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Home My WebLink AboutPACKET Town Board 2026-07-28 Part 1 of 2Note - The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town Board of Trustees Regular Meeting Tuesday, July 28, 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 Pledge of Allegiance Recognition - Estes Park School Environmental Resilience Team Proclamation - Estes Park Recycles Day Proclamation - Estes Arts Month Agenda Approval Public Comment Town Board Comments/Liaison Reports Town Administrator Report Policy Governance Monitoring Report – Policies 3.3, 3.12, and 3.13 Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. The above policies are reported each July. Consent Agenda 1. Expenditure Approval Lists – Bills 2. Town Board Meeting and Study Session Minutes dated July 14, 2026 3. Estes Park Planning Commission minutes dated May 19, 2026 and June 16, 2026 Acknowledgment Only) 4. Resolution 85-26 Intergovernmental Agreement among Owner Communities Tasking Platte River Power Authority with Coordination of Distributed Energy Resource Programs and Projects 5. Resolution 86-26 Intergovernmental Agreements with the Colorado Department of Transportation for NAAPME and MMOF Grant Funds for Moraine Avenue Multimodal Trail Design and Construction, $5,979,039.40, Budgeted 6. Law Enforcement Assistance Fund (LEAF) SFY27 Supplemental Grant Award to Purchase Impaired Driving Enforcement and Education Equipment for the Estes Park Police Department 7. Acceptance of Town Administrator Policy Governance Monitoring Report Reports and Discussion Items (Outside Entities) 1. 2025 Base Funding Report: Salud Family Health Presented by President/CEO Santistevan To present on how 2025 Town Base Funding was used to benefit the community and/or advance the Town's Strategic Plan. Planning Commission Items Items reviewed by Planning Commission or staff for Town Board final action. 1. Action Items: A. Resolution 87-26 Fall River Village II Combined Preliminary/Final Planned Unit Development Plan, Estes Park Housing Authority, Owner/Applicant Presented by Senior Planner Hornbeck Proposal to amend existing Planned Unit Development Zoning Overlay to address non-conforming situations that would result from subdivision of the property and make minor changes to allowed uses. Agenda continues on page 3. B. Resolution 88-26 Fall River Village II Preliminary Plat, Estes Park Housing Authority, Owner/Applicant Presented by Senior Planner Hornbeck To consider subdivision of 3.8 acre property into 14 townhome lots, one 8-plex lot, one duplex lot, and event facility/office lot. C. Resolution 89-26 Fall River Village II Final Plat, Estes Park Housing Authority, Owner/Applicant Presented by Senior Planner Hornbeck To consider subdivision of 3.8 acre property into 14 townhome lots, one 8-plex lot, one duplex lot, and event facility/office lot. Action Items 1. Resolution 90-26 Supplemental Budget Appropriations #2 to the 2026 Budget Presented by Director Zimmerman Amendment to 2026 Budget for new grants, projects and adjustments that arose after adoption of the original budget. 2. Resolution 91-26 Memorandum of Understanding Between the Town of Estes Park and the Estes Valley Recreation and Park District and Change Order to the 2026 Overlay and Patching Contract with Coulson Excavating Presented by Engineer Wittwer To coordinate efforts for respective paving needs, and improvements at Stanley Park. 3. Rescheduling the June 22, 2027 Town Board Meeting to June 29, 2027 Presented by Town Attorney Kramer To allow the Town Board of Trustees to attend the Colorado Municipal League Annual Conference in 2027. Adjourn The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: July 28, 2026 Subject: Environmental Resilience Team Recognition No packet material has been provided for this item. s;tesi ^arfc, Colorabo roriamation WHEREAS, Estes Park recognizes the importance of protecting and preserving our natural resources and adopting conscientious habits that will bring about a cleaner, safer, and more sustainable environment; and WHEREAS, Estes Park Recycles Day provides Estes Valley locals an opportunity to recycle electronics, which, by law, may not be deposited into landfills or single stream recycling bins in Colorado; and WHEREAS, it is essential, for security purposes, to shred papers containing personal and financial information before recycling them; and WHEREAS, the 2026 Estes Park Recycles Day collection includes electronics, scrap metal, and document shredding to further extend recycling opportunities for our residents and businesses; and WHEREAS, the collection of recyclable goods has been extended to include bicycles, bicycle tires and tubes, crutches, walkers and wheelchairs; and WHEREAS, there is an opportunity for businesses and residents to properly dispose of "hard to recycle" material at the annual Estes Park Recycles Day; and WHEREAS, to improve sustainability, promote good disposal habits, and provide multiple benefits to our citizens and our businesses, the League of Women Voters Community Recycling Committee, the Rotary Club of Estes, and the Town of Estes Park have organized a multi-purpose recycling activity on August 8th, 2026. NOW, THEREFORE, BE IT RESOLVED, t^iat the Mayor and the Trustees of the Town of Estes Park do hereby proclaim August 8, 2026, as ESTES PARK RECTCLES DAY And enthusiastically call upon the citizens of Estes Park to bring their "hard to recycle" disposables and join everyone else at the Town ofEstes Park Event Center from 9:00 a.m. to noon to celebrate Estes Park Recycles Day by recycling. In witness whereof I have hereunto set my hand and caused this seal to be affixed. Gary Hall, Mayor Attest: July 28, 2026 6teg ^arfe, Colorabo rodamation WHEREAS, the Town of Estes Park is home to many individuals, businesses, and non-profits involved in creative pursuits; and WHEREAS, every August, well-known artists from all over the country converge on Estes Park for Estes Valley Plein Air; and WHEREAS, every August, the Annual Artist Studio Tour is celebrated in Estes Park with an immersive, home- to-home art experience showcasing talented local artists; and WHEREAS, every August, the Estes Park Jazz Fest brings the soulful sounds of jazz to the heart of the Rockies; and WHEREAS, this August, the Fine Arts Guild of the Rockies will produce a theater performance; and WHEREAS new murals will be installed in Estes Park as the Estes Arts District launches a community-wide mural program; and WHEREAS, all residents and visitors will be invited to join in with creating and experiencing art in Estes Park. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Town of Estes Park, proclaim August 2026, as ESTES ARTS MONTH Yandthankallcitizenswhoareparticipatinginthis year's Arts celebrations during the month of August, and support the Arts organizations of the Estes Park community all year long. In witness whereof I have hereunto set my hand and caused this seal to be affixed. Gary Hall, Mayor Attest: June 21,2026 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 Date: July 28, 2026 Subject: Policy Governance Monitoring Report – Policies 3.3, 3.12, and 3.13 Type: Policy Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. In July of each year the Town Administrator is required to report on Policies 3.3 (Financial Planning and Budgeting), 3.12 (Internal Operating Procedures), and 3.13 (Town Organizational Plan). Policy 3.3 states: With respect for strategic planning for projects, services, and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.” Policy 3.12 states: With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations.” Policy 3.13 states: With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Annual Comprehensive Financial Report each year and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election.” This report constitutes my assurance that, as reasonably interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. If there are any exceptions to this compliance, they are clearly noted within the report. Travis Machalek Town Administrator Policy 3.3: With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. Accordingly, the Town Administrator shall not allow budgeting which: 3.3.1: Deviates from statutory requirements. Interpretation: I interpret this to mean that our budgeting practices and policies comply with all requirements contained in the Colorado Revised Statutes that are applicable to statutory towns. Compliance with the policy will be achieved when: There are no deviations in our practices or policies from what is required by State Statute. Evidence: 1. The annual independent audit 2. Annual Comprehensive Financial Report (ACFR) 3.All policies are reviewed for legal compliance by the Town Attorney 4.No State-issued non-compliance notifications to the Town of Estes Park regarding our budgetary obligations under State Statute. Report: I report compliance. 3.3.2: Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. Interpretation: I interpret this to mean that the annual budget adopted by the Board of Trustees represents the officially adopted priorities of the Board. This includes any budget amendments approved by the Town Board throughout the year and any specific spending authorizations approved by the Town Board. I interpret “materially deviate” to mean any change in spending priority that results in a resource diversion away from any Board objective, goal, or outcome that is substantial enough to hinder the achievement of the objective, goal, or outcome. I do not interpret minor deviations resulting from changing circumstances, community demands, and/or unforeseen circumstances outside of the Town’s control as material deviations. Compliance with the policy will be achieved when: Budget spending does not materially deviate from the levels approved in the adopted budget. Evidence: Attachment 1 1. The 2026 adopted budget was prepared based on the Board’s Strategic Plan. 2. Any substantial budget changes have been presented to the Board for review and approval as budget amendments. 3. HTE budget reports for each department are available on request. Report: I report compliance. 3.3.3: Contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. Interpretation: I interpret this to mean that the Town Administrator’s recommended budget must be based on credible data and the best available information concerning the local economy and other factors that may impact the Town’s revenues and expenses. In addition, the budget is to be structured to separate capital expenditures from operational costs. All revenue projections will be based on the professional judgement of the Town’s Finance Director. Compliance with the policy will be achieved when: Operational revenue projections are clear and projected and actual revenues are within a 10% margin of error, barring any catastrophic events. The budget presented to the Board for adoption is in a format that separates revenues, expenses, and capital expenditures. Critical assumptions used in preparing the budget are clearly articulated to the Board during budget review sessions. Evidence: 1. Operational revenue projections for 2026 are currently within a 10% margin of error. 2. The 2026 adopted budget is presented in a format that separates revenues, expenditures, and capital. 3. Critical assumptions used in preparing the budget were discussed with the Board during budget review sessions as well as during budget amendment discussions. Report: I report compliance. 3.3.4: Plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Interpretation: I interpret this to mean that the proposed budget must be balanced. This includes expenditures for the year not exceeding the revenues received from all sources. Exceptions are Board-approved use of fund balances, and use of funds that have been accumulated over a period of time, with the approval of the Board, with the intent of saving funds to pay for a specific project or capital expense. Compliance with the policy will be achieved when: The proposed budget meets the above criteria, inclusive of any board approved spending of fund balance or specific reserve funds. Evidence: 1. The adopted budget demonstrates that I have not allowed budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Report: I report compliance. 3.3.5: Reduces fund balances or reserves in any fund to a level below that established by the Board of Town Trustees by adopted policy. Interpretation: I interpret this to mean that fund balance reserves must be calculated at every budget amendment, and that the General Fund reserve shall not drop below 25% unless otherwise authorized by the Board. If the Board approves and adopts a budget that plans for reducing the fund balance below the 25% level, I interpret this as being authorized by the Board. Compliance with the policy will be achieved when: The latest budget amendment shows a General-Fund fund balance of 25% or greater, unless otherwise approved by the Board. The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise approved by the Board. Evidence: 1. 2026 Budget Amendment #1 anticipates a 32.5% General-Fund fund balance at the end of 2026. Report: I report compliance. 3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. Interpretation: I interpret this to mean that I must prepare a budget that maintains a fund balance of 25% or more in the General Fund and adequate fund balances in all enterprise funds, including the required TABOR reserve and the current cash reserves as defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Compliance with the policy will be achieved when: The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. The current cash reserves meet the criteria defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Evidence: 1. The 2024 ACFR shows a 35.8% General-Fund fund balance at the end of 2024. 2. 2026 Budget Amendment #1 anticipates a 32.5% General-Fund fund balance at the end of 2026. 3. Current cash and investment reserves are reported to the Board on a monthly basis, as required by Board Policy 670. 4. The Town’s budget contingency plan is established in Policy 670 (Section 3.b). Report: I report compliance. 3.3.7: Fails to provide for an annual audit. Interpretation: I interpret this to mean that I must ensure that the Town completes an independent audit annually. Further, that audit report should result in an unqualified and unmodified opinion from the Board’s auditors. Compliance with the policy will be achieved when: The annual audit is complete and presented to the Town Board. Evidence: 1. The 2024 Audit was submitted to the Town Board and the State of Colorado with an unqualified and unmodified opinion from the Board’s auditors. 2. The 2025 Audit is in progress and close to completion. Report: I report compliance. 3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. Interpretation: I interpret this to mean that I cannot take any action that will negatively impact the Town’s bond rating. This includes maintaining adequate fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all revenue bonds associated with the Town’s enterprise funds. Compliance with the policy will be achieved when: I am in compliance with 3.3.5. Required bond coverage ratios are met. Evidence: 1. The 2024 ACFR shows a 35.8% General-Fund fund balance at the end of 2024. 2. 2026 Budget Amendment #1 anticipates a 32.5% General-Fund fund balance at the end of 2026. 3. Our current (December 31, 2025) estimated bond-coverage ratio for Power and Communications (305%) exceeds the required ratio of 125%. 4. Our current (December 31, 2025) estimated bond-coverage ratio for Water 788%) exceeds the required ratio of 110%. Report: I report compliance. 3.3.9: Results in new positions to staffing levels without specific approval of the Town Board. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds, and any temporary positions for which existing budgeted funds are allocated. Interpretation: I interpret this to mean that I cannot allow any new positions or expansion of any part-time positions to be advertised or filled without prior Board approval. I may allow new positions or partial positions funded by grants or temporary positions for which existing budgeted funds are allocated without prior approval of the Board. I may also allow reductions in staffing without Board approval. Compliance with the policy will be achieved when: No new positions or expansion of any part-time positions are approved and/or hired without approval of the Board, with the exceptions noted above. Evidence: 1. All positions are indicated in the adopted and proposed budgets and no unapproved positions have been created. Report: I report compliance. Policy 3.12: With respect to internal operating procedures, the Town Administrator will ensure that the Town has internal procedures to promote effective and efficient Town operations. Interpretation: I interpret this to mean that I maintain up-to-date internal policies and procedures that control the day-to-day operations of the Town. These policies are updated when necessary to reflect changing conditions and governing laws. Compliance with the policy will be achieved when: No issues arise that go unaddressed by internal policies and procedures and the Town is not put at risk legally or financially due to the lack of adequate policies or procedures guiding our actions. Evidence: 1. Town policies and procedures are up-to-date and available to all employees on iTown. 2. Policies are reviewed on a regularly scheduled basis to ensure they remain current and effective. Report: I report compliance. Policy 3.13: With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year, and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election. Interpretation: I interpret this to mean that I maintain a current organizational chart that is included in the ACFR and presented to the Town Board after the certification of the results of each biennial Town election. Compliance with the policy will be achieved when: The organizational chart is printed in the ACFR. The organizational chart is presented to the Town Board at the first regular meeting following the certification of the results of each biennial Town election. Evidence: 1. The organizational chart was published as part of the 2024 ACFR and will be published as part of the 2025 ACFR. 2. The organizational chart was presented late to the Town Board at the May 12, 2026, Town Board meeting. I should have presented the chart at the April 28, 2026, Town Board meeting. Report: I report partial compliance. The organizational chart continues to be published as part of the Town’s ACFR, but I failed to present the chart to the Town Board at the first regular meeting following the certification of the results of the 2026 Town election. The organizational chart was presented to the Town Board at the May 12, 2026, Town Board meeting. Town of Estes Park, Larimer County, Colorado, July 14, 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 14th day of July, 2026. Present: Gary Hall, Mayor Kirby Hazelton, Mayor Pro Tem Trustees Bill Brown Chris Eshelman Mark Igel Frank Lancaster Jamie Mieras Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. Agenda Approval. It was moved and seconded (Hazelton/Eshelman) to approve the Agenda, and it passed unanimously. Public Comments. Rebecca Urquhart/Town resident stated the rewrite of the Estes Park Development Code should be completed prior to the Town discussing affordable housing along with density and in which zoning districts to expand the use. Kristine Poppitz/County citizen stated concerns with staff initiated land use changes while the Estes Park Development Code continues to be rewritten. She commented the changes seem to be inappropriate to bring forward at this time. Frank Theis/Town resident commented that development has become cost prohibitive and he was unsure how to incentivize developers and builders. He stated concern with increased height, but noted that developers would use an increase in height to increase density. Trustee Comments. Board comments were heard and have been summarized: A second water treatment plant tour was conducted for the Trustees; Sister City meeting was held and it was determined to hold their annual meeting on September 11, 2026; Restorative Justice has issued an RFP for the development of a strategic plan, and would facilitate two Community Conversations on the rewrite of the Estes Park Development Code; attended the Latino Alliance meeting at the Estes Park Chamber; thanked the Town Event staff and the Rodeo Committee for a wonderful Rooftop Rodeo; the upcoming Visit Estes Park meeting would include a presentation by Larimer County Commissioner Shadduck- McNally, discussion of an event policy, and an upcoming tourism summit in September; noted the Estes Park Arts held Friends of Folk at Performance Park and continue to work on murals around town; and the community support group for the exchange visitors would hold events to engage them and the community. Town Administrator Report. Town Attorney Kramer requested the Board consider holding the second meeting in June on the fifth Tuesday of the month in 2027 to allow Board members the opprotunity to attend the annual CML conference which falls on the fourth week of June. DRAFT Board of Trustees – July 14, 2026 – Page 2 Consent Agenda: 1. Expenditure Approval Lists – Bills 2. Town Board Meeting and Study Session Minutes dated June 23, 2026 3. Estes Park Board of Adjustment Minutes dated June 2, 2026 4. Estes Park Planning Commission Minutes dated May 19, 2026 (acknowledgment only) 5. Resolution 83-26 Declining the Broadband Equity, Access, and Deployment BEAD) Grant Award 6. Resolution 84-26 Change Order for the Visitor Center Parking Lot Improvements Design with Kimley-Horn and Associates, Inc., $46,508.50 – Budgeted It was moved and seconded (Igel/Mieras) to approve Consent Agenda, and it passed unanimously. Reports and Discussion Items (Outside Entities): 1. 2025 Base Funding Report: Via Mobility Services. Dena Boutwell/Depurty General Manager and Adriana Torres/Operations Manager provided an overview of the services provided in Estes Park. They stated an AI assistant was deployed to assist riders 24/7. They further noted Via was on a trajectory to provide 300 additional rides in 2026. Trustee Mieras stated her support for the service and thanked Via for providing the service to the hospital for patients. Action Items: 1. Policy 404 Public Art and Policy 405 Civic and Public Service Recognition. Director Careccia stated Art in Public Places (AIPP) program was created by the Park Advisory Board and Public Works staff in 2015 and administered through Policy 880 Public Art Policy. The policy addresses selection, acquisition, installation, and maintenance of art on Town-owned property or facilities or on private property if public funds are used. The Board reviewed proposed revisions to the policy to address plaques honoring civic service and the creation of a formal program to recognize individuals with significant civic and public service contributions to the community. Staff proposed moving the administration of the policy from Public Works to Community Development with Policy 404, with Public Works maintaining a significant role in retaining responsibility for arts within Town parks. The Internal Services Department has been added to evaluate and approve a plan to protect and preserve art when construction, remodeling, painting, or repair may be needed. Policy 405 would establish a process to recognize up to two (2) individuals per year to be nominated and if approved establish a plaque to be displayed in a Town facility. Board discussion was heard and summarized: Trustee Lancaster questioned what the policy was trying to fix and why a policy would be needed when the Board currently could address recognition without the policy; a Study Session in March provided staff direction on the development of a recognition policy; could support the development of guidelines and criteria for the recognition of an individual’s service but not the current proposed policy; the recognition should be ad-hoc; and concerned with the limitation on two individuals per year. It was moved and seconded (Brown/Hazelton) to approve Policy 404 Public Art Policy, and it passed unanimously. It was moved and seconded (Lancaster/Igel) to deny Policy 405 Civic and Public Service Recognition, and it passed with Mayor Hall and Mayor Pro Tem Hazelton voting “Yes” and Trustee Brown recusing himself. 