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Home My WebLink AboutPACKET Town Board 2022-02-22The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 22, 2022 7:00 p.m. *TO BE HELD VIRTUALLY ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, February 22, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated February 8, 2022 and Town Board Study Session Minutes dated February 8, 2022. 3. Estes Park Board of Adjustment Minutes dated January 4, 2022 (acknowledgment only). 4. Comprehensive Plan Advisory Committee Minutes dated January 13, 2022 (acknowledgement only). 5. Purchase Order for a 2019 John Deere Excavator for $100,343.08 - Budgeted. Prepared 02-11-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 6. Resolution 16-22 Setting the Public Hearing for a New Hotel and Restaurant Liquor License Application for Bird’s Nest LLC dba Bird’s Nest, 1221 High Drive, Estes Park, Colorado for March 8, 2022. 7. Resolution 17-22 Intergovernmental Agreement for a Grant to Upgrade Water Meters with the Bureau of Reclamation for $75,000 - Budgeted. 8. Reappointments to the Estes Park Housing Authority: • William Pinkham, five-year term beginning February 1, 2022 and expiring January 31, 2027. • Pete Smith, five-year term beginning May 1, 2022 and expiring April 30, 2027. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. RESOLUTION 19–22 AND RESOLUTION 20-22, CAMPBELL SUBDIVISION PRELIMINARY PLAT AND FINAL PLAT, TBD SOUTH SAINT VRAIN AVENUE, MARK AND MARY CAMPBELL, OWNER, CMS PLANNING & DEVELOPMENT, C/O FRANK THEIS, APPLICANT. Planner Woeber. Request continuance to March 8, 2022. 2. ACTION ITEMS: A. RESOLUTION 18-22 FIRST SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT. Planner Woeber. Consider an application for a Supplemental Map for one building within the Meadows at Wildfire Condominiums. ACTION ITEMS: 1. RESOLUTION 21-22 INCORPORATING THE ESTES VALLEY MASTER TRAILS PLAN ADDENDUM #1 AS AN ELEMENT OF THE ESTES PARK COMPREHENSIVE PLAN. Engineer Barr and Director Garner. Consider addendum #1 composed of trail opportunities not presented in the original plan. 2. INTERVIEW COMMITTEE FOR THE ESTES PARK PLANNING COMMISSION. Town Clerk Williamson. 3. INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD. Town Clerk Williamson. ADJOURN. Page 2 Town of Estes Park, Larimer County, Colorado, February 8, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 8th day of February, 2022. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Scott Webermeier Also Present: Travis Machalek, Town Administrator, Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Bunny Victoria Beers, Deputy Town Clerk Absent: None Mayor Koenig called the regular 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 (Martchink/Webermeier) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. Jim Kelley/Town citizen and member of the citizen formed Estes Park Citizens Concerned About Noise Pollution, stated concerns regarding noise pollution in Estes Park and stated the noise ordinance code language as confusing, vague and not enforceable. He requested a working relationship with the Town and the citizen group to reform the current noise ordinance. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: Visit Estes Park was featured in the New York Times as one of the 52 places to go in 2022; Behavioral Health Policy Council heard from organizations across the Front Range regarding different aspects of mental health; the Estes Park Board of Adjustment would appoint officers in April per the bylaw revisions and a variance request was heard; and a request was heard to determine which Board study session discussion items have budgetary impacts and whether they should be incorporated into the Strategic Planning or considered during the annual budget review. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek provided an overview of current COVID-19 and Omicron cases and encouraged vaccinations and use of available testing sites. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated January 25, 2022 and Town Board Study Session Minutes dated January 25, 2022. 3.Transportation Advisory Board Minutes dated December 15, 2021 (Acknowledgement only). 4.Parks Advisory Board Minutes dated December 16, 2021 (Acknowledgement only). DR A F T Page 3 Board of Trustees – February 8, 2022 – Page 2 5. Estes Park Planning Commission Minutes dated December 16, 2021 (Acknowledgement only). 6. Resolution 12-22 Revisions to Community and Family Advisory Bylaws. 7. Resolution 13-22 Contract with Cornerstone Engineering and Surveying, Inc., for the US 36 and Community Drive Roundabout for $131, 350 – Budgeted. 