, misdemeanor crimes, and individuals who have
had repeated contact with law enforcement. The awarded Contractor may expand
eligibility criteria to meet specific community needs.
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Article 2
Definitions and Acronyms
2.1 “BAA” means Business Associate Agreement, as defined in Exhibit C - HIPAA Business
Associate Addendum - Qualified Service Organization Addendum.
2.2 “BHA” means Behavioral Health Administration established in Section 27-50-102,
C.R.S.
2.3 “CDHS” means Colorado Department of Human Services which is the principal
department of the Colorado state government that operates the state's social services.
2.4 “Co-Responder Program” means Co-Responder Programs, which dispatch behavioral
health Co-Responders along with law enforcement, or provide a joint secondary
response on calls for service wherein behavioral health appears to be a relevant
factor.
2.5 “Contract” means this statement of work, including all other Exhibits associated with
this Request for Applications (RFA). Hereinto incorporated by reference, all
referenced statutes, rules and cited authorities, and any future modifications thereto.
2.6 “Contractor” means the awarded party with whom the BHA will enter into an
agreement.
2.7 “Critical Incident” means a situation in which death, physical assault and/or serious
injuries are sustained by Program staff or clients that occurs during a Co-Responder
intervention or response.
2.8 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996.
2.9 “Program” means Co-Responder program.
2.10 “Program/Project Manager” means the person responsible and accountable
for managing the Contractor’s Co-Responder Program.
2.11 “Program Coordination Group” means the group that oversees the Program’s
implementation and progress.
2.12 “RNR” means the Risk-Need-Responsivity model of assessment and treatment to
determine risk of recidivism, criminogenic needs, and responsivity of interventions.
2.13 “Steering Committee” means the group responsible for guiding any changes or issues
around the implementation and development of the Program.
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Article 3
Activities and Services
3.1 Allowable Uses of Funding
The Contractor may use funds to support, with the approval of BHA, items including but
not limited to, the following:
(a) Program personnel, project management and community engagement.
(b) Temporary services and treatments necessary to stabilize a participant’s condition,
including necessary housing.
(c) Outreach.
(d) Direct costs for services.
(e) Specialized program training.
(f) Dedicated law enforcement resources, including overtime required for
participation in operational meetings and training.
(g) Training and technical assistance from experts in the implementation of Co-
Responder Services Programs in other jurisdictions.
(h) Collecting and maintaining the data necessary for program evaluation.
3.2 Work Plan
(a) The Contractor shall provide BHA with a Work Plan as part of the application, using
the BHA-provided template, for review and approval. See RFA Exhibit G - Co-
Responder Work Plan document.
(b) The Contractor shall meet with BHA monthly to review progress on the work plan.
(c) An updated Work Plan must be submitted on an annual basis, at a minimum, for
review and approval.
i. Report Title: Revised Work Plan
ii. Deadline: Due 30 days from Contract Effective Date and annually thereafter
iii. Deliverables: Program Manager shall provide email address during contract
execution process
3.3 The Contractor shall respond to communications from the BHA within five (5) calendar
days.
3.4 Start-up Period for Project Development
The Contractor shall be permitted a start-up period of up to three (3) months from the
date of execution of the contract. At the end of this period, the Contractor shall be
expected to have all required program partnerships and contracts finalized and be ready
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to begin program operations. If the Contractor is unable to implement the program within
three months’ time, the Contractor will be placed on a performance improvement plan
and the Contractor shall work with BHA on drafting and meeting this performance
improvement plan.
3.5 Steering Committee
(a) The Contractor shall develop and maintain a Steering Committee to oversee the
implementation and ongoing development of the Program for the duration of the
Contract term. The Steering Committee shall meet at least biannually to discuss,
problem-solve and/or guide any changes or issues around the implementation and
ongoing development of the Program. The Steering Committee shall include high-
level, decision-making representatives from each of the key local stakeholder
disciplines listed below:
i. Lead law enforcement agency representative.
ii. Behavioral health service provider representative.
iii. Impacted individual and/or consumer or family member.
iv. Local hospital representative and;
v. Crisis Services representative.
(b) The Contractor shall also include other entities in the Steering Committee, which in
its determination, are integral to the success of the Program. Entities may include
prosecutors, jail administrators, advocacy groups, and harm reduction agencies.
(c) The Steering Committee shall be charged with the following:
i. To perform an initial examination of the nature of the problem to help
develop the Program’s objectives and design.
ii. To consider how the Program relates to other local criminal justice or
behavioral health partnerships that may be in place or are in the process of
being established.
iii. To support a forum for planning decisions during the implementation phase,
and to provide ongoing leadership, problem-solving and design modifications
throughout the life of the Program.
iv. To designate appropriate staff to make up a Program Coordination Group.
v. To identify any barriers to the Program’s success and help reduce and
resolve the impacts of barriers on the Program (such as identification of
facilities).
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vi. To develop procedures to ensure that essential information is shared in an
appropriate and timely manner.
1) Report Title: Steering Committee & Program Coordination Group
Rosters
2) Deadline: Sixty (60) days after contract execution and as updated
3) Deliverables: cdhs_bhadeliverables@state.co.us
3.6 Program Coordination Group
(a) The Contractor shall develop and maintain a Program Coordination Group to guide
and support the Program operations. If the creation of two separate groups is
unrealistic due to workforce and/or resource limitations, this Program
Coordination Group may be the same as the Steering Committee.
(b) The Program Coordination Group shall:
i. Oversee officer and Program training implementation, as specified in Article
3.11 below.
ii. Measure the Program’s progress toward achieving stated goals.
iii. Resolve ongoing challenges to the Program’s effectiveness; and
iv. Inform agency leaders and other policymakers of Program costs,
developments, and progress.
(c) The Contractor shall designate a law enforcement Program Champion within each
partnering law enforcement agency to serve as the agency’s representative on the
Program Coordination Group.
1) Report Title: Steering Committee & Program Coordination Group
Rosters
2) Deadline: Sixty (60) days after contract execution and as updated
3) Deliverables: cdhs_bhadeliverables@state.co.us
3.7 Program Manager
The Contractor shall select a Program/Project Manager (“Manager”), and establish the
Manager’s role, responsibilities, and authority, which shall include support of the Steering
Committee and the Program Coordination Group. The Program Manager is the point person
for BHA through the life of the contract. The Contractor shall communicate via email to
BHA any changes to the Manager’s contact information within one business day of change.
3.8 Project Director
Contractor shall identify a Project Director who is employed by the Contractor and has
decision making authority for the Contractor. The Project Director holds overall
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responsibility for ongoing program administration and fiscal oversight initially and is the
point of contact for BHA through the contracting process, if awarded. The Contractor shall
communicate via email to BHA any changes to the Director’s contact information within
one business day of change
3.9 Partnership Agreements
The Contractor shall develop partnership agreements with other local criminal justice
agencies, behavioral health agencies or government agencies, to address any key
challenges inherent in multidisciplinary collaboration. Partnership agreements shall
include a description of how partners collectively identified the need for the project, and
individualized letters of support outlining each partner’s level of participation and
commitment in the Program, responsibilities to the Program (policy and/or operational),
resources they will contribute, and processes in collecting and sharing data. The
Contractor, or any other party or partnership, does not have authority to negotiate or
enter into any agreements on behalf of CDHS or the BHA.
(a) Report Title: Partnership Agreement(s)
(b) Deadline: Upon execution of a partnership agreement(s)
(c) Deliverables: The Program Manager shall provide an email address during the
contract execution process
3.10 Data Sharing Agreements
The Contractor shall ensure a data-sharing Business Associates Agreement (“BAA”) is
developed and put in place between the partner agencies, as applicable by law. The data-
sharing agreement shall ensure that each partner agency complies with the terms of the
HIPAA-BAA and 42 CFR Part 2.
3.11 Program, Policies, and Procedures
(a) The Contractor shall develop and maintain Program policies and procedures,
subject to BHA review and approval.
(b) The Contractor shall submit a draft copy of each of the policies and procedures
required under this Section 3.10 (Program Policies and Procedures), to BHA for
review and comment. The Contractor shall work with BHA to resolve all comments
from BHA and incorporate any agreed revisions in the final policies and
procedures.
i. Report Title: Program Policies and Procedures Document
ii. Deadline: Draft document due to BHA ninety (90) days from Contract
Effective Date. Final document due to BHA thirty (30) days from reviewed
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draft sent from BHA to Contractor. Subsequent updates to policies and
procedures due to BHA within ten (10) days of changes
iii. Deliverables: Program Manager shall provide email address during contract
execution process.
(c) The Contractor shall ensure that specific policies and procedures are developed
and implemented for the following aspects of the Program.
i. Target Population and Eligibility Criteria
The Contractor shall identify the target population, develop eligibility
criteria, and develop Program policies to identify individuals who will be
referred to the Program. The Contractor shall ensure that the referrals
include individuals at risk for low-level offenses and misdemeanor crimes
and individuals who have had repeated contact with law enforcement. The
Contractor may expand eligibility criteria to meet specific community
needs.
ii. Call Taker and Dispatcher
The Contractor shall develop, or ensure the development of, policies and
procedures for call takers and dispatchers. These shall include, but are not
limited to:
1) The specific information call takers must gather from calls.
2) Policies specifying the means by which dispatchers are informed of
staffing patterns, including up to date information during shifts.
3) Clear definitions of the geographic coverage areas designated and
eligible for law enforcement and behavioral health Co-Responder calls.
(d) Stabilization, Observation, and Disposition
The Contractor shall develop policies and procedures to help guide law
enforcement officers and/or behavioral health Co-Responders resolve encounters
with the least restrictive environment appropriate for the circumstances.
(e) Transportation and Custodial Transfer
The Contractor shall develop policies and procedures to help guide effective and
efficient transportation and custodial transfers. The policies shall at a minimum:
i. Identify facilities capable of assuming custodial responsibility, which are
available at all times, have personnel qualified to conduct a behavioral
health evaluation, and do not turn away people brought by law
enforcement without specific reasons.
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ii. Establish resources to connect individuals with, including friends, family
members, peer support groups, or crisis centers, when available in non-
custodial situations.
iii. Engage the services of the individual’s current behavioral health provider or
a crisis team.
(f) Critical Incident Policy
Contractor shall develop and maintain a policy for review of critical incidents
(including death, physical assault and/or serious injuries sustained by Program
staff or clients) (“Critical Incidents”) that occur during a Program intervention or
response and adhere to Critical Incident Reporting in Section 3.18.
(g) Information Exchange and Confidentiality
The Steering Committee shall develop procedures to ensure that essential
information is shared in an appropriate manner. Information shall be shared in a
way that protects individuals’ confidentiality rights as treatment consumers and
constitutional rights as possible defendants. Individuals with behavioral health
disorders who have been in contact with a behavioral health agency should be
offered an opportunity to provide consent in advance for behavioral health
providers to share specified information with law enforcement authorities if an
incident occurs (sometimes called an advance directive).
3.12 Program Training and Cross-Training
(a) State Program Meeting Requirements.
The Contractor shall attend an orientation session (mandatory only in the
Contractor’s first year under the Program), monthly Program progress status
meetings with the BHA manager, and other required Program meetings and training
throughout the term of the Program.
i. Report Title: Monthly Program Progress Status meetings
ii. Deadline: Monthly (day and time shall be mutually agreed upon after
contract execution)
iii. Deliverables: Program Manager shall provide virtual meeting link upon
identifying mutually agreed upon day and time
(b) Contractor Training
The Contractor shall provide necessary training for Contractor’s Program to
include:
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i. Officer Training
The Contractor shall provide officer training to improve officers’ responses
to people with behavioral health needs and to educate officers on the
Program. The Contractor shall determine the amount of training necessary
to ensure, at a minimum, that there is a group of officers sufficient to
cover all time shifts and geographic districts.
ii. Cross-Training
The Contractor shall provide opportunities to behavioral health personnel
and other stakeholders to help improve cross-system understanding of
agencies’ roles and responsibilities, law enforcement issues, program
policies and procedures, information sharing, safety, and other
opportunities to see policies translated into action.
3.13 Service Area
The Contractor shall define the service area that best meets the community’s needs
and submit to BHA for approval.
3.14 Individualized Service Provision
The Contractor’s Program shall link individuals referred to or contacted by the
Program to community-based behavioral health supports and services, as appropriate.
3.15 The Non-Displacement of Resources
The Contractor shall ensure Program participants do not receive preferential access to
resources if it would prevent others on waitlists, or who had previously secured a
resource, from being served.
3.16 Evidence-Based Practices
The Contractor shall use evidence-based and promising practices within the screening
and service delivery structure, as appropriate, to support effective outcomes. The use
of a risk/need/responsivity (RNR) model is encouraged to assess various factors such as
substance use disorders, mental illness, cognitive or physical impairments, financial
issues, family dynamics, housing instability, developmental disabilities, low literacy
levels, and lack of reliable transportation, all of which may need to be addressed to
support success.
3.17 Staff Time Tracking and Invoicing
The Contractor shall ensure expenses and staff time are tracked and invoiced
separately for each Program or funding stream.
3.18 Subcontractor or Partnership Contract Execution and Termination
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The Contractor shall submit all their subcontract copies related to this project to
cdhs_bhadeliverables@state.co.us upon execution of the contract or within thirty (30)
days of subcontract execution. In the event of a termination of a partnership with a
subcontractor, such as a case management, service provider, or individuals providing
these services internally the Contractor shall transition to a new partnership no later
than thirty (30) days from termination to ensure continuity of care for all participants
of the Program. The Contractor shall communicate any subcontractor termination via
email to the BHA Program Manager within one (1) business day.
(a) Report Title: Subcontractor Executed Copies
(b) Deadline: Upon execution of subcontracts
(c) Deliverables: cdhs_bhadeliverables@state.co.us
3.19 Critical Incident Reporting
If a Critical Incident (including death, physical assault and/or serious injuries sustained
by Program staff or clients) occurs during a Co-Responder intervention or response,
the Contractor shall make the appropriate selection on the BHA data collection form
and inform the BHA Program Manager within three (3) days to determine any
additional actions.
3.20 Period of Performance
From contract execution - June 30, 2026. Potential renewal of contract is subject to
approval by the BHA Program Manager for each state fiscal year, if funding allows, and
is subject to compliance and contract performance. State fiscal years end on June
30th. New fiscal years begin July 1st.
Article 4
Minimum Qualifications
4.1 The Contractor shall create, sustain, or expand a Co-Responder program in the
community they serve.
4.2 The Contractor shall partner with behavioral health specialists to best meet the needs
of the community and partnering agencies, taking population density and other
available resources into consideration.
4.3 Behavioral health Co-Responders shall be dispatched along with law enforcement or
may provide a joint secondary response on these calls.
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4.4 The behavioral health provider shall offer assessment and crisis intervention services
at the scene, provide referral information to the individual, and provide follow-up,
when necessary.
4.5 The Contractor shall implement and maintain the Program for its community by
collaborating with key stakeholders to ensure service delivery, training, and resource
coordination.
4.6 The Contractor shall collect data, measure outcomes, and report Program outcomes to
the State to assist in determining the effectiveness of the Program.
(a) Report Title: Monthly data reporting
(b) Deadline: Fifteen (15) days after the end of the reporting month
(c) Deliverables: cdhs_bhadeliverables@state.co.us
Article 5
Deliverables
5.1 Deliverables Table
The Contractor shall provide the deliverables in accordance with the dates outlined in
the table below to cdhs_bhadeliverables@state.co.us, unless otherwise specified.
Deliverable deadlines occurring after contract end date are contingent upon contract
renewal. Deadlines may be altered administratively.
Deliverable (emailed to
cdhs_bhadeliverables@state.co.us)
Deadline Contract
Reference
Revised Work Plan Date and annually
A, SOW,
3.2
Policies and Procedures
Draft document due
ninety (90) days from
Contract Effective Date.
Final document due
thirty (30) days from
reviewed draft sent from
BHA to Contractor.
A, SOW,
3.10
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procedures due to BHA
ten (10) days of
.
agreement(s) copies 3.8
Progress Status Meeting 3.11
upon the contract
15) days after the end
A, SOW,
4.6
copies 3.17
Group Member and as updated 3.5 and
Article 6
Performance Outcome Measures
6.1 Measure: Number of referrals received and responded to by Program
Outcome Goal: Of the total number of Program referrals, 70% or more will receive a
response.
6.2 Measure: Number of calls that do not result in arrest.
Outcome Goal: Of the total number of active Co-Responder calls, 90% or more will not
result in arrest when there is no cause for mandatory arrest (at the discretion of the
officer).
6.3 Measure: Number of interventions, services and resource linkage provided to
individuals contacted by the Program.
Outcome Goal: Of the total number of individuals contacted, 70% will receive one or
more intervention, service, or linkage to resources.
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EXHIBIT B
BHA Program Co-Responder Program
Project Name LINC-EPPD (Larimer Interagency Network of Co-
Responders-Estes Park Police Department)
Annual Budget
Position Title Gross or Annual
Salary Fringe
Percent of
Time on
Project
Total Amount Re uested from
BHA
-$
Annual Budget
Position Title Hourly Wage Hourl Frin e
Total # of
Hours on
Project
Total Amount Re uested from
BHA
-$
-$
Annual Budget
Contractor Name Rate Quantity Total Amount Requested from
BHA
SummitStone Health
Partners
$ 12,678.42 12 152,141.00$
-$
152,141.00$
Annual Budget
Item Rate Quantity Total Amount Re uested from
BHA
-$
-$
Annual Budget
Item Rate Quantity Total Amount Re uested from
BHA
Budget Period FY 26: 07.01.2025 - 06.30.2026
Fiscal Contract Name, Title Sharla Beesley, Grant Coordinator
Phone 970-577-3708
Email sbeesley@estes.org
EXHIBIT B, FY26 ANNUAL BUDGET
Agency Name Town of Estes Park
Program Contact Name, Title Ian Stewart, Chief of Police
Phone 970-577-3825
Email istewart@estes.org
Date Completed 1/8/2025
All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred.
EXPENDITURE CATEGORIES
Personnel Services / Salaried Employees
Description of Work
Personnel Services / Hourly Employees
Description of Work
Total Personnel Services (including fringe benefits)
Contractors / Consultants (payments to third parties or entities)
Description of Work
Contracted staff to provide Co-Responder Program Services, including clinical, case
management and peer specialist behavioral health staff; Clinicians co-respond with
officers in-person, provide assessments, referrals, consultation and psychoeducation;
Case manager coordinates referrals, does outreach, engagement and follow up; Peer
Specialist provide specialized support through lived experience; Budget also includes
allocation for costs related to program/staff training, necessary travel, EHR, support
staff and clinical costs.
Total Contractors/Consultants
Travel
Description of Item
Total Travel
Supplies & Operating Expenses
Description of Item
Page 1 of 2 Revised: 04_06_2023
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EXHIBIT B
-$
-$
152,141.00$
-$
-$
-$
-$
-$
152,141.00$
Annual Budget
Indirect Cost Percenta e Total Amount Re uested
Drop Down Box
-$
-$
152,141.00$
Total Supplies & Operating Expenses
TOTAL DIRECT COSTS (TDC)
Exclusions from Indirect Cost Base expenses per OMB 2CFR § 200
Subaward in excess of $25,000
Rent
Describe what the cost includes and the use of allowance
Total Indirect
TOTAL Request
The Parties may mutually agree, in writing, to modify the Budget administratively using an BHA Budget Reallocation for
Equipment in excess of $5,000
Other Unallowable Expenses
Total Expenses per OMB 2CFR § 200
MODIFIED TOTAL DIRECT COSTS (MTDC)
Indirect Costs
Description of Item
Page 2 of 2 Revised: 04_06_2023
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Exhibit C
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Exhibit C – Miscellaneous Provisions
I. General Provisions and Requirements
A. Finance and Data Protocols
The Contractor shall comply with the Behavioral Health Administration’s (BHA)
most current Finance and Data Protocols and the Behavioral Health Accounting and
Auditing Guidelines, made a part of this Contract by reference.
B. Marketing and Communications
The Contractor shall comply with the following marketing and communications
requirements:
1. Reports or Evaluations.
All reports or evaluations funded by BHA must be reviewed by BHA staff,
including program, data, and communications, over a period of no fewer than
fifteen business days. The Contractor may be asked to place a report or
evaluation on a BHA template and the report or evaluation is required to
display the BHA logo. The Contractor shall submit the finished document to BHA
in its final format and as an editable Word or Google document.
2. Press Releases.
All press releases about work funded by BHA must note that the work is funded
by the Colorado Department of Human Services, Behavioral Health
Administration. Press releases about work funded by BHA must be reviewed by
BHA program and communications staff over a period of no fewer than five
business days.
3. Marketing Materials.
Contractor shall include the current Colorado Department of Human Services,
Behavioral Health Administration logo on any marketing materials, such as
brochures or fact sheets, that advertise programs to be funded by this
Contract. Contractor shall submit marketing materials to BHA Communications
Team for approval prior to release. BHA’s Communications Team shall provide
feedback or approval within five business days
4. All Other Documents.
All other documents published by the Contractor about its BHA-funded work,
including presentations or website content, should mention the Colorado
Department of Human Services, Behavioral Health Administration as a funder.
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5. Opinion of BHA.
BHA may require the Contractor to add language to documents that mention
BHA reading: “The views, opinions and content expressed do not necessarily
reflect the views, opinions or policies of the Colorado Department of Human
Services, Behavioral Health Administration.”
C. Start-Up Costs
If the State reimburses the Contractor for any start-up costs and the Contractor
closes the program or facility within three years of receipt of the start-up costs,
the Contractor shall reimburse the State for said start-up costs within sixty days of
the closure. The Contractor is not required to reimburse the State for start-up
costs if the facility or program closure is due to BHA eliminating funding to that
specific program and/or budget line item.
D. Immediate Notification of Closures or Reductions in Force
If the Contractor intends to close a facility or program, it shall notify the BHA
Contracts Unit at least five business days prior to the closure. Similarly, if the
Contractor, or any sub-contractor provider, intends to conduct a reduction in force
which affects a program funded through this contract, the Contractor shall notify
the BHA Contracts Unit at least five business days prior to the layoffs.
E. Licensing and Designation Database Electronic Record System (LADDERS)
The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed
and/or as required by rule to submit applications for BHA licensing and
designation, keep current all provider directory details, and submit policies and
procedures.
F. Contract Contact Procedure
The Contractor shall submit all requests for BHA interpretation of this Contract or
for amendments to this Contract to the BHA Contract Manager.
G. Procurement Requirement
The Contractor shall comply with all the provisions and requirements of
RFP,IBEH,202500000152 and with Contractor’s solicitation response thereto.
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Exhibit C
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H. Continuity of Operations Plan
1. In the event of an emergency resulting in a disruption of normal activities, BHA
may request that Contractor provide a plan describing how Contractor will
ensure the execution of essential functions of the Contract, to the extent
possible under the circumstances of the inciting emergency (“Continuity of
Operations Plan” or “Plan”).
2. The Continuity of Operations Plan must be specific and responsive to the
circumstances of the identified emergency.
3. BHA will provide formal notification of receipt of the Continuity of Operations
Plan to the Contractor.
4. The Continuity of Operations Plan will not impact or change the budget or any
other provisions of the contract, and Contractor's performance will be held to
the same standards and requirements as the original Contract terms, unless
otherwise specified in the Continuity of Operations Plan.
a. Any submitted Continuity of Operations Plan will be ratified as an
amendment to the contract as soon as possible.
5. Contractor shall communicate, in a format mutually agreed upon by BHA and
Contractor staff, on a frequency that supports the monitoring of services under
the Continuity of Operations Plan. If adjustments are needed to the Plan, such
adjustments will be made in writing and accompanied by written notice of
receipt from BHA.
a. As part of the BHA/Contractor communication during the emergency,
Contractor and BHA will evaluate whether the emergency has resolved
such that normal operations may be resumed.
b. Contractor and BHA will agree in writing when the emergency is
sufficiently resolved and agree to a closeout period that is four weeks or
less.
c. BHA will submit notice accepting the termination of the Continuity of
Operations Plan to the Contractor as the final action for any qualifying
emergency response.
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Exhibit C
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I. Cultural Responsiveness in Service Delivery
1. The Behavioral Health Administration expects funding dollars to support equity
in access, services provided, and behavioral health outcomes among individuals
of all cultures, gender identities, sexual orientations, races, and ethnicities.
Accordingly, Contractors should collect and use data to: (1) identify priority
populations vulnerable to health disparities encompassing the contractor's
entire geographic service area (e.g., racial, ethnic, limited English speaking,
indigenous, sexual orientation, gender identity groups, etc.) and (2) implement
strategies to decrease the disparities in access, service use, and outcomes—
both within those subpopulations and in comparison to the general population.
2. One strategy for addressing health disparities is the use of the recently revised
National Standards for Culturally and Linguistically Appropriate Services in
Health and Health Care (CLAS). The U.S. Department of Health and Human
Services (HHS) Think Cultural Health website
(https://thinkculturalhealth.hhs.gov) also features information, continuing
education opportunities, resources, and more for health and health care
professionals to learn about culturally and linguistically appropriate services, or
CLAS.
3. Contractors providing direct behavioral health prevention, treatment, or
recovery services shall submit one of the following two documents to
cdhs_BHAdeliverables@state.co.us by August 31 annually:
a. If a provider has completed an equity plan that identifies how they will
address health equity, they can submit the plan or
b. Submit a completed CLAS checklist that follows this HHS format:
https://thinkculturalhealth.hhs.gov/assets/pdfs/AnImplementationChec
klistfortheNationalCLASStandards.pdf
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Exhibit C
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J. Prohibition on Marijuana
Funds may not be used, directly or indirectly, to purchase, prescribe, or provide
marijuana or treatment using marijuana. Treatment in this context includes the
treatment of opioid use disorder. Funds also cannot be provided to any individual
who or organization that provides or permits marijuana use for the purposes of
treating substance use or mental disorders. This prohibition does not apply to
those providing such treatment in the context of clinical research permitted by the
DEA and under an FDA-approved investigational new drug application where the
article being evaluated is marijuana or a constituent thereof that is otherwise a
banned controlled substance under federal law.