2. Revised Policy 671 Town Funding of Outside Entities. Management Analyst Simpson presented a revised policy to remove the Estes Nonprofit Network from the list of entities eligible to apply for Base Funding as the organization would cease to DRAFT Board of Trustees – July 14, 2026 – Page 3 exist as of December 31, 2026. The policy language was broadened from “Town Administrator’s Office: to “the Town” in reference to deliverables. An additional clarification was made to the reporting requirements for Community Initiative Funding. Town Board comments and questions were heard and have been summarized: The Chamber Foundation has taken on many of the functions of the Estes Park Nonprofit Network and they should be eligible for base funding as an eligible entity; commented on the need to review the Foundation’s results before adding them to base funding and the need to review the process and guidelines on how an entity becomes eligible for base funding, where it was noted the Board can consider adding entities at anytime with the understanding of the budget timelines; a review of the funding needs by the Foundation should occur outside of the revisions to the policy; any change to the list of eligible entities should be noticed and included in the packet materials; and it was noted the Estes Park Nonprofit Network would transfer unexpended funds, including Town base funding for 2026 to the Foundation. Scott Larrimore/Town resident encouraged the policy clearly outline how an entity could become base funded. It was moved and seconded (Brown/Igel) to approve Revised Policy 671 Town Funding of Outside Entities, and it passed with Mayor Hall voting “No”. Report and Discussion Items: 1. Estes Valley Childcare Facility Master Plan. Executives Partnering to Invest in Childcare (EPIC) members Alethea Gomez, Joe Zanone, and Nathaniel Budd presented the final Childcare Facility Master Plan as required by the grant funding received from the Colorado Department of Local Affairs (DOLA). The final report did not recommend a specific childcare facility site for development, but instead, identified three facility development models that could be used to guide future childcare investment opportunities, funding, and community needs. The Master Plan recommended two DOLA best practices to support policy direction: 1) Childcare- friendly land use and zoning that makes it easier to develop, expand, or adapt facilities for childcare use in appropriate locations, and 2) A public-private childcare infrastructure partnership strategy that supports facility development and operation. The Town Board accepted the Plan as presented. 2. Request For Temporary Use of Lot 4 For Customer Parking at The Stanley. Deputy Town Administrator Damweber presented a request from the Stanley Hotel to temporarily permit customer parking on the portion of Lot 4, Stanley Historic District where construction staging and work crew parking has been permitted during construction. In 2014, the citizens voted to approve the sale of Lot 4 to Grand Heritage Hotel Company subject to certain terms outlined in a Restrictive Use Covenant: either 1) One or more facilities with integrated programs and operations focused on promoting wellness through lifestyle changes; or 2) Open space reserved for common use and enjoyment by the owners and the occupants of Lot 4. In 2024, the Town issued a grading permit to the Stanley Hotel for secondary temporary dirt stockpile location during construction of the Film Center with provisions. In May 2026, the Town received a request by the contractor to allow temporary parking for construction crews, which was permitted and seen as less impactful to the site physically and visually, with an emphasis on only construction crew vehicles and not hotel customers. In late June, a representative of the Stanley Hotel requested customer parking on Lot 4. Staff proposed the Town Board discuss the restrictions in the Covenant and provide direction if it could be temporarily waived to allow customer parking. Town Board comments were heard and have been summarized: Mayor Hall stated after a review of documents it appeared restrictions on parking was not noted, and therefore he would be in favor of a waiver to allow parking. Trustee Brown commented open space must be free of any structures, questioned the need for a temporary use permit for parking during construction, noted the ballot initiative was 12 years ago and the owner has property rights, and would support allowing the temporary parking, as well as allowing them to charge for parking. Trustee Lancaster noted the voters approved the sale of the property for a wellness center or open space which was DRAFT Board of Trustees – July 14, 2026 – Page 4 clearly defined in the restrictive covenant and does not have an expiration date. He further noted the Town has an ethical, fiduciary responsibility to follow the will of the voters. Trustee Mieras stated her support to allow the temporary parking lot through the duration of the project and maybe beyond. Trustee Igel commented the level of discontent of the community would be easy to measure if the Board were to allow paid parking on Lot 4 as it was clear what the land could be used for during the election, and would now be disrespectful to allow paid parking on the lot. He stated further concern with the temporary use permits that have been allowed on the lot. Trustee Eshelman commented on his previous work in excavation which clearly defined open space as a natural area and not a driveway or a parking lot, therefore, he would not be in support of a temporary parking lot. Mayor Pro Tem Hazelton stated the Stanley Hotel has supported the Town economically, however, the temporary use of the land as a parking lot does not support the purposes outlined in the covenant. Whereupon Mayor Hall adjourned the meeting at 9:04 p.m. Gary Hall, Mayor Jackie Williamson, Town Clerk DRAFT RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado July 14, 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 14th day of July, 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, Igel, Lancaster, and Mieras Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Attorney Kramer, and Deputy Town Clerk Beers Absent: None Mayor Hall called the meeting to order at 4:15 p.m. Water Rate Study. Utilities Project Manager Jacqui Wesley reviewed public outreach plans for the water rate study including public meetings, special presentations with local organizations, online, informational videos, bill stuffer, and coordination with a consultant and Public Information Officer Miller on other opportunities to engage the public. She introduced Shawn Gaddie/AE2S Nexus who presented the preliminary rate study findings and requested initial feedback regarding the rate structure and the public engagement plan. The last rate study was completed in 2019/2020 with the last increase occurring in 2022. Rate studies typically take place every three years or at major changes in capital planning. He stated the “tap fees” or system development and water rights fees had not been reviewed or adjusted since 2016 and would be included in the second phase of the 2026 rate study. He highlighted future challenges including inflation and cost- escalation, deferred maintenance, major system improvements, limited growth projections and rollback of state/federal funding. Water rate study objectives include ensuring a reliable utility operation, sustainable utility financial plan, water master plan implementation and ensuring any rates which are set are fair and equitable. The consultant presented a flexible model with high and low scenarios and has been working with the Town to plan for higher costs, with adaptability, should better circumstances be realized. He reviewed Phase 1 which was described as a revenue requirement and revenue adequacy evaluation. Planning scenarios were reviewed for construction at $40-50 million in capital cost variability with the Master Plan implementation cost ranging from $110 million (low) to $150 million (high) in capital needs in the next 10 years. He stated the rate would increase regardless of the high to low scenario and would build a revenue increase strategy that can be backed off, if a better scenario can be realized. Revenue was not anticipated to grow quickly over time. Forecasts on a $150 million Master Plan Implementation reflected a 15% increase over a five-year timeframe. Low implementation reflected a 10% increase. He reviewed water rate comparisons for Telluride, Steamboat Springs, and Pinewood Springs as well as other rate increases and increases in costs of services in the community. Next steps would include gaining Board feedback, continuing public outreach, finalizing the primary rate study report and moving into Phase II with staff. Board comments and questions have been summarized: Clarification was requested on water purification costs presented; how other communities have shared this responsibility with the visitors of their communities to reduce the impact to the residents; whether the implementation could occur more quickly due to aged infrastructure and would it significantly increase the rates; what the full timeline would be for implementation and the benefits of utilizing grants and other funding sources to reduce costs. Housing Definitions and Density Bonuses in the Development Code. In response to the 2026 Strategic Plan Goals, Manager Speedlin presented potential DRAFT RECORD OF PROCEEDINGS Town Board Study Session Minutes dated July 14, 2026 – Page 2 updates to Housing Definitions and Density Bonuses in the Estes Park Development Code. Staff requested Board feedback related to affordability targets, zoning applicability, development feasibility, and appropriate incentive structures to support workforce and attainable housing development. The Town has utilized density bonuses since the early 2000s. Between 2013 and 2017, no housing units were developed utilizing the density bonus framework. Since 2017, density bonuses have contributed to the development of 188 workforce or attainable housing units in the Estes Valley including Peak View, Prospector Apartments, Wildfire neighborhood and Grand Estates. Utilization remains limited and was attributed to limited relationship between affordability levels and development review incentives; uncertainty in the development review process; high land, infrastructure, and construction costs; limited availability of developable RM (Multi-family Residential) zoned land, and the need to rezone properties prior to pursuing attainable housing projects. The current incentive does not differentiate between projects serving different households at various affordability levels. Development costs continue to rise while uncertainty related to financing infrastructure and construction makes affordable housing projects difficult to pursue especially for private developers. She provided an overview of existing density examples including Mountain Wood Townhomes (14 units per acre), South Saint Vrain Apartments (12 units per acre), Eagle’s Landing Condominiums (17 units per acre), and Fall River Village 19.46 units per acre). Staff reviewed comparable mountain communities and the maximum base density zoning comparisons which reflected the Town density was one of the lowest values. Current base density in RM was at 8 units per acre and the incentive for workforce/attainable housing density bonus at 16 units per acre. She stated successful affordable housing programs rarely rely on density alone. These factors suggest it’s appropriate to evaluate whether the Town’s current incentive framework affects the advancement of the communities workforce housing goals and whether adjustments should be considered to better align with incentives with the desired affordability outcomes. Staff requested guidance on the following points to inform potential updates to the code: area median income (AMI) scaled density bonus structure, expanded applicability across zoning districts, and feasibility and market alignment. The Board provided feedback on: additional incentive; what affordability levels should be prioritized; appropriate density; expanded density bonuses and whether density bonuses should be paired with additional incentives. Discussion was heard and has been summarized: The importance of addressing lower AMI; areas where changes would benefit the Estes Park Housing Authority’s ability to provide housing; density levels on private lots; the impacts to parking as density increases; to define what 150% AMI means; how the Town can bridge the gap for developers and where that responsibility resides within the community; concerns were heard for further increasing density in accommodations zoning; the importance of researching other incentives and maintaining the character of existing zoning. Staff would have conversations with private developers, review base density values and would bring back examples to the Board. Draft Code Amendment for Neighborhood Meetings. At the May 26, 2026, study session the Board provided direction on the development code neighborhood meeting requirements. Director Careccia reviewed proposed code amendments including: Allowing the Director to waive/require additional neighborhood meetings (based on impact to surrounding properties, mix uses, density, complexity, or potential for adverse impacts); applicant retains responsibility for meeting coordination and public notice; applicant remains meeting moderator, staff attendance remains optional; meeting summary – must include how applicant intends to address, or not address, the issues discussed at neighborhood meeting; Director may require follow-up neighborhood meeting(s). Staff requested Board input on proposed changes. Board discussion ensued and has been summarized: An example was requested of a situation where a neighborhood meeting would be waived; whether there should be a neighborhood meeting prior to the pre-application meeting and the benefits to making the pre-meeting optional; how much work typically goes into getting to a pre-application meeting for a developer; not there to evaluate or moderate; there may be no value added to add extra steps to a standard processes; the importance of ensuring the developer does not limit public attendance including press; what the earliest possible time a member of the public can find out about a potential development or proposed DRAFT RECORD OF PROCEEDINGS Town Board Study Session Minutes dated July 14, 2026 – Page 3 project; if staff observe the meeting was not held according to the code, could the staff say the meeting was not held the way it should have and must be held again; the value in having a staff member attend the neighborhood meeting as observers only who can confirm the meeting was held according to the requirements; and the average number of development applications which are received in a year. Town Attorney Kramer recommended and the Board was in support to add language related to public participation was expected to observe basic standards of civility. Staff would bring forward proposed amendments to the code for consideration at a future meeting. Trustee and Administrator Comments and Questions. The Façade and Sidewalk Improvement Program Proposal was added to items approved/unscheduled. Future Study Session Agenda Items. It was requested to add a discussion on the history of the Fish Hatchery Property Project to approved/unscheduled. Staff stated timing of any application may determine when the discussion will be heard in an effort to remain within the parameters of quasi- judicial procedures. Trustee Igel requested Board interest in a discussion to consider refunding 2026 vacation home licensing fees for 440 Valley Road. The property was rezoned through Ordinance 11-26, effective July 27, 2026. The Town does not have a policy on refunding fees; therefore, the Board would need to make a decision related to the request. It was determined the Board would have an additional discussion to gather more information and ascertain Board consensus before directing staff. There being no further business, Mayor Hall adjourned the meeting at 6:54 p.m. Bunny Victoria Beers, Deputy Town ClerkDRAFT Town ofEstes Park, Larimer County, Colorado, June 16, 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 June 16,2026. Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Julie Phares Attending: Commissioners Cooper, Phares, Pawson, Community Development Director Steve Careccia, Planner II Kara Washam, Planning/Permit Tech Joe Berek, Town Attorney Dan Kramer, Town Board Liaison Bill Brown, Recording Secretary Karin Swanlund Absent: Arterburn, Mulhern Commissioner Cooper called the meeting to order at 1:50 pm. There were 6 people in the audience. INTRODUCTIONS As the Chair and Vice Chair were absent, the Commissioners nominated Commissioner Cooper as Chair Pro Tem. Commissioners and staff introduced themselves. AGENDA APPROVAL It was moved and seconded (Phares/Pawson) to approve the agenda. The motion passed 3-0. CONSENT AGENDA 1. Planning Commission Meeting Minutes dated May 19, 2026 Approval of the May 19 meeting minutes was continued to the next scheduled meeting. PUBLIC COMMENT NONE ACTION ITEMS: 1. Rezone from RM Multifamily to A1-Accommodations 440 Vallely Road. Planner Washam reviewed the staff report. The applicants request to rezone the subject property from RM (Multi-Family Residential) to A-1 (Accommodations, Low- Intensity) for the purpose of reclassification of the existing three-unit accommodations structure from "Vacation Home" to "Resort Lodge." In order to be reclassified, the property must be zoned to a district that allows such use, as "Resort Lodge" is not permitted in the property's current RM (Multi-Family Residential) zoning. No future development is proposed with this application. The applicants previously submitted a rezoning request in Fall 2025 and appeared before the Planning Commission on January 20,2026. At the public hearing, the Estes Park Planning Commission voted unanimously to forward to the Town Board a recommendation of approval of the proposed Zoning Map Amendment, on the basis of the review criteria in § 3.3.D. of the Estes Park Development Code, if the Town Board determines it is appropriate to approve per the purposes of Ordinance 11-25 (Ballot Question 300). Consequently, the applicants went before the Town Board on January 27, 2026, to request approval of the rezoning. The Town denied the Zoning Map Amendment (rezoning) from RM (Multi-Family Residential) to A-1 (Accommodations, Low Intensity) for failure to comply with Ordinance 11-25 enacted in November 2025. RECORD OF PROCEEDINGS Planning Commission - June 16, 2026 - Page 2 Following this denial, the applicants have resubmitted their rezoning request to satisfy the requirements of Ordinance 11-25. They have obtained written approval from twenty- three (23) of the thirty-one (31) record property owners within 500 feet of the subject property. This represents seventy-four percent (74%) support, exceeding the required two-thirds (2/3) threshold. Staff recommended approval of the rezone request. DISCUSSION: Jennifer Waters, Town of Estes Park Civil Engineer, explained that there is no public right-of-way along the middle section of Valley Road, even though the town maintains it. While the dedication of a right-of-way is not a requirement for this application, there is hope that the residents will eventually dedicate the road to the town. Don and Denice Borda, applicants, presented the history of this rezone request. They have contacted the neighbors an additional two times since the previous meeting, obtaining the required percentage of signatures needed. Commissioner Pawson asked Town Attorney Kramerwhy this application couldn't have bypassed the Planning Commission since this request had already been approved at a previous meeting. Kramer explained that while the Town Board theoretically has the authority to direct procedures, the previous denial was due specifically to non- compliance with Ballot Measure 300. Kramer clarified that the Planning Commission's core responsibility is to evaluate applications solely against the established review criteria in the Development Code, rather than on historical context. Commissioner Cooper asked about obtaining the signatures. The Bordas discussed the challenges they faced in complying with Ballot Issue 300, including the absence of guidance from the town, logistical hurdles and how they collaborated with fellow citizens to obtain the required signatures. PUBLIC COMMENT: None It was moved and seconded (Pawson/Phares) to forward a recommendation of approval to the Town Board of Trustees of the Zoning Map Amendment application, to rezone the 0.80-acre subject property addressed at 440 Valley Road from RM (Multi-Family Residential) to A-1 (Accommodations, Low Intensity), in accordance with the findings of fact outlined in the staff report. The motion passed 3-0 2. Conditional Use Permit for an Accessory Dwelling Unit 919 Elk Hollow Ct. Planner Washam reviewed the staff report. The Applicant proposes to construct a 510- square-foot (34'x15') detached Accessory Dwelling Unit (ADD) of modular construction to be installed on a permanent foundation. The intent is for multi-generational use to house a family that can no longer afford the Estes Valley area but work there. However, the Development Code does not dictate who can reside in the ADD. The proposed location of the detached ADU was selected to integrate seamlessly into the lot to minimize disruption to the neighborhood. The ADD will be sprinklered, as required by the Fire code. The applicant will provide one (1) space for parking for the resident(s) of the ADU, as required by EPDC § 5.2.B.2.a.(7). The ADU may not be used as a short- term rental unit (stays less than 30 days), as prohibited by EPDC § 5.2.B.2.a.(3). Staff recommended the following conditions for approval: The primary entrance of the proposed ADD shall be oriented toward the existing single-family home, facing east. RECORD OF PROCEEDBNGS Planning Commission - June 16, 2026 - Page 3 The exterior colors and materials of the proposed ADU shall generally match the existing single-family home as much as feasible. DISCUSSION: None PUBLIC COMMENT: Ed Ellington, 926 Village Green Ln, supported the ADU request as a neighbor. It was moved and seconded (Phares/Pawson) to approve the Conditional Use Permit, according to findings and conditions proposed by Staff. The motion passed 3-0. DISCUSSION ITEMS: Director Careccia spoke on the Development Code update. The department is currently working toward the 50% draft, which will be circulated to the commissioners, trustees and the public for review prior to the next meeting. The consultants will attend the Planning Commission meeting on July 21 to present an overview of the work done to date. Rezoning Criteria and Neighborhood meeting processes will likely be discussed at the August 18 Planning Commission meeting. The Town Board Study session on June 23 will include a discussion on rezoning criteria. The July 14 Town Board Study Session will include a discussion on neighborhood meeting procedures. The next open house for the Development Code is scheduled for July 21 at the Museum. With no further business, Chair Pro-Tem Cooper adjourned the meeting at 2:30 pm. M W^ UM^' Chuck Cooper, Chair Pro-terr/^/ y^y Karin Swanlund, Recording Secretary Town ofEstes Park, Larimer County, Colorado, May 19, 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 May 19,2026. Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Julie Phares Attending: Commissioners Cooper, Arterburn, Mulhern, Community Development Director Steve Careccia, Senior Planner Paul Hornbeck, Town Attorney Dan Kramer, Town Board Liaison Frank Lancaster, Recording Secretary Karin Swanlund Absent: Pawson, Phares Chair Cooper called the meeting to order at 1:30 pm. There were 7 people in the audience. INTRODUCTIONS Commissioners and staff introduced themselves. AGENDA APPROVAL It was moved and seconded (Mulhern/Arterburn) to approve the agenda. The motion passed 3-0. CONSENTAGENDA 1. Planning Commission Meeting Minutes dated February 17, 2026 It was moved and seconded (Arterburn/Mulhern) to approve the consent agenda. The motion passed 3-0. PUBLIC COMMENT NONE ELECTION OF OFFICERS Commissioner Mulhern nominated Vice Chair Arterbum as Chair, and Chair Cooper nominated Commissioner Mulhern as Vice Chair. Vice Chair Arterburn seconded both nominations. The vote passed 3-0. Arterburn took over as chair for the rest of the meeting. ACTION ITEMS: 1. Fall River Village Planned Unit Development Planner Hornbeck reviewed the staff report. The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot (2 units), and one lot for the event facility/office. The subdivision is a separate application and agenda item from this application to amend the existing PUD. Most of the desired uses are currently permitted under the PUD, which allows multi-family and two-family residential dwellings, government offices, and daycare. The PUD amendment is necessary to address nonconforming situations resulting from the subdivision and to make minor changes to allowed uses. The PUD seeks approval for changes in lot size, building envelopes, setbacks, parking, loading, sidewalks, and "uses". Staff recommended that the Planning Commission forward to the Town Board a recommendation to approve the combined Preliminary/Final PUD Plan, subject to the following findings and conditions of approval: RECORD OF PROCEEDINGS Planning Commission - May 19, 2026 - Page 2 Findings: 1. This request has been submitted to all applicable reviewing agency staff for consideration and comment, with no objections received. 