8. Resolution 14-22 Contract Extension with Ayres Associates Inc., for 2022 Planning Consulting Services, not to exceed $113,000 – Budgeted. It was moved and seconded (Webermeier/Cenac) to approve the Consent Agenda, and it passed unanimously. REPORT AND DISCUSSION ITEMS: (Outside Entities). 1. CONGRESSIONAL REPRESENTATIVE UPDATE. Congressman Neguse provided a legislative update from Washington acknowledging the efforts of the Town through the pandemic and various wildfires, the bipartisan infrastructure deal, infrastructure needs to address wildfire resiliency and mitigation. 2. ESTES PARK ECONOMIC DEVELOPMENT CORPORATION (EDC) ANNUAL UPDATE. President and CEO Adam Shake provided a presentation on the annual update. Highlights included: EDC background, mission and programs; awards and grants; EDC Workforce Housing Committee updates; Workforce Development progress; Entrepreneur Center overview; Business Accelerator Services of Estes Program (BASE), a free, six-month intensive dive into building and growing business with focus on leadership, operations and innovation; he reviewed the Business Expansion and Retention Program (BEAR); and survey results identifying employment statistics in 2021 versus 2022; and reviewed opportunities to get involved with the EDC. ACTION ITEMS: 1. RESOLUTION 15-22 THUMB OPEN SPACE MANAGEMENT PLAN. Staff presented the plan at the January 25, 2022 study session where the Board directed staff to add content for private guide services and opportunities to monitor operations. Clarification was requested on use fees required by climbers using the space. Staff stated climbers would not be charged to use the space and are asked to spend time providing climbing lesson opportunities for Estes Park School District children. It was moved and seconded (Martchink/Younglund) to approve Resolution 15-22, and it passed unanimously. Director Muhonen acknowledged Supervisor Berg, Grant Specialist Crosser and Maintenance Worker Ertl for their contributions on the Thumb Open Space Management Plan. REPORT AND DISCUSSION ITEMS: 1. ENVIRONMENTAL SUSTAINABILITY TASK FORCE (ESTF) FINAL REPORT. The Town formed the ESTF through Resolution 55-21 to develop recommendations regarding the Town’s role in initiatives, strategies and tactics to advance environmental sustainability. Members of the Task Force reviewed highlights of the 52 recommendations contained in the final plan for the following five focus areas: Electric Energy, Building Sustainability, Electrification of Vehicles and Equipment, Reducing Solid Waste, and Institutional Factors for Sustainability. The Board would discuss the ESTF Final Report at the February 22, 2022 study session. 2. STATUS OF VIRTUAL TOWN BOARD MEETINGS. Town Administrator Machalek stated the County would be releasing their mask mandate on February 12, 2022. Staff requested Board direction whether to return to in-person meetings or continue holding virtual meetings and interest related to mask considerations. Board comments have been summarized: interest in returning to in-person meetings with face coverings; interest in seeing a decline in case numbers before DR A F T Page 4 Board of Trustees – February 8, 2022 – Page 3 in-person meetings resume; what constitutes crowding and how it would be determined; clarification on the levels of risk based on the seven-day case rate and the metrics utilized as a measurement of risk at the height of COVID-19 in 2020; and considering moving back to in-person meetings in March pending any changes in case rates. The Board discussed and it was determined in-person meetings would resume beginning March 8, 2022 pending any changes to the Larimer County COVID-19 case rates. Whereupon Mayor Koenig adjourned the meeting at 8:52 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 5 Town of Estes Park, Larimer County, Colorado February 8, 2022 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 and Virtually in said Town of Estes Park on the 8th day of February, 2022. Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs, Cenac, MacAlpine, Webermeier, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, and Recording Secretary Disney Absent: None. Mayor Koenig called the meeting to order at 4:30 p.m. UPDATE ON VACATION HOME FEE STUDY. Town Clerk Williamson introduced the update on the vacation home fee study and Root Policy Research representative, Mollie Fitzpatrick highlighted the demographics of the housing market, demographics of the short-term rental market, and provided an impact analysis of short-term rentals. The Board discussed vacant seasonal use properties, how impacts were determined, the effect of the vacation home cap, increases in job availability compared with decreases in housing availability, separating data between