K. Monitoring Requirements
If the Contractor is a subrecipient of federal funds, the Contractor shall comply
with monitoring requirements indicated by the Contractor’s risk level determined
by the subrecipient risk assessment form completed by Contractor, which may
include but are not limited to:
1. Monthly or quarterly monitoring calls
2. Invoice supporting documentation, for example: timesheets, logs of travel, or
wraparound service costs
3. Routine programmatic reports
4. Technical assistance and training
5. Site visits
II. Use of Subcontracts
A. Services described in this Contract may be performed by Contractor or by a
subcontractor, except where this Contract states explicitly that a service must not
be subcontracted.
B. Contractor shall ensure that its subcontractors perform to the terms of this
Contract as set forth in the Contract provisions.
C. Any subcontract for services must include, at a minimum, the following:
D. The Contractor shall provide to BHA a copy of any proposed subcontract between
the Contractor and any potential provider of services to fulfill any requirements of
this Contract, to cdhs_BHAdeliverables@state.co.us within thirty days of
subcontract execution.
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Exhibit C
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1. A description of each partner’s participation
2. Responsibilities to the program (policy and/or operational)
3. Resources the subcontractor will contribute, reimbursement rates, services to
be included and processes in collecting and sharing data and the most recent
CDHS version of the HIPAA Business Associates Addendum, if this Contract
contains the HIPAA Business Associates Addendum/Qualified Service
Organization Addendum as an exhibit
4. A copy of this Contract and all its terms and conditions
E. BHA reserves the right to require Contractor to renegotiate subcontracts where
necessary to adhere to the terms of this Contract.
F. Subcontractor/Partnership Termination. In the event where partnerships with a
subcontractor such as a treatment provider is terminated, the Contractor shall
transition to a new partnership no later than thirty days from termination to
ensure continuity of care for all participants of the program.
III. Financial Requirements
A. Funding Sources
The Contractor shall identify all funds delivered to subcontractors as state general
fund, state cash funds, or federal grant dollars in Exhibit B, “Budget.” If federal
grant dollars, the Contractor shall communicate the CFDA number to all sub-
contractors in their sub-contracts.
B. Program Income
Program income generated through grant funded programs are additive funding
that must be utilized for a consistent purpose as outlined in 2 CFR
200.307(e)(2). If Contractor charges and receives fees for services, or otherwise
receives income associated with the sponsored program, this is considered program
income and is required to be tracked and managed in accordance with the
conditions of the award.
C. Budget Reallocations
The Contractor may reallocate funds between the budget categories of this
contract, up to ten percent of the total contract amount, upon written approval by
BHA, without a contract amendment. Any allowable reallocation is still subject to
the limitations of the Not to Exceed and the Maximum Amount Available per Fiscal
Year.
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Exhibit C
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D. Payment Terms
1. The Contractor shall invoice monthly for services, no later than the twentieth
of the month following when services are provided.
2. The Contractor shall utilize the invoice template(s) provided by BHA.
Contractor shall comply with the invoicing instructions contained within the
invoice template, and requests for supporting documentation.
3. All payment requests shall be submitted electronically to
CDHS_BHApayment@state.co.us.
4. Year-end invoice estimates are due by June 15th. Final invoice requests in
excess of the submitted estimates are payable contingent on available funds.
5. Final invoices are due no later than August 30th.
6. If the Contractor is a recipient of Federal Funds, final invoices are due no later
than forty-five days after the end date of the grant.
7. Invoices for the prior fiscal year received by August 30th which require
revisions must be final by September 10th or they may not be paid.
8. Any requests for payment received after September 10th for the prior state
fiscal year or after December 10th for the prior federal fiscal year cannot be
processed by BHA.
9. The State will make payment on invoices within forty-five days of receipt of a
correct and complete invoice to
CDHS_BHApayment@state.co.us. Consequently, the Contractor must have
adequate solvency to pay its expenses up to forty-five days after invoice
submission to the State.
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Exhibit D
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Exhibit D - HIPAA Business Associate Agreement
This HIPAA Business Associate Agreement (“Agreement”) between the State and Contractor is
agreed to in connection with, and as an exhibit to, the Contract. For purposes of this
Agreement, the State is referred to as “Covered Entity” and the Contractor is referred to as
“Business Associate”. Unless the context clearly requires a distinction between the Contract
and this Agreement, all references to “Contract” shall include this Agreement.
1. Purpose
Covered Entity wishes to disclose information to Business Associate, which may include
Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of
the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act
of 1996 (“HIPAA”), Pub. L. No. 104-191 (1996) as amended by the Health Information
Technology for Economic and Clinical Health Act (“HITECH Act”) enacted under the American
Recovery and Reinvestment Act of 2009 (“ARRA”) Pub. L. No. 111–5 (2009), implementing
regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R.
Parts 160, 162 and 164 (the “HIPAA Rules”) and other applicable laws, as amended. Prior to
the disclosure of PHI, Covered Entity is required to enter into an agreement with Business
Associate containing specific requirements as set forth in, but not limited to, Title 45,
Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations (“C.F.R.”)
and all other applicable laws and regulations, all as may be amended.
2. Definitions
The following terms used in this Agreement shall have the same meanings as in the HIPAA
Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations,
Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information,
Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health
Information, and Use.
The following terms used in this Agreement shall have the meanings set forth below:
A. Business Associate. “Business Associate” shall have the same meaning as the
term “business associate” at 45 C.F.R. 160.103, and shall refer to Contractor.
B. Covered Entity. “Covered Entity” shall have the same meaning as the term
“covered entity” at 45 C.F.R. 160.103, and shall refer to the State.
C. Information Technology and Information Security. “Information Technology”
and “Information Security” shall have the same meanings as the terms
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“information technology” and “information security”, respectively, in §24-37.5-
102, C.R.S.
Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall
have the meanings ascribed to them in the Contract.
3. Obligations and Activities of Business Associate
A. Permitted Uses and Disclosures.
B. Business Associate shall use and disclose PHI only to accomplish Business
Associate’s obligations under the Contract.
C. To the extent Business Associate carries out one or more of Covered Entity’s
obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall
comply with any and all requirements of Subpart E that apply to Covered Entity
in the performance of such obligation.
D. Business Associate may disclose PHI to carry out the legal responsibilities of
Business Associate, provided, that the disclosure is Required by Law or Business
Associate obtains reasonable assurances from the person to whom the
information is disclosed that:
E. the information will remain confidential and will be used or disclosed only as
Required by Law or for the purpose for which Business Associate originally
disclosed the information to that person, and;
F. the person notifies Business Associate of any Breach involving PHI of which it is
aware.
G. Business Associate may provide Data Aggregation services relating to the Health
Care Operations of Covered Entity. Business Associate may de-identify any or
all PHI created or received by Business Associate under this Agreement,
provided the de-identification conforms to the requirements of the HIPAA
Rules.
H. Minimum Necessary. Business Associate, its Subcontractors and agents, shall
access, use, and disclose only the minimum amount of PHI necessary to
accomplish the objectives of the Contract, in accordance with the Minimum
Necessary Requirements of the HIPAA Rules including, but not limited to, 45
C.F.R. 164.502(b) and 164.514(d).
I. Impermissible Uses and Disclosures.
J. Business Associate shall not disclose the PHI of Covered Entity to another
covered entity without the written authorization of Covered Entity.
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K. Business Associate shall not share, use, disclose or make available any Covered
Entity PHI in any form via any medium with or to any person or entity beyond
the boundaries or jurisdiction of the United States without express written
authorization from Covered Entity.
L. Business Associate's Subcontractors.
M. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and
164.308(b)(2), ensure that any Subcontractors who create, receive, maintain,
or transmit PHI on behalf of Business Associate agree in writing to the same
restrictions, conditions, and requirements that apply to Business Associate with
respect to safeguarding PHI.
N. Business Associate shall provide to Covered Entity, on Covered Entity’s request,
a list of Subcontractors who have entered into any such agreement with
Business Associate.
O. Business Associate shall provide to Covered Entity, on Covered Entity’s request,
copies of any such agreements Business Associate has entered into with
Subcontractors.
P. Access to System. If Business Associate needs access to a Covered Entity
Information Technology system to comply with its obligations under the
Contract or this Agreement, Business Associate shall request, review, and
comply with any and all policies applicable to Covered Entity regarding such
system including, but not limited to, any policies promulgated by the Office of
Information Technology and available at http://oit.state.co.us/about/policies.
Q. Access to PHI. Business Associate shall, within ten days of receiving a written
request from Covered Entity, make available PHI in a Designated Record Set to
Covered Entity as necessary to satisfy Covered Entity’s obligations under 45
C.F.R. 164.524.
R. Amendment of PHI.
S. Business Associate shall within ten days of receiving a written request from
Covered Entity make any amendment to PHI in a Designated Record Set as
directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or
take other measures as necessary to satisfy Covered Entity’s obligations under
45 C.F.R. 164.526.
T. Business Associate shall promptly forward to Covered Entity any request for
amendment of PHI that Business Associate receives directly from an Individual.
U. Accounting Rights. Business Associate shall, within ten days of receiving a
written request from Covered Entity, maintain and make available to Covered
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Entity the information necessary for Covered Entity to satisfy its obligations to
provide an accounting of Disclosure under 45 C.F.R. 164.528.
V. Restrictions and Confidential Communications.
W. Business Associate shall restrict the Use or Disclosure of an Individual’s PHI
within ten days of notice from Covered Entity of:
X. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or
Y. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522.
Z. Business Associate shall not respond directly to an Individual’s requests to
restrict the Use or Disclosure of PHI or to send all communication of PHI to an
alternate address.
AA. Business Associate shall refer such requests to Covered Entity so that Covered
Entity can coordinate and prepare a timely response to the requesting
Individual and provide direction to Business Associate.
BB. Governmental Access to Records. Business Associate shall make its facilities,
internal practices, books, records, and other sources of information, including
PHI, available to the Secretary for purposes of determining compliance with
the HIPAA Rules in accordance with 45 C.F.R. 160.310.
CC. Audit, Inspection and Enforcement.
DD. Business Associate shall obtain and update at least annually a written
assessment performed by an independent third party reasonably acceptable to
Covered Entity, which evaluates the Information Security of the applications,
infrastructure, and processes that interact with the Covered Entity data
Business Associate receives, manipulates, stores and distributes. Upon request
by Covered Entity, Business Associate shall provide to Covered Entity the
executive summary of the assessment.
EE. Business Associate, upon the request of Covered Entity, shall fully cooperate
with Covered Entity’s efforts to audit Business Associate’s compliance with
applicable HIPAA Rules. If, through audit or inspection, Covered Entity
determines that Business Associate’s conduct would result in violation of the
HIPAA Rules or is in violation of the Contract or this Agreement, Business
Associate shall promptly remedy any such violation and shall certify completion
of its remedy in writing to Covered Entity.
FF. Appropriate Safeguards.
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GG. Business Associate shall use appropriate safeguards and comply with Subpart C
of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure
of PHI other than as provided in this Agreement.
HH. Business Associate shall safeguard the PHI from tampering and unauthorized
disclosures.
II. Business Associate shall maintain the confidentiality of passwords and other
data required for accessing this information.
JJ. Business Associate shall extend protection beyond the initial information
obtained from Covered Entity to any databases or collections of PHI containing
information derived from the PHI. The provisions of this section shall be in
force unless PHI is de-identified in conformance to the requirements of the
HIPAA Rules.
KK. Safeguard During Transmission.
LL. Business Associate shall use reasonable and appropriate safeguards including,
without limitation, Information Security measures to ensure that all
transmissions of PHI are authorized and to prevent use or disclosure of PHI
other than as provided for by this Agreement.
MM. Business Associate shall not transmit PHI over the internet or any other
insecure or open communication channel unless the PHI is encrypted or
otherwise safeguarded with a FIPS-compliant encryption algorithm.
NN. Reporting of Improper Use or Disclosure and Notification of Breach.
OO. Business Associate shall, as soon as reasonably possible, but immediately after
discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not
provided for by this Agreement, including a Breach of Unsecured Protected
Health Information as such notice is required by 45 C.F.R. 164.410 or a breach
for which notice is required under §24-73-103, C.R.S.
PP. Such notice shall include the identification of each Individual whose Unsecured
Protected Health Information has been, or is reasonably believed by Business
Associate to have been, accessed, acquired, or disclosed during such Breach.
QQ. Business Associate shall, as soon as reasonably possible, but immediately after
discovery of any Security Incident that does not constitute a Breach, notify
Covered Entity of such incident.
RR. Business Associate shall have the burden of demonstrating that all notifications
were made as required, including evidence demonstrating the necessity of any
delay.
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SS. Business Associate’s Insurance and Notification Costs.
TT. Business Associate shall bear all costs of a Breach response including, without
limitation, notifications, and shall maintain insurance to cover:
UU. loss of PHI data;
VV. Breach notification requirements specified in HIPAA Rules and in §24-73-103,
C.R.S.; and
WW. claims based upon alleged violations of privacy rights through improper use or
disclosure of PHI.
XX. All such policies shall meet or exceed the minimum insurance requirements of
the Contract or otherwise as may be approved by Covered Entity (e.g.,
occurrence basis, combined single dollar limits, annual aggregate dollar limits,
additional insured status, and notice of cancellation).
YY. Business Associate shall provide Covered Entity a point of contact who
possesses relevant Information Security knowledge and is accessible 24 hours
per day, 7 days per week to assist with incident handling.
ZZ. Business Associate, to the extent practicable, shall mitigate any harmful effect
known to Business Associate of a Use or Disclosure of PHI by Business Associate
in violation of this Agreement.
AAA. Subcontractors and Breaches.
BBB. Business Associate shall enter into a written agreement with each of its
Subcontractors and agents, who create, receive, maintain, or transmit PHI on
behalf of Business Associate. The agreements shall require such Subcontractors
and agents to report to Business Associate any use or disclosure of PHI not
provided for by this Agreement, including Security Incidents and Breaches of
Unsecured Protected Health Information, on the first day such Subcontractor or
agent knows or should have known of the Breach as required by 45 C.F.R.
164.410.
CCC. Business Associate shall notify Covered Entity of any such report and shall
provide copies of any such agreements to Covered Entity on request.
DDD. Data Ownership.
EEE. Business Associate acknowledges that Business Associate has no ownership
rights with respect to the PHI.
FFF. Upon request by Covered Entity, Business Associate immediately shall provide
Covered Entity with any keys to decrypt information that the Business
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Association has encrypted and maintains in encrypted form, or shall provide
such information in unencrypted usable form.
GGG. Retention of PHI. Except upon termination of this Agreement as provided in
Section 5, below, Business Associate and its Subcontractors or agents shall
retain all PHI throughout the term of this Agreement, and shall continue to
maintain the accounting of disclosures required under Section 3.h, above, for a
period of six years.
4. Obligations of Covered Entity
A. Safeguards During Transmission. Covered Entity shall be responsible for using
appropriate safeguards including encryption of PHI, to maintain and ensure the
confidentiality, integrity, and security of PHI transmitted pursuant to this
Agreement, in accordance with the standards and requirements of the HIPAA
Rules.
A. Notice of Changes.
B. Covered Entity maintains a copy of its Notice of Privacy Practices on its
website. Covered Entity shall provide Business Associate with any changes in,
or revocation of, permission to use or disclose PHI, to the extent that it may
affect Business Associate’s permitted or required uses or disclosures.
C. Covered Entity shall notify Business Associate of any restriction on the use or
disclosure of PHI to which Covered Entity has agreed in accordance with 45
C.F.R. 164.522, to the extent that it may affect Business Associate’s permitted
use or disclosure of PHI.
5. Termination
A. Breach.
B. In addition to any Contract provision regarding remedies for breach, Covered
Entity shall have the right, in the event of a breach by Business Associate of
any provision of this Agreement, to terminate immediately the Contract, or this
Agreement, or both.
C. Subject to any directions from Covered Entity, upon termination of the
Contract, this Agreement, or both, Business Associate shall take timely,
reasonable, and necessary action to protect and preserve property in the
possession of Business Associate in which Covered Entity has an interest.
D. Effect of Termination.
E. Upon termination of this Agreement for any reason, Business Associate, at the
option of Covered Entity, shall return or destroy all PHI that Business Associate,
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its agents, or its Subcontractors maintain in any form, and shall not retain any
copies of such PHI.
i. If Covered Entity directs Business Associate to destroy the PHI, Business
Associate shall certify in writing to Covered Entity that such PHI has
been destroyed.
F. If Business Associate believes that returning or destroying the PHI is not
feasible, Business Associate shall promptly provide Covered Entity with notice
of the conditions making return or destruction infeasible. Business Associate
shall continue to extend the protections of Section 3 of this Agreement to such
PHI, and shall limit further use of such PHI to those purposes that make the
return or destruction of such PHI infeasible.
6. Injunctive Relief
Covered Entity and Business Associate agree that irreparable damage would occur in the
event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in
violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and
Business Associate further agree that money damages would not provide an adequate remedy
for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity
shall be entitled to injunctive relief, specific performance, and other equitable relief to
prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms
and provisions of this Agreement.
7. Limitation of Liability
Any provision in the Contract limiting Contractor’s liability shall not apply to Business
Associate’s liability under this Agreement, which shall not be limited.
8. Disclaimer
Covered Entity makes no warranty or representation that compliance by Business Associate
with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business
Associate’s own purposes. Business Associate is solely responsible for all decisions made and
actions taken by Business Associate regarding the safeguarding of PHI.
9. Certification
Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate’s
Information Security practices. Covered Entity or its authorized agent or contractor shall have
the right to examine Business Associate’s facilities, systems, procedures, and records, at
Covered Entity’s expense, if Covered Entity determines that examination is necessary to
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certify that Business Associate’s Information Security safeguards comply with the HIPAA Rules
or this Agreement.
10. Amendment
A. Amendment to Comply with Law. The Parties acknowledge that state and
federal laws and regulations relating to data security and privacy are rapidly
evolving and that amendment of this Agreement may be required to provide
procedures to ensure compliance with such developments.
i. In the event of any change to state or federal laws and regulations
relating to data security and privacy affecting this Agreement, the
Parties shall take such action as is necessary to implement the changes
to the standards and requirements of HIPAA, the HIPAA Rules and other
applicable rules relating to the confidentiality, integrity, availability
and security of PHI with respect to this Agreement.
B. Business Associate shall provide to Covered Entity written assurance
satisfactory to Covered Entity that Business Associate shall adequately
safeguard all PHI, and obtain written assurance satisfactory to Covered Entity
from Business Associate’s Subcontractors and agents that they shall adequately
safeguard all PHI.
i. Upon the request of either Party, the other Party promptly shall
negotiate in good faith the terms of an amendment to the Contract
embodying written assurances consistent with the standards and
requirements of HIPAA, the HIPAA Rules, or other applicable rules.
C. Covered Entity may terminate this Agreement upon 30 days’ prior written
notice in the event that:
D. Business Associate does not promptly enter into negotiations to amend the
Contract and this Agreement when requested by Covered Entity pursuant to
this Section; or
E. Business Associate does not enter into an amendment to the Contract and this
Agreement, which provides assurances regarding the safeguarding of PHI
sufficient, in Covered Entity’s sole discretion, to satisfy the standards and
requirements of the HIPAA, the HIPAA Rules and applicable law.
F. Amendment of Appendix. The Appendix to this Agreement may be modified or
amended by the mutual written agreement of the Parties, without amendment
of this Agreement. Any modified or amended Appendix agreed to in writing by
the Parties shall supersede and replace any prior version of the Appendix.
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11. Assistance in Litigation or Administrative Proceedings
Covered Entity shall provide written notice to Business Associate if litigation or administrative
proceeding is commenced against Covered Entity, its directors, officers, or employees, based
on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating
to security and privacy or PHI. Upon receipt of such notice and to the extent requested by
Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or
agents assisting Business Associate in the performance of its obligations under the Contract
to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate
shall, and shall cause its employees, Subcontractor’s and agents to, provide assistance, to
Covered Entity, which may include testifying as a witness at such proceedings. Business
Associate or any of its employees, Subcontractors or agents shall not be required to provide
such assistance if Business Associate is a named adverse party.
12. Interpretation and Order of Precedence
Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is
consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and
this Agreement, this Agreement shall control. This Agreement supersedes and replaces any
previous, separately executed HIPAA business associate agreement between the Parties.
13. Survival
Provisions of this Agreement requiring continued performance, compliance, or effect after
termination shall survive termination of this contract or this agreement and shall be
enforceable by Covered Entity.
Docusign Envelope ID: C6EF4CEE-66C2-499F-9C87-191C03ED754F
Exhibit D
Page 11 of 11
HIPAA BAA
Rev August 2018 / Acc 11.12.24
Appendix to HIPAA Business Associate Agreement
This Appendix (“Appendix”) to the HIPAA Business Associate Agreement (“Agreement”) is s an
appendix to the Contract and the Agreement. For the purposes of this Appendix, defined
terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless
the context clearly requires a distinction between the Contract, the Agreement, and this
Appendix, all references to “Contract” or “Agreement” shall include this Appendix.
1. Purpose
This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix
marked as “Reserved” shall be construed as setting forth no additional terms.
2. Additional Terms
A. Additional Permitted Uses. In addition to those purposes set forth in the
Agreement, Business Associate may use PHI for the following additional
purposes:
i. Reserved.
B. Additional Permitted Disclosures. In addition to those purposes set forth in
the Agreement, Business Associate may disclose PHI for the following additional
purposes:
i. Reserved.
C. Approved Subcontractors. Covered Entity agrees that the following
Subcontractors or agents of Business Associate may receive PHI under the
Agreement:
i. Reserved.
D. Definition of Receipt of PHI. Business Associate’s receipt of PHI under this
Contract shall be deemed to occur, and Business Associate’s obligations under
the Agreement shall commence, as follows:
i. Reserved.
E. Additional Restrictions on Business Associate. Business Associate agrees to
comply with the following additional restrictions on Business Associate’s use
and disclosure of PHI under the Contract:
i. Reserved.
F. Additional Terms. Business Associate agrees to comply with the following
additional terms under the Agreement:
i. Reserved.
Docusign Envelope ID: C6EF4CEE-66C2-499F-9C87-191C03ED754F
Amendment Contract Number: 27 IBEH 204145 Page 1 of 4 Rev. 1/14/ 19 / Acc 11.12.24
Contract Amendment #1
Signature and Cover Page
State Agency
Colorado Department of Human Services
Behavioral Health Administration
Contractor
Town of Estes Park
Current Contract Maximum Amount
Initial Term
State Fiscal Year 2026 $152,141.00
Extension Terms
State Fiscal Year 2027 $139,000.00
Total for All State Fiscal Years $291,141.00
Original Contract Number
26 IBEH 198245
Amendment Contract Number
27 IBEH 204145
Contract Performance Beginning Date
July 1, 2025
Current Contract Expiration Date
June 30, 2027
Signature page begins on next page.
Attachment 3
Amendment Contract Number: 27 IBEH 204145 Page 2 of 4 Rev. 1/14/19 / Acc 11.12.24
The Parties Hereto Have Executed This Amendment
Each person signing this Amendment represents and warrants that he or she is duly authorized
to execute this Amendment and to bind the Party authorizing his or her signature.
Contractor
Town of Estes Park
By:
Date: _________________________
Attestor
Town of Estes Park
By:
Date: _________________________
State of Colorado
Jared S. Polis, Governor
Colorado Department of Human Services
Michelle Barnes, Executive Director
By: Stephanie Beasley, Commissioner
Behavioral Health Administration
Date: _________________________
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below
by the State Controller or an authorized delegate.
State Controller
Robert Jaros, CPA, MBA, JD
By: Telly Belton/Toni Williamson/Amanda Rios/Nina
Douglass
Amendment Effective Date:_____________________
Amendment Contract Number: 27 IBEH 204145 Page 3 of 4 Rev. 1/14/19 / Acc 11.12.24
1. Parties
This Amendment (the “Amendment”) to the Original Contract shown on the Signature and
Cover Page for this Amendment (the “Contract”) is entered into by and between the
Contractor, and the State.
2. Terminology
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the
Contract.
3. Amendment Effective Date and Term
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment
Effective Date shown on the Signature and Cover Page for this Amendment. The
State shall not be bound by any provision of this Amendment before that
Amendment Effective Date, and shall have no obligation to pay Contractor for
any Work performed or expense incurred under this Amendment either before
or after the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes
to the Contract contained herein shall commence on the Amendment Effective
Date shown on the Signature and Cover Page for this Amendment or July 1,
2026, whichever is later, and shall terminate on the termination of the
Contract.
4. Purpose
Under the original contract the Contractor has implemented a Co-Responder Services Program
for its community by partnering with key stakeholder partners.
The purpose of this amendment is to renew the contract for State Fiscal Year 2027. This
amendment updates Exhibit A, Exhibit B, and adds $139,000.00 in new funding for FY27.
5. Modifications
The Contract and all prior amendments thereto, if any, are modified as follows:
A. The Contract Initial Contract Expiration Date on the Contract’s Signature and Cover
Page is hereby deleted and replaced with the Current Contract Expiration Date shown
on the Signature and Cover Page for this Amendment.
Amendment Contract Number: 27 IBEH 204145 Page 4 of 4 Rev. 1/14/19 / Acc 11.12.24
B. The Contract Maximum Amount table on the Contract’s Signature and Cover Page is
hereby deleted and replaced with the Current Contract Maximum Amount table shown
on the Signature and Cover Page for this Amendment.
C. REPLACE Exhibit A, Statement of Work, with Exhibit A-1, Statement of Work, attached
and incorporated by reference.