2. The combined Preliminary/Final PUD Plan application complies with applicable standards set forth in the Estes Park Development Code. Conditions: 1. Parking shall be managed by the owner's association to ensure parking is provided in accordance with the approved PUD in a safe manner that does not block emergency access and shall include enforcement of event facility occupancy limits as necessary. Pete Levine, Director of Real Estate Development for the Housing Authority, gave a presentation covering both agenda action items. He reviewed the background of how the Housing Authority became the owner of the property. The review covered finances, property goals and how to achieve the goals. Also discussed were the plans for Skyview and Cliff House, HOA rules and the sales strategy for the buildings on the upper level of Fall River Village. PUBLIC COMMENT: Keith and Marlene Stone, 350 Far View Dr., expressed concerns regarding traffic and noise. They raised questions about the parking capacity for the event center, noting that there are currently very few dedicated spaces, leading to fears of overflow parking along the Far View frontage, similar to past experiences with weddings at the location. Kristine Poppitz, county resident, argued that the PUD amendment should be classified as a major or new application rather than a minor one, which would trigger stricter requirements under the Town's development code and Ordinance 11-25. She expressed concerns about the lack of publicly available notes from the community meeting. She requested more clarity on the financial risks involved, specifically regarding the potential for the property to incur losses and to lose its affordability covenants. She raised questions about the operational details of the Sky View event center and the status of the proposed childcare facility, emphasizing that the community deserves clear and early communication about these land-use changes. DISCUSSION: Commissioner Cooper asked if the school bus stops in FRV, and Chair Arterburn asked about the neighborhood meeting minutes. Scott Moulton, Executive Director of the Housing Authority, stated that childcare would be open to the entire community and noted that they were unsure of the specific location of the nearest school bus stop. Regarding the community meetings held for this project, Moulton admitted that the meeting minutes had not been posted to the website, but committed to making them available. Planner Hornbeck clarified that there are 80 parking spaces in the lot. These include 16 garage spaces and 14 spaces in front of them, with the remainder designated as common parking for the office and event facility. The 97-person occupancy limit for the Sky View event center was derived from a study that assumed a 3-person-per- vehicle ratio. Accounting for residential and daycare parking needs, approximately 22 spaces are available during the day, and there is sufficient capacity to support the event outside office hours. It was confirmed that this is a major PUD application rather than a minor one, and it was acknowledged that the proposal is subject to standard development requirements, RECORD OF PROCEEDINGS Planning Commission - May 19, 2026 - Page 3 which were followed. Potential questions about ordinance 11-25 should be deferred to the Town Board. Moulton answered questions raised by Commissioner Mulhern. He confirmed plans to install seasonally removable speed control devices (rubberized bumps) on the property to improve safety, as permanent structures are not feasible due to winter snow removal. He reiterated that the business plan—which involves selling 14 townhomes to pay down debt—has been consistently communicated to the Town Board. He emphasized that dedicated funding sources (voter-approved initiatives and regulatory linkage fees) and a $2.5 million debt service reserve serve as backstops to mitigate the risk of financial default or loss of affordability covenants. Discussion turned to the building code requirements for the units, specifically the need for attic fire separation and fire sprinklers in certain lots. The Housing Authority explained that they have a 180-day window to complete this work and are actively working with contractors to execute the retrofits as quickly as possible to meet safety standards prior to the final subdivision recording. It was moved and seconded (Cooper/Mulhern) to forward a recommendation of approval for the combined Preliminary/Final Planned Unit Development Plan according to the findings and conditions recommended by Staff to the Town Board of Trustees. The motion passed 3-0 2. Fall River Village Amended Plat Planner Hornbeck reviewed the staff report. The 24 existing units and event facility are located on a single 3.8-acre lot that is proposed to be subdivided into 14 townhome lots, one 8-plex lot, one duplex lot, and one lot for the event facility/office. A concurrent PUD amendment is necessary to address nonconforming situations resulting from the subdivision and to make minor changes to allowed uses. Per Review Procedures and Standards of the Code, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved, and second, a final subdivision plat is approved and recorded." Section 3.2 of the Code requires the Planning Commission to review the preliminary plat and make a recommendation to the Town Board, which is the final decision-making body. The final plat is reviewed by the Town Board only. Staff recommends that the Planning Commission forward to the Town Board a recommendation to approve the preliminary plat, subject to the following findings and conditions of approval: Findings: 1. Adequate public/private facilities are currently available or will be made available by the applicant to serve the subject property. 2. This request has been submitted to all applicable reviewing agency staff for consideration and comment, with no objections received. 3. The preliminary plat application complies with applicable standards set forth in the Estes Park Development Code, subject to approval of the corresponding application to amend the PUD. Conditions: 1. All recommendations identified in the building code analysis shall be completed, inspected, and accepted by the Town prior to recording of the final subdivision plat. DISCUSSION: RECORD OF PROCEEDINGS Planning Commission - May 19, 2026 - Page 4 Planner Hornbeck confirmed that while some lots were granted a zero-foot setback for internal property boundaries as part of the townhome development plan, the specific no- build area discussed is a distinct requirement to maintain safety and access around existing site amenities, such as the spa or hot tub. In response to Commissioner Mulhern's question about the water meters on lots 13 and 14, the HOA will be responsible for managing the water bill and using submeter data to bill individual lot owners for their actual consumption accurately. PUBLIC COMMENT: Kristine Poppitz, a county resident, questioned why the previous recommendation did not include a condition regarding the potential application of Ordinance 11-25, Town Board involvement. She also commented about the applicant's request for a sidewalk waiver, citing past public discussions regarding Peak View apartments. The commenter argued that the town code regarding sidewalks and trails should be strictly followed to ensure connectivity for residents and visitors, urging the commission not to set a precedent by granting special exceptions. Planner Hornbeck clarified that the Public Works department had reviewed the application and determined that new sidewalk construction was not necessary. The decision was based on the fact that the property is an existing development that already incorporates a sidewalk, which effectively provides the required pedestrian connection through the facility. It was moved and seconded (Cooper/Mulhern) to forward to the Town Board a recommendation of approval of the Preliminary Subdivision Plat according to findings and conditions recommended by Staff. The motion passed 3-0. DISCUSSION ITEMS: Director Careccia provided an update on the Development Code revision process, noting we are currently reviewing early drafts and providing feedback to the consultant. The goal is to have a document ready for public review by July, with potential study sessions scheduled before both the Planning Commission and the Town Board in late July. He also reminded the Commissioners to notify the Planning Division regarding any potential absences for upcoming summer meetings to ensure proper planning. With no further business, Chair Arterburn adjourned the meeting at 2:45 pm. n^^./^isF^ tiave Arterburn, Chair^ ^ y ^ „-....-.-...,. 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: Superintendent Lockhart Department: Utilities Department, Power & Communications Division Date: July 28, 2026 Subject: An Intergovernmental Agreement among Owner Communities Tasking Platte River Power Authority with Coordination of Distributed Energy Resource Programs and Projects Type: Resolution 85-26 Intergovernmental Agreement For Distributed Energy Resource Programs And Projects Objective: To review and request approval of a new Intergovernmental Agreement (IGA) for coordinated Distributed Energy Resources (DERs) programs and projects among the Town of Estes Park, Fort Collins, Longmont, Loveland, and Platte River Power Authority PRPA). Present Situation: The current agreement, the Intergovernmental Agreement For Demand Side Management And Distributed Energy Resource Program Partnership (executed in 2020), no longer adequately supports our strategic work toward a 100 percent non- carbon resource mix while maintaining the reliability, environmental stewardship, and financial sustainability of our electric service. Our ongoing energy transition relies heavily on the development of distributed energy resources and a Virtual Power Plant (VPP). A successful VPP will provide dispatchable capacity and grid services. This success requires a unified, regional strategy. Our Joint Action Agency, PRPA, is uniquely positioned to ensure these DER programs and projects are effectively integrated and coordinated across all owner electric utilities. To achieve this, the owner communities and PRPA have developed a new IGA to replace the 2020 agreement. Proposal: The proposed IGA tasks PRPA with coordinating a collective approach to DERs and regional grid systems. This modern framework replaces the rigid "load-ratio share" funding model of the past with a flexible "system-wide benefit" model, greatly improving our collective ability to deliver reliable, dispatchable capacity and grid services. Advantages: Cost-Effective Scalability: Enables more flexible, regional funding for programs that provide system-wide benefits, expanding energy program options for local customers. Establishes formal, modern protections and safeguards for sensitive utility, network, and customer data. Directly accelerates the development of a unified Virtual Power Plant (VPP) to support our non-carbon energy goals. Disadvantages: None Action Recommended: Town Board approval of the IGA. Finance/Resource Impact: None, common programs are funded through the Town’s wholesale power costs. Level of Public Interest: Low Sample Motion: I move for the approval of Resolution 85-26 Attachments: 1. Resolution 85-26 2. IGA RESOLUTION 85-26 APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR DISTRIBUTED ENERGY RESOURCE PROGRAMS AND PROJECTS WHEREAS, the Board of Trustees desires to enter into the Intergovernmental Agreement for Distributed Energy Resource Programs and Projects for the purpose of supporting the energy transition to non-carbon based resources with a centralized and strategic approach. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 1 of 12 INTERGOVERNMENTAL AGREEMENT FOR DISTRIBUTED ENERGY RESOURCE PROGRAMS AND PROJECTS This Intergovernmental Agreement (“Agreement”) is made by and between the TOWN OF ESTES PARK, a Colorado municipal corporation (“Estes Park”), the CITY OF FORT COLLINS, a Colorado municipal corporation (“Fort Collins”), the CITY OF LONGMONT, a Colorado municipal corporation (“Longmont”), the CITY OF LOVELAND, a Colorado municipal corporation (“Loveland”), and PLATTE RIVER POWER AUTHORITY, a political subdivision of the State of Colorado (“Platte River”), each, individually, a “Party,” and collectively referred to as the “Parties.” When specificity is not required, the municipal corporations that are Parties will be individually referred to as a “Municipality,” and collectively as “Municipalities.” RECITALS A.The Municipalities contracted with one another to establish Platte River as a separate legal entity and multi-purpose intergovernmental authority to provide the electric power and energy requirements of the Municipalities and to engage in activities related to the provision of electric power, energy, and related services. The Parties intend to define terms and conditions related to Platte River’s Distributed Energy Resource (“DER”) programs, related services, projects, and systems; and B.Periodically Platte River develops integrated resource plans that detail Platte River’s plans and programs in the areas of generation and transmission, renewable energy, and DER; and C.Platte River’s DER programs and projects include those offered to the Municipalities and their customers, which programs and projects are contracted for and funded by Platte River using Common Funding to provide System-Wide Benefit; and D.Platte River also provides DER programs that are funded by the Municipalities through Directive Funding; and E.The Platte River Board of Directors adopted Resolution No. 05-24 on May 30, 2024, to support developing a virtual power plant through collaboration among Platte River and the Municipalities and implementing actions, programs and systems to aggregate flexible DER to provide dispatchable capacity and grid services; and F.The Parties may use the scope and structure of Platte River’s programs to include Non- Electric Sustainability Services to be funded by the Municipalities using Directive Funding and desire to define certain terms and conditions related to Non-Electric Sustainability Services as set forth in this Agreement. G.The Parties are authorized under C.R.S. § 29-1-203 to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each. THEREFORE, THE PARTIES AGREE: Attachment 2 Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 2 of 12 AGREEMENT 1. Definitions. As used in this Agreement: Common Funding” means funding that is provided by Platte River to procure Common Programs or Projects offered by Platte River. Common Programs or Projects” means DER programs, related services, projects and systems that are developed by, contracted for, and funded by Platte River to provide System- Wide Benefit. Common Programs or Projects may be directly related to DER, or they may support DER integration by improving the integration and interoperability of Platte River’s and the Municipalities’ generation, transmission and distribution systems. Confidential Customer Information” has the meaning provided in Section 9(b). Confidential Information” has the meaning provided in Section 9. Confidential System Information” has the meaning provided in Section 9(a). DER Advisory Committee” has the meaning provided in Section 5. Designated Representative” has the meaning provided in Section 5. Directive Funding” means funding that is provided by a Municipality to Platte River to procure Directive Programs or Projects. Directive Programs or Projects” means those programs and projects proposed by a Municipality and accepted by Platte River that fall outside of the Common Programs or Projects. Directive Programs or Projects include additional DER programs or projects that may not provide System-Wide Benefit, but that provide individual Municipality benefits. They may also include Non-Electric Sustainability Services proposed by a Municipality and accepted by Platte River. Distributed Energy Resource” or “DER” means any physical or virtual devices or systems located within or adjacent to a Municipality’s electric system that can be deployed on the electric distribution system or on customer premises and that can be used to provide value to all customers through electric system optimization or individual customer benefits. Distributed Energy Resources include devices that provide energy storage, demand flexibility, distributed generation, energy efficiency, or electrification capabilities. Fiscal Year” means with reference to any Municipality, the applicable fiscal year for that Municipality, in accordance with its individual budget and accounting practices. Municipality” has the meaning provided in the Preamble. Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 3 of 12 Non-Electric Sustainability Services” means services that are intended to help customers improve the environmental sustainability of their homes or businesses and are typically available with DER services. This may include services aimed at improving air quality, reducing natural gas energy use or water consumption or waste management, or on-bill project financing services. Platte River will provide Non-Electric Sustainability Services in its sole discretion, funded through Directive Funding. Party” and “Parties” have the meanings provided in the Preamble. Platte River” has the meaning provided in the Preamble. System-Wide Benefit” means improvements to the reliability, financial sustainability or environmental performance of the regional or local electric system that accrue to Platte River and the Municipalities. 2.Term. This Agreement will be effective upon signature by all Parties and will remain in effect until terminated as provided in Section 6. 3.Common Programs or Projects. Platte River may identify desired Common Programs or Projects. Platte River will fund and implement Common Programs or Projects and coordinate as necessary with the Municipalities through the DER Advisory Committee. Municipalities may also propose a desired Common Program or Project. Platte River will coordinate as necessary with the DER Advisory Committee to determine if the proposed program or project is a Common Program or Project or if it should be considered a Directive Program or Project, or if it should not be implemented under this Agreement. 4.Directive Programs or Projects and Funding. Platte River or a Municipality may identify desired Directive Programs or Projects; provided, however, that Platte River may choose not to implement any Directive Program or Project in its sole discretion. Platte River and the interested Municipality may collaborate to offer a Directive Program or Project when they determine that collaboration would result in the effective delivery of the program or project to the Municipality’s utility customers. In these cases, Platte River will work closely with the Municipality to establish a scope of work for the Directive Program or Project as well as a budget to complete the scope of work. Before Platte River undertakes any Directive Program or Project, the Municipality must issue a purchase order authorizing an expenditure from funds that have been appropriated and are available in the Municipality’s budget. Platte River will invoice the Municipality monthly, or at another agreed upon interval. The Municipality will pay Platte River within 30 days of invoice receipt. Nothing in this Agreement precludes any Municipality from pursuing an independent DER program or project that is not a Common Program or Project or a Directive Program or Project; provided that the Municipality (a) reasonably coordinates any independent programs or projects with the other Parties to this Agreement, and (b) complies with the applicable terms of its Amended Contract for the Supply of Electric Power and Energy with Platte River, dated October 30, 2025, as it may be amended or supplemented. Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 4 of 12 5. DER Advisory Committee. Platte River will appoint one person and each Municipality’s utility director will appoint one person (the “Designated Representatives”) to serve on a committee that will meet annually, and more often if necessary, to coordinate and collaborate on any programs or projects contemplated under this Agreement (the “DER Advisory Committee”). Changes in Designated Representatives must be promptly communicated in writing to the other Parties. The DER Advisory Committee may create working groups to focus on projects or programs that require a greater degree of collaboration among subject- matter experts from each of the Parties’ organizations. 6. Termination. A Municipality may terminate its participation in this Agreement upon 60 days’ written notice to the other Parties; provided, however, that Platte River will complete any work Platte River has started under a purchase order issued by the withdrawing Municipality predating the written notice of termination and the withdrawing Municipality will fully reimburse Platte River for the completed work. If a Municipality terminates its participation under this Agreement, the Agreement will remain in effect as to the other Parties. The Agreement may be terminated upon written agreement of all Parties. 7. Appropriation Required. The financial obligations of the Municipalities and Platte River under this Agreement are from year to year only and do not constitute a multiple-fiscal year debt or other financial obligation or fiscal obligation of any kind payable in any Fiscal Year beyond the Fiscal Year for which funds are so appropriated for the payment of current expenditures. 8. Notices. Any notice, demand, request, consent, approval, or communication that a Municipality or Platte River chooses or is required to give must be in writing and either served personally or sent by first class mail, postage prepaid, or email, to the appropriate Designated Representatives. Platte River’s Designated Representative will maintain an updated list of all Designated Representatives and will provide the list to any Municipality upon request. 9. Confidential Information. To the extent required by the Parties to perform the work contemplated under this Agreement, the Parties may disclose to each other and use Confidential Information” in accordance with the terms of this Section 9. Confidential Information includes Confidential System Information and Confidential Customer Information, as defined below. Each Party will maintain all Confidential Information disclosed by another Party in confidence and will make commercially reasonable efforts to protect all Confidential Information of other Parties from inadvertent or unauthorized disclosure, using at least the same degree of care it employs with respect to its own confidential information. Each Party represents that, subject to applicable law, it has adopted reasonable procedures and data security safeguards to protect Confidential Information (its own and that of others in its possession) from unauthorized disclosure a. Confidential System Information; Disclosure and Use by the Parties. Confidential System Information” is information about a Party’s electric system that the Party seeks to keep confidential and includes, but is not limited to, electric system operational data, utility metering data (including anonymized end-use data), electric network model data, or any other similar information the disclosing Party identifies as confidential. Each Party agrees to keep the other Parties’ Confidential System Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 5 of 12 Information confidential; provided that a Party’s Confidential System Information may be disclosed among and used by the other Parties in connection with implementation of Common Programs or Projects or Directive Programs or Projects. b. Confidential Customer Information; Disclosure and Use by the Parties. Confidential Customer Information” is information about a Party’s customers that the Party seeks to keep confidential and includes, but is not limited to, personally identifiable information (PII), non-anonymized energy consumption data, non- anonymized DER device data, and any other similar information the disclosing Party identifies as confidential. Each Party agrees to keep the other Parties’ Confidential Customer Information confidential; provided that a Party’s Confidential Customer Information may be disclosed among and used by the other Parties when such disclosure and use is necessary for implementation of Common Programs or Projects or Directive Programs or Projects and the Designated Representative of the Party to whom the Confidential Customer Information belongs consents in writing to the disclosure and use. c. Disclosure of Confidential Information to Non-Parties. Each Party agrees not to disclose any Party’s Confidential Information to non-Parties except as permitted by this Agreement or other agreements between the applicable Parties, or as required by law. d. Disclosure Required by Law. If a Party is required by law to disclose Confidential Information of another Party, it will notify that Party, along with such Party’s chief legal officer, before disclosure so that the Party may have an opportunity to take legal action to prevent the disclosure. The Parties acknowledge that all Parties are subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”) and that disclosure may be required by law under CORA. e. Return of Confidential Information upon Termination. Promptly following the termination of this Agreement and upon request by the terminating Party, any Party in receipt of the terminating Party’s Confidential Information will (a) destroy or return to the terminating Party all originals and copies of the terminating Party’s Confidential Information, (b) destroy all notes, abstracts, and other documents that contain the terminating Party’s Confidential Information, and (c) deliver to the terminating Party written certification, signed by the Designated Representative of the receiving Party, that it has done so. Nothing in this Agreement requires a receiving Party to identify, segregate, alter, or delete Confidential Information of another Party that may be held electronically in archive or backup systems in accordance with the receiving Party’s general systems archiving or backup policies. The receiving Party may also retain copies of the disclosing Party’s Confidential Information as necessary to comply with law. Any Confidential Information of a terminating Party retained by a receiving Party under this Section 9.e will remain subject to the receiving Party’s confidentiality obligations for so long as the Confidential Information remains in the receiving Party’s possession or control. Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 6 of 12 10. Third-Party Agreements. The Parties may determine that Common Programs or Projects or Directive Programs or Projects may benefit from the use of vendors or contractors to implement all or part of the programs or projects. Platte River will be responsible for engaging with vendors or contractors and negotiating the governing agreements to implement Common Programs or Projects or Directive Programs or Projects. The Parties agree that Confidential Information may be shared with third-party vendors or contractors by Platte River or by the applicable Municipality, provided that (a) the third party enters into a formal agreement with Platte River or the Municipality to maintain the confidentiality of the Confidential Information that is disclosed; (b) the third party has adopted procedures and data security safeguards no less stringent than the Parties have adopted under this Agreement to protect confidential information (the third party’s own and that of others in its possession) from unauthorized disclosure; (c) the applicable Party or Parties’ Designated Representatives approve in writing the release of their Confidential Information and any conditions associated with disclosure; (d) use of Confidential Information will be limited to that necessary for the vendor’s or contractor’s scope of work associated with the Common Program or Project or Directive Program or Project; and (e) the Parties and the third party comply with data restrictions contained in any applicable agreements between Platte River or a Municipality and other vendors or contractors. 11. Liability. Each of the Parties agrees to assume responsibility and liability associated with its own acts and the acts of its employees in the performance of this Agreement in accordance with Colorado law. By agreeing to this provision, neither Platte River nor any Municipality waives or intends to waive the limitations on liability provided to them under the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as amended, or other applicable law. 12. Entire Agreement. This Agreement contains the entire agreement of the Parties relating to the subject matter and may not be modified or amended except by written agreement of all Parties. 13. No Third-Party Beneficiaries. The Parties acknowledge and agree that this Agreement is intended to document the relative rights and obligations between the Parties to one another, and that no third-party beneficiaries are intended. 14. Governing Law and Venue. This Agreement will be governed by the laws of the State of Colorado, and venue for any legal action concerning this Agreement will be Larimer County, Colorado. 15. Authority. The Parties recognize the legal constraints imposed on them by the constitutions, statutes, and regulations of the state of Colorado and of the United States, and imposed on a Municipality by its Charter or Municipal Code, and the Parties intend to carry out the terms and conditions of this Agreement subject to these constraints. Nothing in this Agreement obligates any Party to take any action inconsistent with applicable law. This Agreement may be signed in separate counterparts, and the counterparts taken together will constitute the whole of this Agreement. Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 7 of 12 16. Superseded Agreements. This Agreement supersedes and replaces the following agreement, which is terminated: Intergovernmental Agreement for Demand Side Management and Distributed Energy Resource Program Partnership” between the Town of Estes Park, the City of Fort Collins, the City of Longmont, the City of Loveland, and Platte River Power Authority, dated January 9, 2020. Signed and authorized as of the date above by: Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 8 of 12 PLATTE RIVER POWER AUTHORITY ATTEST: By: By: General Manager/CEO Secretary Date APPROVED AS TO FORM: By: General Counsel Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 9 of 12 TOWN OF ESTES PARK, COLORADO ATTEST: By: By: Mayor Town Clerk APPROVED AS TO FORM: By: Town Attorney Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 10 of 12 CITY OF FORT COLLINS, COLORADO ATTEST: By: By: Mayor City Clerk APPROVED AS TO FORM: By: Assistant City Attorney Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 11 of 12 CITY OF LOVELAND, COLORADO ATTEST: By: By: City Manager City Clerk APPROVED AS TO FORM: By: Assistant City Attorney Intergovernmental Agreement for Distributed Energy Resource Programs and Projects Contract Number 26-130 Page 12 of 12 CITY OF LONGMONT, COLORADO ATTEST: By: By: Mayor City Clerk APPROVED AS TO FORM AND SUBSTANCE: By: Executive Director of Electric Services APPROVED AS TO FORM: By: Deputy City 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: Trevor Wittwer, PE, Town Engineer Department: Public Works Date: July 28, 2026 Subject: Resolution 86-26 Approval of Intergovernmental Agreements with Colorado Department of Transportation for NAAPME and MMOF Grant Funds for Moraine Avenue Multimodal Trail Design and Construction, 5,979,039.40, Budgeted Type: Resolution Objective: Public Works staff seek Town Board approval of two Intergovernmental Agreements IGA) for Nonattainment Area Air Pollution Mitigation Enterprise (NAAPME) and Multimodal Transportation and Mitigation Options (MMOF) funds with the Colorado Department of Transportation (CDOT) for the design and construction of the Moraine Avenue Multimodal Trail. Present Situation: The Town Board supported Public Works staff to submit for two separate CDOT grant applications which were awarded: Multimodal Transportation and Mitigation Options (MMOF) are state funds. Award amount: $300,000. Local cost share amount: $0 Nonattainment Area Air Pollution Mitigation Enterprise (NAAPME) are state funds. Award amount: $4,543,231.52. Local cost share amount: $1,135,807.88. The Moraine Avenue trail project is a high priority trail outlined in the Estes Valley Master Trails Plan. As such, Town staff have worked diligently to research grant opportunities and submit applications. This work will consist of multimodal trail construction along Moraine Avenue (US 36) starting at the current sidewalk terminus west of the roundabout at Crags Drive. The proposed construction will follow US 36 west for approximately 1.2 miles and end at the existing crossing location at Mary’s Lake Road. A secondary alignment that parallels the Big Thompson River is also being explored. Numerous public trail easements exist along the Big Thompson River in this area, but additional easements still need to be acquired to complete a “loop” trail segment back to Moraine Avenue or Riverside Drive. If some of the specific critical easement locations are not acquired, only the segment along Moraine Avenue will be constructed. Following execution of this IGA, the Town will solicit bids for a design consultant. The design phase is expected to take a full year to complete. The construction phase of the project is estimated to begin in late 2027 and estimated completion for this trail segment will be spring 2028. Proposal: Public Works staff recommend Town Board approval of the agreements with CDOT for the NAAPME and MMOF grants to design and construct the Moraine Avenue Multimodal Trail. Advantages: Town staff strategically applied for these CDOT funds for this specific trail segment because it is on their highway system (US 36) and because this is a particularly challenging area because of the proposed trail alignment to the road and riverbank. These funds support completing a trail that will connect historic downtown Estes Park with Rocky Mountain National Park (RMNP). This project supports the Estes Valley Master Trails Plan. This trail extension will provide added safety to residents and visitors that walk and bike this heavily trafficked stretch of Moraine Avenue (US 36). Disadvantages: As most grants, there is a required cost share; however, funds have been allocated for this project through the Open Space Funds. Construction activity will be disruptive, especially to motorists along Moraine Avenue; however, traffic control will be provided, and construction will primarily be conducted during the slower months. Action Recommended: Public Works staff respectfully request that the Board authorize execution of the proposed grant agreements with CDOT for the purpose of accepting the NAAPME and MMOF funds to complete design and construction of the Moraine Avenue Multimodal Trail. Finance/Resource Impact: The financial impact to the Town is as follows: NAAPME Grant (state funds): $4,543,231.52 NAAPME Grant (local match – budgeted): $1,135,807.88 MMOF Grant (state funds): $300,000.00 MMOF Grant (local match – budgeted): $0 Total Town Cost: $1,135,807.88 The Town’s local match has been identified in the Open Space Fund. Current Impact: 22004041-535600 Capital - Walkways & Bikeways, 1,135,807.88 expenditure. Future Ongoing Impacts: Future ongoing expenditures on the construction of this trail will consist of minimal maintenance items. Future One Time Impacts: This is not expected to significantly impact future one time costs. Level of Public Interest: Public interest on this project is moderate at this time but will likely increase as design progresses. Sample Motion: I move for the approval/denial of Resolution 86-26 Attachments: 1. Resolution 86-26 2. NAAPME IGA 3. MMOF IGA RESOLUTION 86-26 APPROVING INTERGOVERNMENTAL AGREEMENTS WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR GRANT FUNDS TO COMPLETE DESIGN AND CONSTRUCTION OF THE MORAINE AVENUE MULTIMODAL TRAIL WHEREAS, the Town Board desires to enter the intergovernmental agreements referenced in the title of this resolution for the purpose of accepting funding from the Nonattainment Area Air Pollution Mitigation Enterprise and the Multimodal Transportation and Mitigation Options Fund to complete the design and construction of the Moraine Avenue Multimodal Trail; and WHEREAS, the project will support the goals of the Statewide Transit Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreements referenced in the title of this resolution in substantially the form now before the Board. DATED this 28th day of July, 2026. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 1 of 27 State of Colorado Grant Agreement Cover Page State Enterprise Agreement Number Nonattainment Area Air Pollution Mitigation 26-HTD-XC-00110 Enterprise (NAAPME) Local Agency Agreement Performance Beginning Date Town of Estes Park [The Effective Date] Project# NAP SW03-850 (27221) Agreement Maximum Amount Agreement Expiration Date 5,679,039.40 March 19, 2031 Agreement Authority – Authority to enter into this Agreement exists in CRS §§43-4-1301, 43-4-1302, and 43-4-1303. Agreement Purpose The purpose of this Grant Agreement is to provide funding for eligible projects that reduce traffic, including demand management projects that encourage alternatives to driving alone or that directly reduce air pollution. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1.Exhibit A, Statement of Work. 2.Exhibit B, Sample Option Letter. 3.Exhibit C, Funding Provisions. 4.Exhibit D, PII Certification In the event of a conflict of inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1.Colorado Special Provisions in §16 of the main body of this Agreement. 2.The provisions of the other sections of the main body of this Agreement. 3.Exhibit A, Statement of Work. 4.Exhibit D, PII Certification 5.Exhibit B, Sample Option Letter. 6.Exhibit C, Funding Provisions. Principal Representatives For the State: Lexi Aagesen Nonattainment Area Air Pollution Mitigation Enterprise (NAAPME) 2829 W. Howard Place Denver, CO 80204 cdot_nonattainmententerprise@state.co.us For Local Agency: Trevor Wittmer Attachment 2 OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 2 of 27 Town of Estes Park PO Box 1200 Estes Park, CO 80517 twittwer@estes.org Signature Page The Parties hereto have executed this agreement Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. Local Agency 2nd Local Agency Signature Town of Estes Park Town of Estes Park By: Dan Kramer, Town Attorney By: Jackie Williamson, Town Clerk Date: ______________________ Date: _____________________ 3rd Local Agency Signature STATE OF COLORADO Town of Estes Park Jared S. Polis, Governor Nonattainment Area Air Pollution Mitigation Enterprise (NAAPME) By: Gary Hall, Mayor By: Darius Pakbaz, Director NAAPME Date:_______________________ Date: _______________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Nonattainment Area Air Pollution Mitigation Enterprise (NAAPME) Effective Date:______________ OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 3 of 27 Table of Contents Cover Page ....................................................................................................................... 1 Signature Page ................................................................................................................... 2 Table of Contents ............................................................................................................... 3 1.Term and Effective Date .................................................................................................. 3 2.Definitions ................................................................................................................... 5 3.Statement of Work ......................................................................................................... 8 4.Payments to Local Agency ................................................................................................ 8 5.Reporting - Notification .................................................................................................. 12 6.Local Agency Records ..................................................................................................... 13 7.Confidential Information – State Records ............................................................................. 14 8.Conflict of Interest ........................................................................................................ 16 9.Insurance ................................................................................................................... 16 10.Breach of Agreement ..................................................................................................... 19 11.Remedies ................................................................................................................... 19 12.Dispute Resolution ........................................................................................................ 21 13.Notices and Representatives ............................................................................................ 22 14.Rights in Work Product and Other Information ....................................................................... 22 15.General Provisions ........................................................................................................ 24 16.Colorado Special Provisions (Colorado Fiscal Rule 3-3) ............................................................. 26 Parties This Agreement is entered into by and between the Local Agency named on the Cover Page for this Agreement (the “Local Agency”), and the STATE OF COLORADO acting by and through the State Enterprise named on the Cover Page for this Agreement (the “State”). Local Agency and the State agree to the terms and conditions in this Agreement. 1.Term and Effective Date A.Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Agreement Expiration Date shown on the Signature and Cover Page for this OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 4 of 27 Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date and shall have no obligation to pay Local Agency for any Work performed or expense incurred before 1) the Effective Date, except as described in §4 .D, 2) before execution of an Encumbering Document for the respective phase and the official Notice to Proceed for the respective phase or 3) after the Agreement Expiration Date. If the Work will be performed in multiple phases, the period of performance start and end date of each phase is detailed under the Project Schedule in Exhibit C. B.Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C.Extension Terms - State’s Option The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the Initial Term for a period, or for successive periods, of five (5) years or less at the same rates and under the same terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option, the State shall provide written notice to Local Agency in a form substantially equivalent to Sample Option Letter attached to this Agreement. D.End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Local Agency as provided in §13, may unilaterally extend such Initial Term or Extension Term for a period not to exceed five (5) years (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. E.Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for breach by Local Agency, which shall be governed by 12.A.i. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 5 of 27 i. Method and Content The State shall notify Local Agency of such termination in accordance with §13. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii. Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Local Agency shall be subject to the rights and obligations set forth in §11.A.i.a. iii. Payments If the State terminates this Agreement in the public interest, the State shall pay Local Agency an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Local Agency for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Local Agency which are directly attributable to the uncompleted portion of Local Agency’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Local Agency hereunder. F. Local Agency’s Termination Under Federal Requirements if applicable Local Agency may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Local Agency shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 2. Definitions The following terms shall be construed and interpreted as follows: A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Local Agency, or the appointment of a receiver or similar officer for Local Agency 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 Local Agency is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 6 of 27 C. “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 listed in §24- 11-101(1), C.R.S. D. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. E. “Cost Sharing” means a portion of project costs not paid under this Subaward. This includes match which refers to required levels of cost share that must be provided (2 CFR 200.306). F. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature for this Agreement. G. “Encumbering Document” means a document that authorizes a formal obligation of funds, typically done through an “Option Letter” as set forth in §4.E. H. “End of Term Extension” means the time period defined in §1.D. I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page for this Agreement. J. “Extension Term” means the time period defined in §1.C. K. “Goods” means any movable material acquired, produced, or delivered by Local Agency as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Local Agency in connection with the Services. L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. M. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et seq. C.R.S. Incidents include, without limitation, (i) successful attempts to gain unauthorized access to a State system or State Records regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. N. “Initial Term” means the time period defined in §1.B. O. “Party” means the State or Local Agency, and “Parties” means both the State and Local Agency. P. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. “PII” shall also mean “personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 7 of 27 Q.“Recipient” means the State Enterprise shown on the Signature and Cover Page of this Agreement, for the purposes of this Federal and or State Award. R.“Services” means the services to be performed by Local Agency as set forth in this Agreement and shall include any services to be rendered by Local Agency in connection with the Goods. S.“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, 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 Local Agency which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Local Agency without restrictions at the time of its disclosure to Local Agency; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Local Agency to the State; (iv) is disclosed to Local Agency, 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. T.“State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. U.“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. V.“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. W.“Subcontractor” means third parties, if any, engaged by Local Agency to aid in performance of the Work. “Subcontractor” also includes sub-grantees of grant funds. X.“Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to the Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal award specifically indicate otherwise. Y.“Work” means the Goods delivered and Services performed pursuant to this Agreement. Z.“Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 8 of 27 Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 3. Statement of Work Local Agency shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Local Agency for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. A. Maintenance Obligations Local Agency shall maintain, repair, replace, and perform the Work constructed under this Agreement at its own cost and expense during the Work’s useful life, in a manner satisfactory to the State and FHWA. If the Work is on a State Highway, Local Agency is responsible for all maintenance, repairs and/or replacement in accordance with the Division of Authority pursuant to C.R.S. §43-2- 135. Local Agency shall make proper provisions for such maintenance, repair, and replacement obligations each year. Local Agency shall conduct such maintenance, repair, replacement, and operations in accordance with all applicable statutes, ordinances, and regulations pertaining to maintaining, repairing, and replacing such improvements. The State and FHWA may make periodic inspections to verify that such Work are being adequately maintained. B. Monitoring Obligations Local Agency shall respond in a timely manner to and participate fully in the monitoring activities described in §6.C. 4. Payments to Local Agency A. Maximum Amount Payments to Local Agency are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Local Agency any amount under this Agreement that exceeds the Agreement Maximum shown on the Cover Page of this Agreement. B. Payment Procedures i. Invoices and Payment a. The State shall pay Local Agency in the amounts and in accordance with the funding provisions set forth in Exhibit C. b. Local Agency shall initiate payment requests by invoice to the State, in a form and manner approved by the State. To be eligible for payment, invoices must be received within 60 days after the period for which payment is being requested and final billings on this Agreement must be received by the State within 60 days after the end of the agreement term. 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 Local Agency and OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 9 of 27 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 Local Agency shall make all changes necessary to correct that invoice. d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under this Agreement. ii. Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30- 202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Local Agency shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii. Payment Disputes If Local Agency disputes any calculation, determination or amount of any payment, Local Agency shall notify the State in writing of its dispute within 30 days following the earlier to occur of Local Agency’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 Local Agency and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Local Agency beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Local Agency shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 10 of 27 notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §1.E. C.Matching Funds Local Agency shall provide Matching Funds as provided in §4.A and Exhibit C. Local Agency’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Local Agency and paid into Local Agency’s treasury or bank account. Local Agency represents to the State that the amount designated “Local Agency’s Matching Funds” in Exhibit C has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Local Agency does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Local Agency. Local Agency shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Local Agency’s laws or policies. D.Reimbursement of Local Agency Costs Only with prior written approval, the State shall reimburse Local Agency’s allowable costs, not exceeding the maximum total amount described in Exhibit C and §4.A for all allowable costs described in this Grant and shown in the Funding Provisions, except that Local Agency may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Local Agency provides notice to the State of the change, the change does not modify the total maximum amount of this Agreement or the maximum amount, and the change does not modify any requirements of the Work. However, any costs incurred by Local Agency prior to the Effective Date shall not be reimbursed. Local Agency’s costs for Work performed after the Agreement Expiration Date shown on the Signature and Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if those costs are: i.Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and ii.Equal to the actual net cost to Local Agency (i.e. the price paid minus any items of value received by Local Agency that reduce the cost actually incurred). E.Unilateral Modification of Grant Funds Budget by State Option Letter The State may, at its sole discretion, issue an “Option Letter” to Local Agency to add or modify Work phases in the Work schedule in Exhibit C if such modifications do not increase total budgeted Grant Funds. Such Option Letters shall amend and update Exhibit C, Sections 1, 2 and/or 4 of the Table, and sub-sections B and C of Exhibit C. Option Letters shall not be deemed valid until signed by the State Controller or an authorized delegate. This Option Letter is NOT a Notice to Proceed. Modification of Exhibit C by unilateral Option Letter is permitted only in the specific scenarios listed below in §4.E.i, OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 11 of 27 ii, iii, and iv. The State will exercise such options by providing Local Agency a fully executed Option Letter, in a form substantially equivalent to Exhibit B. Such Option Letters will be incorporated into this Agreement. i. Option to Begin a Phase and/or Increase or Decrease the Encumbrance Amount The State may require by Option Letter that Local Agency begin a new Work phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals and/or Miscellaneous Work (but may not include Right of Way Acquisition/Relocation or Railroads) as detailed in Exhibit A. Such Option Letters may not modify the other terms and conditions stated in this Agreement and must decrease the amount budgeted and encumbered for one (1) or more other Work phases so that the total amount of budgeted Grant Funds remains the same. The State may also change the funding sources if the amount budgeted remains the same and the Local Agency contribution does not increase. The State may also issue an Option Letter to increase and/or decrease the total encumbrance amount of one (1) or more existing Work phases, Right of Way Acquisition/Relocation, or Railroads, as long as the total amount of budgeted Grant Funds remains the same, replacing the original Agreement Funding Exhibit C with an amended Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). This must be done within 120 days of changing the encumbrance amount. ii. Option to Transfer Funds from One Phase to Another Phase. The State may require or permit Local Agency to transfer Grant Funds from one (1) Work phase Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another phase as a result of changes to State, Federal, and local match funding. In such case, the original funding exhibit (Exhibit C will be replaced with an amended Exhibit C-1 with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The Grant Funds transferred from one (1) Work phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted Grant Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. iii. Option to Exercise Options i and ii. The State may require Local Agency to add a Work phase as detailed in Exhibit A and encumber and transfer Grant Funds from one (1) Work phase to another. The original funding (Exhibit C in the original Agreement will be replaced with an amended Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.) attached to the Option Letter. The addition of a Work phase and encumbrance and transfer of Grant Funds are subject to the same terms and conditions OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 12 of 27 stated in the original Agreement with the total budgeted Grant Funds remaining the same. The State may unilaterally exercise this option by providing a fully executed Option Letter to Local Agency within 30 days before the initial targeted start date of the Work phase, in a form substantially equivalent to Exhibit B. iv.Option to Extend Agreement/Phase Term. The State, at its sole discretion, shall have the option to extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. Any amended version of Exhibit C shall be attached to any executed Option Letter as Exhibit C-1 with subsequent exhibits labeled C-2, C-3, etc.). To exercise this option, the State shall provide written notice to the Local Agency in a form substantially equivalent to Exhibit B. F. Close-Out Local Agency shall close out this Award within 45 days after the Agreement Expiration Date shown on the Signature and Cover Page for this Agreement. To complete close-out, Local Agency shall submit to the State all deliverables (including documentation) as defined in this Agreement and Local Agency’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within one year and 90 days after the Agreement Expiration Date shown on the Signature and Cover Page for this Agreement due to Local Agency’s failure to submit required documentation, then Local Agency may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 5.Reporting - Notification A.Quarterly Reports In addition to any reports required pursuant to the Grant terms or pursuant to any other Exhibit, for any Agreement having a term longer than three (3) months, Local Agency shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than five (5) Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B.Litigation Reporting If Local Agency is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Local Agency’s ability to perform its obligations under this Agreement, Local Agency shall, within ten days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal Representative identified on the Cover Page for this Agreement. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 13 of 27 C.Performance and Final Status Local Agency shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Local Agency’s performance and the final status of Local Agency’s obligations hereunder. D.Violations Reporting Local Agency shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The State may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 6.Local Agency Records A.Maintenance Local Agency shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Local Agency shall maintain such records for a period (the “Record Retention Period”) of three (3) years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by the State. A cognizant agency for audit, oversight or indirect costs, and the State, may notify Local Agency in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three (3) years following final disposition of such property. B.Inspection Local Agency shall permit the State, the federal government, and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Local Agency Records during the Record Retention Period. Local Agency shall make Local Agency Records available during normal business hours at Local Agency’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C.Monitoring The State will monitor Local Agency’s performance of its obligations under this Agreement using procedures as determined by the State. The federal government and any other duly authorized agent of OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 14 of 27 a governmental agency, in its discretion, may monitor Local Agency’s performance of its obligations under this Agreement using procedures as determined by that governmental entity. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Local Agency’s performance in a manner that does not unduly interfere with Local Agency’s performance of the Work. D.Final Audit Report Local Agency shall promptly submit to the State a copy of any final audit report of an audit performed on Local Agency’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Local Agency or a third party 7.Confidential Information – State Records A.Confidentiality Local Agency shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Local Agency shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Local Agency 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. Local Agency shall immediately forward any request or demand for State Records to the State’s Principal Representative. B.Other Entity Access and Nondisclosure Agreements Local Agency may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Local Agency shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Local Agency shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C.Use, Security, and Retention Local Agency shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Local Agency shall provide the State with access, subject to Local Agency’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Local Agency shall OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 15 of 27 return State Records provided to Local Agency or destroy such State Records and certify to the State that it has done so, as directed by the State. If Local Agency is prevented by law or regulation from returning or destroying State Confidential Information, Local Agency warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Local Agency becomes aware of any Incident, it 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 Local Agency can establish that none of Local Agency or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Local Agency shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Local Agency 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 Local Agency shall make all modifications as directed by the State. If Local Agency cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Local Agency shall reimburse the State for the reasonable costs thereof. E. Safeguarding PII If Local Agency or any of its Subcontractors will or may receive PII under this Agreement, Local Agency 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. Local Agency 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., Local Agency, including, but not limited to, Local Agency’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 Local Agency is given direct access to any State databases containing PII, Local Agency shall execute, on behalf of itself and its employees, the certification attached hereto as Exhibit D on an annual basis Local Agency’s duty and obligation to certify as set forth in Exhibit D shall continue as long as Local Agency has direct access to any State databases containing PII. If Local Agency uses any Subcontractors to perform services requiring direct access to State databases containing PII, the Local Agency shall require such Subcontractors to execute and deliver the certification to the State on an annual basis, so long as the Subcontractor has access to State databases containing PII. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 16 of 27 8. Conflict of Interest A. Actual Conflicts of Interest Local Agency shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Local Agency under this Agreement. Such a conflict of interest would arise when a Local Agency or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. B. Apparent Conflicts of Interest Local Agency acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Local Agency shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Local Agency’s obligations under this Agreement. C. Disclosure to the State If a conflict or the appearance of a conflict arises, or if Local Agency is uncertain whether a conflict or the appearance of a conflict has arisen, Local Agency shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. D. Local Agency acknowledges that all State employees are subject to the ethical principles described in §24-18-105, C.R.S. Local Agency further acknowledges that State employees may be subject to the requirements of §24-18-105, C.R.S. with regard to this Agreement. 9. Insurance Local Agency shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A. Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Local Agency or Subcontractor employees acting within the course and scope of their employment. B. General Liability OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 17 of 27 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 (1) fire. C. Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. D. 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. 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. 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 Local Agency and Subcontractors. H. Primacy of Coverage OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 18 of 27 Coverage required of Local Agency and each Subcontractor shall be primary and noncontributory over any insurance or self-insurance program carried by Local Agency or the State. I. Cancellation All commercial 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 Local Agency and Local Agency shall forward such notice to the State in accordance with §13 within seven days of Local Agency’s receipt of such notice. J. Subrogation Waiver All commercial insurance policies secured or maintained by Local Agency or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Local Agency or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. K. Public Entities If Local Agency is a “public entity” within the meaning of the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S. (the “GIA”), Local Agency shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Local Agency shall ensure that the Subcontractor maintain at all times during the terms of this Local Agency, 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. L. Certificates For each commercial insurance plan provided by Local Agency under this Agreement, Local Agency shall provide to the State certificates evidencing Local Agency’s insurance coverage required in this Agreement within seven Business Days following the Effective Date. Local Agency shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Agreement within seven Business Days following the Effective Date, except that, if Local Agency’s subcontract is not in effect as of the Effective Date, Local Agency shall provide to the State certificates showing Subcontractor insurance coverage required under this Agreement within seven Business Days following Local Agency’s execution of the subcontract. No later than 15 days before the expiration date of Local Agency’s or any Subcontractor’s coverage, Local Agency shall deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the term of this Agreement, upon request by the State, Local Agency 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. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 19 of 27 10.Breach of Agreement In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §11 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Local Agency is debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 11.Remedies A.State’s Remedies If Local Agency is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §10, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i.Termination for Breach In the event of Local Agency’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Local Agency shall continue performance of this Agreement to the extent not terminated, if any. a.Obligations and Rights To the extent specified in any termination notice, Local Agency 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, Local Agency shall complete and deliver to the State all Work not cancelled by the termination notice and may incur obligations as necessary to do so within this Agreement’s terms. At the request of the State, Local Agency shall assign to the State all of Local Agency’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Local Agency shall take timely, reasonable and necessary action to protect and preserve property in the possession of Local Agency but in which the State has an interest. At the State’s request, Local Agency shall return materials owned by the State in Local Agency’s possession at the time of any termination. Local Agency shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b.Payments OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 20 of 27 Notwithstanding anything to the contrary, the State shall only pay Local Agency for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Local Agency was not in breach or that Local Agency’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §1.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Local Agency shall remain liable to the State for any damages sustained by the State in connection with any breach by Local Agency, and the State may withhold payment to Local Agency for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Local Agency is determined. The State may withhold any amount that may be due Local Agency as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii. Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Suspend Local Agency’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Local Agency to an adjustment in price or cost or an adjustment in the performance schedule. Local Agency 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 Local Agency after the suspension of performance. b. Withhold Payment Withhold payment to Local Agency until Local Agency corrects its Work. c. Deny Payment Deny payment for Work not performed, or that due to Local Agency’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d. Removal OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 21 of 27 Demand immediate removal of any of Local Agency’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e.Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Local Agency shall, as approved by the State (i) secure that right to use such Work for the State and Local Agency; (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. f.Collection of Unallowable Costs (2 CFR 200.410) Payments made for costs determined to be unallowable by either the awarding Federal or State Enterprise, cognizant agency for indirect costs, or pass-through entity must be refunded with interest to the Federal Government. Unless directed by Federal and/or State statute or regulation, repayments must be made in accordance with the instructions provided by the Federal agency or pass-through entity that made the allowability determination. See §§ 200.300 through 200.309, and §200.346. B.Local Agency’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Local Agency, following the notice and cure period in §10 and the dispute resolution process in §12 shall have all remedies available at law and equity. 12.Dispute Resolution A.Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Local Agency for resolution. B.Question of Fact Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the Chief Engineer of the CDOT. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of CDOT. In connection OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 22 of 27 with any appeal proceeding under this clause, Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Local Agency shall proceed diligently with the performance of this Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or their duly authorized representative for the determination of such appeals shall be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 13. Notices and Representatives Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 14. Rights in Work Product and Other Information A. Work Product i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Local Agency 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 Local Agency cannot make any of the assignments required by this section, Local Agency 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 OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 23 of 27 and all works based upon, derived from, or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. ii. Patents In addition, Local Agency 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 Local Agency that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. iii. Assignments and Assistance Whether or not Local Agency is under contract with the State at the time, Local Agency 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. The Parties intend the Work Product to be works made for hire. Local Agency 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 Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be the exclusive property of the State collectively, “State Materials”). Local Agency shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Local Agency’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Local Agency 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 Local Agency Local Agency retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Local Agency 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 Local Agency under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Local Agency Property”). Local Agency Property shall be licensed to the State as set forth in this Agreement or a State approved license agreement: (i) OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 24 of 27 entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 15. General Provisions A. Assignment Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. D. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. E. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. F. Statutes, Regulations, Fiscal Rules, and Other Authority OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 25 of 27 Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. G. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. H. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. Specifically, but not limited to §3 Maintenance Obligations. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §15.A, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Compliance with State Law and Regulations Local Agency shall comply with all State law, regulations, State Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Grant. L. Accessibility i. Local Agency shall comply with the Accessibility Standards for Individuals with a Disability, as adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. ii. The State may require Local Agency’s compliance with the Accessibility Standards for Individuals with a Disability adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. is determined and tested by a qualified third party selected by the State. The State may ask the Local Agency to review the selection of the third party. Local Agency shall be responsible for all costs associated with the third-party vendor’s assessment. If Local Agency is not in compliance as OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 26 of 27 determined by the third-party vendor, at the State’s request and at the State’s direction, Local Agency shall promptly take all necessary actions to come into compliance using a State-approved vendor, at no additional cost to the State. 16. Colorado Special Provisions (Colorado Fiscal Rule 3-3) These Special Provisions apply to all agreements. Contract refers to Agreement. A. Statutory Approvals. §24-30-202(1), C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5- 102(19), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. Fund Availability. §24-30-202(5.5), C.R.S., applicable Local Agency law, rule or regulation Financial obligations of the Parties payable after the current State Fiscal Year or 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 Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. Independent Contractor. Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither Local Agency nor any agent or employee of Local Agency shall be deemed to be an agent or employee of the State. Local Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Local Agency or any of its agents or employees. Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Local Agency 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. OLA #: 331003822 Routing #: 26-HTD-XC-00110 LA.GRT 04.29.26 Page 27 of 27 E.Compliance with Law. Local Agency shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F.Choice of Law, Jurisdiction, and Venue. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G.Prohibited Terms. Any term included in this Agreement that requires the State to indemnify or hold Local Agency harmless; requires the State to agree to binding arbitration; limits Local Agency’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109, C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H.Software Piracy Provisions. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.Employee Financial Interest/Conflict of Interest §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Local Agency Grantee’s services and Local Agency Grantee shall not employ any person having such known interests. Exhibit A - Page 1 of 1 EXHIBIT A SCOPE OF WORK Name of Project: Estes Park Moraine Avenue Trail Project Number: NAP SW03-851 Subaccount #: 27221 The Town of Estes Park will design and construct the Moraine Avenue Trail (hereinafter referred to as “this work”). NAAPME and the Town of Estes Park believe it will be beneficial to perform this work along US Highway 36 (036A) from Mary’s Lake Road to Davis Street as the trail will create a dedicated, ADA-compliant, off-highway path that seamlessly connects residential areas, businesses, and downtown Estes Park to key destinations, including Rocky Mountain National Park. This continuous multi-modal network will significantly enhance safety and accessibility for residents and visitors, effectively reducing traffic congestion and vehicle reliance while promoting regional sustainability goals by lowering pollution and integrating with the existing public transit system. Any financial obligations beyond the matching funds of the Local Agency under this Agreement are subject to appropriation, budgeting, and availability of specific funds to satisfy such obligations. By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts the continuing responsibility for the safety of the traveling public after initial acceptance of the project. Local Agency is responsible for maintaining and operating the scope of work described in this Exhibit A constructed under this Agreement at its own cost and expense during its useful life. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Exhibit B - Page 1 of 2 EXHIBIT B SAMPLE IGA OPTION LETTER Date State Fiscal Year Option Letter No. Project Code Original Agreement # Vendor Name: Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). Option to unilaterally transfer funds from one phase to another phase. Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and to unilaterally transfer funds from one phase to another phase. Option to unilaterally extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify OMB Guidance. Option A In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to authorize the Local Agency to add a phase and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option B In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to transfer funds based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option C In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from phases based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Exhibit B - Page 2 of 2 Option D In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. This is made part of the original Agreement and replaces the Expiration Date shown on the Signature and Cover Page. Any updated version of Exhibit C shall be attached to any executed Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). The effective date of this option letter is upon approval of the State Controller or delegate. STATE OF COLORADO Jared S. Polis Department of Transportation By: Keith Stefanik, P.E., Chief Engineer For) Shoshana M. Lew, Executive Director Date: ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: State $ LA Work Exhibit C - Page 1 of 2 EXHIBIT C - FUNDING PROVISIONS Town of Estes Park - Project # NAP SW03-850 (27221) A. Cost of Work Estimate The Local Agency has estimated the total cost of the Work to be $5,679,039.40, which is to be funded as follows: 1. a. State Funds 80% of NAAPME of Award) $4,543,231.52 b. Local Agency Funds 20% of NAAPME Award) $1,135,807.88 TOTAL BUDGETED FUNDS $5,679,039.40 ______________________________________________________________________ 2. ESTIMATED PAYMENT TO LOCAL AGENCY a. State Funds Budgeted $4,543,231.52 ______________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 80% $4,543,231.52 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 20% $1,135,807.88 TOTAL PROJECT ESTIMATED FUNDING 100.00% $5,679,039.40 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount Only State funds are encumbered) $4,543,231.52 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $4,543,231.52 Note: No funds are currently available. Design and Construction funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. Design 3020 WBS Element 27221.10.30 Performance Start*/End Date $0.00 N/A Const. 3301 WBS Element 27221.20.10 Performance Period Start*/End Date $0.00 N/A The Local Agency should not begin work until both of the following are in place: 1) the execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be reimbursable. B. Funding Ratio The funding ratio for the State funds for this Work is 80% State funds to 20% Local Agency funds, and this ratio applies only to the $5,679,039.40 that is eligible for State funds. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $5,679,039.40, and additional State funds are not available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $5,679,039.40, then the amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described herein. Exhibit C - Page 2 of 2 This applies to the entire statement of Work. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be 4,543,231.52. For State accounting purposes, the State funds of $4,543,231.52 will be encumbered, but the Local Agency funds of $1,135,807.88 will NOT be encumbered. The total budget of this project is $5,679,039.40, unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost of the Work is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. This applies to the entire statement of Work. Exhibit D PII Certification Exhibit D-Page 1 of 2 STATE OF COLORADO THIRD PARTY INDIVIDUAL CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK 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. Signature: __________________________ Printed Name: __________________________ Date: ___________ LA.GRT 02.04.26 Exhibit D-Page 2 of 2 STATE OF COLORADO THIRD PARTY ENTITY / ORGANIZATION CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK 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. Signature: __________________________ Printed Name: __________________________ Title: __________________________ Date: ___________ LA.GRT 02.04.26 Document Builder Generated Page 1 of 11 State $ LA WRK REGION: 4 PROJECT: MTF M405-029 (27018) MORAINE AVE. MULTI-MODAL TRAIL JLW CONTRACT THIS CONTRACT made this ___ day of ________________ 20___, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State and TOWN OF ESTES PARK hereinafter referred to as the “Contractor” or the “Local Agency.” RECITALS 1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Total Contract Amount: $5,979,039.40. (Contract Encumbrance Amount: $300,000.00) 2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3.Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4.Local Agency anticipates a project for MORAINE AVE. MULTI-MODAL TRAIL and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that before the Work begins, the Local Agency must receive an official written “Notice to Proceed” prior to commencing any part of the Work. The Local Agency further understands, before the Work begins, the form #463 may be revised as a result of design changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. 5.The Local Agency has requested that State funds be made available for project MTF M405-029 (27018), MORAINE AVE. MULTI-MODAL TRAIL, referred to as the “Project” or the “Work.” Such Work will be performed in ESTES PARK, COLORADO, specifically described in Exhibit A. 6.The State has funds available and desires to provide 5% of the funding for the work. Local Agency will provide the other 95%. State funds may be awarded pursuant to Multimodal Transportation Options Funding (“MMOF”). MMOF means money transferred from the general fund to the fund pursuant to C.R.S. §§24-75-219 (5)(a)(III) and (5)(b)(III) and any other money that the general assembly may appropriate or transfer to the fund. These funds are subject to an expiration date. 7.The Local Agency desires to comply with all state and other applicable requirements, including the State's general administration of the project through this contract, in order to obtain state funds for the project. 8.The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 9.This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 10.The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all of the Work. 11.The Local Agency can more advantageously perform the Work. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of the design and construction of the MORAINE AVE. MULTI-MODAL TRAIL project, in ESTES PARK, COLORADO, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: OLA #: 331003863 Routing #: 26-HA4-XC-00141 Attachment 3 OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 2 of 11 1.Special Provisions contained in Section 26 of this contract 2.This Contract 3.Exhibit F (General Provisions) 4.Exhibit A (Scope of Work) 5.Exhibit B (Local Agency Resolution) 6.Exhibit C (Funding Provisions) 7.Exhibit D (Option Letter) 8.Exhibit E (CDOT Form 1243) Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. It shall terminate on MAY 27, 2036, or sooner if any of the State’s funding expires, or is sooner terminated or unless performance is extended in accordance with this Contract. Section 4. Project Funding Provisions A.The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B.The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. C. Funding will be detailed in Exhibit C of the funding provisions. Section 5. Project Payment Provisions A.The State will reimburse the Local Agency for incurred costs relative to the project following the State’s review and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged by the Local Agency to the project, and will not be reimbursed by the State. B.The State will reimburse the Local Agency’s reasonable, allocable, allowable costs of Performance of the Work, not exceeding the maximum total amount described in Exhibit C. The applicable principles described in 49 C.F.R. 18 Subpart C and 49 C.F.R. 18.22 shall govern the allowability and allocability of costs under this contract. The Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency shall be: 1.In accordance with the provisions of Section 5 and with the terms and conditions of this contract; 2.Necessary for the accomplishment of the Work; 3.Reasonable in the amount for the goods and services provided; 4.Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value received by the Local Agency that have the effect of reducing the cost actually incurred); 5.Incurred for Work performed after the effective date of this contract; 6.Satisfactorily documented. C.The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract and project objectives. 1.All allowable costs charged to the project, including any approved services contributed by the Local Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in detail the nature of the charges. 2.Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against the project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 3 of 11 D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the project. The Local Agency’s invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State’s standard policies, procedures and standardized billing format to be supplied by the State. If the project is funded by MMOF, then billing for all work must be submitted 30 days prior to end of State fiscal year. The State fiscal year ends June 30th. MMOF projects must submit final billing for all work 30 days prior to the end of the State fiscal year that funds expire. If MMOF are used, and the State knows that the funds will expire, the State shall promptly notify Local Agency of the expiration date. The State will promptly notify the Local Agency if that expiration date changes. F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being requested and final billings on this contract must be received by the State within 60 days after the end of the contract term. 1. Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services. The liability of the State, at any time, for such payments shall be limited to the amount remaining of such encumbered funds. 2. In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion of the State until completion of final audit. 3. Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from the Local Agency by deduction from subsequent payment under this contract or other contracts between the State and Local Agency, or by the State as a debt due to the State. 4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State’s election. Section 6. Option Letter Modification An option letter may be used to authorize the Local Agency to begin a phase without increasing total budgeted funds, increase or decrease the encumbrance amount as shown on Exhibit C, and/or transfer funds from one phase to another. Option letter modification is limited to the specific scenarios listed below. The option letter shall not be deemed valid until signed by the State Controller or an authorized delegate. A. Option to begin a phase and/or increase or decrease the encumbrance amount. The State may authorize the Local Agency to begin a phase that may include Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at the same terms and conditions stated in the original Agreement, with the total budgeted funds as shown on Exhibit C remaining the same. The State may increase or decrease the encumbrance amount for a particular phase by replacing the original funding exhibit (Exhibit C) in the original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.). The State may exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exercises this option, the Agreement will be considered to include this option provision. B. Option to transfer funds from one phase to another phase. OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 4 of 11 The State may permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, ROW Incidentals or Miscellaneous) to another as a result of changes to state, federal, and local match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C- 1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The funds transferred from one phase to another are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. C.Option to do both Options A and B. The State may authorize the Local Agency to begin a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. The original funding exhibit (Exhibit C) in the original Agreement will be replaced with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be labeled C-2, C-3, etc.) and attached to the option letter. The addition of a phase and encumbrance and transfer of funds are subject to the same terms and conditions stated in the original Agreement with the total budgeted funds remaining the same. The State may unilaterally exercise this option by providing a fully executed option to the Local Agency within thirty (30) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. Section 7. State and Local Agency Commitments The Scope of Work in Exhibit A describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The “Responsible Party” referred to in this contract means the Responsible Party as identified in the Scope of Work in Exhibit A. A.Design [if applicable] 1.If the Work includes preliminary design or final design (the “Construction Plans”), or design work sheets, or special provisions and estimates (collectively referred to as the “Plans”), the responsible party shall comply with the following requirements, as applicable: a.perform or provide the Plans, to the extent required by the nature of the Work. b.prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c.prepare special provisions and estimates in accord with the State’s Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Local Agency specifications if approved by CDOT. d.include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e.stamp the Plans produced by a Colorado Registered Professional Engineer. f.provide final assembly of Plans and contract documents. g.be responsible for the Plans being accurate and complete. h.make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. 2.If the Local Agency is the responsible party: a.The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA), and applicable federal regulations and standards as contained in the document “ADA Accessibility Requirements in CDOT Transportation Projects”. b.It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with State requirements. c.It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be done by a consultant, that consultant contract (and the performance/provision of the Plans under the contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State. If the Local Agency does enter into a contract with a consultant for the Work: 1)it shall submit a certification that procurement of any design consultant contract complied with the requirements of 23 CFR 172.5(1) prior to entering into contract. The State shall either approve or deny such procurement. If denied, the Local Agency may not enter into the contract. OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 5 of 11 2) it shall ensure that all changes in the consultant contract have prior approval by the State. Such changes in the contract shall be by written supplement agreement. As soon as the contract with the consultant has been awarded by the Local Agency, one copy of the executed contract shall be submitted to the State. Any amendments to such contract shall also be submitted. 3) it shall require that all consultant billings under that contract shall comply with the State’s standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. 4) it (or its consultant) shall use the CDOT procedures described in Exhibit A to administer that design consultant subcontract, to comply with 23 CFR 172.5(b). 5) it may expedite any CDOT approval of its procurement process and/or consultant contract by submitting a letter to CDOT from the certifying Local Agency’s attorney/authorized representative certifying compliance with 23 CFR 172.5(b). 6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18.36(i) and contains the following language verbatim: a) “The design work under this contract shall be compatible with the requirements of the contract between the Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third party beneficiary of this contract for that purpose.” b) “Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project.” c) “The consultant shall review the construction contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work.” d) The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Local Agency to make changes therein that the State determines are necessary to assure compliance with State requirements. B. Construction [if applicable] 1. If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Scope of Work in Exhibit A. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements as described in the Scope of Work in Exhibit A. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. If the Local Agency is the responsible party: a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by the State. 1) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declare the acceptance or rejection within 3 working days after said bids are publicly opened. 2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. This paragraph also applies to projects advertised and awarded by the State. OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 6 of 11 c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force account), rather than by a competitive bidding process, the Local Agency will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. 1) Such work will normally be based upon estimated quantities and firm unit prices agreed to between the Local Agency and the Stat in advance of the Work, as provided for in 23 CFR 635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. 2) An alternative to the above is that the Local Agency may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. 3) Rental rates for publicly owned equipment will be determined in accordance with the State’s Standard Specifications for Road and Bridge Construction § 109.04. 4) All force account work shall have prior approval of the State and shall not be initiated until the State has issued a written notice to proceed. C. State’s obligations 1. The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form. 2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Local Agency as identified in the Scope of Work in Exhibit A, within the Work of this contract. Section 8. ROW Acquisition and Relocation If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify in writing to the State that all right of way has been acquired in accordance with the applicable state and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations, including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (P.L. 91-646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs as amended (49 CFR Part 24); CDOT’s Right of Way Manual; and CDOT’s Policy and Procedural Directives. Allocation of Responsibilities are as follows: Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way – 3114 charges); Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses (3114 charges); or No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency’s and the State’s responsibilities for each option is specifically set forth in CDOT’s Right of Way Manual. The manual is located at http://www.dot.state.co.us/ROW_Manual/. If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency shall immediately convey title to such right of way to CDOT after the local agency obtains title. Section 9. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing to the State that all such clearances have been obtained. Section 10. Railroads In the event the Project involves modification of a railroad company’s facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 7 of 11 A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. B. Obtaining the railroad’s detailed estimate of the cost of the Work. C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Section 11. Environmental Obligations The Local Agency shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 12. Maintenance Obligations The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the State. The Local Agency will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the Local Agency’s obligations to maintain such improvements. The State will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 13. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit the project records. Section 14. Termination Provisions This contract may be terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this contract. Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency’s action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid, reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 8 of 11 purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon availability of such funds to the State. In the event that such funds or any part thereof are not available to the State, the State may immediately terminate or amend this contract. Section 15. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 16. Representatives and Notice Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. If to State If to the Local Agency CDOT Region: 4 Town of Estes Park Armando Ochoa Trevor Wittwer Project Manager Project Manager 10601 10th St. 170 MacGregor Ave. Greeley, CO 80634 Estes Park, CO 80517 970-652-1668 970-577-3724 Section 17. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 18. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 19. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, 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, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 20. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 21. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 9 of 11 Section 22. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 23. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 24. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 26. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3). These Special Provisions apply to all Agreements. A. STATUTORY APPROVAL. §24-30-202(1) C.R.S. This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(19), C.R.S., then this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5) C.R.S., applicable Local Agency law, rule or regulation Financial obligations of the Parties payable after the current State Fiscal Year or 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 Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S..; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Page 10 of 11 D. INDEPENDENT CONTRACTOR Local Agency shall perform its duties hereunder as an independent contractor and not as an employee. Neither Local Agency nor any agent or employee of Local Agency shall be deemed to be an agent or employee of the State. Local Agency shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Local Agency and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Local Agency or any of its agents or employees. Local Agency shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Agreement. Local Agency 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. Local Agency shall comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Agreement that requires the Parties to indemnify or hold the Parties harmless; requires the Parties to agree to binding arbitration; limits Parties’ liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109 C.R.S. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of Federal copyright laws or applicable licensing restrictions. Local Agency hereby certifies and warrants that, during the term of this Agreement and any extensions, Local Agency has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Local Agency is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with Federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507 C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Agreement. Local Agency has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Local Agency’s services and Local Agency shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK OLA #: 331003863 Routing #: 26-HA4-XC-00141 Document Builder Generated Rev. 04/08/2020 Page 11 of 11 Section 27. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Persons signing for the Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY TOWN OF ESTES PARK Name: ______________________________________ print name) Title: _______________________________________ print title) Signature Date: _______________________________________ SECOND LOCAL AGENCY SIGNATURE IF NEEDED TOWN OF ESTES PARK Name: ______________________________________ print name) Title: _______________________________________ print title) Signature Date: _______________________________________ THIRD LOCAL AGENCY SIGNATURE IF NEEDED TOWN OF ESTES PARK Name: ______________________________________ print name) Title: _______________________________________ print title) Signature Date: _______________________________________ STATE OF COLORADO Jared S. Polis Department of Transportation By__________________________________________ Keith Stenaik, P.E., Chief Engineer For) Shoshana M. Lew, Executive Director Date: ______________________________________ ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date: ______________________________________ Exhibit A - Page 1 of 1 EXHIBIT A SCOPE OF WORK Name of Project: Moraine Ave Multi-Modal Trail Project Number: MTF M405-029 SubAccount #: 27018 The Colorado Department of Transportation (“CDOT”) will oversee the Town of Estes when the Town of Estes designs and constructs the Moraine Ave Multi-Modal Trail (Hereinafter referred to as “this work”). CDOT and the Town of Estes believe it will be beneficial to perform this work along US Highway 36 (036A) from Mary’s Lake Road to Davis Street as the trail will create a dedicated, ADA-compliant, off-highway path that seamlessly connects residential areas, businesses, and downtown Estes Park to key destinations, including Rocky Mountain National Park. This continuous multi-modal network will significantly enhance safety and accessibility for residents and visitors, effectively reducing traffic congestion and vehicle reliance while promoting regional sustainability goals by lowering pollution and integrating with the existing public transit system. Any financial obligations beyond the matching funds of the Local Agency under this Agreement are subject to appropriation, budgeting, and availability of specific funds to satisfy such obligations. The design will be completed in accordance with AASHTO design standards, the Americans with Disabilities Act, and all applicable state, federal and local rules and regulations. The design phase of the work will begin in 2026 and will identify more exact requirements, qualities, and attributes for this work (Herein after referred to as “the exact work”). The exact work shall be used to complete the construction phase of the project. The construction phase of the contract is anticipated to begin in 2028. If this project is funded with Multimodal Transportation & Mitigation Options Funding (MMOF) these funding expenditures must be invoiced by June 1st of the year they expire. By accepting funds for this Scope of Work, Local Agency acknowledges, understands, and accepts the continuing responsibility for the safety of the traveling public after initial acceptance of the project. Local Agency is responsible for maintaining and operating the scope of work described in this Exhibit A constructed under this Agreement at its own cost and expense during its useful life. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK EXHIBIT B LOCAL AGENCY RESOLUTION (IF APPLICABLE) Exhibit B - Page 1 of 1 State $ LA Work Exhibit C - Page 1 of 2 EXHIBIT C - FUNDING PROVISIONS Town of Estes Park – MTF M405-029 (27018) A. Cost of Work Estimate The Local Agency has estimated the total cost of the Work to be $5,979,039.40, which is to be funded as follows: 1. a. State Funds ( 100% of MMOF Award) $300,000.00 b. Local Agency Funds ( 100% of NAAPME Award) $5,679,039.40 ______________________________________________________________________ TOTAL BUDGETED FUNDS $5,979,039.40 ______________________________________________________________________ 2. ESTIMATED PAYMENT TO LOCAL AGENCY a. State Funds Budgeted $300,000.00 ______________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 5% $300,000.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 95% $5,679,039.40 TOTAL PROJECT ESTIMATED FUNDING 100.00% $5,979,039.40 ______________________________________________________________________ 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount ( Only State funds are encumbered) $300,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ______________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $300,000.00 ______________________________________________________________________ Note: No funds are currently available. Design and Construction funds will become available after execution of an Option letter (Exhibit D) or formal Amendment. Design 3020 WBS Element 27018.10.30 Performance Period Start*/End Date $0.00 N/A Const. 3301 WBS Element 27018.20.10 Performance Period Start*/End Date $0.00 N/A ______________________________________________________________________ The Local Agency should not begin work until both of the following are in place: 1) the execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the official Notice to Proceed. Any work performed before these two (2) milestones are achieved will not be reimbursable. B. Funding Ratio The funding ratio for the State funds for this Work is 5% State funds to 95% Local Agency funds, and this ratio applies only to the $5,979,039.40 that is eligible for State funds. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $5,979,039.40, and additional State funds are not available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $5,979,039.40, then the amounts of Local Agency and State funds will be decreased in accordance with the funding ratio described herein. This applies to the entire scope of Work. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be 300,000.00. For CDOT accounting purposes, the State funds of $300,000.00 will be Exhibit C - Page 2 of 2 encumbered, but the Local Agency funds of $5,679,039.40 will NOT be encumbered. The total budget of this project is $5,979,039.40, unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost of the Work is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. This applies to the entire scope of Work. EXHIBIT D SAMPLE IGA OPTION LETTER Date State Fiscal Year Option Letter No. Project Code Original Agreement # Vendor Name: Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). Option to unilaterally transfer funds from one phase to another phase. Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous, to update encumbrance amount(s), and to unilaterally transfer funds from one phase to another phase. Option to unilaterally extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify OMB Guidance. Option A In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to authorize the Local Agency to add a phase and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is (or increased) by $0.00. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option B In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to transfer funds based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Option C In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option to 1) release the Local Agency to begin a phase; 2) to encumber funds for the phase based upon changes in funding availability and authorization; and 3) to transfer funds from phases based on variance in actual phase costs and original phase estimates. A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. Exhibit D - Page 1 of 2 Exhibit D - Page 2 of 2 Option D In accordance with the terms of the original Agreement between the State of Colorado, Department of Transportation and the Local Agency, the State hereby exercises the option extend the term of this Agreement and/or update a Work Phase Performance Period and/or modify information required under the OMB Uniform Guidance, as outlined in Exhibit C. This is made part of the original Agreement and replaces the Expiration Date shown on the Signature and Cover Page. Any updated version of Exhibit C shall be attached to any executed Option Letter as Exhibit C-1 (with subsequent exhibits labeled C-2, C-3, etc.). The effective date of this option letter is upon approval of the State Controller or delegate. STATE OF COLORADO Jared S. Polis Department of Transportation By: Keith Stefanik, P.E., Chief Engineer For) Shoshana M. Lew, Executive Director Date: ALL AGREEMENTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Colorado Department of Transportation Date: CDOT Form 1243 9/25 Exhibit E- Page 1 of10Previouseditionsareobsoleteandmaynotbeused. Exhibit E Colorado Department of Transportation Local Agency Contract Administration Checklist Project Number STIP Number Local Agency Project Manager CDOT Project Manager Instructions: This checklist shall be used to establish the contractual administrative responsibilities of the individual parties to this agreement. The checklist becomes an attachment to the Local Agency Agreement. Section numbers (No.) correspond to the applicable chapters of the CDOT Local Agency Manual (formerly referred to as the Local Agency Desk Reference). Local Agency Web Resource (LAWR) numbers correspond to the applicable flowchart in the Local Agency Web Resource. The checklist shall be prepared by placing an X under the responsible party, opposite each of the tasks. The X denotes the party responsible for initiating and executing the task. It is preferred that only one responsible party be selected, however a number of items may have both parties selected based on judgment. When neither CDOT nor the Local Agency is responsible for a task, not applicable (N/A) shall be marked. In addition, # will be marked to denote that CDOT must concur or approve. The Regions, in accordance with established policies and procedures, will determine who will perform tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local Agency Project Manager, and submitted to the Region Program Engineer. If contract administration contact information changes, notice will be given pursuant to the Intergovernmental Agreement (IGA) for this project. If contract administration responsibilities change, the CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist. Note: Failure to comply with applicable Federal and State requirements may result in the loss of Federal or State participation in funding. CDOT Form 1243 9/25 Exhibit E- Page 2 of 10 Acronyms: Colorado Department of Transportation – CDOT Disadvantaged Business Enterprise – DBE Equal Employment Opportunity - EEO Federal Highway Administration – FHWA Field Inspection Review – FIR Final Office Review – FOR Hot Mix Asphalt – HMA Independent Assurance Testing - IAT Intergovernmental Agreement – IGA Local Agency - LA Local Agency Web Resource – LAWR Not Applicable – N/A Number – No. On-The-Job - OJT Plans, Specifications, and Estimate – PS&E Professional Engineer - PE Right-of-Way – ROW Statewide Transportation Improvement Program - STIP Transportation Improvement Program – TIP Previous editions are obsolete and may not be used. CDOT Form 1243 9/25 Exhibit E- Page 3 of10Previouseditionsareobsoleteandmaynotbeused. TIP / STIP Long-Range Plans Responsible Party LAWR No.Description of Task LA CDOT 2.1 Subrecipient Monitoring Responsible Party Performance Report to CDOT”) Federal Funding Obligation and Authorization Responsible Party 4.1 Project Development Responsible Party 5.1 5.2 5.3 5.4 5.5 5.6 1 2 3,3A 3,6 CDOT Form 1243 9/25 Exhibit E- Page 4 of10Previouseditionsareobsoleteandmaynotbeused. Responsible Party LAWR No.LA CDOT 3 4 5 3 3 3A 3B 3 3 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.18 5.19 5.20 5.21 5.22 5.23 Description of Task Conduct Field Inspection Review (FIR) Conduct Environmental Process (may require FHWA concurrence involvement) Acquire Right-of-Way (may require FHWA concurrence involvement) Obtain Utility and Railroad Agreements Conduct Final Office Review (FOR) Justify Force Account Work by the Local Agency Justify Proprietary, Sole Source, or Local Agency Furnished Items Document Design Exceptions – CDOT Form 464 Seek Permission for use of Guaranty and Warranty Clauses Prepare Plans, Specifications, Construction Cost Estimates and Submittals Comply with Requirements for Off-and On-System Bridges & Other Structural Work Update Approvals on PS&E Package if Project Schedule Delayed Ensure Authorization of Funds for Construction Use Electronic Signatures File Project Development Records/Documentation in ProjectWise PW) Project Development Civil Rights and Labor Compliance Responsible Party LAWR No.Description of Task LA CDOT 3 6.1 6.2 t is CDOT Form 1243 9/25 Exhibit E- Page 5 of10Previouseditionsareobsoleteandmaynotbeused. Responsible Party LAWR No.Description of Task LA CDOT 6.3 6.4 6.5 3 6.6 6,7 NA”, if Not Applicable Advertise, Bid and Award of Construction Projects Responsible Party 6,7 7 7 7 7 7 7 7,8 8 Distribute “Advertisement Set” of Plans and Specifications Low bidder meets DBE goals. (“N/A” if Not Applicable) the low bidder does not meet DBE goals. (“N/A” if Not Applicable) Provide “Award” and “Record” Sets of Plans and Specifications CDOT Form 1243 9/25 Exhibit E- Page 6 of10Previouseditionsareobsoleteandmaynotbeused. Construction Management Responsible Party LAWR No.Description of Task LA CDOT 8 8 8 8 8 8.4 9 8.5 Intro 8.1 8.2 8.3 File Project Construction Records/Documentation in PW or as Directed Issue Notice to Proceed to the Contractor Project Safety Conduct Conferences Preconstruction Conference (Appendix B) o Fabrication Inspection Notifications Pre-Survey o Construction Staking o Monumentation Project First (Optional) Structural Concrete Pre-Pour (Agenda is in the CDOT Construction Manual) Concrete Pavement Pre-Paving (Agenda is in the CDOT Construction Manual) HMA Pre-Paving (Agenda is in the CDOT Construction Manual) in responsible charge of construction supervision” 9 8.6 9 8.7 9 8.8 9 8.9 CDOT Form 1243 9/25 Exhibit E- Page 7 of10Previouseditionsareobsoleteandmaynotbeused. Responsible Party LAWR No.Description of Task LA CDOT 9,9A 8.10 9 8.11 9B 8.12 9B 8.13 9A 8.14 9 8.15 9 8.16 9 8.17 8.18 9 8.19 Materials Responsible Party 9,9C 9.1 CDOT Form 1243 9/25 Exhibit E- Page 8 of10Previouseditionsareobsoleteandmaynotbeused. Responsible Party LAWR No.Description of Task LA CDOT 9,9C 9.2 9C 9.3 9C 9.4 9C 9.6 9C 9.6 9C 9.7 9C 9.8 9C 9.9 9C 9.10 Fabrication of structural steel and pre-stressed concrete structural components Bridge modular expansion devices (0” to 6” or greater) Fabrication of bearing devices Check Final Materials Documentation Construction Civil Rights and Labor Compliance LAWR No.Description of Task LA CDOT 9 10.1 Complete and Distribute Final Materials Documentation CDOT Form 1243 9/25 Exhibit E- Page 9 of10Previouseditionsareobsoleteandmaynotbeused. Responsible Party LAWR No.Description of Task LA CDOT 8,9 10.2 9 10.3 9 10.4 9 10.5 9 10.6 9 10.7 10.8 Compliance with the “Commercially Useful Function” Check Certified Payrolls (Contact the Region Civil Rights Office for training requirements) Submit FHWA Form 1391 – Highway Construction Contractor’s Annual EEO Report Contract Compliance and Project Site Reviews Finals LAWR No.Description of Task LA CDOT 11.1 10 11.2 10 11.3 11 11.4 11 11.5 11 11.6 11 11.7 11.8 11.9 CDOT Form 1243 9/25 Exhibit E- Page 10 of10Previouseditionsareobsoleteandmaynotbeused. Responsible Party LAWR No.Description of Task LA CDOT 11.10 11 11.11 11.12 11.13 11 11.14 11 11.15 LAWR No. TBD TBD TBD Description of Task Construct Pedestrian Facilities to meet at a minimum PROWAG Standards (M&S Standards for CDOT On-System Projects) Final Inspection and Acceptance (Dependent on CDOT On- System vs Off-System) Collect Curb Ramp Data and Upload to Survey123 for On- System Projects Variance Request (If Needed) Data Collection Coordination Data Collection Public Right-of-Way Accessibility Guidelines (PROWAG) LA CDOT Responsible Party EXHIBIT F 1.GENERAL PROVISIONS A.Assignment Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B.Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits, or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C.Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. D. Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies promulgated by the Colorado State Controller. E.Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy, or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Agreement Effective Date. F.Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Agreement, 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 Exhiibit F - Page 1 of 4 electronic system through which that signatory signed shall be incorporated into this Agreement by reference. G.Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of the Agreement. H.Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other Party. Specifically, §12, §23, and Exhibit F §K shall survive termination or expiration of this Agreement. I.Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §18, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. J.Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K.Indemnification i.General Indemnification Local Agency shall be responsible for its own actions and for the actions of its own employees related to this Agreement. Local Agency shall also cause its Contractors, Consultants, and any Subcontractors to indemnify, save, and hold harmless the State, its employees, agents and assignees, against any and all costs, expenses, claims, damages, liabilities, court awards including costs, expenses, and attorney fees and related costs, directly or indirectly arising out of, resulting from or related to (in whole or in part) this Agreement, any rights or interests granted pursuant to this Agreement and other amounts (including attorneys’ fees and related costs) incurred as a result of any act or omission by Local Agency, or its employees, agents, Contractors, Consultants, Subcontractors, Exhiibit F - Page 2 of 4 or assignees in connection with this Agreement. This provision shall survive the termination of the Agreement. ii. Confidential Information Indemnification Disclosure or use of State Confidential Information by Local Agency may be cause for legal action by third parties against Local Agency, the State, or their respective agents. Local Agency shall be responsible for its own actions and for the actions of its own employees related to disclosure of State Confidential Information. Local Agency shall also cause its Contractors, Consultants, and any Subcontractors to indemnify, save, and hold harmless CDOT, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs incurred by the State in relation to any act or omission by Local Agency, or its employees, agents, assigns, Contractors, Consultants, or Subcontractors in violation of State Confidential Information. This provision shall survive the termination of the Agreement. iii. Intellectual Property Indemnification Local Agency shall be responsible for its own actions and for the actions of its own employees related to intellectual property of the Work. Local Agency shall also cause its Contractors, Consultants and any Subcontractors to 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 State in relation to any claim that any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. This provision shall survive the termination of the Agreement. iv. Accessibility Indemnification Local Agency shall be responsible for its own actions and for the actions of its own employees related to this Agreement. Local Agency shall also cause its Contractors, Consultants, and any Subcontractors to indemnify, save, hold harmless, and assume liability on behalf of the State, its officers, employees, agents and assignees (collectively the “Indemnified Parties”), for any and all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and other amounts incurred by any of the Indemnified Parties in relation to Contractor’s noncompliance 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, C.R.S. Exhiibit F - Page 3 of 4 State employees are considered third parties for the purposes of this section. L.Accessibility i.Local Agency shall comply with the Accessibility Standards for Individuals with a Disability, as adopted by the Office of Information Technology pursuant to C.R.S. §24-85-103 ii.The State may require that the Local Agency’s compliance with the Accessibility Standards for Individuals with a Disability adopted by the Office of Information Technology pursuant to §24-85-103 C.R.S. is determined and tested by a qualified third party selected by the State. The State may ask the Local Agency to review the selection of the third party. Local Agency shall be responsible for all costs associated with the third-party vendor’s assessment. If Local Agency is not in compliance as determined by the third-party vendor, at the State’s request and at the State’s direction, Local Agency shall promptly take all necessary actions to come into compliance using a State-approved vendor, at no additional cost to the State. M.Compliance with State and Federal Law, Regulations and Executive Orders Local Agency shall comply with all State and Federal law, regulations, executive orders, State and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Agreement. Exhiibit F - Page 4 of 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: Laura Blevins, Grants Specialist Department: Police Department Date: July 28, 2026 Subject: LEAF SFY27 Supplemental Grant Award to Purchase Impaired Driving Enforcement and Education Equipment for the Estes Park Police Department Type: Grant Objective: Request Town Board acceptance of the LEAF SFY27 Supplemental Grant award to purchase impaired driving enforcement and education equipment for the Estes Park Police Department. Present Situation: The Estes Park Police Department continues to participate in impaired driving enforcement and education efforts through Colorado's Highway Safety Office. Specialized equipment is necessary to assist officers with impaired driving detection, public education, and traffic enforcement activities. Additional grant funding provides the opportunity to purchase this equipment without placing the financial burden on the Town's operating budget. Finance's adherence to the Town's grant acceptance policy now requires all grant agreements to be formally accepted by the Board. Proposal: The Colorado Highway Safety Office awarded the Estes Park Police Department a LEAF SFY27 Supplemental Grant in the amount of $4,457.49 following review by the LEAF Review Committee on May 5, 2026. The grant will fund the purchase of: One (1) ToxOptix X3 Pen Light – $114.99 One (1) Innocorp Fatal Vision Alcohol Program Kit – $1,100.00 One (1) Stalker Radar RLR Unit – $3,220.00 Stalker Radar freight – $22.50 Freight costs not included in vendor quotes for the ToxOptix Pen Light and Fatal Vision Alcohol Program were not approved for reimbursement and, if incurred, will be the responsibility of the Town. The Police Department will procure the approved equipment in accordance with Town purchasing policies and all grant requirements. Advantages: Provides specialized equipment to enhance impaired driving enforcement. Improves officer ability to detect impaired drivers through enhanced field sobriety testing tools. Supports public education efforts using the Fatal Vision Alcohol Program. Enhances traffic speed enforcement through updated radar equipment. Reduces the financial impact on the Town by utilizing state grant funding. Supports continued participation in Colorado Highway Safety Office impaired driving initiatives. Disadvantages: The Town is responsible for any freight charges not covered by the grant; however, these costs