residential and commercial zoning districts, and next steps. Town Attorney Kramer stated the data model required a broad approach in order to review potential causality of short-term rentals on housing and, moving forward, the data model could be adjusted to provide more defined information. QUARTERLY COMPREHENSIVE PLAN ADVISORY COMMITTEE (CompPAC) UPDATE. Director Garner and Logan Simpson representative Jeremy Call provided a quarterly update on the Comprehensive Plan Advisory Committee. They highlighted the phased process, the six resiliency themes, visioning outreach, the drafted vision and guiding principles, community priorities, and next steps. The Board discussed drafting of the vision and guiding principles. COMMUNITY & FAMILY ADVISORY BOARD CHECK-IN. Assistant Town Administrator Damweber initiated the discussion on the Community and Family Advisory Board (CFAB), a follow-up from the Board’s November discussion. Mayor Pro Tem Martchink and Trustee Younglund met to discuss CFAB and two recommendations were presented: 1) revisions to the role of the board and, 2) reverting the name of CFAB to Family Advisory Board. Additionally, Mayor Pro Tem Martchink and Trustee Younglund recommended postponing CFAB meetings until appointments could be made for the vacant positions. The Board discussed staff and CFAB members efforts on the recommendations, interview committee appointments, and the definition of family in the drafted bylaws. REVISED POLICY 225 CHILDCARE FUNDING GUIDELINES. Assistant Town Administrator Damweber presented the revised Policy 225 Childcare Funding Guidelines. The proposed revisions would provide clarifications on the Town’s DR A F T Page 6 Town Board Study Session – February 8, 2022 – Page 2 role with respect to childcare, the establishment of a Childcare Reserve Fund, and fund use guidelines. The Board discussed how reserve funds would be used, limitations of the Town’s role with childcare, and appropriations to the childcare reserve. It was determined to schedule another discussion for a future study session. ART IN PUBLIC PLACES. Supervisor Berg, Parks Advisory Board Chair Elliot, and Vice Chair Poggenpohl presented the discussion on Art in Public Places. They provided an assessment on current assets, needs and funding, recommended developing an Arts Master Plan, identifying appropriate staff, and engaging existing community organizations. The Board discussed next steps for the Art in Public Places program, cohesive art in Estes Park, and maintenance needs. It was determined to proceed with an Arts Master Plan. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to schedule the Facilities Master Plan Final Draft for February 22, 2022, the 2022 Paid Parking Program Update for April 26, 2022, the Board Orientation and CIRSA Briefing for May 12, 2022, and reschedule the 2022 Street Improvement Program Overview to March 8, 2022. Additionally, the Board determined to schedule a special study session to continue discussing the Vacation Home Fee Study and Revised Policy 225 Childcare Funding Guidelines. There being no further business, Mayor Koenig adjourned the meeting at 6:37 p.m. Kimberly Disney, Recording Secretary DR A F T Page 7 Page 8 Town of Estes Park, Larimer County, Colorado, January 4, 2022 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting held virtually in said Town of Estes Park on this 4 day of January 2022. Committee: Chair Wayne Newsom, Vice-Chair Jeff Moreau, Board Member Joe Holtzman Attending: Chair Newsom, Vice-Chair Moreau, Board Member Holtzman, Community Development Director Jessica Garner, Planner II Alex Bergeron, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: none Acting Chair Moreau called the meeting to order at 9:00 a.m. PUBLIC COMMENT. None APPROVAL OF AGENDA It was moved and seconded (Holzman/Moreau) to approve the agenda. The motion passed 2-0. Member Newsom was not available APPROVAL OF CONSENT AGENDA It was moved and seconded (Moreau/Holtzman) to approve the Consent Agenda. The motion passed 2-0. Member Newsom was not available. VARIANCE REQUEST 262 Fall River Road Planner II Alex Bergeron Planner Bergeron reviewed the staff report. The Applicant seeks a seven-foot (7’) variance to the minimum front setback standard for the E (Estate) zone district to permit the construction of a garage enclosure pursuant to the elimination of an existing shed and existing carport structure, which encroach into the front setback along the southerly property line. Staff recommended approval of the variance request. DISCUSSION: none PUBLIC COMMENT: none It was moved and seconded (Newsom/Holtzman) to approve the variance request as written. The motion passed 3-0. REPORTS Director Garner