D. ADD Exhibit B-1, Budget, attached and incorporated by reference.
6. Limits Of Effect and Order of Precedence
This Amendment is incorporated by reference into the Contract, and the Contract and all
prior amendments or other modifications to the Contract, if any, remain in full force
and effect except as specifically modified in this Amendment. Except for the Special
Provisions contained in the Contract, in the event of any conflict, inconsistency,
variance, or contradiction between the provisions of this Amendment and any of the
provisions of the Contract or any prior modification to the Contract, the provisions of
this Amendment shall in all respects supersede, govern, and control. The provisions of
this Amendment shall only supersede, govern, and control over the Special Provisions
contained in the Contract to the extent that this Amendment specifically modifies
those Special Provisions.
Exhibit A-1
Page 1 of 12
Exhibit A-1 – Statement of Work
Article 1
Purpose and Target Population
1.1 Purpose
The purpose of this project is to create, sustain, or expand Co-Responder Programs. Co-
Responder Programs (“Programs”) create and foster partnerships between behavioral
health professionals and law enforcement, in order to provide effective responses to
individuals in crisis and those with behavioral health needs (mental health and/or
substance use). Programs identify calls for police service where behavioral health
appears to be a relevant factor and utilize the combined expertise of behavioral
health and law enforcement to de-escalate situations, deflect individuals away from
unnecessary criminal legal system involvement and hospitalization, and link individuals to
appropriate services. The behavioral health clinician provides on-site screening and
assessment, crisis intervention services, and referrals, as well as follow-up and
connections to additional resources when necessary.
Taking population density and other available resources into consideration, the program
and team structure vary between locations to best meet the needs of the community and
the partnering agencies. There are generally two approaches: a primary or secondary
response model. A primary response is when the clinician is paired with an officer for a
joint response, and the officer’s time is usually dedicated to the program. A secondary
response is when the clinician responds to requests from officers or dispatch and is not
generally paired directly with an officer. In addition to law enforcement and
behavioral health clinicians, Programs may include other components, such as
additional first responder types (fire, EMS, etc.), case management, and peer
support.
1.2 Target Population
Individuals who are brought to the attention of law enforcement and appear to be
experiencing a behavioral health crisis or who have other behavioral health needs, as
determined by the Contractor and their Program policies. This includes individuals at risk
of low-level offenses, misdemeanor crimes, or repeated contact with law enforcement.
The Contractor may expand eligibility criteria to meet specific community needs.
Exhibit A-1
Page 2 of 12
Article 2
Definitions and Acronyms
2.1 “BAA” means Business Associate Agreement, as defined in Exhibit D - HIPAA Business
Associate Agreement- Qualified Service Organization Addendum.
2.2 “BHA” means Behavioral Health Administration established in Section 27-50-102,
C.R.S.
2.3 “CDHS” means Colorado Department of Human Services which is the principal
department of the Colorado state government that operates the state's social services.
2.4 “Co-Responder Program” means Co-Responder Programs, which dispatch behavioral
health Co-Responders along with law enforcement, or provide a joint secondary
response on calls for service wherein behavioral health appears to be a relevant
factor.
2.5 “Contractor” means individual or entity selected as a result of solicitation to
complete the work contained in the Contract.
2.6 “Critical Incident” means a situation in which death, physical assault and/or serious
injuries are sustained by Program staff or clients that occurs during a Co-Responder
intervention or response.
2.7 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996.
2.8 “Program” means the Co-Responder program.
2.9 “Program/Project Manager” means the person responsible and accountable for
managing the Contractor’s Co-Responder Program.
2.10 “Program Coordination Group” means the group that oversees the Program’s
implementation and progress.
2.11 “Project Director” means the person who is employed by and has decision
making authority for the Contractor, holds overall responsibility for ongoing
program administration and fiscal oversight and is the point of contact for
BHA for the purposes of contract management and oversight.
2.12 “RNR” means the Risk-Need-Responsivity model of assessment and treatment to
determine risk of recidivism, criminogenic needs, and responsivity of interventions.
2.13 “Steering Committee” means the group responsible for guiding changes and
addressing issues related to the implementation and development of the Program.
Exhibit A-1
Page 3 of 12
Article 3
Activities and Services
3.1 Allowable Uses of Funding
The Contractor may use funds to support, with the approval of BHA, items including but
not limited to the following:
a) Program personnel, project management, and community engagement.
b) Costs for temporary services and treatments necessary to stabilize a participant’s
condition, including necessary housing, when other funding is unavailable.
c) Outreach.
d) Specialized program training approved by BHA.
e) Dedicated law enforcement resources, including overtime required for
participation in operational meetings and training.
f) Training and technical assistance from experts in the implementation of Co-
Responder Services Programs in other jurisdictions.
g) Collecting and maintaining the data necessary for program evaluation.
3.2 Work Plan
a) The Contractor shall provide BHA with an annual Work Plan, using the BHA-
provided template, for review and approval.
i. DELIVERABLE: Annual Work Plan
ii. DUE DATE: Due 30 days from Contract Effective Date and annually
thereafter
iii. DELIVERED TO: Program Manager
3.3 The Contractor shall respond to communications from the BHA within five (5) calendar
days.
3.4 Start-up Period for Project Development
The Contractor shall be permitted a start-up period of up to three (3) months from the
date of contract execution. At the end of this period, the Contractor is expected to have
all required program partnerships and contracts finalized and to be ready to begin
program operations. If the Contractor is unable to implement the program within three
months, the Contractor will be placed on a performance improvement plan and shall work
with BHA to draft and meet it.
3.5 Steering Committee
Exhibit A-1
Page 4 of 12
a) The Contractor shall develop and maintain a Steering Committee that meets at
least biannually to oversee the implementation and ongoing development of the
Program for the duration of the Contract term. The Steering Committee shall
include high-level, decision-making representatives from each of the key local
stakeholder disciplines listed below:
i. Lead law enforcement agency representative.
ii. Behavioral health service provider representative.
iii. Impacted individual and/or consumer or family member.
iv. Local hospital representative and;
v. Crisis Services representative.
b) The Contractor shall also include other entities in the Steering Committee, which,
in its determination, are integral to the success of the Program. Entities may
include, but are not limited to, prosecutors, jail administrators, advocacy groups,
and harm reduction agencies.
c) The Steering Committee shall be charged with the following:
i. To perform an initial examination of the nature of the problem to help
develop the Program’s objectives and design.
ii. To consider how the Program relates to other local criminal justice or
behavioral health partnerships that may be in place or are in the process of
being established.
iii. To support a forum for planning decisions during the implementation phase,
and to provide ongoing leadership, problem-solving, and design
modifications throughout the life of the Program.
iv. To designate appropriate staff to make up a Program Coordination Group.
v. To identify and resolve or reduce the impact of any barriers to the
Program’s success.
vi. To develop procedures to ensure that essential information is shared in an
appropriate and timely manner.
1) DELIVERABLE: Steering Committee & Program Coordination Group
Rosters
2) DUE DATE: Sixty (60) days after contract execution and as updated
3) DELIVERED TO: cdhs_bhadeliverables@state.co.us
Exhibit A-1
Page 5 of 12
3.6 Program Coordination Group
a) The Contractor shall develop and maintain a Program Coordination Group to guide
and support the Program operations. If creating two separate groups is unrealistic
due to workforce and/or resource limitations, this Program Coordination Group
may be the same as the Steering Committee.
b) The Program Coordination Group shall:
i. Oversee officer and Program training implementation, as specified in
Article 3.12 below.
ii. Measure the Program’s progress toward achieving stated goals.
iii. Resolve ongoing challenges to the Program’s effectiveness; and
iv. Inform agency leaders and other policymakers of Program costs,
developments, and progress.
c) The Contractor shall designate a law enforcement Program Champion within each
partnering law enforcement agency to serve as the agency’s representative on the
Program Coordination Group.
1) DELIVERABLE: Steering Committee & Program Coordination Group
Rosters
2) DUE DATE: Sixty (60) days after contract execution and as updated
3) DELIVERED TO: cdhs_bhadeliverables@state.co.us
3.7 Program/Project Manager
The Contractor shall select a Program/Project Manager (“Manager”), and establish the
Manager’s role, responsibilities, and authority, which shall include support of the Steering
Committee and the Program Coordination Group. The Manager is the point person for BHA
throughout the life of the contract. The Contractor shall notify BHA by email of any
changes to the Manager’s contact information within one business day of the change.
3.8 Project Director
If the Manager is not employed within the Contractor’s agency or does not have the
necessary decision making authority, the Contractor shall identify a Project Director who
is employed by the Contractor and has decision making authority for the Contractor. The
Project Director holds overall responsibility for ongoing program administration and fiscal
oversight and is the point of contact for BHA for the purposes of contract management
and oversight. The Contractor shall notify BHA via email of any changes to the Project
Director’s contact information within one business day of the change. If the Manager has
Exhibit A-1
Page 6 of 12
the necessary authority within the Contractor’s agency, the Project Director role may be
the same person.
3.9 Partnership Agreements
The Contractor shall develop partnership agreements with other local criminal justice
agencies, behavioral health agencies, or government agencies, to address any key
challenges inherent in multidisciplinary collaboration. Partnership agreements shall
include a description of how partners collectively identified the need for the project, and
individualized letters of support outlining each partner’s level of participation and
commitment in the Program, responsibilities to the Program (policy and/or operational),
resources they will contribute, and processes in collecting and sharing data. The
Contractor, or any other party or partnership, does not have authority to negotiate or
enter into any agreements on behalf of CDHS or the BHA.
a) DELIVERABLE: Partnership Agreement(s)
b) DUE DATE: Upon execution of a partnership agreement(s)
c) DELIVERED TO: cdhs_bhadeliverables@state.co.us
3.10 Data Sharing Agreements
The Contractor shall ensure that a data-sharing Business Associates Agreement (“BAA”) is
developed and implemented between the partner agencies, as required by law. The data-
sharing agreement shall ensure that each partner agency complies with the terms of the
HIPAA-BAA and 42 CFR Part 2.
3.11 Program, Policies, and Procedures
a) The Contractor shall develop and maintain Program policies and procedures,
subject to BHA review and approval.
b) The Contractor shall submit a draft copy of each of the policies and procedures
required under this Article 3.11, to BHA for review and comment. The Contractor
shall work with BHA to resolve all comments from BHA and incorporate any
agreed-upon revisions in the final policies and procedures.
i. DELIVERABLE: Program Policies and Procedures Document
ii. DUE DATE: Draft document due to BHA ninety (90) days from initial
Contract Effective Date. Final document due to BHA thirty (30) days from
reviewed draft sent from BHA to Contractor. Subsequent updates to policies
and procedures due to BHA within ten (10) days of changes
iii. DELIVERED TO: BHA Program Manager shall provide email address during
contract execution process.
Exhibit A-1
Page 7 of 12
c) The Contractor shall ensure that specific policies and procedures are developed
and implemented for the following aspects of the Program.
i. Target Population and Eligibility Criteria
The Contractor shall identify the target population, develop eligibility
criteria, and develop Program policies to identify individuals who will be
referred to and contacted by the Program, including the types of calls for
service and the general circumstances that warrant a co-response
engagement. The Contractor shall include the Target Population criteria
outlined in Article 1.2 in the Program target population and eligibility
criteria.
ii. Call Taker and Dispatcher
The Contractor shall develop, or ensure the development of, policies and
procedures for call takers and dispatchers. These shall include, but are not
limited to:
1) The specific information call takers must gather from calls.
2) Policies specifying the means by which dispatchers are informed of
staffing patterns, including up to date information during shifts.
3) Clear definitions of the geographic coverage areas designated and
eligible for law enforcement and behavioral health Co-Responder
calls.
4) Call types that Co-Responder Teams will respond to and the process
by which dispatchers request deployment of the Co-Responder team
to active calls for service.
d) Stabilization, Observation, and Disposition
The Contractor shall develop policies and procedures to help guide law
enforcement officers and behavioral health Co-Responders to resolve encounters
with the least restrictive environment appropriate for the circumstances.
e) Transportation and Custodial Transfer
The Contractor shall develop policies and procedures to help guide effective and
efficient transportation and custodial transfers. The policies shall at a minimum:
i. Identify facilities capable of assuming custodial responsibility, which are
available at all times, have personnel qualified to conduct a behavioral
health evaluation, and do not turn away people brought by law
enforcement without specific reasons.
Exhibit A-1
Page 8 of 12
ii. Establish resources to connect individuals with, including friends, family
members, peer support groups, or crisis centers, when available in non-
custodial situations.
iii. Engage the services of the individual’s current behavioral health provider or
a crisis team.
f) Critical Incident Policy
Contractor shall develop and maintain a policy for review of critical incidents
including death, physical assault and/or serious injuries sustained by Program
staff or clients) (“Critical Incidents”) that occur during a Program intervention or
response and adhere to Critical Incident Reporting in Article 3.19.
g) Information Exchange and Confidentiality
The Steering Committee shall develop procedures to ensure that essential
information is shared in an appropriate manner. Information shall be shared in a
way that protects individuals’ confidentiality rights as treatment consumers and
constitutional rights as possible defendants. Individuals with behavioral health
disorders who have been in contact with a behavioral health agency should be
offered an opportunity to provide consent in advance for behavioral health
providers to share specified information with law enforcement authorities if an
incident occurs (sometimes called an advance directive).
3.12 Program Training and Cross-Training
a) State Program Meeting Requirements.
The Contractor shall attend an orientation session (mandatory only in the
Contractor’s first year under the Program), monthly Program progress status
meetings with the BHA Program Manager, and other required Program meetings
and training throughout the term of the Program.
i. DELIVERABLE: Monthly Program Progress Status meetings
ii. DUE DATE: Monthly (day and time shall be mutually agreed upon after
contract execution)
iii. DELIVERED TO: BHA Program Manager shall provide virtual meeting link
upon identifying mutually agreed upon day and time
b) Contractor Training
The Contractor shall provide necessary training for Contractor’s Program to
include:
Exhibit A-1
Page 9 of 12
i. Officer Training
The Contractor shall provide officer training to improve officers’ responses
to people with behavioral health needs and to educate officers on the
Program. The Contractor shall determine the amount of training necessary
to ensure, at a minimum, that there is a group of officers who have
received training about the Program that is sufficient to cover all time
shifts and geographic districts.
ii. Cross-Training
The Contractor shall provide opportunities to behavioral health personnel
and other internal and external stakeholders to help improve cross-system
understanding of agencies’ roles and responsibilities, law enforcement
issues, Program policies and procedures, information sharing, safety, and
other opportunities to see policies translated into action.
3.13 Service Area
The Contractor shall define the service area that best meets the community’s needs
and submit to BHA for approval.
3.14 Individualized Service Provision
The Contractor’s Program shall link individuals referred to or contacted by the
Program to community-based behavioral health supports and services, as appropriate.
3.15 The Non-Displacement of Resources
The Contractor shall ensure Program participants do not receive preferential access to
resources if it would prevent others on waitlists, or who had previously secured a
resource, from being served.
3.16 Evidence-Based Practices
The Contractor shall use evidence-based and promising practices within the screening
and service delivery structure, as appropriate, to support effective outcomes. The use
of a risk/need/responsivity (RNR) model is encouraged to assess various factors such as
substance use disorders, mental illness, cognitive or physical impairments, financial
issues, family dynamics, housing instability, developmental disabilities, low literacy
levels, and lack of reliable transportation, all of which may need to be addressed to
support success.
3.17 Staff Time Tracking and Invoicing
The Contractor shall ensure expenses and staff time are tracked and invoiced
separately for each Program or funding stream.
Exhibit A-1
Page 10 of 12
3.18 Subcontractor or Partnership Contract Execution and Termination
The Contractor shall submit copies of all their subcontracts related to this project
within thirty (30) days of subcontract execution. In the event of the termination of a
partnership with a subcontractor related to service provision of this project, the
Contractor shall transition to a new partnership or hire personnel within the
Contractor’s agency no later than thirty (30) days from termination to ensure
continuity of service for participants of the Program. The Contractor shall
communicate any subcontractor termination via email to the BHA Program Manager
within one (1) business day.
a) DELIVERABLE: Subcontractor Executed Copies
b) DUE DATE: Upon execution of subcontracts
c) DELIVERED TO: cdhs_bhadeliverables@state.co.us
3.19 Critical Incident Reporting
If a Critical Incident (including death, physical assault and/or serious injuries sustained
by Program staff or clients) occurs during a Co-Responder intervention or response,
the Contractor shall make the appropriate selection on the BHA data collection form
and inform the BHA Program Manager within three (3) days to determine any
additional actions.
3.20 Data Collections and Program Outcomes
The Contractor shall collect data, measure outcomes, and report Program outcomes to
the State, using the BHA data collection form, to assist in determining the
effectiveness of the Program. The Contractor shall provide the BHA Program Manager
with the email(s) of the Program personnel who are responsible for the monthly data
submission for inclusion on the Secure Uploader whitelist. The URL for the Secure
Uploader is listed on the data collection form and may be requested from the BHA
Program Manager
a) Deliverable Report Title: Monthly data reporting
b) Deadline: Fifteen (15) days after the end of the reporting month
c) Deliverable Submission: Upload completed data template monthly via the BHA
Secure Uploader
Exhibit A-1
Page 11 of 12
Article 4
Deliverables
4.1 Deliverables Table
The Contractor shall provide the deliverables in accordance with the dates outlined in
the table below to cdhs_bhadeliverables@state.co.us, unless otherwise specified.
Deliverable deadlines occurring after contract end date are contingent upon contract
renewal. Deadlines may be altered administratively.
Deliverable Deadline Statement of Work
Reference
Revised Work Plan
On a template provided by BHA)
Due 30 days from Contract
Effective Date and annually Article 3.2
Program Policies and Procedures
Document
During implementation phase:
1. Draft document due to BHA
ninety (90) days from
Contract Effective Date.
2. Final document due to BHA
thirty (30) days from
reviewed draft sent from
BHA to Contractor.
Subsequent updates to policies
and procedures due to BHA
within ten (10) days of
Article 3.11
Partnership agreement(s) copies Upon execution of partnership
agreement(s) Article 3.9
Mutually agreed upon day/time via Monthly Article 3.12
Using BHA provided template and Fifteen (15) days after the end
of the reporting month Article 3.20
Subcontract(s) copies Upon execution of
subcontract(s) Article 3.18
Articles 3.5 and 3.6
Article 5
Performance Outcome Measures
5.1 Measure: Number of calls for service and referrals received and responded to by
Program
Exhibit A-1
Page 12 of 12
Outcome Goal: Of the total number of Program calls for service and referrals, 70% or
more will receive a response.
5.2 Measure: Number of calls that do not result in arrest.
Outcome Goal: Of the total number of active Co-Responder calls, 90% or more will not
result in arrest when there is no cause for mandatory arrest (at the discretion of the
officer).
5.3 Measure: Number of interventions, services and resource linkage provided to
individuals contacted by the Program.
Outcome Goal: Of the total number of individuals contacted, 70% will receive one or
more intervention, service, or linkage to resources.
EXHIBIT B-1
BHA Program Co-Responder Program
Program Contact Name, Title Ian Stewart, Chief of Police
Agency Name Town of Estes Park Phone 970-577-3825
Email istewart@estes.org
Fiscal Contact Name, Title Sharla Beesley, Grant Coordinator
Budget Period FY 27: 07.01.2026-06.30.2027 Phone 970-577-3708
Email sbeesley@estes.org
Project Name
LINC-EPPD (Larimer Interagency Network of Co-Responders-
Estes Park Police Department Date Completed
Expenditure Categories
Personnel Services / Salaried Employees Annual Budget
Position Title Description of Work Gross or Annual
Salary
Fringe Percent of Time
on Project
Total Amount Requested
from BHA
Personnel Services / Hourly Employees Annual Budget
Position Title Description of Work Hourly Wage Hourly Fringe Total # of Hours
on Project
Total Amount Requested
from BHA
Total Personnel Services (including fringe benefits)-$
Contractors / Consultants (payments to third parties or entities) Annual Budget
Contractor Name Description of Work Rate Quantity
Total Amount Requested
from BHA
SummitStone Behavioral
Health
11,583.33 12 139,000.00$
Total Contractors/Consultants 139,000.00$
Travel Annual Budget
Item Description of Item Rate Quantity
Total Amount Requested
from BHA
Total Travel -$
Exhibit B-1: FY27 Annual Budget
All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred.
4/14/2026
Behavioral Health Co-Responder to provide clinical expertise to support law
enforcement through in-person co-response with officers, phone-based
assessments and referral support, consultation, psychoeducation, and follow-up
services. A Case Manager to coordinate referrals and deliver case management
services, including outreach, engagement, care coordination, and follow-up.
Also includes indirect expenses
May also include allowable program expenses, such as client needs, training and
professional development, operational needs, etc, as approved and availability
of funding
Page 1 of 2 Revised: 04_06_2023
EXHIBIT B-1
Supplies & Operating Expenses Annual Budget
Item Description of Item Rate Quantity Total Amount Requested
from BHA
Total Supplies & Operating Expenses -$
TOTAL DIRECT COSTS (TDC)139,000.00$
Exclusions from Indirect Cost Base expenses per OMB 2CFR § 196
Subaward in excess of 50 000 -
Rent -
E ui ment -
Other -
Total Ex enses er OMB 2CFR § 200 -$
MODIFIED TOTAL DIRECT COSTS (MTDC)139,000.00$
Indirect Costs Annual Budget
Indirect Cost Descri tion of Item Percenta e Total Amount Re uested
15% De Minimis Rate -$
Total Indirect -$
TOTAL Request 139,000.00$
Page 2 of 2 Revised: 04_06_2023
RESOLUTION 62-26
SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR
LICENSE APPLICATION FOR EASTERN SLOPE LLC DBA EASTERN SLOPE
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a new HOTEL & RESTAURANT Liquor
License, filed by EASTERN SLOPE LLC DBA EASTERN SLOPE, 200 Moraine Avenue,
Estes Park, Colorado, is April 30, 2026.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, June 9, 2026, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 3.8 miles, as measured from the center of the
applicant's property.
DATED this day of , 2026
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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: Paul J. Fetherston, Internal Services Director
Robert Schumaker, Facilities Supervisor
Department: Internal Services
Date: May 26, 2026
Subject: Resolution 63-26 Contract Renewals with Dickinson Electric Inc., Flash
Electric Inc., and South Paw Electric Company for On-Call Electrical
Services – Budgeted
Type: Resolution
Objective:
Town Board approval of Resolution 63-26 approving extension #1 to the 2025 On-Call
Electrical Services Contracts with Multiple Contractors.
Present Situation:
At its April 22, 2025 meeting, the Town Board approved Resolution 34-25 after a
competitive bid process, contracting with the multiple contractors listed below for on-call
electrical services. The contract was through April 22, 2026 with an option of three (3)
one year renewals. If approved, this would be the first of three permissible extensions.
• Dickinson Electric Inc.
• Flash Electric Inc.
• South Paw Electric Company
Proposal:
Staff seeks to renew the 2025 on-call electrical services contracts for the first of three
maximum renewals allowed by the contract.
The on-call costs for each vendor remain the same from the 2025 contract with the
exception of one vendor (Dickinson Electric Inc.) which requested an adjustment of $5
per hour that is reflected in its Schedule of Charges (attached).
The staff recommendation to renew this contract is based primarily on its experience
with the contractors over the preceding year. The staff assessment of a renewal
recommendation includes performance responsiveness, reliability, quality of work,
communication, and the contractor’s history of meeting the Town’s operational needs in
a timely and professional manner.
Advantages:
• Priority Service: During an electrical emergency, the Town has access to
immediate services thereby minimizing wait times and potential damage.
• Expertise, Experience and Equipment: Professional electricians have (a) a depth
of knowledge and experience ensuring issues are diagnosed and resolved
efficiently; and (b) access to advanced tools and high quality materials ensuring
precise and durable repairs.
• Safety: Handling electrical systems involves risk. Professional electricians can
ensure that work is done safely and in compliance with code.
• Continue the Town’s on-call electrical services without interruption.
• Continuity of operations with vendors that have experience with and capabilities
in electrical services that benefit the Town.
• Town staff have a good working relationship with the on-call vendors with overall
positive feedback from internal stakeholders.
Disadvantages:
• Cost: Since prices are fixed through an on-call contract, prices can be higher.
Conversely, stable and fixed prices could be an advantage.
Action Recommended:
Staff recommend the renewal of the on-call electrical services contracts with Dickinson
Electric Inc; Flash Electric Inc,; and South Paw Electric Company.
Finance/Resource Impact:
The costs for on-call electrical services would be processed through either the Facilities
repairs and maintenance account or an account identified by the Department utilizing
the services – absent an emergency that the account could not support.
Level of Public Interest:
There is public interest in the Town repairing and maintaining its facility infrastructure
through professional services in a timely manner.
Sample Motion:
I move for the approval/denial of Resolution 63-26.
Attachments:
1. Resolution 63-26
2. Draft On-Call Electrical Services Renewals
3. Original On-Call Electrical Services Contracts
RESOLUTION 63-26
APPROVING RENEWALS OF CONTRACTS WITH MULTIPLE CONTRACTORS
FOR ON-CALL ELECTRICAL SERVICES
WHEREAS, the Town by Resolution 34-25 entered On-Call Electrical Services
Contracts with Dickinson Electric Inc.; Flash Electric Inc.; and South Paw Electric
Company; and
WHEREAS, each of the original contracts provided for up to three renewals by
mutual agreement of the respective parties; and
WHEREAS, the Town desires to exercise the first of the three renewals for each
contract; and
WHEREAS, these on-call services are typically budgeted within the building repair
and maintenance accounts within the Internal Services Department Facilities Division or
Department requiring the services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the contract renewals
referenced in the title of this resolution in substantially the form now before the Board. All
provisions of Resolution 34-25 regarding spending authority remain in effect.