are expected to be minimal. Grant-funded equipment must be used and managed in accordance with grant requirements; however, the Police Department routinely administers similar grant-funded equipment and reporting requirements. Action Recommended: Approve acceptance of the LEAF SFY27 Supplemental Grant award in the amount of 4,457.49 and authorize staff to execute all necessary grant documents and purchase the approved equipment. Finance/Resource Impact: Grant award of $4,457.49 for the purchase of impaired driving enforcement equipment. Budget Account: 10102121 526110 Available Budget as of: 7/8/26 12,908.50 Future Ongoing Impacts: Minimal ongoing operating costs are anticipated. Normal maintenance or replacement of equipment will be incorporated into future Police Department operating budgets as necessary. Future One-Time Impacts: No significant future one-time costs are anticipated beyond eventual replacement of the equipment at the end of its useful life. Level of Public Interest Moderate public interest. The grant supports public safety by enhancing impaired driving enforcement and educational efforts, contributing to the reduction of impaired driving crashes, injuries, and fatalities. Sample Motion: I move to approve acceptance of the LEAF SFY27 Supplemental Grant award and purchase order in the amount of $4,457.49 and authorize Town staff members to approve any further, ancillary documents within the scope of their job responsibilities. Attachments: 1. LEAF SFY27 Grant Award Letter/Approval Notice 2. LEAF SFY27 Grant Application 3. LEAF SFY27 Grant Purchase Order 2829 W Howard Place, 5th Floor, Denver, Co. 80204 P 303.757.9069 www.coloradodot.info RRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRJJune June 12, 2026 To: Estes Park Police Department, Segeant Skylar watson From: Josephine Oldaker, Highway Safety Office, Colorado Department of Transportation Re: State Fiscal Year 2027 Law Enforcement Assistance Funding Award (LEAF) The Colorado Highway Safety Office (HSO) would like to thank you for your dedication to improving traffic safety in your community. We are pleased to inform you that your State Fiscal Year 2027 (SFY27) Law Enforcement Assistance Funded grant application has been approved. Effective July 1, 2026 through December 31,2026. Your agency has been awarded $4,457.49 LEAF funding for purchasing the below approved supplemental materials: Grant approved for: TopOptix (1) Pen Light @ 114.99. TopOptix freight NOT Quoted, Freight NOT funded. Innocorp: (1)Fatal Vision Alcohol Program @ 1100.00. Innocorp Freight NOT Quoted, Freight NOT funded. Stalker Radar (1) Radar RLR @ 3220.00 + $22.50 freight Attached you will find a packet containing: a.Agency awarded purchase order (PO #411044960) b.Copy of the approved application with your provided quotations. All approvals and changes have been noted on these quotations. Please pay close attention to the notations! Some of the requested materials were not acceptable for this application process. NOTE: Claims workbook for your reimbursement submittals will follow shortly. Be advised, all purchase reimbursements must be submitted by December 31, 2026. You are encouraged to order the approved materials starting July 1, 2026. (Do not order approved items before July 1, 2026) It is the intent that all equipment is received and implemented as soon as possible to assist your agency with your HVE and Impaired driving efforts. Important: The materials that have been approved are to be used for HVE and Impaired Driving activities. Should OTS determine the materials are not being used for this intended purpose, your agency will be required to pay back the funding. Only materials and specified freight fees that were approved by the LEAF Review Committee are allowed for reimbursement. (Again, review the attached approved application packet for approved quotes and notations.) Invoices and proof of payments are required for all purchases. Agency Mandatory Compliance with C.R.S. 24-31-903. Agency must remain compliant with C.R.S. 24- 31-903 – Division of Criminal Justice Report - Law Enforcement Integrity Reporting. You may contact 2305 Attachment 1 2829 W Howard Place, 5th Floor, Denver, Co. 80204 P 303.757.9069 www.coloradodot.info cdps_dcj_lei@state.co.us or visit Law Enforcement Integrity for compliance information. Agency Grant will be rescinded if your Agency is 4 or more months out of Compliance. Please contact me at josephine.oldaker@state.co.us, HVE Program Manager Robert Wynkoop at robert.wynkoop@state.co.us or your Law Enforcement Liaison at lee.birk@state.co.us with any questions or concerns. Thank you for your commitment toward traffic safety. Sincerely, Josephine Oldaker Josephine Oldaker Program Coordinator Colorado Highway Safety office Application reviewed by LEAF review committee 05/05/26. Grant approved for: TopOptix (1) Pen Light @ 114.99. Topoptix freight NOT Quoted, Freight NOT funded. Innocorp: (l)Fatal Vision Alcohol Program @ 1100.00. Innocorp Freight NOT Quoted, Freight NOT funded, Stalker Radar (1) Radar RLR @ 3220.00 + $22.50 freight. Application Approved for LEAF SFY27 funding LAW ENFORCEMENT ASSISTANCE FUND (LEAF) amount: $4457.49 APPLICATION FOR SUPPLEMENTAL IMPAIRED DRIVING & HVE PROVISIONS FUNDING State Fiscal Year (SFY) 2027 Due April 10, 2026 CDOT's Office of Transportation Safety (OTS) may provide funding to compliant law Enforcement Agencies for supplemental provisions to be used to support Colorado's impaired driving laws through the Law Enforcement Assistance Fund (LEAF). TO APPLY FOR FUNDING The OTS will review and evaluate which applicants can most effectively demonstrate that an award of funds from LEAF shall have the greatest impact on impaired driving related crashes. Injuries and fatalities. This application shall be evaluated based on the following: Applicant must currently receive impaired driving funding through the HSO (via State HVE or NHTSA) Impaired Driving programs. A complete description of current/past awarded Impaired Driving, HVE programs from the Office ofTransporation Safety, Highway Safety Office in the last three years, tndude current applications that have been submitted for 2027. Provide a brief statement about why there is a necessary^ reasonable and reievant need for the requested provisions. When and how the requested provisions will be used and expected outcome of use during OTS awarded grant programs. Agency must remain compliant with C.R.S. 24-31-903 - Division of Criminal Justice Report; Law Enforcement Integrity Reporting. (Agency may contact cdps.jicjjei@state.co.us or visit Law Enforcement Integrity for compliance information.) Copies of a!i vendor quotes with per each pricing, shipping and handling, must be provided. To apply for funding, return completed form (page 1 & Z) plus copies of all provision quote(s) via email no later than April 10,2026 to your Law Enforcement Liaison or HSO Grant Program Manager. All highlighted sections must be filled in; tab to advance through fields. Scroll down to advance to page 2. Agency Name; Agency Address; Estes Park Police Department 170 MacGregor Ave. Estes Park, CO 80517 Grant Project Coordinator: Email: Phone: Sgt. Skylar Watson swatson@estes.org 970.56MOOO Current Population in Jurisdiction: Current Sworn Personnel: Authorized Sworn Capacity: Secondary Contact: Email: Phone: Det. Jenn Morrow Problem Identification Data 1/1/2025 - 12/31/2025 Budget/ Financial Contact: Emaif: Phone Number: Sharia Beesiey sbeesiey@estes.wg 970.586-4000 of impaired driving arrests: ft of Impaired driving crashes: of impaired driving injury crashes: of impaired driving fatal crashes: Head of Agency/ Chief; Email: Phone: Chief lan Stewart tsiewart@estes.wg 970-586-4000 check this box if Law Enforcement Agency is in compliance with C.R.S. 24-31-903./ Vendor Quote ft Found online Name of Part/Provision X3 Found Online 2120730 Manufacturer Part Number Price per each Toxoptix.com x3001 Fatal Vision Program Kit | Fatal Vision Stalker Lidar RLR -|StalkeF- FV Prog G6 808-6125-00 114.99 1,100.00 3,242.50 Topoptix^refghtNOTQirotei t,fretghrNOT Quantity $ REQUESTED 1 Freight NOT funded. 1 Freight NOT Funded 1 114.99 1,100.00 unded7 Grant approved for: TopOpt/^l^PerTl/ght(©lT4.99^-Topoptfx^rergfttWOrQffotecf7 lnnocorp:(l)FatalVfsfan^Afcohol Program @ 1100.00^ InrrocorpFrefgh^ 5tCT/frer Ra^c/CTrj'l^RCTdCTrRlR (®3^2a 00+^22.50/rerg/itApp^ amutintr$4457:49 3,242.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Tab to advance through fields.Total LEAF Grant funds Requested $ 4,457.49 HSO Office Only) Approved by: LEAF Review Committee 05/05/26 Total Grant Funds Approved by OTS .I; 4-4R7-49 DRIVE SOBERORGETPULLEDOVER COLORADO Department of Transportation LE.A.F. Attachment 2 LEAF SFY27 Supplemental Application The completed following sections will be used to evaluate this application on the effectiveness in having the greatest impact on impaired driving crashes, injuries, and fatalities. (Be brief and concise) Agency must currently receive impaired driving funding through the HSO (via State HVE or NHTSA) Impaired Driving programs. Provide a list of current/past awarded NHTSA Impaired Driving and/or State High Visibility Enforcement grants for the last 5 years. Include Program Titles and awarded amounts for each grant, as well as FY27 State and Federal funding applications as submitted to the Highway safety Office. 2026 - HVE $11 ,500 2021 - HVE $9,000 2025 - HVE $11 ,500 2021 - Leaf $5,555 2024 - HVE $11 ,000 2027 - HVE $8,750 requested 2023 - HVE $7,000 2023-CIOT$3,100 2022 - HVE $7,000 2022 - LEAF $7,000 Provide a list of the requested provisions, supplies and tools. Attach copies of all vendor quotes for all items requested. X3 Toxoptix found at toxoptix.com, Fatal Vision Program Kit found at https://fatalvision.com, Stalker LIDAR RLR Provide a brief statement about why there is a necessary, reasonable and relevant need for the requested equipment. When and how the requested equipment will be used and expected outcome of use during OTS approved/awarded Impaired Driving and HVE programs. The requested equipment is necessary, reasonable, and relevant because it supports both impaired-driving prevention and active traffic enforcement. The Fatal Vision Alcohol Program Kit will be used for community and school-based education by demonstrating alcohol-related impairment through hands-on simulation. Such events would be at our annual safety fair, our citizen academy, and other public events. The ToxOptix X3 will be used in the field and in training to improve consistency and officer safety during SFSTs on the road and in training. The Stalker Lidar RLR will be used for proactive speed enforcement in targeted areas, including school zones and other high-risk traffic locations such as the canyon of Hwy 34 that has several major crashes per year due to speed. Together, these tools will improve education, enforcement, and deterrence, with the expected outcome of greater public awareness, stronger impaired-driving case development, improved speed compliance, and safer roadways. Is your Agency in Compliance with the Department of Public Safety? If not, explain./YES NO Submitted by: Sgt. Skylar Watson of Estes Park Police Department Application submitted by: 4,457.49 4/8/26, 4:49 AM TheX3-TOXOPTIX HOME SHOP ABOUT AGENCY SAI..ES X3 INSTRUCTIONS CONTACT I? 0 s The X3 114.99 In stock ADD 'IT) CM)J SKU:x3001 Category: X3 Tags: Forensics, HGN Testing, Law Enforcement, Medical Use, Tools Toxoptix Quote reviewed. 1) Pen Light @ 114.99 FrejghtNOT quoted, freisht NOT funded, Quote accepted for LEAF SFY27 fundins amount $114.99. Description Additional information Reviews (12) Description We now accepting orders online and via email. Please email lnfo@ToxOptix.com to order your X3 today. https://www.toxoptix.com/product/x3/1/3 4/8/26, 4:49 AM The X3 - TOXOPTIX Built to last, the ALL NEW X3® by ToxOptix was designed for use in both the field and training. From SFST and ARIDE to DRE Evaluations, the X3® combines multiple technologies in one all-inclusive pen light sized device eliminating the need to purchase and carry multiple devices, Our patented timing system takes the guesswork out of administering the HGN Test and our additional 15 / 30 and 90 second timers covers other SFST and DRE eval tasks. Officer safety is crucial when dealing with impaired subjects and the X3 keeps your focus on the suspect. The X3's® multi-use UV lamp can be used for many investigative tasks such as detecting illegal substances, validating Driver Licenses and DRE dark room exams. Our specialized warm white lamp was designed to meet the requirements and guidelines for light sources used by DREs. Share On Tweet ^~~\ Pin This /^-\ Mail This 9}) „ , . (RFacebook (". ) This ^—^ Product '<-^/ Product Product I AW r;li()l'f;l:CIJiil;iY IMfomANTUNK^ t.;NKj|<(;hMt;NT/VI:TLKAM OWNI-1) K- OI^HATri) .„.<,„<,,. Shopping a'c ToxOpi.ix is X3 Instructions se(.ur<-'d ihrou^h Aui.hori^.rK'i'. indu.siry Return & Warranty Policy https://www.toxoptix.com/product/x3/ 2/3 4/8/26, 4:48 AM Fatal Vision Alcohol Impairment Education Simulation Program Kit Innocorpltd (https://fatalvision.com) Click Here to Search https://fatalvision.com/search/) Contact https://fatalvision.com/contact/) ^^ ^^ ^^. Login (https://fatalvision.com/my- p^al Vision Alcohol Program Kit @ 1100.00 Freight NOT quoted, freight NOT funded.account/) ft https://fatalvision.com/cart/)Quote accepted for LEAF SFY27 fundinK amount: 1100,00. Be First to Know About Fatal Speeding™ - Launching Early 2026! LEARN MORE https://fatalvision.com/product/fatal-speeding-program-kit/) Home (https://fatal»ision.com) / Alcohol Goggles (https://(atal»ision.com/produet-category/alcohD]-goggles/) / Alcohnl Gogele Kits [https;//fatalvisio[i.com/product-category/alcohDl-goggles/alcohol-goggle- kits/) / Fatal Vision® Alcohol Program Kit ision.com/wp-content/uploads/2018/08/FV-Web-Action4.jpg) Fittps:7/fatalvision.com/wp-content/uploads/2018/08/FV-Web-Action3.jpg) ttps://fatalvision.com/wp-content/uploads/2018/08/FV-Web-ActionA.jpg) https://fatalvision.com/wp-content/uploads/2018/01/fvprog_large_1.jpg) https:7/fatalvision.com/wp-content/uploads/2018/01/Screen-Shot-2019-08-28-at-9.21.17-AM.png) FATAL VISION® Use these tools to simulate alcohol impairrr experience about alcohol misuse and abuse Item Number: FV PROGRAM 1,100.00 S On-site Proi Bring expert trail This 4-6 hour, on- confidence to use prevention progra https://fatalvision.com/\fi^-Add for $3,1C content/uploads/2019/04/on- site-training.png) DIES® Alco S NEW-DIES® All driver's seat This Goggles to simula 11VS DAddfor$1,1[ https://fatalvision.com/wp- contenf/uploads/2025/08/ALCOHOL- DIES-Web- Actionl.jpg) Add to cart REQUEST A QUOTE https://fatalvision.com/cnrporate-request-a-( Description Kit Details Product Training Fatal Vision® Alcohol - Program Kit Modeled Impairments Impaired balance, vision, reaction time, and judgment Experience https://fatalvision.com/producVfatal-vision-alcohol-program-kit/ We're offline Leave a message Ifl 1/3 4/8/26, 4:48 AM Fatal Vision Alcohol Impairment Education Simulation Program Kit It can be difficult to recognize how alcohol impairment affects performance In everyday situations. The Fatal Vision® Alcohol Program Kit provides an E impacts coordination, vision, and reaction time. By completing simple activities while wearing the Fatal Vision® Alcohol Goggles, participants gain a clearer understanding of how alcohol impairment < associated with impaired driving and underage drinking. How It Works The Fatal Vision® Alcohol Program Kit uses simulation goggles to demonstrate alcohol-related impairment in a safe and controlled environment. Partic repeat them while wearing the goggles, allowing them to compare performance while unimpaired versus impaired. The goggles simulate behaviors associated with varying blood alcohol concentration (BAG) levels, helping participants understand how Impairment inci Fatal Vision® Alcohol Goggles are available In five (5) Impairment levels simulating BAG ranges from below .06 to .25+ and are offered with clear lense; conditions. WHITE LABEL Estimated BAG < .06 BRONZE LABEL Estimated BAG .07-.10+ RED LABEL Estimated BAG .12-.15+ SILVER LABEL — E Estimated BAG .17-.20+ Estin NEW.' Enhance Your Program Kit with the New Alcohol Driving Mat Take your alcohol Impairment lesson to the next level with thfilES® Alcohol Driving Activity Mat This interactive mat with a steering wheel lets particip combining seamlessly with the Fatal Vision® Alcohol Goggles for a hands-on, real-world simulation. Learn More(https://fatalvislon.com/product/alcohol-driving-actlvity-mat/) Benefits Designed to help you demonstrate the dangers of impaired driving and underage drinking Five (5) distinct simulated impairment levels available to support specific lessons and activities The program support materials provide step-by-step instruction on how to deliver your evldence-based program Goggles developed working with law enforcement professionals Innocorp Quote review: Fatal Vision Alcohol Program Kit @ 1100.00 Freight NOT quoted, freieht NOT funded. Quote accepted for LEAF SFY27 fundinK amount: $1100.00. J^UA^padap applied concepts, inc. Quote 2120730 855 E. Collins Blvd. Richardson, TX75081 Phone: 972-398-3780 Fax: 972-398-3781 National Toll Free: 1-800- STALKER Inside Sales Partner: Anthony Greene 1-972-801-4892 anthony.greene@stalkerradar.com Reg Sales Mgr: Page 1 of 1 Date: 03/19/2026 Joe Bartels 1-720-456-2483 jbartels@a-concepts.com Effective From:03/19/2026 Valid Through: 06/17/2026 Bill To: Estes Park Police Dept 170 MacgregorAve EstesPark,C080517 Customer ID: 011754 Accounts Payable Estes Park Police Dept 170 MacgregorAve EstesPark,C080517 FedEx Ground Sergeant Skylar Watson Grp 1 Ln 1 2 3 4 5 6 7 8 9 Qty 1 Qty 1 2 1 1 1 1 1 1 1 Package 808-6125-00 Part Number 200-1602-84 200-1053-10 200-1092-01 035-0211-00 011-0002-00 011-0231-00 057-1010-00 035-0389-00 060-1000-24 Description Stalker Lidar RLR - w/BT, DL & FTC, 2 Batteries, Dual Bay Charger Description ASSY, R-SERIES LIDAR, WIRELESS, HV, FANSTEL Lidar RLR Battery Cell, ACI Build Lidar RLR Dual Bay Battery Charger Soft Storage Bag Lidar Certificate of Accuracy Lidar RLR Quick Start Guide Label for Documentation Kit Lidar Shipping Box w/Foam 24-Month Warranty Wrnty/Mo Price 24 $3,220.00 Price Group Total Ext Price 3,220.00 Ext Price 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,220.00 Product $3,220.00 Discount $0.00 Payment Terms: Net 30 days Sub-Total: Sales Tax 0% Shipping & Handling: Total: USD 3,220.00 0.00 22.50 3,242.50 This Quote or Purchase Order is subject in all respects to the Terms and Conditions detailed at the back of this document. These Terms and Conditions contain limitations of liability, waivers of liability even for our own negligence, and indemnification provisions, all of which may affect your rights. Please review these terms and Conditions carefully before proceeding. Stalkler Radar Quote review. 1) Stalker Lidar RLR @ 3220.00 each Freight at $22.50 Quote accepted for LEAF SFY27 funding amount $3242.50. SPECIAL INSTRUCTIONS Office of Transportation Safety Location: Estes Park Police Dept Law Enforcement Assistance Fund (LEAF) Effective 07/01/2026 through06/30/2027 Delivery/Installation Date: 12/31/2026 PO Expiration Date: 06/30/2027 Ship TO: Payment will be made by this agency TO: Invoice INSTRUCTIONS TO VENDOR 1. If for any reason, delivery of this order is delayed beyond the delivery/Installation date shown, please notify the agency contact named at the top left (Right of cancellation is reserved in instances in which timely delivery is not made). 2. All chemicals, equipment and materials must conform to the standards required by OSHA. 3. NOTE: Additional terms and conditions on reverse side or at address shown in Special Instructions. V E N D O R TOWN OF ESTES PARK PO BOX 1200 ESTES PARK CO 80517 Purchase Order State of Colorado DATE: 05/28/2026 IMPORTANT The PO# and Line# must appear on all invoices, packing slips, cartons and correspondence Vendor Master#: 2000306 Phone: 970-577-3560 Vendor Contact: PO# 411044960 Award#: BID#: Page# 1 of 1 Colorado Dept of Transportation 2829 W. Howard Place Denver CO 80204 Buyer: Richard Clark Phone Number: Agency Contact: Josephine Oldaker Phone Number: 303-365-7044 Colorado Dept of Transportation 2829 W Howard Pl Denver CO 80204 CDOT OFFICE OF TRANSP. SAFETY 2829 W. Howard Place DENVER CO 80204 LINE PRODUCT NUMBER PRODUCT CATEGORY DESCRIPTION UOM PLANT QUANTITY UNIT COST TOTAL ITEM COST 00001 92585 Estes Park PD SFY27 LEAF AU 7001 4,457.4901.00 4,457.49 DateAuthorizedSignature Signature not required if PO transmitted electronically. FOR THE STATE OFCOLORADOTHISPOISISSUEDINACCORDANCEWITHSTATEANDFEDERALREGULATIONS https://osc.colorado.gov/spco/central-contracts-unit/purchase-order-terms-conditions DP-01 (R-02/06) DOCUMENT TOTAL: 4,457.49 Attachment 3 The Town of Estes Park is committed to providing equitable access to our services. Contact us if you need any assistance accessing material at 970-577-4777 or townclerk@estes.org. Report To: Honorable Mayor Hall & Board of Trustees From: Town Administrator Machalek Department: Town Administrator’s Office Date: July 28, 2026 Subject: Acceptance of the Town Administrator Policy Governance Monitoring Report Packet material for this item is included earlier in the packet under Town Administrator’s report. 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: July 28, 2026 Subject: Salud Family Health Base Funding Report Objective: Salud Family Health 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. Salud’s Mission: to provide a quality, integrated health care home to the communities we serve. 1950 Redtail Hawk Drive Estes Park, CO 80517 Estes Park Town Meeting July 28, 2026 Attachment 1 Salud Family Health Core Values Salud’s History We were founded in 1970 in response to the health care needs of the migrant, farmworker population working in the agricultural area surrounding Fort Lupton, Colorado. Salud’s Service Area Estes Park Salud Clinic First clinic opened in 1992, Current clinic opened in 2007 We provide integrated medical, dental, behavioral health and pharmacy services. Current Staffing: Rosa Tapia, Center Operations Director Timothy Nagel, MD 4 Medical Assistants Viktoriya Street, Physician Assistant 2 Dental Assistants MeeMee Lahman, Behavioral Health Provider 2 Customer Service Assistants Albert Hong, DDS 1 Dental Front Desk 1 Dental Hygienist Enrollment Specialist – 2 days/ week We accept Medicaid, Medicare, CHP+ and Private Insurance. A sliding fee scale is offered based on family size and income. Insurance enrollment assistance is also available. Hours of Operation, Monday – Friday 7:30 am – 5:00 pm In 2025 :1,699 Patients and 6,914 Patient Visits Poverty Level Income Amount EP Salud Patients 100% FPL below $15,060/ individual or $31,200/ family of four 847 (49%) 101-200% FPL $15,060- $30,120/ individual or 31,300-$62,400 for a family of four 604 (35%) Over 200% FPL Over $30,120 for an individual or 62,400 for a family of four 248 (16%) Payor Source EP Salud patients Medicaid 32% Medicare 8% CHP+3% Dental CHP+14% Commercial Insurance 17% Uninsured 26% Salud Services- a system of care Family Medicine Pediatrics Family Planning, Prenatal Care Health Education Laboratory, Access to x-ray and ultrasound Immunizations Pharmacy Same-day care and walk-ins Enrollment, After-hours nurse line, hospitalization Cross cultural, bilingual staff Routine screening of all patients for psychosocial stressors and mental health conditions Brief Intervention, referral, and follow-up for positive screens Provides Consultation: PCP requests evaluation and/or intervention by Behavioral Health Provider Psychotherapy Psychological assessments Supports Shared Medical Appointments Medication Assisted Treatment (MAT) 7 Dental Services: School outreach General dental services including regular cleanings and exams Children’s dental services including cleanings, fluoride varnishes, sealants Diagnostic services, including x-rays Fillings of all types Prosthetic services (partials & dentures) Crowns and bridges Treatment of gums & supporting tissues Root canal therapy Oral surgery procedures Salud’s Current Challenges: Federal grant funding hasn’t increased in 16 years, to keep up with increased number of patients served or inflation Reductions in Medicaid coverage due to implementation of H.R. 1 Health inflation Workforce recruitment/ retention (primary care workforce shortages) Estes Park Salud Clinic challenges: Difficulty recruiting/ retaining professional staff Cost of living for staff Changing patient demographics Estes Park Clinic Faces Unique Challenges Estes Park Salud Foundation Committed individuals who fundraise and provide community outreach to ensure access to services in Estes Park Current fundraising resulted in over $500,000 from the community! Thank YOU! Current fundraising goal is $250,000 Funds patient programs: Possibility to cover 50% of your co-pay for Salud services. Pay for services outside of Salud, including labs, specialty visits, & medicines Receive free dental care if you’re pregnant or for children ages 0-17. Receive a free eye exam. Thank you for your support Estes Park! 1950 Redtail Hawk Drive Estes Park, CO 80517 970) 586-9230 saludclinic.org estesparksaludfoundation.org