discussed the Comprehensive Plan update process. The committee meets every two weeks, and things are progressing as planned. All documents, meetings and handouts are available at engageestes.org. The new Planning Technician, LaureJane Baur, was introduced. Page 9 Board of Adjustment, January 4 , 2022 – Page 2 Vice-Chair Moreau asked about the election of officers for 2022. Director Garner stated that would be on the February meeting agenda. There being no further business, Vice-Chair Moreau adjourned the meeting at 9:15 a.m. Jeff Moreau, Vice-Chair Karin Swanlund, Recording Secretary Page 10 Town of Estes Park, Larimer County, Colorado, January 13, 2022 Minutes of a Regular meeting of the Comprehensive Plan Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held via ZOOM in said Town of Estes Park on January 13, 2022. Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members David Bangs, Charles Cooper, Eric Blackhurst, Kirby Nelson- Hazelton, John Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman, David Wolf, David Shirk, Matt Comstock Also Attending: Community Development Director Jessica Garner, Larimer County Community Development Director Lesli Ellis, Trustee Barbara MacAlpine, Planning Technician LauraJane Baur, Recording Secretary Karin Swanlund, Absent: none Vice-Chair Leavitt called the meeting to order at 9:00 a.m. Chair Heiser noted that he would be leaving the meeting early. APPROVAL OF AGENDA: The motion passed with a visual thumbs-up vote. PUBLIC COMMENT. None CONSENT AGENDA: Approval of Minutes from December 16, 2021 The motion passed with a visual thumbs-up vote. VISIONING (for full comments, view the meeting recording). Notes attached. Director Garner presented questions being considered to ask the public. These topics include: Growth and Planning Area (3-mile radius), Design Guidelines (residential and commercial), Commercial and Employment Areas, Economic Development, Year-Round Employment, Education and Childcare, Seasonal Traffic Issues, Bikability/Walkability, Short-Term Rentals, Housing Needs, Climate Change, Hazards and Natural Resources. The Committee agreed that all of these topics are important to the Comprehensive Plan, keeping in mind that it is an Advisory document and not the Development Code. Care should be taken with open-ended terminology. What else should we be thinking about/focusing on? OTHER In 2022, meetings will be on the second and fourth Thursdays of the month. The Spanish-speaking community engagement event will be on January 27 at the Community Center. There being no further business, Vice-Chair Leavitt adjourned the meeting at 11:00 a.m. Karin Swanlund, Recording Secretary Page 11 CompPAC – Dec 2, 2021 – Page 2 COMPAC meeting, Thursday, 01.13.2022 1. Should the Comp Plan consider a Growth Management Area to help prioritize and plan for future annexation areas, or future service areas? How should the Estes Valley Planning Area be used in the future? - Important topic to include – can’t expand into federal lands - Imperative for future of the valley, aligns w/state law - Need strong communication with Fed partners - Benefits of utilities & growth boundaries; good utility plan necessary - Protect the Valley, good & bad with density - Like looking outside, important for conversations with partners - Agree with Utility comments - Density – fire mitigation (issues to contend with…) - Good for communication, includes Pole Hill area - Desire for discussion to happen. 2. Design Guidelines were a controversial topic during stakeholder interviews (i.e. some people want consistency and a common feel, while others think that the eclectic mix of architectural styles creates character). How should the Comp Plan direct decision-makers in future design decisions? How far should the Comp Plan go versus leaving it up to Code updates or separate design standards? - Consistency with surrounding development is important - Support design – HOAs often do it. Commercial yes, especially downtown. Benefit to similar style. - Slippery slope – tie to practical issues like fire mitigation. - In Comp Plan now, but advisory - Inappropriate use of Comp Plan time, should use it for other items. - Agreed – 20-year plan and styles and bldg. materials will change and evolve - Some areas need it more than others and developers will want to improve design - Don’t feel strongly about it, but want to avoid bad design 3. What intensities and types of commercial and employment uses should be located outside of Downtown Estes? Would some non-residential uses be appropriate in unincorporated areas of the Valley? If yes, what and where? - Much debate about Town Hall and if it should stay in its current location - There should