DATED this day of
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
SERVICES CONTRACT
RENEWAL NO. 1
On-Call Electrical Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Dickinson Electric, Inc. (Contractor), whose address is 1175 E 2nd Street, Loveland, Colorado
80537, make this Contract Renewal this __________ day of ____________________, 2026, at
the Town of Estes Park, Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town and Contractor entered into a Services Contract on 22nd day of April, 2025 for
On-Call Electrical Services (Contract).
1.2 Section 21 of the Contract originally provided that the term would continue through
April 23, 2026, and provided for up to three renewals for a period of one year each,
upon mutual agreement of the parties.
1.3 The Contract has not yet been extended.
1.4 Town and Contractor desire to extend the Contract for an additional year.
2 RENEWAL: The term of the Contract is hereby renewed for one additional year.
3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force
and effect. All provisions of the Contract relating to the interpretation or application of the
Contract shall apply equally to this Contract Renewal as though fully set forth herein. This
instrument forms a contract only when executed in writing by duly authorized
representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
4 UPDATED SCHEDULE OF CHARGES: Effective upon commencement of the Renewal
Term, Contractor’s fees and hourly rates shall be as set forth in the Schedule of Charges
attached hereto as Exhibit A. The Schedule of Charges replaces and supersedes any prior
rate schedules under the Contract and shall remain in effect for the duration of the Renewal
Term. All services performed during the Renewal Term shall be billed in accordance with
the rates set forth in Exhibit A.
Signature pages follow.
Attachment 2
Page 2 of 4
CONTRACTOR
By:
Title: _______________________________
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
Page 3 of 4
TOWN OF ESTES PARK
By:
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
APPROVED AS TO FORM:
Town Attorney
Page 4 of 4
EXHIBIT A
2026 – 2027 SCHEDULE OF CHARGES – DICKINSON ELECTRIC, INC.
RATES FOR LABOR AND EQUIPMENT USAGE
(per hour of actual working time, unless otherwise noted)
Labor Rates (including all surcharges):
Electrical projects during Regular Business Hours:
7:00AM to 5:00PM Monday-Friday, Excluding Town Holidays
Per Hour
INCLUDES TRAVEL
Labor Rates (including all surcharges):
Electrical projects during EMERGENCY HOURS:
5:00PM to 7:00AM Monday-Friday; Saturday and Sunday; including Town Holidays
Per Hour
INCLUDES TRAVEL
ADDITIONAL ITEMS
• Trip Fee of $40.00 per callout
• Two Hour Minimum callout time for both emergency and non-emergency calls
SERVICES CONTRACT
RENEWAL NO. 1
On-Call Electrical Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Flash Electric, Inc. (Contractor), a Colorado corporation, whose address is 3341 Rockwood Lane
South, Estes Park, Colorado 80517, make this Contract Renewal this __________ day of
____________________, 2026 (“the Effective Date”), at the Town of Estes Park, Colorado,
considering the following facts and circumstances:
1 RECITALS:
1.1 Town and Contractor entered into a Services Contract on 22nd day of April, 2025 for
On-Call Electrical Services (Contract).
1.2 Section 21 of the Contract originally provided that the term would continue through
April 23, 2026, and provided for up to three renewals for a period of one year each,
upon mutual agreement of the parties.
1.3 The Contract has not yet been renewed.
1.4 Town and Contractor desire to renew the Contract for an additional year.
2 RENEWAL: The term of the Contract is hereby renewed for one additional year from
the Effective Date.
3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force
and effect. All provisions of the Contract relating to the interpretation or application of the
Contract shall apply equally to this Contract Renewal as though fully set forth herein. This
instrument forms a contract only when executed in writing by duly authorized
representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
Signature pages follow.
Page 2 of 3
CONTRACTOR
By:
Title: _______________________________
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
Page 3 of 3
TOWN OF ESTES PARK
By:
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
SERVICES CONTRACT
RENEWAL NO. 1
On-Call Electrical Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
South Paw Electric Corporation (Contractor), a Colorado corporation, whose address is 4433 NE
County Line Road, Erie, CO 80516, make this Contract Renewal this __________ day of
____________________, 2026 (“the Effective Date”), at the Town of Estes Park, Colorado,
considering the following facts and circumstances:
1 RECITALS:
1.1 Town and Contractor entered into a Services Contract on 22nd day of April, 2025 for
On-Call Electrical Services (Contract).
1.2 Section 21 of the Contract originally provided that the term would continue through
April 23, 2026, and provided for up to three renewals for a period of one year each,
upon mutual agreement of the parties.
1.3 The Contract has not yet been renewed.
1.4 Town and Contractor desire to renew the Contract for an additional year.
2 RENEWAL: The term of the Contract is hereby renewed for one additional year from
the Effective Date.
3 PROVISIONS CONTINUE IN EFFECT: All provisions of the Contract remain in full force
and effect. All provisions of the Contract relating to the interpretation or application of the
Contract shall apply equally to this Contract Renewal as though fully set forth herein. This
instrument forms a contract only when executed in writing by duly authorized
representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
Signature pages follow.
Page 2 of 3
CONTRACTOR
By:
Title: _______________________________
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, by ______________________________, as
_____________________________ of ______________________________, Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
Page 3 of 3
TOWN OF ESTES PARK
By:
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
TOWN OF ESTES PARI^
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
On-Call Electrical Services
The parties, the Town ofEstes Park, Colorado (Town), a municipal corporation, and
Dickinson Electric Inc. (Contractor), a Colorado corporation, whose addres^ is 1175 E 2"'1 Street,
Lovdand, Colorado 80537, make this Contract this ^^ _ day of /4<?F( I _,
4/9/2025, at the Town ofEstes Park, Colorado, considering the following facts and
circumstances:
1 RECITALS;
1.1 Town desires to use the services of Contractor outlined in Contractor's Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing tlie entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 Notice of Award;
2.5 Request for Proposals, containing 27 pages, dated February 12, 2025;
2.6 Contractor's Proposal, containing 13 pages, dated March 3, 2025; and
2.7 Insurance Certificates.
3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
Attachment 3
BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town's notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule.
PRICE: The Town will pay Contractor for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Contractor for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Contractor, as described in the Contractor's Proposal. This Contract
does not create a multiple fiscal year direct or indirect debt or other financial obligation.
Each request for service shall incur a concurrent debt for that request only. All financial
obligations of the Town under this Contract are contingent upon appropriation, budgeting,
and availability of specific funds to discharge such obligations.
TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primaiy employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Contractor of the question, nonconformky or
reasons for withholding.
QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
Town ofEstes Park Services Contract - Page 2 of 10
9 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK: CONTRACTOR:
Paul J. Fetherston, Internal Services Director Tim Stewart, General Manager
170 MacGregor Avenue 1175 E 2nd Street
Estes Park, CO 80517 Loveland, CO 80537
10 COMPLIANCE WITH LAW: Contractor will perform this Contract 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 aU orders and decrees of bodies or tribunals applicable to
work under this Contract. Contractor shall defend 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 Contractor follows the safety regulations issued by OSHA.
11 PERMITS AND LICENSES: The Contractor 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 Services. Anyone conducting business in the Town of Estes Park is
required to have a business license which can be obtained from the Town Clerk's Office.
12 PATENTED DEVICES. MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with fomis and
insurers acceptable to Town. In addition, Contractor shall maintain such-coverages for the
insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims-
made policy. Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Professional Liability for at least $1,000,000.
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers' Compensation
and Employer's Liability coverage.
13.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
Town ofEsles Park Services Contract -- Page 3 of 10
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $ 1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.5 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers' compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insiireds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.6 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.7 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town ofEstes Park
170 MacGregor Avenue
PO Box 1200
EstesPark,C080517
Attention: Paul J. Fetherston, Internal Services Director
With the exception of professional liability and workers' compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance .policies shall be
with companies qualified to do business in Colorado with a general policyholder's
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured,shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
as primaiy policies not contributing to and not in excess of coverage the Town may
carry.
Town ofEates Park Sen'it'es Contract — Page 4 of 2
13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
13.10 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 etseg., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
13.11 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date pf the Services and will state that in the event of cancellation
or nonrenewal, the discoveiy period for insm'ance claims (tail coverage) will be at
least 72 months.
13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION:
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits Judgments, and expenses (including attorneys'
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
error, omission or negligent act of the Contractor, anyone directly .or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Tnderrmitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
Town ofEsles Park Servires Contract — Page 5 of 2
in the Town ofEstes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor's officers, employees and
agents are not entitled to Workers' Compensation benctits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states. Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving sei'vices or benefits
under this Agreement is an incidental beneficiary only.
19 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor's and
subcontractors' employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town's work sites. Such a bar shall not warrant an increase in contract time or Price.
20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on April 23, 2025 and shall continue through April
23, 2026 with the option of four additional renewals, on an annual basis, upon agreement of
both parties.
22 TERMINATION:
22.1 In addition lo any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
Town ofEslc's Park Services Contract — Page 6 of 2
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer's materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor's breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Town ofEstes Park Services Contract — Page 7 of 2
Signature pages follow.
Town oJ'Efites Park Services Contract — Page 8 of 2
CONTRACTOR:
By:^/c^-T
Title:1/«/7?-<A^Date
State of (^)lar^i
County of LdA \MJiX
ss
The foregoing instrument was acknowledjged before me this 10 day of -^pA\ y 3AA<S
4/9/2025, by CLty^sJ \\^lW^ as
VttL^<CAduU\J- of ^>\0^£a0>r\ E^cAwC-^., Contractor. (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 P^u^A^T G\ ^2j0^-^
JENELLCHEEVER
NOTARY PUBLIC
STATE OF COLORADO.
NOTARY ID 20124050338
MY COMMISSION EXPIRES August fl 2028
iM ^[AJLSUU^J
ary Public
Town ofEstes Park Sen'ires Contract — Page 9 of 2
TOWN OF ESTES PARK:
5
B^±-^/— (-^-^-^^ ^/ -^ ^ -2^)26-
V. j ' Date
Title: /V\ ^W^
State of CcAor<3^d^ _)
ss
County of \^Cur\r^QJ~ _)
The foregoing instrument was acknowledged before me by I-^CLT^A ^A^LI
as \^\C^n>^~ _ of the Town ofEstes Park, a Colorado municipal
corporation, on behalf of the corporation, this 2.a] day of _]f\^r^_
4/9/2025.
Witness my hand and official Seal.
My Commission expires 12." 6^/" ^JC>2S' ,
0flGRETAL^MCAMPBEU~'~'I l MnS^^^li^
NOTARY PUBLIC
STATE OF COLORADO
N.OTAWJD20244044259MYCOMMISSIONEXPIRESDECEMBER 4,2028 I
APPROVED AS TO FORM:
Town Attorney
Town ofEstesf Park Sei-vices Contract — Page 11) of 2
TOWN OF ESTES PARI<^
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
On-Call Electrical Services
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Flash Electric, Inc. (Contractor), a Colorado corporation, whose address is 3341 Rockwood Lane
South, Estes Park, Colorado 80517, make this Contract this cS^^t> day of
A+>e_3-(__ , 2025, at the Town ofEstes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor's Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 Notice of Award;
2.5 Request for Proposals, containing 27 pages, dated February 12, 2025;
2.6 Contractor's Proposal, containing 28 pages, dated February 27, 2025; and
2.7 Insurance Certificates.
3 SCOPE OF SERVICES: Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessaiy to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Contractor shall begin
services under this Contract upon receiving Town's notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule.
5 PRICE: The Town will pay Contractor for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Contractor for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Contractor, as described in the Contractor's Proposal. This Contract
does not create a multiple fiscal year direct or indirect debt or other financial obligation.
Each request for service shall incur a concurrent debt for that request only. All financial
obligations of the Town under this Contract are contingent upon appropriation, budgeting,
and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Contractor of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
Town ofEstes Park Sen'ices Contract — Page 2 of 10
the contract price and completion time shall be modified only as set out in the written
change order.
9 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK: CONTRACTOR:
Paul J. Fetherston, Internal Services Director Ken Schwarz, Owner/ Master Electrician
170 MacGregor Avenue 3341 Rockwood Lane South
EstesPark,CO 80517 Estes Park, CO 80517
10 COMPLIANCE WITH LAW: Contractor will perform this Contract 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 Contract. Contractor shall defend 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 Contractor follows the safety regulations issued by OSHA.
11 PERMITS AND LICENSES: The Contractor 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 Services. Anyone conducting business in the Town ofEstes Park is
required to have a business license which can be obtained from the Town Clerk's Office.
12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims-
made policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Professional Liability for at least $ 1,000,000.
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers' Compensation
and Employer's Liability coverage.
Town ofEstes Park Services Contract — Page 3 of 10
13.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.5 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers' compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Eveiy policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.6 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.7 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town ofEstes Park
170 MacGregor Avenue
PO Box 1200
EstesPark,C080517
Attention: Paul J. Fetherston, Internal Services Director
With the exception of professional liability and workers' compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder's
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
Town ofEstes Park Sen'ices Contract — Page 4 of 10
as primary policies not contributing to and not in excess of coverage the Town may
carry.
13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
13.10 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
13.11 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the Services and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION:
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Indemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys'
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
error, omission or negligent act of the Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
Town ofEstes Park Services Contract — Page 5 of 10
14.3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town ofEstes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor's officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessaiy. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17 HEADFNGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18 NO THIRD-PARTY BENEFICIARIES : The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
19 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor's and
subcontractors' employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town's work sites. Such a bar shall not warrant an increase in contract time or Price.
20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on April 23, 2025, and shall continue through April
23, 2026 with the option of four additional renewals, on an annual basis, upon agreement of
both parties.
22 TERMINATION:
Town ofEstes Park Sen'ices Contract — Page 6 of 10
22.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer's materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
Town ofEstes Park Sen'ices Contract — Page 7 of 10
29 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor's breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Town ofEstes Park Services Contract — Page 8 of 10
CONTRACTOR:
Y-/^<
itle: F^.s.
Date
Title
State of ^CCO^^O
County of LA^ft^W-
ss
The foregoing instrument was acknowledged before me this
ex<^ 2025, by ^f^J ^ftHiJAfJf-
f%^£V //^y Q^c^ntfe^J of (•S€L€f\
v^day of
as
Contractor. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attomey-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 f^fUL^f J^^ <Zg>^ft
BUNNY VICTORIABEERSNOTARYPUBLICSTATEOFCOLORADONOTARYID20164028823
MY COMMISSION EXPIRES JULY 29, 2028
B^
Town ofEstes Park Services Contract — Page 9 of 10
TOWN OF ESTES PARK:
C^S-O^-Ji.3.
Date
Title:
State of CJOCO 0- P^>0
County of L
ss
The foregoing instrument was acknowledged before me by ^A^. ^A<_<_ _,
as _M4^fDl^- _ of the Town ofEstes Park, a Colorado municipal
corporation, on behalf of the corporation, this <<A*)b day of_A'PPS^iL- _,2025.
Witness my hand and official Seal.
My Commission expires rj^t.y Of\, <3r»S
BUNNY VICTORIABEERSNOTARYPUBLICSTATEOFCOLORADONOTARYID20164028823MYCOMMISSIONEXPIRESJULY29, 2028
fe^^^Tublic
APPROVED AS TO FORM:
Town Attorney
Town ofEstes Park Sen'ices Contract — Page 10 of 10
TOWN OF ESTES PART<^
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
On-Call Electrical Services
The parties, the Town ofEstes Park, Colorado (Town), a municipal corporation, and
South Paw Electric Corporation (Contractor), a Colorado corporation, whose address is 4433 NE
County Line Road, Erie, CO 80516, make this Contract this 2.2-. day of
j_^_, 2025, at the Town ofEstes Park, Colorado, considering the following
facts knd circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor's Proposal; and;
1.2 Contractor has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract,
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents, In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2,3 This Contract;
2.4 Notice of Award;
2.5 Request for Proposals, containing 27 pages, dated February 12, 2025;
2.6 Contractor's Proposal, containing 6 pages, dated March 4,2025; and
2.7 Insurance Certificates.
3 SCOPE OF SERVICES; Contractor shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superinteudence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE; The Contractor shall begin
services under this Contract upon receiving Town's notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule.
5 PRICE: The Town will pay Contractor for the performance of this Contract, on an as-needed
basis documented by email or other written correspondence between the Town and
Contractor for each individual assignment under this Contract, and the not-to-exceed billing
rates provided by the Contractor, as described in the Contractor's Proposal. This Contract
does not create a multiple fiscal year direct or indirect debt or other financial obligation.
Each request for service shall incur a concurrent debt for that request only. All financial
obligations of the Town under this Contract are contingent upon appropriation, budgeting,
and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primaiy employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses, The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Contractor of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Contractor of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Contractor under the following conditions;
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7,2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents,
7.3 Any part of such payment is attributable to Ser/ices not conforming to this Contract.
Town will pay for any part attributable to conforming Services).
7,4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract,
CHANGE ORDERS; Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
Town ofEsles Park Services Contract — Page 2 of 10
the contract price and completion time shall be modified only as set out in the written
change order.
9 SERVICE OF NOTICES; The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK; CONTRACTOR:
Paul J, Fetherston, Internal Services Director Trevor Parmenter, Owner/ President
170 MacGregor Avenue 443 3 NE County Line Road
EstesPark,CO 80517 Erie, CO 80517
10 COMPLIANCE WITH LAW: Contractor will perform this Contract 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 Contract, Contractor shall defend 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 Contractor follows the safety regulations issued by OSHA.
11 PERMITS AND LICENSES; The Contractor 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 Services. Anyone conducting business in the Town ofEstes Park is
required to have a business license which can be obtained from the Town Clerk's Office.
12 PATENTED DEVICES. MATERIALS AND PROCESSES: The Conb-actor shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services,
13 INSURANCE: Contractor shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below,'with forms and
insurers acceptable to Town. In addition, Contractor shall maintain such coverages for the
insurance listed in Paragraphs 13.1, 13,3 and 13,4 for two additional years. For any claims-
made policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Professional Liability for at least $ 1,000,000.
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers' Compensation
and Employer's Liability coverage.
Town ofEstes Park Services Contract —Page 3 of 10
13,3 General liability, including contractual liability, of at least $ 1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability,
13.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Contractor's owned, hired or non-owned vehicles assigned to 01" used in
performance of this Contract.
13.5 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers' compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Contractor.
13.6 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.7 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town ofEstes Park
170 MacGregor Avenue
PO Box 1200
EstesPark,C080517
Attention: Paul J. Petherston, Internal Services Director
With the exception of professional liability and workers' compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder's
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Contractor and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
Town ofEstes Park Services Contract - Page 4 of 10
as primary policies not contributing to and not in excess of coverage the Town may
carry.
13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract,
13.10 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetaiy limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq,, C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees,
13.11 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the Services and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
13,12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION;
14.1 Contractor and its agents, principals, officers, partners, employees, and subcontractors
Indemnitors") shall and do agree to indemnify, protect, and hold harmless the
Town, its officers, employees, and agents ("Tndemnitees") from all claims, damages,
losses, liens, causes of actions, suits, judgments, and expenses (including attorneys'
fees), of any nature, kind, or description ("Liabilities") by any third party arising out
of, caused by, or resulting from any Services under this Contract if such Liabilities
are; (1) attributable to bodily injury, personal injury, sickness, disease, or death of any
person, or to the injury or destruction of any tangible property (including resulting
loss of use or consequential damages) and (2) caused, in whole or in part, by any
error, omission of negligent act of the Contractor, anyone directly or mdii'ectly
employed by it, or anyone for whose acts Contractor may be liable.
14,2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Tndemnitor shall be jointly and severally liable to the
Indemnitees for mdemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to inderrmification or other remedy the
Town, or any of the Indemnitees may have by law.
Town of Rates Park Services Contract - Page 5 of 10
14,3 As part of this indemnity obligation, the Contractor shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
m the Town ofEstes Park for similar services. This obligation to indemnify the Town
shall survive the tern-iination or expiratioti of this Agreement,
15 INDEPENDENT CONTRACTOR: Contractor shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Contractor, Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor's officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, supermtendence, personnel,
insura-nce and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall constme its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
17 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
18 NO THIRD-.PARTY BENEFICIARIES ; The parties intend no third-party beneficiaries
under this Contract, Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
19 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Contractor's and
subcontractors' employees) from the Town's work sites. Such a bar shall not require any
employee's discharge from employment, but shall merely prohibit the employee's presence at
Town's work sites, Such a bar shall not warrant an increase in contract time or Price.
20 WAIVER; No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on April 23, 2025, and shall continue through April
23, 2026 with the option of four additional renewals, on an annual basis, upon agreement of
both parties,
22 TERMINATION:
Town ofE.ttes Park Services Contract — Page 6 of 10
22.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
22.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience, The Town may effect such termination by giving Contractor
written Notice of Termination specifying the extent and effective date of termination.
I In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed,
22.3 If either party so terminates, the Contractor shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer's materialsS of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination,
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will,
24 AS SIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other,
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this .Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract,
Town ofEstes Park Sei-vices Contract — Page 7 of 10
29 DAMAGES FOR BREACH OF CONTRACT; In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor's breach of any provision of this '
Contract, Contractor shall be liable for actual and consequential damages to the Town,
Signature pages follow.
Town ofEstea Park Services Contract — Page S of 10
CONTRACTOR:
Title: Owner/President
Date
State of_^OLoAMO_
County of •6oq^R
ss
The foregoing instrument was acknowledged before me this pl 5
APP-n- _, 2025, by -T^ i/o ^ /1Aft^^/^7^
f^
P(Z^S3:De/JT of 'SO^TH f/hu ^UcTftc
day of
as
Contractor, (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attomey-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 U- 6- 3-o2l] _.
LORIMASSAR
NOTARYPUBLICSTATEOFCOLORADO
NOTARY ID 20014010868
MY COMMISSION EXPIRES APRIL 6,_2029
0^, }Y\LL-y^.
Notary Public
Town o/'E.'ile.f Park Services Contract — Page 9 of 10
TOWN OF ESTES PARK;
By;^r
Title:JA c\\/ o~\C7
ss
l^-^o^
Date
State of OcAwYX/iO
County of LO^'mno^"' _)
The foregoing mstmment was acknowledged before me by ^\Qjrj
as Hn^o^.
J
of the Town ofEstes Park, a Colorado municipal
corporation, on behalf of the corporation, this ^\ day of__^4-^Q^_, 2025.
Witness my hand and official Seal.
My Commission expires /-'-/ OA ) 2,02-S1
GRETALWEISSCAMPBELLNOTARYPUBLICSTATEOFCOLORADONOTARYID20244044259MYCOMMISSIONEXPIRESDECEMBER 4, 2028
APPROVED AS TO FORM:
Town Attorney
h,4nA Lno;j^ ^^v^
Notaiy Public
Town qfEstes Park Services Contract — Page 10 of 10
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: Superintendent Lockhart, Director Bergsten
Department: Utilities Department, Power and Communications Division
Date: May 26, 2026
Subject: Resolution 64-26 Requesting the Department of Local Affairs Amend
Grant EIAF B-022’s Scope of Project
Type: Resolution
Objective:
To revise the Scope of Work for the Department of Local Affairs (DOLA) Broadband
Planning and Implementation grant agreement #EIAF B-022 to reflect a reduced
construction scope due to post award inflation.
Present Situation:
The DOLA Broadband Implementation Grant was originally awarded to facilitate fiber
design and construction in the Glen Haven, Allenspark, and Highway 34 areas, as well
as preliminary engineering for Pinewood Springs. While the team completed 100% of
the engineering and design scope of work, inflationary costs meant the project funds
were depleted before the full construction scope could be completed.
Scope Completed:
● Glen Haven: Design and construction completed.
● Allenspark: Design and construction of one out of the five cabinet areas
completed
● Highway 34: Design completed
● Pinewood Springs: Preliminary Engineering Completed.
Summary of Increased Costs for Grant EIAF B-022
The Estes Park Broadband Planning and Implementation project (Grant #EIAF B-022)
faced significant financial challenges, necessitating a reduction in the original project
scope. The team successfully completed 100% of the engineering and design work, but
construction funds were depleted before the full scope could be realized.
Unanticipated Factors Contributing to the Depletion of Funds
● Post-Award Inflation: Increases in the cost of labor and materials became
apparent in early 2023. Despite shifting from independent contractors to more
cost-effective in-house staff, inflationary pressures outweighed labor savings.
● Weather: Heavy rain caused flood damage to a project fiber feeder line under
construction in Glen Haven, requiring repair and reconstruction, and adding
unexpected costs to the project.
● Site Condition Discrepancies: The team encountered major difficulties
connecting main feeder lines along CR 43. Existing conduits placed during the
2013 flood repairs were either plugged or unusable, necessitating more difficult
and expensive work than originally planned.
● High Demand (Take Rate): The planned take rate of 20% in the Glen Haven area
more than doubled to 44%. This higher-than-expected demand increased the
amount of planned middle-mile construction.
● Infrastructure Requirements: Final design work revealed the need for an
increased size network cabinet in the Allenspark area, further impacting the
budget.
Staff remain committed to completing the remaining construction segments as revenues
from Trailblazer Broadband operations become available.
Proposal:
We request the Town Board authorize the Mayor to sign a letter to DOLA requesting the
scope of work be reduced to match the completed scope. The changes include adding
the use of in-house staff for construction and removing the uncompleted construction
segments in Allenspark and along Highway 34.
Advantages:
● Approving this revision and the accompanying letter will allow the Town to
accurately report project outcomes and formally close out the grant agreement.
Disadvantages:
● None
Action Recommended:
Staff Recommends approval of the resolution
Finance/Resource Impact:
There are no future impacts on revenues or expenses.
Level of Public Interest:
High, we have residents in the P&C unbuilt areas that have registered their interest in
our service.