be commercial uses outside of Town, including industrial, as the backbone of the community and help to support the commercial base here. - It’s necessary, things are changing and we need to include it, but it’s hard to answer - Small pockets of zoning around the perimeter were removed, but there should be a possibility for commercial services outside of the main area of Town in limited quantities - No, they should be in Town except accommodations and commercial uses - Maybe limited industrial uses - Residents outside this area look at this from a different perspective- invasive 4. How aggressively should the Comp Plan exert a hand in economic development and attracting new industries (“if you market them they will come”)? Or is the Town’s role more in creating an attractive and desirable community w/ reliable infrastructure, services, housing options, and amenities (“if you build it they will come”)? - No, it shouldn’t be used for ED, EDC should do this - Commercial property is very limited here - Don’t target specific industries, but should look at the economic base and what should be included or not - Can outline percentages or square footage to allocate - Broomfield has a good section on ED focused on what’s needed to sustain facilities Page 12 CompPAC – Dec 2, 2021 – Page 3 - What are we intentionally excluding from the Plan, own our decisions and accept the outcome 5. What opportunities for year-round, living-wage employment do you wish were available in Estes? - We should have more, helps with sense of community and place and a more stable economy - This is significant, helps to be strategic and talk about limitations for businesses, and should be broader - Living wages and affordability are critical - Employment, economy, living wages are linked and affordability is crucial - What do we want that the market can’t provide? - Workforce is shrinking and blue-collar jobs out of season are hard to find- we need to balance the economy and include this in housing and ED considerations. 6. This normally is left to the educational system, but there may be important ways the Town/County can support K-12 and higher education through land use, social services, and infrastructure. What should the Town’s role or Comp Plan’s role be in education? Similarly, what is the appropriate role in providing childcare? - We should take an active role, hope is not a strategy - This is linked, we should discuss the implications for how people can stay in the community without it - Housing is needed- land donations or leases? - Need infrastructure to get students to school- sidewalks and regulatory barriers need to be reduced. - Need more resources in the community- the community center was supposed to have a center, and still doesn’t… 7. Are there thoughts on ways to address summer traffic? Ideas to consider could be exploring additional parking solutions, adding more parking, educational campaign for visitors/signage, invest in alternative transportation facilities, etc. - Plan should offer guidance and not be political- keep expanding the trolley schedule to keep traffic out of Town - Helps to secure grants and funding if included - Health benefits for expanding service - Coordinate with RMNP, west-side parking areas should be considered if more shuttles are provided in the park - Environmental effects should be taken into account 8. Where is it difficult to walk or bike in the Estes Valley? - Highway 7, infrastructure needed near Graves and schools generally, and downtown - Address where trails end and how to connect them, create loops and expand the trail system - Commuting is dangerous, especially on the west side of town 9. Are there thoughts on how to best address short-term rentals to balance economic benefit with the negative effects of short-term rentals (STRs)? - Should be part of the conversation, need to better understand the guidelines - Here to stay, concern over corporate ventures that buy houses, are they going to take more homes? - STRs in residential areas should be more dispersed and limited in scope - History of these in town, limiting is short-sighted, maybe they should be recognized as businesses and managed consistently 10. Does the current housing in Estes Valley meet your needs? How could housing better meet the needs of the local workforce? What are some opportunities or strategies to consider? How aggressive should the solutions be? - Unsustainable community model, people have nowhere to live. Untenable and blue-collar people are leaving - Need to subsidize with funding, land code changes for height variances, etc. Page 13 CompPAC – Dec 2, 2021 – Page 4 - Major issue for the Plan - Private enterprise has done a lot, especially