Sample Motion:
I move to approve/deny Resolution 64-26.
Attachments:
1. Resolution 64-26
2. Summary of cost increases
RESOLUTION 64-26
A RESOLUTION REQUESTING THE DEPARTMENT OF LOCAL AFFAIRS AMEND
GRANT EIAF B-022’s SCOPE OF PROJECT
WHEREAS, the Town of Estes Park acting by and through its Power and
Communications Enterprise passed Resolution 96-22 accepting DOLA Grant EIAF-B022;
and
WHEREAS, inflation drove costs to exceed the project’s planned estimates; and
WHEREAS, the project funds were depleted before the grant’s defined scope was
completed.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Authorize the Mayor to send a letter requesting an amendment to the grant’s
SCOPE OF PROJECT (SOP) section 2.2. "Work Description" to reflect the actual scope
of the project completed with the available funds.
DATED this day of , 2026.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
Attachment 1
Summary of Increased Costs for Grant EIAF B-022
The Estes Park Broadband Planning and Implementation project (Grant #EIAF B-022) faced
significant financial challenges, necessitating a reduction in the original project scope. The team
successfully completed 100% of the engineering and design work, but construction funds were
depleted before the full scope could be realized.
Unanticipated Factors Contributing to the Depletion of Funds
The following factors increased project costs beyond the initial estimates:
●Post-Award Inflation: Increases in the cost of labor and materials became apparent in
early 2023. Despite shifting from independent contractors to more cost-effective in-house
staff, inflationary pressure impacted funding.
●Weather: Heavy rain caused flood damage to a project fiber feeder line under
construction in Glen Haven, requiring repair and reconstruction, and adding unexpected
costs to the project.
●Site Condition Discrepancies: The team encountered major difficulties connecting main
feeder lines along CR 43. Existing conduits placed during the 2013 flood repairs were
either plugged or unusable, necessitating more difficult and expensive work than originally
planned.
●High Demand (Take Rate): In the Glen Haven area, the actual take rate was 44%, more
than double the originally planned 20%. This higher-than-expected demand increased the
planned middle-mile construction.
●Infrastructure Requirements: Final design work revealed the need for an additional
network cabinet in the Allenspark area, further impacting the budget.
Impact on Project Scope
Due to these fiscal constraints, the following adjustments were made to the construction phase:
Glen Haven
Allenspark
Highway 34
Pinewood Springs
The Town remains committed to completing the remaining construction segments as revenues
from Trailblazer Broadband operations become available.
Attachment 2
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: May 26, 2026
Subject: Estes Valley Investment in Childhood Success Base Funding Report
Objective:
EVICS received $30,000 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.
Base Funding Annual
Report
Town of Estes Park Community Initiative
Funding
Supporting Children. Strengthening Families.
Building Community.
Presented by:
Rut Miller
Executive Director
Attachment 1
Provide services that strengthen and
support childre n a nd fa milie s
Our Mission
Who EVICS Served in 2025
Com m unity Impact Across the Estes Valley
2025 Reach
•1,240 individuals served
•496 households supported
•286 children impacted
•Family Development & Family Advocacy
•Tuition Assistance & Childcare Support
•Youth Advocacy & Prevention Education
•ESL Classes & Legal Clinics
•Mental Health Counseling in English & Spanish
•Kids Closet, Diaper Support, and Basic Needs
Assistance
EVICS continued expanding access to preventive, supportive, and stabilizing
services across th e Estes Valley.
EVICS Family Resource Center aligns
with the Town of Estes Park’s
Strategic Goals by strengthening
the childcare system , supporting
working families , and building a
more connected, inclusive , and
family -friendly community .
Alignment with the Town of Estes Park’s Strategic Plan
2025 Organizational Growth & Community Recognition
2 0 2 5 Org anizational
Growth
Expanded Programs & Services
•Launched Family, Friend, and Neighbor (FFN)
childcare cohort
•Expanded bilingual mental health services
•Added Youth Advocate programming
•Trained 3 Peer Support Specialists
•2025 Shavlik Nonprofit of the Year
•Reader’s Choice Best Community
Champion
•Human Relations Award Nominee
Town support helped EVICS:
•Sustain bilingual and culturally responsive programming
•Sustain local family-centered services
•Expand mental health and youth services
•Strengthen community partnerships
•Continue serving families across the Estes Valley
•Leverage additional grants and philanthropic funding
Why Town Support Matters
Rep resenting a p p roxim a tely 3.5% of EVIC S’ 2025 organizational revenue
Base Funding is not just administrative support — it is the foundation that allows EVICS programs and services
to operate consistently, sustainably, and effectively for the Estes Valley community.
“The support from EVICS helped me grow as a parent an
find resources I never knew were available. It changed
the future for my family.”
— EVICS Program Participant
At EVICS, creating a safe space for children
starts with supporting their families.
We know that childcare assistance alone isn’t
enough—true safety and stability come from
meeting the full spectrum of a family’s needs.
That’s why we offer programs that nurture,
empower, and uplift parents alongside their
children. When families are supported, children
thrive.
2025 Impact Report
Attachment 2
2025 Impact Report
This year marked a period of strategic growth and expanded impact for EVICS Family Resource Center. We
strengthened our continuum of care by hiring a Youth Advocate to support children beyond elementary
school and launching accessible mental health therapy services in both English and Spanish. Through
secured grant funding, we trained three Peer Support Specialists, expanding culturally responsive,
community-based mental health support. In response to the local childcare desert, EVICS also launched a
Family, Friend, and Neighbor (FFN) childcare cohort to increase both the quality and availability of care in our
mountain community.
www.evics.org | 2025 Impact Report | 2
External Growth 3
Internal Growth 5
Financial Growth 7
Impact 8
?This year reminded us that real
impact is only possible through
partnership, trust, and a
community willing to show up for
families.?
? Rut Miller, Executive Director
EVICS Family Resource Center is a trusted community hub dedicated to strengthening
children, youth, and families through early childhood resources, mental health support,
and family-strengthening services. We work to ensure equitable access to care,
education, and community-based support so families in the Estes Valley can thrive.
In 2025, EVICS moved from being a
trusted local resource to a
recognized regional
leader? expanding our reach,
partnerships, and impact across
Northern Colorado.
External Growth
Program Summary
EVICS Family Resource Center provides wraparound
family support services that include early childhood
education access, family advocacy, and essential
resources. Programs are designed to reduce
barriers, strengthen stability, and ensure families can
access the support they need to thrive in the Estes
Valley.
Program Updates & Changes
This year, EVICS expanded programming to better
meet emerging family, youth, and childcare needs.
We launched a Special Needs Support Group, hired
a Youth & Family Advocate, and added prevention
education on vaping and digital safety, along with
college and scholarship application support for
youth and families. Our mental health services
continued to grow, with expanded counseling in
English and Spanish and three community members
joining Peer Support Specialist training to partner
with EVICS in offering peer-led support groups. We
From 1,023 individuals in 2024 to
1,240 individuals in 2025
Stronger outreach, expanded
programming, and deeper
community connection
Expanded participation across
cultures, ages, and socioeconomic
backgrounds
www.evics.org | 2025 Impact Report | 3
also introduced speech-language consultations and
launched a Family, Friend, and Neighbor (FFN)
childcare cohort, strengthening early intervention
and expanding childcare access in our mountain
community.
Collaborative Partnerships
This year marked a strong period of growth in EVICS?
collaborative partnerships. We continued to deepen
our partnership with the Town of Estes Park, which
serves as a major partner through its support of local
Tuition Assistance, helping families access and
maintain childcare. We also expanded partnerships
with Rocky Mountain National Park to increase
family access to outdoor experiences, strengthened
our Family Development work through collaboration
with the Family Resource Center Association, and
broadened civic engagement through leadership
participation on the New Americans Community
Advisory Committee.
In addition, Presbyterian Community Church of the
Rockies and Park Fellowship Church partnered with
EVICS by providing welcoming space for weekly
programs, including a beautiful, dedicated space for
our Kids? Closet program, expanding access to
essential resources for families. Together, these
partnerships reaffirmed the importance of shared
leadership and cross-sector collaboration in
supporting families and children.
Visibility & Recognition
-In 2025, EVICS Family Resource Center received
notable recognition that elevated the visibility of
our work and leadership, including:
-2025 Shavlik Nonprofit of the Year
-2025 Reader?s Choice Award ? Best Community
Champion, Estes Park Trail-Gazette
-Nominee, 2025 Human Relations Award, City of
Fort Collins Human Relations Commission
(organization)
-Nominee, 2025 Human Relations Award,
Executive Director Rut Miller, City of Fort Collins
Human Relations Commission
www.evics.org | 2025 Impact Report | 4
?This year, we invested in our
people? expanding capacity and
strengthening skills to meet
growing community needs.?
? Jan Boatman, Board President
Internal Growth
Team & Capacity
EVICS Family Resource Center intentionally
expanded its team to strengthen service delivery,
administrative capacity, and language access. Key
additions included:
-A full-time Program Director to oversee program
implementation, quality, and growth
-A full-time Spanish-speaking Family Advocate to
expand culturally responsive support and
improve access for Spanish-speaking families
-A full-time Administrative and Office Assistant to
strengthen operational efficiency and
organizational infrastructure
-A part-time Youth Advocate to expand
programming and direct support for youth and
teens
Including Program Director, Admin
Assistant, and program-specific
Advocates
Aligning staff roles, culture, and
long-term sustainability
Improving data tracking, reporting,
and accessibility for families
www.evics.org | 2025 Impact Report | 5
Staff & Culture Development
In 2025, EVICS Family Resource Center invested in
staff development to strengthen a strengths-based,
family-centered approach across all programs. Staff
participated in multiple trainings through the Family
Resource Center Association (FRCA) and the
Colorado Department of Early Childhood (CDEC),
enhancing how we engage with and support
families.
Our Youth Advocate, Cameo, earned certifications as
a Digital Safety Educator, Vaping Prevention
Facilitator, and Character Development Roundtable
Facilitator, expanding our capacity to deliver
prevention and youth leadership programming.
We also invested in individual professional growth by
providing one-on-one English language instruction
for Julieth, supporting her professional development
and strengthening her ability to serve families
effectively.
Additionally, staff participated in professional
development through the Estes Park Nonprofit
Network, covering a range of nonprofit-relevant
topics, and we held a staff retreat focused on
connection, alignment, and organizational culture.
Infrastructure
In 2025, EVICS Family Resource Center made
intentional investments to strengthen infrastructure,
efficiency, and service delivery. We transitioned from
paper-based applications, data collection, and
registration to fully digital, online systems,
significantly improving data tracking, reporting, and
accessibility for families.
We also expanded our office space, creating a
dedicated area for mental health consultation,
improving privacy and service quality. Additionally,
we upgraded technology, acquiring new computers,
updated software, and faster, more reliable internet
through Trailblazer, supporting staff productivity and
secure service delivery.
Continuous Growth
As EVICS Family Resource Center continues to grow,
we initiated a strategic planning process in 2025 to
intentionally align staff roles, organizational culture,
and long-term priorities. This work will continue into
2026, supporting clearer direction, stronger internal
communication, and a shared understanding of how
individual roles contribute to our mission and
sustainable growth.
www.evics.org | 2025 Impact Report | 6
Financial Growth
Funder Relationships
EVICS strengthened relationships with new and
existing funders through transparent communication
and demonstrated impact. Continued and new
investments reflect growing trust in our work and
long-term vision.
Grants & Grant Applications
We secured 5 new grant awards this year, including
a $103,000 grant from the Latino Community
Foundation of Colorado, representing new funding
sources that had not previously supported EVICS.
EVICS has several grant applications currently under
review, reflecting new funding opportunities to
support staffing capacity and expanded services for
children and families.
?This year?s financial growth
reflects thoughtful stewardship,
strong accountability, and
increasing community trust ? all of
which strengthen EVICS? ability to
serve families now and build
sustainably for the future.?
? Susie Hochstetler, Treasurer
Including a $103,000 grant from
the Latino Community Foundation
of Colorado
Approximately 27% growth year
over year
Opening the door for new funding
opportunities to support staffing
capacity and expanded services
www.evics.org | 2025 Impact Report | 7
Financial Reflections
Increased revenue enabled EVICS to expand
staffing, launch new programs, and strengthen core
services, while reinforcing the organization?s overall
financial stability and long-term sustainability.
Impact
Community Outcomes
OVERALL REACH:
Served 1,240 individuals across 496 households,
expanding access to preventive, supportive, and
stabilizing services across the Estes Valley.
BASIC NEEDS & ACCESS:
-1,356 diaper packs distributed and 2,189 Kids
Closet items
-18 car seat checks completed, serving 187
individuals through DMV Mobile
-Education & family support:
-32 adult learners participated in ESL classes
-33 families received Family Development
support
-36 individuals accessed legal clinics
-4 individuals supported in attaining U.S.
citizenship
Including 286 children across
496 households
Providing accessible mental health
support in English and Spanish
Through our Tuition
Assistance Program
www.evics.org | 2025 Impact Report | 8
FAMILY STABILITY & EARLY INTERVENTION:
-78 children maintained stable childcare through
Tuition Assistance
-214 hours of bilingual (Spanish/ English)
counseling provided to 52 individuals
-16 children received speech-language
consultations
-42 hours of lactation support delivered
We served more people than ever
before? expanding access to
families across cultures, ages,
and income levels.
COMMUNITY ENGAGEMENT & ENRICHMENT:
Hosted 9 Rocky Mountain National Park summer
events and distributed 30 park passes.
YOUTH STABILITY & FUTURE READINESS:
Supported 20 youth through individualized
advocacy, including college and scholarship
applications, job search support, and goal-setting.
PREVENTION & SAFETY:
Delivered digital safety and vaping prevention
education through community and parent
workshops; materials available in English and
Spanish.
YOUTH ENGAGEMENT:
Facilitated 6 youth activities, serving approximately
17 students, strengthening connection and
belonging.
www.evics.org | 2025 Impact Report | 9
www.evics.org | 2025 Impact Report | 10
?I finally felt supported and
understood. Having access to
counseling in Spanish made it
possible for me to ask for help.?
? Adult Mental Health Program Participant
?EVICS helped my child stay in a
safe, stable childcare environment
while I worked. That stability
changed everything for our family.?
? Parent & Tuition Assistance Participant
?The Kids Closet and diaper
support lifted a huge burden off
our family. It made us feel cared
for, not judged.?
? Parent & Basic Needs Program Participant
?EVICS doesn?t just help in a
crisis? they help you plan for your
future. I felt encouraged and
believed in.?
? Youth Program Participant
?These programs bring people
together. EVICS feels like a place
where everyone belongs, no
matter their background.?
? Community Member
Closing
shutdown that affected families, services, and
systems our community relies on.
These experiences reinforced an important truth: we
cannot afford to remain stagnant. To effectively
serve families amid uncertainty, EVICS must
continue to adapt, evolve, and respond with
flexibility and courage. Our ability to do so? together
with our staff, partners, and community? is what
allowed us to remain steady and present for families
when it mattered most. It is also what gives me
confidence that, no matter what lies ahead, EVICS
will continue to grow stronger, more responsive, and
deeply rooted in care.
?
RUT MILLER
Executive Director
www.evics.org | 2025 Impact Report | 11
Closing Reflections
As I reflect on this year, I am deeply grateful for the
families who trusted EVICS Family Resource Center;
the Board of Directors, who lead with compassion
and integrity; the staff, who execute programs and
services with heart and dedication; and the partners
and supporters who continue to believe in our work.
The progress captured in this report reflects more
than growth? it represents relationships built,
barriers reduced, and a community coming together
to support one another.
I am proud of how EVICS has grown with intention,
remaining rooted in its values while expanding its
reach. Thank you for being part of our village and for
helping ensure that every family feels supported,
valued, and that every child has the chance to thrive.
Estes Park is a beautiful and healing place, yet with
that beauty come unique challenges, and each year
brings its own uncertainties. This year tested us in
very real ways. Early on, we faced significant
unknowns, including whether we would be able to
carry out our summer programming with Rocky
Mountain National Park. We navigated shifting
immigration policies, rising inflation, a local grocery
store strike, and an actual federal government
What's Next
As we look ahead, EVICS remains focused on deepening impact while staying rooted in community. We are
excited to continue expanding inclusive programming that brings families together across cultures, ages, and
life experiences, while strengthening early childhood, youth support, mental health access, and family
development services. Guided by the voices of families, partners, and staff, our next chapter will prioritize
sustainability, collaboration, and long-term stability? ensuring EVICS remains a trusted place where all
families feel supported, valued, and able to thrive.
Thank you.
www.evics.org | 2025 Impact Report | 12
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: May 26, 2026
Subject: Resolution 65-26 New Vintners Restaurant Liquor License Filed by Snowy
Peaks Winery LLC dba Snowy Peaks Winery, 292 and 294 Moraine
Avenue, Estes Park, CO 80517
Type: Resolution, Quasi-Judicial
Objective:
Approval of a new Vintners Restaurant liquor license located at 292 and 294 Moraine
Avenue, Estes Park, Colorado. Application filed by Snowy Peaks Winery LLC dba
Snowy Peaks Winery.
Present Situation:
An application for a new concurrent Vintners Restaurant liquor license was received by
the Town Clerk’s office on April 20, 2026. 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 Responsible Vendor Training requirement and has previously completed the training
as the applicant has operated the current business through a State approved
manufacturing license. The current manufacturing license will be surrendered if the
Vintners Restaurant license is approved.
A Colorado Vintners Restaurant License will allow the applicant to operate a restaurant
that manufactures wine on-site, sell it for on-premises consumption, and sell full-service
alcohol, provided at least 15% of gross income is from food.
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 Vintners Restaurant liquor license. The licensee has
requested the license to serve its wines as well as other alcoholic beverages.
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 Vintners Restaurant liquor license.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a new Vintners 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 Vintners Restaurant Liquor license is $869.
Level of Public Interest:
Low.
Sample Motions:
I approve/deny Resolution 65-26.
Attachments:
1. Procedures for Hearing
2. Resolution 65-26
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
Snowy Peaks Winery LLC dba Snowy Peaks Winery, for a new Vintners
Restaurant Liquor License located at 292 and 294 Moraine Avenue, Estes Park,
Colorado.
At this hearing, the Liquor Licensing Authority shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 20, 2026.
At a meeting of the Board of Trustees on May 12, 2026, the public hearing was
set for 7:00 p.m. on Tuesday, May 26, 2026.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 3.8 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 May 15, 2026.
Attachment 1
The premises was posted on May 15, 2026.
There is a police report with regard to the investigation of the applicant.
Status of Responsible Vendor 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 65-26 be approved/denied for a new Vintners Restaurant liquor
license for Snowy Peaks Winery LLC dba Snowy Peaks Winery, 292 and 294 Moraine
Avenue, Estes Park, Colorado.
RESOLUTION 65-26
A RESOLUTION APPROVING A NEW VINTNERS RESTAURANT
LIQUOR LICENSE FOR
SNOWY PEAKS WINERY LLC DBA SNOWY PEAKS WINERY
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on May 26, 2026 for a
new Vintners Restaurant Liquor License, filed by Snowy Peaks Winery LLC dba Snowy
Peaks Winery, 292 and 294 Moraine Avenue, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-301(2)(a) requires the licensing authority shall consider
the reasonable requirements of the neighborhood, the desires of the adult inhabitants, and
all other reasonable restrictions that are or may be placed upon the neighborhood by the
local licensing authority; and
WHEREAS, the Board of Trustees finds that the reasonable requirements of the
neighborhood are not met by the present liquor outlets in the neighborhood and that the
desires of the adult inhabitants are for the granting of this liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO:
The new Vintners Restaurant Liquor License, filed by Snowy Peaks Winery LLC dba
Snowy Peaks Winery, 292 and 294 Moraine Avenue, Estes Park, Colorado be approved.
DATED this day of , 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 < .. i • _ _ _ . * •• _-•r3o3)2o5:23oo Colorado Liquor Retail License Application
Note that the Division will not accept cash ^^ paid by Check Date Uploaded to Movelt
j
D Paid Online | <-^ SofZOZ^
Transfer of Ownership |_| State Property Only |_| MasterfileQNewLicenseJ/>^ New-Concurrent
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
Corporation
Limited Liability Company Association or Other
Partnership (includes Limited Liability and Spouse
or Partner in a Civil Union
Applicant Name If an LLC, name ofLLC; if partnership, at least 2 partner's names; if corporation, name of corporation^
TVOJ^CA ^?i^> f ( ^l/^r-e\ I ^UL-
FEIN Number ^y State Sales TaxNumberi ?ales
L-C. l^to^Ocr Ob I k?Z
Trade Name of Establishment (DBA)Business Telephone
vcu->tA ^?>it-S C<^)
es^s
l0' 5^-^<?q
Address of Premises^specify exact location of premises;, include suite/unit numbers)
2^^-Y\LcT^L^ ^UJL^ ^^Hr^^^^A^
3ity
zW^2>^12^L
3ounty
rUSA^v^Y^-
state^71P
Codewi-
Mailing Address (Number and Street)
fXoZ 14U^ Pro.Sn/^A fioc^cA
City or Town State ZIP Code
LS-fc^>-Po<2^L ^c ?05ft
Email Address
S/U>UM Q?a^ CU^r'\ (? ^ /yi^X^ Ce^^^g-^
If the premises currently has a liquoFor beer license, you must answer the following questions.
Present Trade Name of Establishment (DBA)
Sr^c-^ {^^ L0(
Present State License~N(jmber Present Cl^ss <)f License Present Expiration Date
2^-^ 5'2^-W;
7~
1/V)1 -U b),i/^r^f Q ^J 9 ^ ^)2
J
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
m Application Fee for Transfer.............................................................................................................$1,100.00
Section B Liquor License Fees*
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
Beer and Wine License (City).............................................................................................................$351.25
II Beer and Wine License (County)........................................................................................................$436.25
II Brew Pub License (City)...................................................................................................................$750.00
Brew Pub License (County)................................................................................................................$750.00
II Campus Liquor Complex (City)...........................................................................................................$500.00
II Campus Liquor Complex (County).....................,................................................................................$500.00
II Campus Liquor Complex (State).........................................................................................................$500.00
D Club License (City)............................................................................................................................$308.75
m Club License (County).......................................................................................................................$308.75
Distillery Pub License (City)...............................................................................................................$750.00
II Distillery Pub License (County)...........................................................................................................$750.00
Entertainment Facility License (City)...................................................................................................$500.00
Entertainment Facility License (County)...............................................................................................$500.00
D 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
II Liquor-Licensed Drugstore (City)........................................................................................................$227.50
II Liquor-Licensed Drugstore (County)...................................................................................................$312.50
m Lodging Facility License (City)............................................................................................................$500.00
II Lodging Facility License (County).......................................................................................................$500.00
DR 8404 (05/29/25) Page 2 of 16
Section B Liquor License Fees* (Continued)
m Manager Registration-H&R..............................................................................................................$30.00
II Manager Registration - Tavern.............................................................................................................$30.00
Manager Registration - Lodging & Entertainment...................................................................................$30.00
Manager Registration -Campus Liquor Complex....................................................................................$30.00
II Optional Premises License (City)........................................................................................................$500.00
II Optional Premises License (County)...................................................................................................$500.00
Racetrack License (City)....................................................................................................................$500.00
II Racetrack License (County)...............................................................................................................$500.00
II Resort Complex License (City)...........................................................................................................$500.00
II 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
Retail Gaming Tavern License (County)...............................................................................................$500.00
Retail Liquor Store License-Additional (City).......................................................................................$227.50
II Retail Liquor Store License-Additional (County)..................................................................................$312.50
II Retail Liquor Store (City)....................................................................................................................$227.50
Retail Liquor Store (County)...............................................................................................................$312.50
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: SjSG.ColoradQ^goy/Liquprfor 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
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
f3^No lar9er 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)
Kitchen - identified if Hotel and Restaurant
iold/Outlined Licensed Premises
Proof of property possession (One Year Needed)
Deed in name of the applicant (or) (matching Applicant Name provided on page 1) date stamped / filed with
County Clerk
Lease in the name of the applicant (or) (matching Applicant Name provided on page 1)
Lease assignment in the name of the applicant with proper consent from the landlord and acceptance
by the applicant
Other agreement if not deed or lease, (matching Applicant Name provided on page 1)
DR 8404 (05/29/25) Page 4 of 16
IV. Background information (DR 8404-1) and financial documents
II Complete DR 8404-1 for each principal (individuals with more than 10% ownership, officers,
directors, partners, members)
Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State
Vendor. Master File applicants submit results to the State
Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
IdentoGO
Appointment Scheduling Website: https://uenroll.identogo.com/workflows/25YQHT
Phone: 844-539-5539 (toll-free)
IdentoGO FAQs: https://cbi.colorado.gov/sections/biometric-identification-and-records-unit/biometric-
identification-and-records-unit-faqs
State Liquor Code for IdentoGO: 25YQHT
Colorado Fingerprinting
Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/
Phone: 720-292-2722 833-224-2227 (toll free)
State Liquor Code for Colorado Fingerprinting: C030LIQI
Purchase agreement, stock transfer agreement, and/or authorization to transfer license
List of all notes and loans (Copies to also be attached)
V. Sole proprietor/Spouse or partners in a civil union (if applicable)
Form DR 4679 Lawful Presence Affidavit
Copy of State issued Driver's License or Colorado Identification Card for each applicant
VI. Corporate applicant information (if applicable)
Certificate of Incorporation
II Certificate of Good Standing
Certificate of Authorization if foreign corporation (out of state applicants only)
VII. Partnership applicant information (if applicable)
Partnership Agreement (general or limited).
Certificate of Good Standing
VIII. Limited Liability Company applicant information (if applicable)
Copy of articles of organization
Certificate of Good Standing
Copy of Operating Agreement (if applicable)
Certificate of Authority if foreign LLC (out of state applicants only)
IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and
Campus Liquor Complex licenses when included with this application
D $30.00 fee
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?................................ ^ Yes 1^>.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 ^ No
b. Had an alcohol beverage license suspended or revoked?........... 0 Yes iST'No
c. Had interest in another entity that had an alcohol beverage license
suspended or revoked?......,............................................................ 0 Yes Jgf 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
feetof the proposed premises, been denied within the preceding two years?............ 0 Yes 0, 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 (>) 10,000? 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
DR 8404 (05/29/25) Page 6 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 (<) 10,000? 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 I^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?......................................................... 0 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.................................................................... X^ 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?......... |0sYes 0 No
b^_ ^Ownership (2)*-tease 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
scYL-SCao |4pSp<(AV I I &^^9^^5Y^^AA^\ I I (^-4-
b. Is a percentage of alcohol sales included as compensation to theHandlord?
If yes, complete question on page 9............................................... 0 Yes /^LNO
c. Attach a diagram that designates the area to be licensed in black bold outline (includifig
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
9. Who, besides the owners listed in this application (including persons, firms, partnerships,
corporations, limited liability companies) will loan or give money, inventory, furniture or
equipment to or for use in this business; or who will receive money from this business? Attach a
separate sheet if necessary.
LastNamK First Name
Date of Birth (MM/DD/YY)=EIN or SSN Number nterest/Percentage
ast Name =irst Name
Date of Birth (MM/DDA/Y):EINorSSN Number nterest/Percentage
ast 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 /j!2^ No
Number of additional Optional Premise areas requested. (See license fee chart:)
For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the
service area and documentation received from the local governing body authorizing use of the
sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or
other legal permissions.
11. Liquor Licensed Drugstore (LLDS) applicants, answer the following:
a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located
within the applicant's 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
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, /v (^
patriotic, political or athletic purpose and not for pecuniary gain?.................... . 0 Y®s 0 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 (-) No
c. How long has the club been incorporated?.
d. Has applicant occupied an establishment for three years (three years required)
that was operated solely for the reasons stated above?.................................... 0 Yes 0 No
13. Brew-Pub, Distillery Pub 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)..........................................................................,J8t Yes 0 No
14. Campus Liquor Complex applicants answer the following:
a. Is the applicant an institution of higher education?.......................................,..... 0 Yes 0 No
b. Is the applicant a person who contracts with the institution of higher
education to provide food services?..................................................................... 0 Yes 0 No
If "yes" please provide a copy of the contract with the institution of higher education
to provide food services.
15. For all on-premises applicants.
a. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an
Manager Permit Application - DR 8000 and fingerprints.
ast Name of Manager
L^nYYVUL>^ (2_
irst Name of Manager
AA^?^^
16. Does this manager act as the manager of, or have a financial interest in, any
other liquor licensed establishment in the State of Colorado? If yes, provide
name, type of license and account number............................................................. ^ Yes /^ No
Name
Type of License \ccount Number
DR 8404 (05/29/25) Page 9 of 16
17. Related Facility - Campus Liquor Complex applicants answer the following:
M\^a. Is the related facility located within the boundaries of the Campus
Liquor Complex?.................................................................................................. 0 Yes 0 No
If yes, please provide a map of the geographical location within the Campus Liquor Complex.
If no, this license type is not available for issues outside the geographical location of the
Campus Liquor Complex.
b. Designated Manager for Related Facility - Campus Liquor Complex
Last Name of Manager First Name of Manager
18. Entertainment Facility License
If Applicant is applying for an Entertainment Facility License, you affirm that your
business model and aligns with the statutory privileges and requirements:........... 0 Yes ^0' No
Pursuant to 44-3-103(15.5) C.R.S., an Entertainment Facility means an establishment in which
the primary business is to provide the public with sports or entertainment activities within
its licensed premises; and that, incidental to its primary business, sells and serves alcohol
beverages at retail for consumption on the licensed premises; and has sandwiches and tight
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 ^S) ?
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 1Q[ 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 I^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.
Name Date of Birth (MM/DD/YY)
lib? ^ pr^^(n ^cAiwi^^
Street Address
Sity
2^^ i^UC_
State 7|P Code"
Wrf
3osition
Oai/w\__
o Owned
i^D
Name Date of Birth (MM/DD/YY)
Street Address
3ity state 71P Code =>osition /o Owned
Jame Date of Birth (MM/DDA/Y)
Street Address
3ity state 71P Code :>osition /o Owned
Mame Date of Birth (MM/DDA/Y)
Street Address
3ity State 71P Code :>osition /o Owned
Name Date of Birth (MM/DD/YY)
Street Address
3ity 3tate 71P Code 3osition '/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:
LApplicant 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.
would like to apply for a Two-Year Renewal.y3 Yes 0 No
Oath Of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are
true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility
and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor
or Beer and Wine Code which affect my license.
Printed NameA\W&v ^
Title
V^WL QuuA^
Authorized Signatu Date (MM/DD/YY)
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 be lessthanjto^to-z-^30 days from date of application)s i-U^l^CTCX^
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
II Subject to background investigation, including N C I C/CC 1C 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
II 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 (J 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 (J No
NOTE: The distance shall be determined by a radius measurement that begins at the principal
doorway of the LLDS/RLS premises for which the application is being made and ends at the principal
doorway of the Licensed LLDS/RLS.
Does the Liquor-Licensed Drugstore (LLDS) have at least twenty percent (20%)
of the applicant's gross annual income derived from the sale of food, during the
priortwelve (12) month period?............................................................................ D 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 LicensingAuthority 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
To^*_>v-> 0^ "S-'S^^'S. °ta>i^-^_T^o-5^-4-TU
TfTbwri^ City
0 County
Printed Name ritle
Signature Date (MM/DD/YY)
rinted Name ntie
Signature 3ate (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
l\L/n4:^A^K^ ^>(A AA ij\Ay/
am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter
Waiver") on behalf of
the "Applicant/Licensee")
s^U OtV?<^ (<^C.^'
to permit the Colorado Department of ReveTtije 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)
6uq ^ ^s kJt^tc. t(G /QCm<L!•^ f^^ s^4.At^€^A^~
zSocialSecurityNumber/Tax Identification Number Home Phone Number Business/Work Phone Number
g5^ I ^ I !o^ ZZT l€t1 f II ^7G J-^^B-Uef^
Street Address
City State ZIP Code'^^
jt0 Jbj^
Printed name of person signing on behalf of the Applicant/Licensee
f f^a^tv\ <^c(4 waiAT
Applicant/Licenseel 'e (Signature authorizing the disclosure of confidential tax information) Date Signed
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
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Issue:
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Date:
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Sheet Title:
LOWER FLOOR
PLAN
A2.1
is'-g"
WINERY
PRODUCTION
EXISTING)
Jd'^"
WINERY
COOLER STORAGE
NEW)
NEW WALL
OPENING
ASSUMED PROPERTl' LINE
ENTRY
VESTIBULE
NEW)
EXISTING RETAINING WALL
Lower Floor
1" =10'
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
Qr^)(AJ^ P^ttejA 1 i/i<mA LLC.
NurftberHomePhone Nurftber \) Cellular Number
Your Full Name (last, first, middle)
m^^?- ^^be^-{ "^z^n^liwl-t^
List any other names you have used
Mailing address (if different from residence)
Email Address
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
G)[ 11^ &s^&^a^ Ce f^S^
From: —-. -p^
AJL^ 20°2-€C"jU/^/'<
Previous Street and Number Previous City, State, ZIP
@| 4^ A^^ /h^^- _I l_^^-fe^ ^n^ (^ ^^7
From: To:
0^3 Zo'tl-sJ^Z^z^-
2^ha^^^^^^^ ////2.6Z.O -<^€^f2^^i^ /^ W ^ ^~7
Page 1 of 6
Individual History Record (Continued)
2. List all employment within the last five years. Include any self-employment. (Attach separate sheet
if necessary)
Name of Employer or Business
y^x^^v ft?z^^J^^
Address (Street Number, City, State, ZIP)
12 A/lo^-^<-^ A-^Z
Position Held
O-A^ML^
From:To:
a^^O 209.^(^f^Q^jk
Name of Employer or Business
s,
4^€3?
Address (Street, Nwhber, City, State, ZIP)
4^-fi^o^ (2o "S^H
Position Held
0^ i^^?z^^ ^—t fc
From:To:
M^-rty^ f~Lo^n^J^vS
Name of Employer or Business
9.4/^S ^L<^-
Address (Street, Number, City, State, ZIP)
fir) A L^TL //HQ m^f
PosifionTleid
7^^<L-
From:To:
2z)^
3. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol
beverage industry.
Mame of Relative
U
relationship to You:
Position Held slame of Licensee
ame of Relative
UliA
relationship to You:
losition Held \Jame of Licensee
DR 8404-1 (12/05/24)Page 2 of 6
Individual History Record (Continued)
lame of Relative
IA
relationship to You:
Position Held Name of Licensee
Jame of Relative
WA
relationship to You:
Position Held Name 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.)
3u/^^YWL tY[a^a ^AfMri^ ^ -A^^ ^
3t^<) -/2> V^.^VL- fesWc^-^ ^0
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?..................................................................... ^ yes /^)/ No
If yes, answer in detail.)
6. Have you ever been convicted of a crime or received a suspended sentence,
deferred sentence, or forfeited bail for any offense in criminal or military court
or do you have any charges pending?....................................................................... ^ yes 0 No
If yes, answer in detail.)
f^s^n 1^^
7. Are you currently under probation (supervised or unsupervised), parole, or
completing the requirements of a deferred sentence?............................................. ^ Yes^ ^ No
If yes, answer in detail.)
DR 8404-1 (12/05/24) Page 3 of 6
Individual History Record (Continued)
8. Have you ever had any professional license suspended, revoked, or denied?..... 0 Yes
If yes, answer in detail.)
No
Personal and Financial Information
Unless otherwise provided by law, the personal information required in this section will be treated as
confidential. The personal information required in this section is solely for identification purposes.
Date of Birth Social Security Number Place of Birth
CjylC-,' n^/O
U.S. Citizen 0 No
f Naturalized, state where When
Mame of District Court Naturalization Certificate Number Date of Certification
If an Alien, Give Alien's Registration Card Number 3ermanent Residence Card Number
Height eight
2io
lair Color
LJ^
Eye Color~
Jh7
3ender~
7/T
Do you have a current Driver's License/ID? If so, give number and state.
Driver's License Number Driver's License Sta|p
es 0 No
C^Cm^^/.^}
Financial Information
9. Total purchase price or investment being made by the applying entity,
corporation, partnership, limited liability company, other.."
x- _
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..Acp<
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
G/^==>u
Bank Name Amount
C^^s^w^ ,
Type: Cash, Services or Equipment Account Type
Bank Name Amount
Type: Cash, Services or Equipment Account Type
Bank Name \mount
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)
Fype: Cash, Services or Equipment -oans \ccount Type
Bank Name (\mount
Type: Cash, Services or Equipment -oans \ccountType
Bank Name Vnount
type: Cash, Services or Equipment -oans \ccount Type
Bank Name amount
13. Loan Information (Attach copies of all notes or loans)
Name of Lender Address
Term Security \mount
DR 8404-1 (12/05/24)Page 5 of 6
Personal and Financial Information (Continued)
Name of Lender
Term
Address
Security Amount
Name offcfender
A
Address
Term Security amount
Jame of Lender address
Ferm 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 myJw^wledge.
Electronic signqit^sfis nd]/&cceptedi/physical signature is required.^
t^V^K \^-^^C
Prrffi^inrratcrre^———^^
Mlwr ^ ScJi/na^^ —
Title Date (MM/DD/YY)
vwv—-H'zz^b
DR 8404-1 (12/05/24)Page 6 of 6
TOWN OF ESTES PARE^
Interoffice Memorandum
To: Jackie Williamson, Town Clerk
From: lan Stewart, Chief of Police
Date: May 13, 2026
Subject: Liquor License Record Check - Snowy Peaks Winery LLC
Regarding Applicant - Albert Schmurr
Dear Ms. Williamson,
A check of the Estes Park Police Department local records on the above-named
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 citations involving the business
or the applicant listed.
icerely,
lan Stewart
Chief of Police
Estes Park Police Department
170 MACGREGOR AVE. P.O. BOX 1287
Police Department
lan Stewart, Chief of Police -<??"*<;1..
Ky.^'sP
ESTES PARK, CO 80517 www.estes.org
970- 586-4000
www.estes.org/pd
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: Superintendent Fredricks, Special Counsel Greg White, Director Bergsten
Department: Utilities Department, Water Division
Date: May 26, 2026
Subject: Ordinance 09-26 Considering the Inclusion of Certain Properties Located
within the Town of Estes Park into Northern Colorado Water
Conservancy's Municipal Subdistrict
Type: Public Hearing, Ordinance
Objective:
To comply with the Northern Colorado Water Conservancy Municipal Subdistrict
(Subdistrict) requirements through a streamlined, collective inclusion process for
properties within the Town’s boundary.
Present Situation:
Water projects in the West are inherently complex and capital-intensive. The Northern
Colorado Water Conservancy Municipal Subdistrict (Subdistrict) manages the Windy
Gap Project, which diverts water from the Western Slope through the US Bureau of
Reclamation (USBOR) Lake Granby and Adams Tunnel for municipal members of the
Subdistrict.
As a provider of Windy Gap water, the Town is required to ensure that all customers
receiving this water are located within the Subdistrict’s official boundaries. Currently,
several properties within the Town limits remain outside these boundaries.
While the process for individual property inclusion is burdensome and costly for property
owners, C.R.S. § 37-45-136(3.6) provides an efficient "bulk inclusion" method. This
statute allows a municipality to pass an ordinance consenting to the inclusion of all
properties within its boundary. Following the adoption of such an ordinance, the
Subdistrict Board must hold a public hearing to review the consent. If approved, a court
filing is made to formalize the inclusion for service and taxing purposes.
Please note that the Subdistrict can levy property taxes but at this time there is no levy.
While our Ordinance 13-25 was intended to address this issue, it did not provide a
comprehensive property list including properties not actively being served Town water.
The Subdistrict Board decided to postpone their final vote until this was resolved.
Proposal:
Staff proposes the adoption of this ordinance which allows the Subdistrict to bring all
properties within the Town' s municipal boundary into the Subdistrict's boundary.
Advantages:
• Ensures the Town remains in full compliance with Subdistrict and U.S. Bureau of
Reclamation requirements for the use of federal infrastructure to deliver Windy
Gap water
• Legally secures the Town’s ability to continue serving existing customers who are
currently outside the Subdistrict’s boundaries
• Utilizes the collective inclusion method under C.R.S. § 37-45-136(3.6), avoiding
the prohibitive costs (filing fees and legal notices) that individual property owners
would otherwise face
• Streamlines the process for future developments or well-users who may
eventually require municipal water or replacement water (augmentation)
• The Water Division is paying the inclusion fees
Disadvantages:
• Owners of vacant property may be wary of being included in an additional taxing
district; however, inclusion significantly enhances long-term property value by
ensuring the land is legally eligible for water service.
• Property owners with private wells may view inclusion as unnecessary; however,
private wells in Colorado are increasingly subject to augmentation requirements,
Spruce Knob Water Company for example. Including these properties now
eliminates the costly and complex individual inclusion process.
Action Recommended:
Staff Recommends approval of the Ordinance 09-26.
Finance/Resource Impact:
Budget account number, fund name, project name (if applicable), contract / obligation
amount, available budget amount as of (date).
Account# 503-7000-580.35-54, Project code NCWCD, $ 71,658 available
as of 11-3-2025
Level of Public Interest:
Limited
Sample Motion:
I move for the approval/denial of Ordinance 09-26.
Attachments:
1. Ordinance 09-26
ORDINANCE NO. 09-26
AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN
PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE
MUNICIPAL SUBDISTRICT
WHEREAS, the Town of Estes Park is the holder of three ( 3) units of Windy Gap
water under the Rules and Regulations of the Municipal Subdistrict, Northern Colorado
Conservancy District ( the " Subdistrict"); and
WHEREAS, certain properties located within the Town of Estes Park have
inadvertently not been included within the boundaries of the Subdistrict; and
WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion
of said properties within the Subdistrict, pursuant to the provisions of section 37-45-
136(3.6) C.R.S; and
WHEREAS, the Town Board wishes to use the provisions of section 37-45-
136(3.6) C.R.S., to consent to the inclusion of those properties within the Subdistrict,
which properties were not included at the time of annexation of the property to the Town
of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board
of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties
set forth on Exhibit " A" attached hereto and incorporated herein by reference within the
boundaries of the Subdistrict.
Section 2: The Board of Trustees hereby authorizes the Utilities Director or
designee to file the necessary documents for inclusion of the lands as set forth on Exhibit
" A" and pay all fees necessary to accomplish the inclusion of the lands within the
Subdistrict.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2026.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2026 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2026, all as required by the Statutes of the State of Colorado.
Town Clerk
Attachment 1
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
2531316002 ACACIA ACRES ADD (#206) LOT 2, MASONIC SUB, EP
3402110001 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT A, APARAPHO ESTATES FIRST, EP
3402108001 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT A, APARAPHO ESTATES PHASE 1, EP
3402108002 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT B, APARAPHO ESTATES PHASE 1, EP
3402108004 ARAPAHO MEADOWS ADDITION (#10-85) OUTLOT D, APARAPHO ESTATES PHASE 1, EP
3526400008 BEAVER POINT FIRST ADDITION (#15-82)
COM AT PT WH SW COR OF SE 26-5-73 BEARS S 70 45' W 1523.4 FT, N 60 53' E 50 FT, N 48 41' E 563 FT, S 13
5' E 611 FT TO CEN BIG T RIV, TH WRLY ALG C/L RIV TO PT WH IS S 6 15' E 220 FT FROM POB, N 6 15' W 220 FT
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3525326623 BEAVER POINT FIRST ADDITION (#15-82) UNIT 623, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966)
3525326625 BEAVER POINT FIRST ADDITION (#15-82) UNIT 625, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966)
3525326627 BEAVER POINT FIRST ADDITION (#15-82) UNIT 627, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224)
3525326629 BEAVER POINT FIRST ADDITION (#15-82) UNIT 629, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224)
3525326631 BEAVER POINT FIRST ADDITION (#15-82) UNIT 631, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929)
3525326633 BEAVER POINT FIRST ADDITION (#15-82) UNIT 633, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929)
3526426635 BEAVER POINT FIRST ADDITION (#15-82) UNIT 635, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911)
3526426637 BEAVER POINT FIRST ADDITION (#15-82) UNIT 637, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911)
3525326639 BEAVER POINT FIRST ADDITION (#15-82) UNIT 639, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222)
3525326641 BEAVER POINT FIRST ADDITION (#15-82) UNIT 641, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222)
3525326643 BEAVER POINT FIRST ADDITION (#15-82) UNIT 643, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612)
3525326645 BEAVER POINT FIRST ADDITION (#15-82) UNIT 645, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612)
3525326647 BEAVER POINT FIRST ADDITION (#15-82) UNIT 647, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984)
3525326649 BEAVER POINT FIRST ADDITION (#15-82) UNIT 649, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984)
3525326651 BEAVER POINT FIRST ADDITION (#15-82) UNIT 651, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552)
3525326653 BEAVER POINT FIRST ADDITION (#15-82) UNIT 653, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552)
3525326655 BEAVER POINT FIRST ADDITION (#15-82) UNIT 655, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552)
3526450007 BEAVER POINT FIRST ADDITION (#15-82) UNIT 7, MOUNTAIN HAVEN CONDOMINIUMS (20030096970)
2531300016 BURKE-ALLEN ADDITION (#10-02)
COM AT S 1/4 COR 31-5-72, EP, N 0 48' W 410.15 FT TPOB, N 76 38' 4" W 791.96 FT TO ERLY R/W HWY 7, N 38
56' 21" E 235.03 FT, S 73 53' 32" E 266.67 FT, S 73 33' 42" E 379.53 FT, S 0 48' E 184.52 FT TPOB
2529320001 CARLSON ADDITION (#14-01) COMMON AREA, SOLITUDE VI CONDOS, EP (20030106550)
2529318001 CARLSON ADDITION (#14-01)
LOT 3, SOLITUDE SUB (CONDOS) EP (2002030494); LESS 20030077909; LESS 20030096972; LESS
20030133970; LESS 20040011582; LESS 20080002696; AKA CIC
2529316001 CARLSON ADDITION (#14-01) LOT 4, SOLITUDE SUB; (20020030494), EP (2003-0024978) (LESS 20030133971); CIC,
2529314005 CARLSON ADDITION (#14-01)
LOT 5, SOLITUDE SUBDIVISION, EP (2002030494) LESS 20040027677; LESS 20040045029; LESS
20050016175; LESS 20050037947; AKA CIC
2529317001 CARLSON ADDITION (#14-01) UNIT 1, LOT 3, SOLITUDE III CONDOS, EP (20030077909)
2529315001 CARLSON ADDITION (#14-01) UNIT 1, LOT 4, SOLITUDE IV CONDOS, SUPP. NO. 1, EP (20030072507)
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
2529324001 CARLSON ADDITION (#14-01) UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158)
2529319001 CARLSON ADDITION (#14-01) UNIT 1, SOLITUDE VI CONDOS, EP (20030106550)
2529317002 CARLSON ADDITION (#14-01) UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972)
2529315002 CARLSON ADDITION (#14-01) UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978)
2529324002 CARLSON ADDITION (#14-01) UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029)
2529319002 CARLSON ADDITION (#14-01) UNIT 2, SOLITUDE VI CONDOS, EP (20030106550)
2529315003 CARLSON ADDITION (#14-01) UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978)
2529317003 CARLSON ADDITION (#14-01) UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582)
2529324003 CARLSON ADDITION (#14-01) UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158)
2529319003 CARLSON ADDITION (#14-01) UNIT 3, SOLITUDE VI CONDOS, EP (20030106550)
2529317004 CARLSON ADDITION (#14-01) UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970)
2529315004 CARLSON ADDITION (#14-01) UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971)
2529324004 CARLSON ADDITION (#14-01) UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677)
2529319004 CARLSON ADDITION (#14-01) UNIT 4, SOLITUDE VI CONDOS, EP (20030106550)
2529317005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696)
2529315005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157
2529324005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175)
2529319005 CARLSON ADDITION (#14-01) UNIT 5, SOLITUDE VI CONDOS, EP (20030106550)
2529317006 CARLSON ADDITION (#14-01) UNIT 6, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970)
2529324006 CARLSON ADDITION (#14-01) UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947)
2529315006 CARLSON ADDITION (#14-01) UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157
2529329006 CARLSON ADDITION (#14-01) Unit 6, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268)
2529317007 CARLSON ADDITION (#14-01) UNIT 7, LOT 3, SOLITUDE III CONDOS, EP (20030077909)
2529315007 CARLSON ADDITION (#14-01) UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971)
2529329007 CARLSON ADDITION (#14-01) Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268)
3401215001
CARRIAGE HILLS ADDITION ANNEXATION
6TH & 7TH FILINGS (#10-91) LOT 1, CARRIAGE HILLS 6TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401215010
CARRIAGE HILLS ADDITION ANNEXATION
6TH & 7TH FILINGS (#10-91) LOT 10, CARRIAGE HILLS 6TH, EP
3401215011 6TH & 7TH FILINGS (#10-91) LOT 11, CARRIAGE HILLS 6TH, EP
3401128021 6TH & 7TH FILINGS (#10-91) LOT 21, CARRIAGE HILLS 6TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401128023
CARRIAGE HILLS ADDITION ANNEXATION
6TH & 7TH FILINGS (#10-91) LOT 23, CARRIAGE HILLS 6TH, EP
3401128024 6TH & 7TH FILINGS (#10-91) LOT 24, CARRIAGE HILLS, 6TH, EP
3401128034 6TH & 7TH FILINGS (#10-91) LOT 34, CARRIAGE HILLS 6TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401215036
CARRIAGE HILLS ADDITION ANNEXATION
6TH & 7TH FILINGS (#10-91) LOT 36, CARRIAGE HILLS 6TH, EP
3401215037 6TH & 7TH FILINGS (#10-91) LOT 37, CARRIAGE HILLS 6TH, EP
3401216903 6TH & 7TH FILINGS (#10-91) OUTLOT C, CARRIAGE HILLS 6TH
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401125011
CARRIAGE HILLS ADDITION PAGE 2 6TH &
7TH FILING (#10-91) LOT 11, CARRIAGE HILLS, 7TH, EP
3401125012 7TH FILING (#10-91) LOT 12, CARRIAGE HILLS, 7TH, EP
3401125022 7TH FILING (#10-91) LOT 22, CARRIAGE HILLS, 7TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401125024
CARRIAGE HILLS ADDITION PAGE 2 6TH &
7TH FILING (#10-91) LOT 24, CARRIAGE HILLS, 7TH, EP
3401125025 7TH FILING (#10-91) LOT 25, CARRIAGE HILLS, 7TH FIL, EP
3401125936 7TH FILING (#10-91) LOT 36, CARRIAGE HILLS, 7TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401125038
CARRIAGE HILLS ADDITION PAGE 2 6TH &
7TH FILING (#10-91) LOT 38, CARRIAGE HILLS, 7TH, EP
3401125039 7TH FILING (#10-91) LOT 39, CARRIAGE HILLS, 7TH, EP
2406211050 7TH FILING (#10-91) LOT 50, CARRIAGE HILLS, 7TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
2406211052
CARRIAGE HILLS ADDITION PAGE 2 6TH &
7TH FILING (#10-91) LOT 52, CARRIAGE HILLS, 7TH, EP
2406211053 7TH FILING (#10-91) LOT 53, CARRIAGE HILLS, 7TH, EP
3401125064 7TH FILING (#10-91) LOT 64, CARRIAGE HILLS, 7TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401125066
CARRIAGE HILLS ADDITION PAGE 2 6TH &
7TH FILING (#10-91) LOT 66, CARRIAGE HILLS, 7TH, EP
3401125067 7TH FILING (#10-91) LOT 67, CARRIAGE HILLS, 7TH, EP
3401125078 7TH FILING (#10-91) LOT 78, CARRIAGE HILLS, 7TH, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3401126903
CARRIAGE HILLS ADDITION PAGE 2 6TH &
7TH FILING (#10-91) OUTLOT C, CARRIAGE HILLS, 7TH
3401126904 7TH FILING (#10-91) OUTLOT D, CARRIAGE HILLS, 7TH
3523400010 FALL RIVER ADDITION (#16-73)
TO PT ON HWY R/W IN NE OF NE 26-5-73, TH ALG SD R/W S 23 47' E 51.3 FT, S 44 16' E 320 FT M/L, N 77 17'
30" E 94.1 FT, N 0 1' E 292.9 FT M/L TPOB;
FRESCO PL, S 247 FT M/L TO NE COR SUNNY AC, TH ALG N LN SUNNY AC N 89 36' W 373.7 FT, N 10 31' W
W LN ALFRESCO PL, TH S ALG SD W LN 165.2 FT TO SW COR SD ALFRESCO PL, N 89 45' W 254.3 FT TO BEG;
N TO S LN HWY 34 AS DESC IN 1073-473, S 66 21' E ALG SD LN 185.6 TO PT WH IS N OF POB, TH S TPOB;
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3525200002 FALL RIVER ADDITION (#16-73)
BEG AT PT WH BEARS S 81 6' E 761.8 FT FROM NW COR 25-5-73, S 89 9' E 186.7 FT, N 10 31' W 118.6 FT, N 89
45' W 184.4 FT, S 9 28' E 116.3 FT TO BEG, ESTES PK; LESS RD AS PER 91026458; ALSO LESS RD PER
3525200003 FALL RIVER ADDITION (#16-73)
135.8 FT TO N LN SUNNY ACRES; TH ALG SD N LN N 89 36' 00" W 256.3 FT; TH N 18 30' 00" E 141.6 FT TPOB,
ESTES PK; LESS RD AS PER 91026455
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3523400039 FALL RIVER ADDITION (#16-73)
BEG AT SE COR 23-5-73, TH ALG E LN N 234 FT, N 41 2' 27" W 60.44 FT TPOB, N 41 2' 27" W 168.01 FT, S
230.31 FT, E 47.23 FT, N 31 20' 41" E 121.28 FT TPOB (SPLIT FROM 35230 00 002)
3524300925 FALL RIVER ADDITION (#16-73)
BEG AT SW COR 24-5-73, E 924 FT, N 678.4 FT, E 204.8 FT TPOB, E 212.55 FT TO W BDRY AL FRESCO, S 0 25'
30" W ALG W LN AL FRESCO 228.59 FT, N 84 46' 18" W 416.94 FT, N 4.15 FT, N 58 34' 54" E 239.99 FT, N
30" W ALG W LN AL FRESCO 228.59 FT, N 84 46' 18" W 416.94 FT, N 4.15 FT, N 58 34' 54" E 239.99 FT, N
30" W ALG W LN AL FRESCO 228.59 FT, N 84 46' 18" W 416.94 FT, N 4.15 FT, N 58 34' 54" E 239.99 FT, N
FT W OF SE COR, S 101.2 FT, TH SRLY TO BEG, ESTES PK; ALSO COM AT SE COR, N 400 FT, W 150 FT TPOB, W
129.2 FT, N 69 48' W 45.4 FT TPOB, S 26 21' W 263 FT, N 34 42' W 203.4 FT, N 27 24' E 105.6 FT, N 81 34' E
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3523421001 FALL RIVER ADDITION (#16-73) COMMON AREA, FALL RIVER CONDOS, EP (99037226)
3522409000 FALL RIVER ADDITION (#16-73) COMMON AREA, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
3522428000 FALL RIVER ADDITION (#16-73) COMMON AREA, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP
3522426000 FALL RIVER ADDITION (#16-73) COMMON AREA, SUMMERSET ON FALL RIVER CONDOS, EP
3523419001 FALL RIVER ADDITION (#16-73) COMMON AREA, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523306001 FALL RIVER ADDITION (#16-73) LOT 1, DEER CREST SUB, ESTES PARK
3523424001 FALL RIVER ADDITION (#16-73) Lot 1, GOLDEN LEAF SUB, EP (20230010582)
3526111001 FALL RIVER ADDITION (#16-73) Lot 1, GRADY MINOR SUB, EP (20190043822)
3524315001 FALL RIVER ADDITION (#16-73) LOT 1, JONES SUB, EP
3523407001 FALL RIVER ADDITION (#16-73) LOT 1, SEYBOLD SUB E P
3523310001 FALL RIVER ADDITION (#16-73)
LOT 1, STREAMSIDE AMD PLAT OF TR 59A FALL RIVER ADD AND LOT 2, OF AMD PLAT LOT 2, DEER CREST
SUB, AND TR'S 56 & 57, FALL RIVER ADD TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1
E 153.84 FT; TH N 00 28' 41" E 220.19 FT; TH S 89 43' 25" W 21.41 FT; TH N 83 42' 59" W 135.25 FT; TH N 41
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3523330028 FALL RIVER ADDITION (#16-73) OFFICE, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED, EP (20120053621)
3526100037 FALL RIVER ADDITION (#16-73)
20 08' 32" E 112.63 FT M/L TO S SIDE OF 30 FT WIDE ROW FOR JAMES ST AS REC @ RCPTN# 155695 BEING
TPOB; TH ALG S SIDE OF SD ROW, S 57 25' 10" W 80.16 FT; T
CONC NE, C/A 1 5' 47", RAD 2775 FT, RAD LN PASS THROUGH BEARS S 20 13' 9" W, N 270.27 FT, W 50 FT, TH
170 FT, S 19 27' 24" W 158.91 FT TO PT ON NRLY ROW HWY 34 BY-PASS, N 66 31' 32" W 99.25 FT, N 27 24' E
3523400011 FALL RIVER ADDITION (#16-73) 15 FT, S 128 FT, E 155 FT TPOB
3523400038 FALL RIVER ADDITION (#16-73)
69 48' W 128.2 FT, N 26 20' 20" E 249.69 FT TO PT ON SRLY R/W HWY 34 BYPASS, TH ALG SD R/W S 66 20' E
149.17 FT, S 0 1' W 184.65 FT TPOB CONT 1.0482 AC M
FT FROM SE COR, N 69 48' W 26 FT, S 81 34' W 72.35 FT, N 27 24' E 290.06 FT TO PT ON SRLY R/W HWY 34 BY
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3523300018 FALL RIVER ADDITION (#16-73)
TR IN SE 1/4 OF SW 1/4 23-5-73 DESC AS BEG AT PT N 0 10' 30" E 486.20 FT FROM S 1/4 COR, TH N 89 49' W
500 FT TPOB; TH N 0 10' 30" E 500 FT, TH N 89 49' W 130 FT, TH S 0 10' 30" W 500 FT, TH S 89 49' E 130 FT
N 66 21' W 88.3 FT, N 77 39' 30" W 102 FT, N 66 21' W 104.7 FT, S 464 FT, E 15 FT, S 245 FT, E 150 FT, N 136.3
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3523330022 FALL RIVER ADDITION (#16-73) UNIT 22, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330023 FALL RIVER ADDITION (#16-73) UNIT 23, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330024 FALL RIVER ADDITION (#16-73) UNIT 24, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330025 FALL RIVER ADDITION (#16-73) UNIT 25, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330026 FALL RIVER ADDITION (#16-73) UNIT 26, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523328003 FALL RIVER ADDITION (#16-73) UNIT 3, BEAR CREEK LUXURY CONDOS EPK (20040102043)
3522427003 FALL RIVER ADDITION (#16-73) UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP
3522409003 FALL RIVER ADDITION (#16-73) UNIT 3, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
3523328004 FALL RIVER ADDITION (#16-73) UNIT 4, BEAR CREEK LUXURY CONDOS EPK (20040102043)
3522427004 FALL RIVER ADDITION (#16-73) UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP
3522409004 FALL RIVER ADDITION (#16-73) UNIT 4, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
3523328005 FALL RIVER ADDITION (#16-73) UNIT 5, BEAR CREEK LUXURY CONDOS EPK (20040102043)
3522428005 FALL RIVER ADDITION (#16-73) UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP
3522409005 FALL RIVER ADDITION (#16-73) UNIT 5, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
3523330005 FALL RIVER ADDITION (#16-73) UNIT 5, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523328006 FALL RIVER ADDITION (#16-73) UNIT 6, BEAR CREEK LUXURY CONDOS EPK (20040102043)
3522429006 FALL RIVER ADDITION (#16-73) UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP
3523330006 FALL RIVER ADDITION (#16-73) UNIT 6, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522430007 FALL RIVER ADDITION (#16-73) UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP
3523330007 FALL RIVER ADDITION (#16-73) UNIT 7, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522430008 FALL RIVER ADDITION (#16-73) UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP
3523330008 FALL RIVER ADDITION (#16-73) UNIT 8, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522432009 FALL RIVER ADDITION (#16-73) UNIT 9, OLD MAN MTN BLDG, SUMMERSET ON FALL RIVER CONDO, SUPP 4, EP
3523420013 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 509, FALL RIVER CONDOS, EP (99037226)
3523418003 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 2, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418005 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 3, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418007 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 4, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418009 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 5, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3523420001 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 503, FALL RIVER CONDOS, EP (99037226)
3523420005 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 505, FALL RIVER CONDOS, EP (99037226)
3523420009 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 507, FALL RIVER CONDOS, EP (99037226)
3523418012 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 6, RIVERWOOD ON FALL RIVER CONDOMINIUMS, SUPP 1, EP (2000056807)
3523418011 FALL RIVER ADDITION (#16-73) UNIT A, BLDG 8, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418001 FALL RIVER ADDITION (#16-73) UNIT A, SUPPLEMENTAL MAP NO 2, BLDG 1, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418002 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 1, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418004 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418006 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 3, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523418008 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 4, RIVERWOOD ON FALL RIVER CONDOS, SUPP MAP NO 2, EP
3523418010 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 5, SUPP MAP NO 2, RIVERWOOD ON FALL RIVER CONDOS, EP
3523420002 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 503, FALL RIVER CONDOS, EP (99037226)
3523420006 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 505, FALL RIVER CONDOS, EP (99037226)
3523420010 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 507, FALL RIVER CONDOS, EP (99037226)
3523420014 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 509, FALL RIVER CONDOS, EP (99037226)
3523418013 FALL RIVER ADDITION (#16-73) UNIT B, BLDG 6, RIVERWOOD ON FALL RIVER CONDOMINIUMS, SUPP 1, EP (2000056807)
3523420003 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 503, FALL RIVER CONDOS, EP (99037226)
3523420007 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 505, FALL RIVER CONDOS, EP (99037226)
3523420011 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 507, FALL RIVER CONDOS, EP (99037226)
3523420015 FALL RIVER ADDITION (#16-73) UNIT C, BLDG 509, FALL RIVER CONDOS, EP (99037226)
3523420004 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 503, FALL RIVER CONDOS, EP (99037226)
3523420008 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 505, FALL RIVER CONDOS, EP (99037226)
3523420012 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 507, FALL RIVER CONDOS, EP (99037226)
3523420016 FALL RIVER ADDITION (#16-73) UNIT D, BLDG 509, FALL RIVER CONDOS, EP (99037226)
3516400096 FALL RIVER ADDITION FOURTH (#13-05)
POR OF NW 1/4 OF SE 1/4 16-5-73, EP, COM AT C 1/4 COR, S 0 37' W 186.5 FT TO SRLY ROW HWY 34, TH
ALG SD ROW S 85 7' E 401.15 FT, S 0 37' W 226.67 FT TPOB, S 60 40' E 114.02 FT, S 0 37' W 142 FT M/L TO C/L
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3516400079 FALL RIVER ADDITION FOURTH (#13-05)
POR OF SE 1/4 OF 16-5-73, EP, BEG AT CEN 1/4 COR, N 88 31' E ALG N LN OF SE 1/4 965.83 FT TPOB, S 17 6'
W 343.9 FT TO NRLY R/W HWY 34, TH ALG SD R/W S 60 15' E 374.9 FT, S 73 57' E 207.96 FT, TH LEAV SD R/W
NRLY R/W HWY 34, TH ALG HWY R/W S 79 49' E 552 FT, TH LEAV HWY N 4 8' E 157.95 FT TO N LN OF SE 1/4 &
SERLY ROW HWY 34; TH ALG ROW S 85 7' E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9
34, TH ALG R/W S 79 49' E 552 FT TPOB, TH ALG N R/W SD HWY S 79 49' E 60.1 FT, S 60 15' E 302.26 FT, TH
3515300006
FALL RIVER ADDITION SECOND AND
THIRD (#13-05)
& 16 LOC ON NRLY BANK FALL RIV, E 528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E
146.7 FT FROM PT WH BEARS N 1 19' E 330 FT FROM POB, TH A
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3516412003
FISH HATCHERY RD SEVENTH ADDITION
(#05-01) LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP
2531200014 GADECKI ADDITION (#10-02) 89 7' E 299.05 FT TO BEG, EP
PARK ENTRANCE ESTATES ADDITION 99.94 FT, TH ALG W LN LOT 10 S 0 4' 9" W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19'
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3536410013 PROSPECT ESTATES ADD (#02-82) LOT 13, PROSPECT ESTATES, EP; EX POR BY QUIET TITLE IN 1383-457
3536413013 PROSPECT ESTATES ADD (#02-82) LOT 13, PROSPECT MTN SUB, PUD, 3RD FILING, EP
3536423014 PROSPECT ESTATES ADD (#02-82) LOT 14, PROSPECT EST SUB 3RD FIL, EP
3536413014 PROSPECT ESTATES ADD (#02-82) LOT 14, PROSPECT MTN SUB, PUD, 3RD FILING, EP
3536423015 PROSPECT ESTATES ADD (#02-82) LOT 15, PROSPECT EST SUB 3RD FIL, EP
3536410015 PROSPECT ESTATES ADD (#02-82) LOT 15, PROSPECT ESTATES, EP
3536423016 PROSPECT ESTATES ADD (#02-82) LOT 16, PROSPECT EST SUB 3RD FIL, EP
3536423017 PROSPECT ESTATES ADD (#02-82) LOT 17, PROSPECT EST SUB 3RD FIL, EP
3536410017 PROSPECT ESTATES ADD (#02-82) LOT 17, PROSPECT ESTATES, EP
3536423018 PROSPECT ESTATES ADD (#02-82) LOT 18, PROSPECT EST SUB 3RD FIL, EP
3536410018 PROSPECT ESTATES ADD (#02-82) LOT 18, PROSPECT ESTATES, EP
3536423019 PROSPECT ESTATES ADD (#02-82) LOT 19, PROSPECT EST SUB 3RD FIL, EP
3536415019 PROSPECT ESTATES ADD (#02-82) LOT 19, PROSPECT MTN SUB, PUD 4TH, EP
3536407002 PROSPECT ESTATES ADD (#02-82) LOT 2, PROSPECT MOUNTAIN SUB, A PUD, EP
3536423020 PROSPECT ESTATES ADD (#02-82) LOT 20, PROSPECT EST SUB 3RD FIL, EP
3536423021 PROSPECT ESTATES ADD (#02-82) LOT 21, PROSPECT EST SUB 3RD FIL, EP
3536423022 PROSPECT ESTATES ADD (#02-82) LOT 22, PROSPECT EST SUB 3RD FIL, EP
3536423023 PROSPECT ESTATES ADD (#02-82) LOT 23, PROSPECT EST SUB 3RD FIL, EP
3536423024 PROSPECT ESTATES ADD (#02-82) LOT 24, PROSPECT EST SUB 3RD FIL, EP
3536416024 PROSPECT ESTATES ADD (#02-82) LOT 24, PROSPECT MTN SUB, PUD, 5TH FILING, EP
3536423025 PROSPECT ESTATES ADD (#02-82) LOT 25, PROSPECT EST SUB 3RD FIL, EP
3536416025 PROSPECT ESTATES ADD (#02-82) LOT 25, PROSPECT MTN SUB, PUD, 5TH FILING, EP
3536423026 PROSPECT ESTATES ADD (#02-82) LOT 26, PROSPECT EST SUB 3RD FIL, EP
3536416026 PROSPECT ESTATES ADD (#02-82) LOT 26, PROSPECT MTN SUB, PUD, 5TH FILING, EP
3536416027 PROSPECT ESTATES ADD (#02-82) LOT 27, AMENDED, PROSPECT MTN SUB, PUD, 5TH FILING, EP (20100027950)
3536423027 PROSPECT ESTATES ADD (#02-82) LOT 27, PROSPECT EST SUB 3RD FIL, EP
3536423028 PROSPECT ESTATES ADD (#02-82) LOT 28, PROSPECT EST SUB 3RD FIL, EP
3536423029 PROSPECT ESTATES ADD (#02-82) LOT 29, PROSPECT EST SUB 3RD FIL, EP
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3536422003 PROSPECT ESTATES ADD (#02-82) LOT 3, PROSPECT ESTATES SUB 2ND FIL, EP
3536407003 PROSPECT ESTATES ADD (#02-82) LOT 3, PROSPECT MOUNTAIN SUB, A PUD, EP
3536423030 PROSPECT ESTATES ADD (#02-82) LOT 30, PROSPECT EST SUB 3RD FIL, EP
3536423031 PROSPECT ESTATES ADD (#02-82) LOT 31, PROSPECT EST SUB 3RD FIL, EP
3536418031 PROSPECT ESTATES ADD (#02-82) LOT 31, PROSPECT MOUNTAIN SUB PUD 7TH, EP
3536423032 PROSPECT ESTATES ADD (#02-82) LOT 32, PROSPECT EST SUB 3RD FIL, EP
3536423033 PROSPECT ESTATES ADD (#02-82) LOT 33, PROSPECT EST SUB 3RD FIL, EP
3536418033 PROSPECT ESTATES ADD (#02-82) LOT 33, PROSPECT MOUNTAIN SUB PUD 7TH, EP
3536423034 PROSPECT ESTATES ADD (#02-82) LOT 34, PROSPECT EST SUB 3RD FIL, EP
3536418034 PROSPECT ESTATES ADD (#02-82) LOT 34, PROSPECT MOUNTAIN SUB PUD 7TH, EP
3536423035 PROSPECT ESTATES ADD (#02-82) LOT 35, PROSPECT EST SUB 3RD FIL, EP
3536418035 PROSPECT ESTATES ADD (#02-82) LOT 35, PROSPECT MOUNTAIN SUB PUD 7TH, EP
3536423036 PROSPECT ESTATES ADD (#02-82) LOT 36, PROSPECT EST SUB 3RD FIL, EP
3536423037 PROSPECT ESTATES ADD (#02-82) LOT 37, PROSPECT EST SUB 3RD FIL, EP
3536421001 PROSPECT ESTATES ADD (#02-82) LOT 38A, AMD LOT 38 PROSPECT MTN SUB PUD 7TH, EP
3536421002 PROSPECT ESTATES ADD (#02-82) LOT 38B, AMD LOT 38 PROSPECT MTN SUB PUD 7TH, EP
3536410005 PROSPECT ESTATES ADD (#02-82) LOT 5, PROSPECT ESTATES, EP
3536410006 PROSPECT ESTATES ADD (#02-82) LOT 6, PROSPECT ESTATES, EP
3536422007 PROSPECT ESTATES ADD (#02-82) LOT 7, PROSPECT ESTATES SUB 2ND FIL, EP
3536410008 PROSPECT ESTATES ADD (#02-82) LOT 8, PROSPECT ESTATES, EP
3536413009 PROSPECT ESTATES ADD (#02-82) LOT 9, PROSPECT MTN SUB, PUD, 3RD FILING, EP
3536415016 PROSPECT ESTATES ADD (#02-82) LOTS 16 & 17, PROSPECT MTN SUB, PUD 4TH, EP
3536408902 PROSPECT ESTATES ADD (#02-82) OUTLOT B, PROSPECT MOUNTAIN SUB, A PUD EP
3536408903 PROSPECT ESTATES ADD (#02-82) OUTLOT C, PROSPECT MOUNTAIN SUB, A PUD EP
3536406002 PROSPECT ESTATES ADD (#02-82) TRACT B, PROSPECT ESTATES ADDITION, EP
2531310001 REID SOUTH ST VRAIN ADD (#159)
TR A, REIDS S ST VRAIN, DESC AS; COM AT S 1/4 COR 31-5-72, N 0 48' W 805.72 FT, N 63 18' 32" W 248.75 FT
TPOB, N 61 20' 32" W 221.97 FT TO ERLY R/W HWY 7, N 38 56' 21" E 24.5 FT ALG SD R/W, TH ALG ARC CUR L,
Exhibit A to Ordinance No. 09-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
2531310002 REID SOUTH ST VRAIN ADD (#159)
TR B, REIDS S ST VRAIN, DESC AS COM AT S 1/4 COR 31-5-72, N 0 48' W 805.72 FT TPOB, N 63 18' 32" W
248.75 FT, N 42 35' 18" E 131.58 FT, S 62 29' 25"E 147.97 FT, S 0 48' E 140.27 FT TPOB
2531409036 SOUTH SAINT VRAIN ADDITION (#148)
POR LOT 10, S ST VRAIN ADD, EP, BEG AT NW COR NE OF SE 31-5-72, S 15 25' 43" E 1102.86 FT TO NE COR
LOT 10, BLK 4, COUNTRY CLUB EST, S 1 14' 4" W 400 FT TPOB, N 80 47' E 286.86 FT, TH ALG ARC CUR R, RAD
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: Superintendent Fredricks, Special Counsel Greg White, Director Bergsten
Department: Utilities Department, Water Division
Date: May 26, 2026
Subject: Ordinance 10-26 Considering the Inclusion of Certain Properties Located
within the Town of Estes Park into Northern Colorado Water
Conservancy's District
Type: Public Hearing, Ordinance
Objective:
To comply with the Northern Colorado Water Conservancy District (Northern District)
requirements through a streamlined, collective inclusion process for properties within
the Town’s boundary.
Present Situation:
Water projects in the West are inherently complex and capital-intensive. The Northern
Colorado Water Conservancy District (District) manages the Colorado-Big Thompson
Project, which diverts water from the western slope through the US Bureau of
Reclamation (USBOR) facilities for use by those who own C-BT units and are included
in the District's boundary.
As a provider of C-BT water, the Town is required to ensure that all customers receiving
this water are located within the District’s official boundaries. Currently, several
properties within the Town limits remain outside these boundaries.
While the process for individual property inclusion is burdensome and costly for property
owners, C.R.S. § 37-45-136(3.6) provides an efficient "bulk inclusion" method. This
statute allows a municipality to pass an ordinance consenting to the inclusion of all
properties within its boundary. Following the adoption of such an ordinance, the District
Board must hold a public hearing to review the consent. If approved, a court filing is
made to formalize the inclusion for service and taxing purposes.
Please note that the District levies a 1 mill levy property tax. While our Ordinance 5-24
was intended to address this issue, it did not provide a comprehensive property list
including properties not actively being served Town water. The District Board decided to
postpone their final vote until this was resolved.
Proposal:
Staff proposes the adoption of this ordinance which allows the District to bring all
properties within the Town' s municipal boundary into the District's boundary.
Advantages:
• Ensures the Town remains in full compliance with District and U.S. Bureau of
Reclamation requirements for the use of federal infrastructure to deliver C-BT
water
• Legally secures the Town’s ability to continue serving existing customers who are
currently outside the District’s boundaries
• Individual inclusions into Northern Water require "Secretarial Assent" from the
U.S. Secretary of the Interior, a federal process that can take 6 months or longer
and it requires individual NEPA environmental reviews. The collective approach
allows the Town process these properties in bulk, bypassing the significant time,
cost, and red tape owners would face on their own
• Utilizes the collective inclusion method under C.R.S. § 37-45-136(3.6), which is
vastly more efficient than the individual process, which carries heavy filing fees
and legal notice requirements for each property owner.
• Facilitates future developments or well-users who may eventually require
municipal water
• The Water Division is paying the inclusion fees and back property taxes.
Disadvantages:
• Owners of vacant property may be wary of being included in an additional taxing
district; however, inclusion significantly enhances long-term property value by
ensuring the land is legally eligible for water service.
Action Recommended:
Staff Recommends approval of the Ordinance 10-26.
Finance/Resource Impact:
Budget account number, fund name, project name (if applicable), contract / obligation
amount, available budget amount as of (date).
Account# 503-7000-580.35-54, Project code NCWCD, $ 71,658 available
as of 11-3-2025
Level of Public Interest:
Limited
Sample Motion:
I move for the approval/denial of Ordinance 10-26.
Attachments:
1. Ordinance 10-26
ORDINANCE NO. 10-26
AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN
PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the Town of Estes Park is an allottee of the Northern Colorado Water
Conservancy District for use of Colorado Big Thompson water (CBT water) within the
Town's municipal water system; and
WHEREAS, the rules and regulations of the Northern Colorado Water
Conservancy District require that all properties receiving CBT water be included within its
boundary; and
WHEREAS, certain properties within the Town of Estes Park have inadvertently
not been included within the boundaries of the Northern Colorado Water Conservancy
District; and
WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion
of said properties within the Northern Colorado Water Conservancy District pursuant to
the provisions of section 37-45-136(3.6) C.R.S; and
WHEREAS, a notice was sent by mail to all property owners owning property to
be included within the Northern Colorado Water Conservancy District notifying said
property owners of the terms and conditions of this Ordinance and other District
requirements; and
WHEREAS, said written notice provides that any property owner could appear
before the Board of Trustees of the Town of Estes Park and express any concerns prior
to the adoption of this Ordinance by the Board of Trustees of the Town of Estes Park; and
WHEREAS, the Board of Trustees, prior to the adoption of this Ordinance has
allowed all interested parties to express their concerns regarding this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board
of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties
set forth on Exhibit "A" attached hereto and incorporated herein by reference within the
boundaries of the Northern Colorado Water Conservancy District.
Section 2: The Board of Trustees hereby authorizes the Utilities Director or
designee to file the necessary documents for inclusion of the lands as set forth on Exhibit
" A" and pay all fees necessary to accomplish the inclusion of the lands within the District.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this ____ day of _______________, 2026.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
Attachment 1
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2026 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2026, all as required by the Statutes of the State of Colorado.
Town Clerk
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3522400923 FALL RIVER ADDITION(16-73)
2531200014 GADECKI ADDITION(10-02) TO BEG, EP
3522400022 FALL RIVER ADDITION(16-73)
3526300048 PARK ENTRANCE ESTATES ADDITION(09-
94) LN LOT 10 S 0 4' 9" W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19' 15" E 211.62 FT TPOB (SPLIT FROM 35263
3516000002 FALL RIVER ADDITION TENTH, EP
3523310001 FALL RIVER ADDITION(16-73) FALL RIVER ADD TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1 CONDOS @20060048203; LESS SUPP 1
3516412001 LOT 1, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP
3516412002 LOT 2, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3536405003 DEKKER ADDITION(288) LOT 3, MAJESTIC PINES, ESTES PK
2529318001 CARLSON ADDITION(14-01)
3516412003 LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP
DEKKER ADDITION(288)
2529314005 CARLSON ADDITION(14-01)
2406212006 OUTLOT F, THE UPLANDS AT FISH CREEK ADD, EP
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3515300006 FALL RIVER ADDITION SECOND AND
THIRD(13-05) BANK FALL RIV, E 528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E 146.7 FT FROM PT WH BEARS N 1 19' E
3516400096 FALL RIVER ADDITION FOURTH(13-05) 401.15 FT, S 0 37' W 226.67 FT TPOB, S 60 40' E 114.02 FT, S 0 37' W 142 FT M/L TO C/L FALL RIV, TH WRLY ALG SD C/L TO PT S 0
3516400079 FALL RIVER ADDITION FOURTH(13-05) NRLY R/W HWY 34, TH ALG SD R/W S 60 15' E 374.9 FT, S 73 57' E 207.96 FT, TH LEAV SD R/W N 9 56' E 249.25 FT, N 36 49' 45" W
3516400087 FALL RIVER ADDITION FOURTH(13-05) ALG HWY R/W S 79 49' E 552 FT, TH LEAV HWY N 4 8' E 157.95 FT TO N LN OF SE 1/4 & ROCKY MTN NATL PK BDRY LN, TH ALG SD
3516400091 FALL RIVER ADDITION FOURTH(13-05) TH ALG ROW S 85 7' E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9 FT, TH LEAV ROW S 0 37' W 238.36 FT, N
3516400034 FALL RIVER ADDITION FOURTH(13-05) 79 49' E 552 FT TPOB, TH ALG N R/W SD HWY S 79 49' E 60.1 FT, S 60 15' E 302.26 FT, TH LEAV SD HWY R/W N 17 6' E 343.9 FT TO
3523300018 FALL RIVER ADDITION(16-73)
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
2529324001 CARLSON ADDITION(14-01) UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158)
2529319001 CARLSON ADDITION(14-01) UNIT 1, SOLITUDE VI CONDOS, EP (20030106550)
3522433010 FALL RIVER ADDITION(16-73) UNIT 10, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP
3522433011 FALL RIVER ADDITION(16-73) UNIT 11, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP
3523332001 FALL RIVER ADDITION(16-73) UNIT 11A, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523332002 FALL RIVER ADDITION(16-73) UNIT 11B, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523332003 FALL RIVER ADDITION(16-73) UNIT 12A, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523332004 FALL RIVER ADDITION(16-73) UNIT 12B, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330013 FALL RIVER ADDITION(16-73) UNIT 13, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330014 FALL RIVER ADDITION(16-73) UNIT 14, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330015 FALL RIVER ADDITION(16-73) UNIT 15, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330016 FALL RIVER ADDITION(16-73) UNIT 16, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330017 FALL RIVER ADDITION(16-73) UNIT 17, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522426002 FALL RIVER ADDITION(16-73) UNIT 2, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP
3522409002 FALL RIVER ADDITION(16-73) UNIT 2, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
2529317002 CARLSON ADDITION(14-01) UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972)
2529315002 CARLSON ADDITION(14-01) UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978)
2529324002 CARLSON ADDITION(14-01) UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029)
2529319002 CARLSON ADDITION(14-01) UNIT 2, SOLITUDE VI CONDOS, EP (20030106550)
3523330020 FALL RIVER ADDITION(16-73) UNIT 20, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330021 FALL RIVER ADDITION(16-73) UNIT 21, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330022 FALL RIVER ADDITION(16-73) UNIT 22, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330023 FALL RIVER ADDITION(16-73) UNIT 23, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330024 FALL RIVER ADDITION(16-73) UNIT 24, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330025 FALL RIVER ADDITION(16-73) UNIT 25, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3523330026 FALL RIVER ADDITION(16-73) UNIT 26, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522427003 FALL RIVER ADDITION(16-73) UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP
3522409003 FALL RIVER ADDITION(16-73) UNIT 3, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
2529315003 CARLSON ADDITION(14-01) UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978)
2529317003 CARLSON ADDITION(14-01) UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582)
2529324003 CARLSON ADDITION(14-01) UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158)
2529319003 CARLSON ADDITION(14-01) UNIT 3, SOLITUDE VI CONDOS, EP (20030106550)
3522427004 FALL RIVER ADDITION(16-73) UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP
3522409004 FALL RIVER ADDITION(16-73) UNIT 4, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
2529317004 CARLSON ADDITION(14-01) UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970)
2529315004 CARLSON ADDITION(14-01) UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971)
2529324004 CARLSON ADDITION(14-01) UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677)
2529319004 CARLSON ADDITION(14-01) UNIT 4, SOLITUDE VI CONDOS, EP (20030106550)
3522428005 FALL RIVER ADDITION(16-73) UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP
3522409005 FALL RIVER ADDITION(16-73) UNIT 5, HOMESTEAD CONDOS SUPP 2, EP (20070045246)
2529317005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696)
2529315005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157
2529324005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175)
2529319005 CARLSON ADDITION(14-01) UNIT 5, SOLITUDE VI CONDOS, EP (20030106550)
3523330005 FALL RIVER ADDITION(16-73) UNIT 5, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522429006 FALL RIVER ADDITION(16-73) UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP
2529317006 CARLSON ADDITION(14-01) UNIT 6, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970)
2529324006 CARLSON ADDITION(14-01) UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947)
2529315006 CARLSON ADDITION(14-01) UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157
2529329006 CARLSON ADDITION(14-01) Unit 6, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268)
3523330006 FALL RIVER ADDITION(16-73) UNIT 6, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3525326601 BEAVER POINT FIRST ADDITION(15-82) UNIT 601, PARK RIVER WEST CONDOMINIUMS, PHASE XVII, EPK (20050022660)
3525326603 BEAVER POINT FIRST ADDITION(15-82) UNIT 603, PARK RIVER WEST CONDOMINIUMS, PHASE XVII, EPK (20050022660)
3525326605 BEAVER POINT FIRST ADDITION(15-82) UNIT 605 (BLDG 21), PARK RIVER WEST CONDOS PH 19 (XIX), EP (20060017346)
3525326607 BEAVER POINT FIRST ADDITION(15-82) UNIT 607 (BLDG 21), PARK RIVER WEST CONDOS PH 19 (XIX), EP (20060017346)
3525326609 BEAVER POINT FIRST ADDITION(15-82) UNIT 609 (BLDG 21), PARK RIVER WEST CONDOS PH 19 (XIX), EP (20060017346)
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3525326611 BEAVER POINT FIRST ADDITION(15-82) UNIT 611, PARK RIVER WEST CONDOS (PH 18, BLDG 22) EP, (20050100769)
3525326613 BEAVER POINT FIRST ADDITION(15-82) UNIT 613, PARK RIVER WEST CONDOS (PH 18, BLDG 22) EP, (20050100769)
3525326615 BEAVER POINT FIRST ADDITION(15-82) UNIT 615 (BLDG 32), PARK RIVER WEST CONDOS PH XVI(16) EP (20040117482)
3525326617 BEAVER POINT FIRST ADDITION(15-82) UNIT 617(BLDG 32), PARK RIVER WEST CONDOS PH XVI(16) EP (20040117482)
3525326619 BEAVER POINT FIRST ADDITION(15-82) UNIT 619, PARK RIVER WEST CONDOS PH 20 (BLDG 28) EP (20060073966)
3525326621 BEAVER POINT FIRST ADDITION(15-82) UNIT 621, PARK RIVER WEST CONDOS PH 20 (BLDG 28) EP (20060073966)
3525326623 BEAVER POINT FIRST ADDITION(15-82) UNIT 623, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966)
3525326625 BEAVER POINT FIRST ADDITION(15-82) UNIT 625, PARK RIVER WEST CONDOS PH 20 (BLDG 29) EP (20060073966)
3525326627 BEAVER POINT FIRST ADDITION(15-82) UNIT 627, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224)
3525326629 BEAVER POINT FIRST ADDITION(15-82) UNIT 629, PARK RIVER WEST CONDOS, (BLDG 30) SUPP MAP, PH XIV, EP (20040086224)
3525326631 BEAVER POINT FIRST ADDITION(15-82) UNIT 631, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929)
3525326633 BEAVER POINT FIRST ADDITION(15-82) UNIT 633, (BLDG 31) PARK RIVER WEST CONDOMINIUMS, PH XV, SUPP MAP, EP (20040099929)
3526426635 BEAVER POINT FIRST ADDITION(15-82) UNIT 635, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911)
3526426637 BEAVER POINT FIRST ADDITION(15-82) UNIT 637, PARK RIVER WEST CONDOS, PHASE IX, EP (20030077911)
3525326639 BEAVER POINT FIRST ADDITION(15-82) UNIT 639, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222)
3525326641 BEAVER POINT FIRST ADDITION(15-82) UNIT 641, BLDG 24, PARK RIVER WEST CONDOS, SUPP MAP, PH XI , EP (20030125222)
3525326643 BEAVER POINT FIRST ADDITION(15-82) UNIT 643, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612)
3525326645 BEAVER POINT FIRST ADDITION(15-82) UNIT 645, PARK RIVER WEST CONDOMINIUMS, SUPP MAP-PH XIII (BLDG 23) EP (20040083612)
3525326647 BEAVER POINT FIRST ADDITION(15-82) UNIT 647, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984)
3525326649 BEAVER POINT FIRST ADDITION(15-82) UNIT 649, PARK RIVER WEST CONDOS, SUPP MAP, PH XII (BLDG 27), EP (20040012984)
3525326651 BEAVER POINT FIRST ADDITION(15-82) UNIT 651, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552)
3525326653 BEAVER POINT FIRST ADDITION(15-82) UNIT 653, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552)
3525326655 BEAVER POINT FIRST ADDITION(15-82) UNIT 655, PARK RIVER WEST CONDOS, SUPP MAP, PHASE X, EP, (20030106552)
3522430007 FALL RIVER ADDITION(16-73) UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP
2529317007 CARLSON ADDITION(14-01) UNIT 7, LOT 3, SOLITUDE III CONDOS, EP (20030077909)
2529315007 CARLSON ADDITION(14-01) UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971)
2529329007 CARLSON ADDITION(14-01) Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268)
3523330007 FALL RIVER ADDITION(16-73) UNIT 7, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
Exhibit A to Ordinance No. 10-26
PARCELNUM
(Feb 2026) ANNEXATION (Ord #) LEGAL DESCRIPTION
3522430008 FALL RIVER ADDITION(16-73) UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP
3523330008 FALL RIVER ADDITION(16-73) UNIT 8, STREAMSIDE CONDOS ON FALL RIVER SUPP 1, AMENDED; EP (20120053621)
3522432009 FALL RIVER ADDITION(16-73) UNIT 9, OLD MAN MTN BLDG, SUMMERSET ON FALL RIVER CONDO, SUPP 4, EP
3402410001 KIOWA RIDGE ADD(01-00) UNPLATTED AREA (ASSESSOR'S TRACT A) , KIOWA RIDGE SUBDIVISION (2000012116), EP
3402410902 KIOWA RIDGE ADD(01-00) UNPLATTED AREA (ASSESSOR'S TRACT B) KIOWA RIDGE SUBDIVISION (2000012116), EP
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: May 26, 2026
Subject: 2027 Provisional Strategic Plan
Type: Strategic Plan
Objective:
Consideration of the 2027 Provisional Strategic Plan.
Present Situation:
The Town Board adopts an annual Strategic Plan to guide staff in the development of
the proposed budget and each department’s work plan for the coming year.
Adopting a “Provisional Strategic Plan” is intended to:
1) Provide departments with a formal adopted document that they will use to
inform and guide development of the Town Administrator’s Proposed Budget;
and
2) Better track and report on changes to the Strategic Plan that come from the
budgeting process.
Proposal:
The proposed 2027 Provisional Strategic Plan is the result of two Town Board Strategic
Planning Study Sessions on March 9 and April 30. Changes to the Strategic Plan
necessitated by the budget process will be highlighted when staff return with a final
2027 Strategic Plan, to be considered concurrently with the 2027 Budget. This will
ensure that no unfunded Objectives are included in the final adopted plan, and will help
members of the public identify what has changed between initial strategic discussions
and the final budget.
Advantages:
• Allows greater insight/transparency into how Strategic Plan items are impacted
by the Town’s budget discussions and decisions.
• Provides clear direction to the Town Administrator and departments for the
preparation of the 2027 budget.
Disadvantages:
• The adoption of a Provisional Strategic Plan creates another step in the Town’s
strategic planning process that requires additional Board and staff time to
complete.
Action Recommended:
Approval of the 2027 Provisional Strategic Plan.
Finance/Resource Impact:
No direct financial impact. Strategic Plan Objectives that require financial support go
through the budget process.
Level of Public Interest:
Medium.
Sample Motion:
I move to approve/deny the 2027 Provisional Strategic Plan as presented.
Attachments:
1. 2027 Provisional Strategic Plan
Final (05/26/2026)
KEY OUTCOME AREA
(Alphabetical order)
STRATEGIC POLICY STATEMENTS GOALS (MULTI-YEAR)OBJECTIVES (ONE-YEAR)
1. We support a wide range of housing opportunities with a
particular focus on a broad spectrum of affordable workforce 1.A. Incentivize private development of workforce and 5.A.1 - Implement selected recommendation from the 2045 Parks and Open
1.B. Continue efforts with the Housing Authority to develop 9.A.1 - Complete a historic structure assessment for purposes of developing a
2. We support the needs of our senior community, including 1.C. Continue efforts with the Housing Authority and the
and partner organizations that support seniors. Identify
matters of importance, including housing and
3. We support the needs of families in our community.
4. We support a wide range of childcare opportunities with a
particular focus on infants and toddlers.
5.C. Continue to implement the 2019 Stanley Park Complex
5. We expand our open space and public park infrastructure, and
improve and maintain the durability, functionality, and efficiency
6.A. Ensure the Estes Park Development Code continues to
align with the new Comprehensive Plan and other Town
policies and goals by processing new amendments as
our adopted transportation, drainage, parking design
standards, and construction policies in the Development
Town of Estes Park 2027 Strategic Plan
THERE IS NO RANK-ORDERING OR PRIORITIZATION IN THIS PLAN. ALL NUMERICAL DESIGNATIONS ARE FOR REFERENCE PURPOSES ONLY.
For the purposes of Strategic Policy Statements, "We" refers to the Town organization, led by the Town Board of Trustees.
Exceptional Community Services - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community.
Attachment 1
6. We have an up-to-date Comprehensive Plan and Development
6.C. Develop a process to ensure that the costs of
development code, municipal code, and building code
7. We prioritize community accessibility for residents and guests
7.B. Continuously implement organizational processes and
services to improve the accessibility of public information in
all formats, with a particular focus on the needs of
individuals with disabilities and those with limited English
8. We enact policies that support all demographic segments of
10.A. Explore the potential to create a program to
incentivize art on both public and private property,
especially with new development in non-residential areas
9. We value and work to preserve, share, and respect the unique
history of Estes Park, and incorporate that history into our
1.A. Update and actively work on Human Resources
Town's public communications and engagement services and identify
opportunities for improvement, including future investments that would support
by evaluating user experience, staff management impacts, and platform
performance against alternative solutions. If findings warrant, submit a 2028
2. We attract and retain high-quality staff by being an employer
of choice, including offering highly competitive benefits and 3.A. Ensure adequate grant writing capacity as the current
future preventative facilities maintenance needs for Town
3. We match service levels with the resources available to deliver
4.A. Explore options to improve the Town's ability to ensure
diverse membership representation on Boards and
5.A. Conduct a community survey biennially in odd years to
4. We strive to ensure that the membership of our appointed 5.B. Evaluate the inclusivity and effectiveness of Town
Governmental Services and Internal Support - We provide high-quality support for all municipal services.
7.A. Develop an organizational culture that encourages
continuous process improvement.
5. We seek, value, respect, and meaningfully consider input and
participation from all community members. 7.B. Digitize Town records within Laserfiche.
10.A. Continually evaluate the functionality of our website
6. We prioritize and support a culture of customer service
11.A. Evaluate the service condition, safety, functionality,
accessibility, and land-use restrictions of our 32 public
buildings using a data-driven approach and document the
7. We support a culture of continuous improvement in our
internal processes and service delivery.
strategies to use Town-owned buildings and Town projects
8. We operate with transparency by maintaining open
communication with all community members and proactively
11.E. Develop a long-term Master Plan for Town Hall that
includes a space utilization study, life cycle replacement
needs (roofs, windows, siding, HVAC, etc.), and considers
the possibility of reconstruction to allow for mixed use
9. We monitor for, and protect against, cybersecurity threats.
10. We maintain a robust, transparent, accessible, and user-
friendly public-facing website.
11. We ensure that our facilities are well-maintained and meet
the needs of Town Departments and the community.
1. We value broad collaboration with our partners in providing
outstanding guest services.
2.B.1 - Update and develop emergency action plans for each event venue.
2. We provide and support a diverse selection of high-quality 2.C. Upgrade and maintain the quality, function, and safety
Outstanding Guest Services - We are a preferred Colorado mountain destination providing an exceptional guest experience.
3.A. Work with public- and private-sector entities to
encourage additional town destination opportunities for
guests, including the Museum, particularly in case visitation 2.B.3 - Improve the existing Event Orders that detail all the logistics for an event,
3. We strive to balance the impacts of visitation with the needs
and quality of life of our residents.
Rocky Mountain Conservancy on developing and
implementing ways to help educate and entertain guests at
4. We balance data-driven decisions with community values
when serving our guests and residents using up-to-date and
5.C. Continue providing the Guest Services (Service
Elevated) annual training for volunteers in the Visitor
5. We contribute to an exceptional guest experience through high-
quality visitor services.
6. We work to ensure that Estes Park is a sustainable tourism
destination.
1. We are committed to safeguarding the lives and property of 1.A. Evaluate and meet the sworn officer, dispatch, and with projected completion of construction and occupancy of a new police facility
1.B. Establish a timeline and funding strategy to implement
the Facilities Master Plan recommendations. Start with the 1.B.2 - Develop a funding plan for relocating Event Stall Barns in association with
2. We support environmental stewardship and sustainability
1.C. Evaluate the Town's approach to all-hazard emergency
management in collaboration with our local and regional
3. We recognize that substance abuse in our community and
schools is an ongoing issue and work with local and regional
partners to improve awareness, treatment, education, and harm
2.B. Support beneficial electrification of buildings by
encouraging the replacement of fossil-fuel appliances with
2.H.1 - Evaluate the need for a dedicated environmental planning function within
the Community Development Department that would be responsible for ensuring
new and existing development complies with sustainability and environmental
regulations and policies, especially regarding wildlife, wildfire, and flood, and
2.C. The Events and Visitor Services Department will 7.1 - Establish an operational data-sharing protocol with LETA911 to provide real-
Public Safety, Health, and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment.
4. We value the importance of maintaining a local emergency 2.D. Remain an active partner with Larimer County in education opportunities for the public.
5. We value the importance of maintaining the Estes Park Police 2.F. Support Visit Estes Park's efforts to communicate
6. We value redundancy and collaboration in the provision of
dispatch and law enforcement services.
7. We strive to enhance the safety of emergency responders.
investment in zero emission fleet vehicles, equipment, and
Council and the importance of Town representation on the
8. We believe restorative practices are essential to a healthy and
resilient Estes Park community by repairing harm, strengthening
relationships, facilitating engagement, and deepening
10.A. Continue to re-evaluate current evacuation
areas/procedures based on the best-available data and
9. We train and prepare to fully and immediately respond to
community emergencies.
10. We are proactive in our approach to wildfire planning and
mitigation in response to elevated fire risks in the Estes Valley
11. We recognize the importance of behavioral health in our
community and work with local and regional partners to improve
on a triple-bottom-line model, considering economic, social, and 1.A. Explore the possibility of an enhanced higher education
presence in Estes Park.
2.A. Improve and streamline the Development Review
process.
4.A. Continue implementation of the Downtown Plan.
5.A. Conduct corridor studies for the corridors called out in
the Comprehensive Plan.
3. We support a diverse economy, attracting and serving a broad
6.A. Work with the Economic Development and Workforce
Council to build capacity for small business owners to
4. We value the importance of a vibrant, attractive, and
economically viable downtown.
5. We support investment and revitalization in all of the Town's
commercial areas.
6. We support economic and workforce development efforts led
by other organizations.
7. We recognize the benefits of shopping locally and will actively
1. We maintain up-to-date financial policies, tools, and controls
1.A. Review and update key finance policies.
2.1 - Develop and share quarterly financial reports with the Town Board that
clearly compare revenues and expenditures against the adopted 2027 annual
2. We make data-advised financial decisions.
3. We will consider the most effective financing strategy for large
capital projects on a case-by-case basis, ensuring that each
financing package is appropriately tailored to the project under
Town expenditures to support cost-effective services for our
1. We value the development and maintenance of a safe,
sustainable, accessible, and efficient multimodal transportation
1.A. Upgrade and maintain our public trail network to ADA compliant pedestrian facilities
mechanisms to assist in funding multimodal transportation funded by SB267 grant funds. (2026/2027 Objective)
2. We will maintain a high-quality network of streets and trails for
our community.
1.C. Evaluate the next phases of the Wayfinding Signage Street to Marys Lake Road and seek construction grant funding. (Multi-year
1.D. Monitor and address the impacts to the Town sidewalk expanded transit routes, and micro-transit service. (2026/2027 Objective)
Town Financial Health - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies.
Transportation - We have safe, efficient, and well-maintained multimodal transportation systems.
3. We will evaluate and address multimodal traffic efficiency
2.A. Street rehabilitation efforts will result in an average
Pavement Condition Index of 80 or greater for the Town construct a 3-level parking structure at the Big Horn parking lot. (Multi-year
5.A.2 - Evaluate the pros and cons of dynamic pricing for paid parking, expansion
4. We effectively communicate with residents and guests about
3.B. Develop funding strategies for the design,
environmental clearance, and construction of the Moraine 5.A.3 - Evaluate the effectiveness of the current transit service routes, times, and
3.C. Consider implementing the recommendations in the 8.A.1 - Construct a concrete trail along the north side of Wonderview Avenue
5. We consider strategic, data-driven investments in technology
that promote the financial and environmental sustainability of 3.D. Consider implementing the recommendations in the
5.A. Continually evaluate implementation of the Downtown
6. We identify and leverage local, regional, and national
partnerships that strengthen and extend the Town's parking and 6.A. Work with CDOT and other partners to evaluate
7. We consider the potential impacts of technology changes,
including electric and autonomous vehicles and repurposing of
8.B. Obtain funding to design and build a functionally
connected bike and pedestrian network within one mile of
8.C. Complete the Fall River Trail using available trail
8. We will develop and maintain sidewalk and trail connectivity in
1.A. Ensure at least one water treatment plant can reliably
operate year-round by designing water treatment
maintenance costs by leveraging modern technologies,
Utility Infrastructure - We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers.
2. We provide safe, high-quality, reliable, and sustainable electric
2.A. Identify and remove high-risk/high-frequency power
outage areas through the targeted replacement of bare
overhead conductors and the deployment of intelligent 5.A.1 - Complete construction of Trailblazer Broadband system for customers in
reduce high-frequency leaks and stabilize distribution pressure on the town's
3. We use a risk-based approach for achieving an appropriate
4.A. Continue implementing the Stormwater Master Plan.
6.A.1 - Complete the Esri Utility Network (UN) migration for Fiber GIS that
funds the administration, operation, maintenance, and
capital expansion of stormwater infrastructure over a 30
4. We effectively and efficiently manage stormwater and are
4.C. Upgrade and maintain our stormwater collection
system to reduce the risk of flooding and damage to public
5. We encourage and support responsible stewardship of our
utilities' natural resources, including the use of renewable energy 4.E. Pursue grant funding for private and/ or public flood
6. We provide access to high-speed, high-quality, reliable
5.A. Increase/enhance renewable energy sources and
storage by collaborating with PRPA and the other Owner
Communities to support PRPA's transition plan to minimize
7. We partner with the three other owner communities to
advance Platte River Power Authority towards our goal of a 100% 6.A. Accumulate net positive revenues and apply for grants
common modernization platforms between the three
owner communities and PRPA to support financial
sustainability of PRPA's carbon-to-renewable transition
� Ex ecutiv e S essi on
Honorable Mayor Hall & Board of Trustees
No packet material will be provided for this item.
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.