with the density bonus. They need incentives and we need more public/private and creative solutions (real estate transfer tax, deed restrictions, cash, market solutions needed) 11. There is growing awareness, acceptance, and advocacy regarding climate change, and we have heard support that the plan address climate change head on. We can respond to climate change in two fundamental ways: By changing our lifestyle to reduce carbon emissions and increase carbon sinks (so that the climate doesn’t change as much), and bracing for and mitigating the potential impacts that will continue (because the climate has unavoidably changed already and may change more). How far should we go in both directions? What solutions would not be supported? - Address it head on, our impacts are minimal overall - Mitigation for what’s coming is needed - Equal emphasis on both questions, we can have an effect - Recent fires are a reminder of this, we need to embrace mitigation and encourage sustainable practices and lifestyles and be leaders as a community 12. Would you support stronger development regulations and/or ordinances that protect natural resources and improve preparedness for environmental threats such as wildfires and flooding? - Hazard identification could also complement where the growth boundaries may need to be - Be clear with terminology Page 14 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Joe Lockhart, Line Superintendent Kevin McEachern, Operations Manager Date: February 22, 2022 RE: Purchase Order for a 2019 John Deere Excavator $100,343.08, Budgeted. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Purchase____ QUASI-JUDICIAL YES NO Objective: Power and Communications staff seeks Town Board approval to purchase a 2019 John Deere 135G Excavator. Present Situation: Due to high volume of development and Capital Projects, Power and Communications has been renting this excavator for two years to make sure this piece of equipment works well, is needed and utilized enough to validate the purchase of one. Quotes were received from three vendors and are as follows: 4 Rivers Equipment, LLC 125 John Deere Dr Fort Collins, CO 80524 970-482-7154 $100,343.08 PMC (Power Motive Corporation) 5000 Vasquez Blvd. Denver, CO 303-355-5900 $157,556.5 Page 15 Wagner CAT. Caterpillar Model: 315GC Small Excavator 7260 Crossroads Blvd Windsor CO, 80550 970-556-0007 $192,000.00 Proposal: Staff recommends the lowest bid of the 2019 John Deere 135G Excavator from 4 Rivers Equipment, LLC. Advantages: • Adding this piece of Equipment would help keep Power & Communications on schedule with booked projects and future projects. • With purchasing this piece of equipment Power & Communications will no longer need to rent this equipment and it will pay for itself within a year. Disadvantages: • This purchase is expensive; however, the purchase of this Excavator will save us money from not renting it. Action Recommended: Power & Communications staff recommends authorization for the mayor to sign Purchase Order #38531 for the purchase of the 2019 John Deere 135G Excavator. Finance/Resource Impact: 502-7001-580.33-98 Power and Communications Fund $100,343.08 expenditure, $140,000 budgeted for 2022. This purchase will have a savings of $39,656.92. Level of Public Interest Low Attachments: 1. Purchase Order #38531 Page 16 PURCHASE ORDER TOWN OF ESTES PARK P.O. BOX 1200 ESTES PARK, COLORADO 80517 Phone (970) 586-5331 TO : 4 RIVERS EQUIPMENT LLC 125 JOHN DEERE DR SHIP TO: Town of Estes Park 615 ELM ROAD 1 PAGe38531 P.O. Nct; 2 / 10 / 2 2 DATE: FORT COLLINS, CO 80524 ESTES PARK, CO 80517 VENDOR NO. DELIVER BY CONFIRM BY 1 1.00 s SHIP VIA F.O.B. CONFIRM TO 0 122 AUTO & TRUCK ITEMS HICLE & EQUIP PURCHASES PLACEMENT FOR BACKHOE JD310SG of a 2019 John Deere AUTHORIZED BY ______________ _ TERMS REQUISITIONED BY Attachment 1 Page 17 Page 18 RESOLUTION 16-22 SETTING THE PUBLIC HEARING FOR A NEW HOTEL AND RESTAURANT LIQUOR LICENSE APPLICATION FOR BIRD’S NEST LLC DBA BIRD’S NEST BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT Liquor License, filed by BIRD’S NEST LLC, 1221 High Drive, Estes Park, Colorado, is February 1, 2022. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 8, 2022, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.70 miles, as measured from the center of the applicant's property. DATED this day of , 2022 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 19 Page 20 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Chris Eshelman, Water Superintendent; Christy Crosser, Grant Specialist; Joe Lockhart, Line Superintendent Date: February 22, 2022 RE: Resolution 17-22 Intergovernmental Agreement for a Grant to Upgrade Water Meters with the Bureau of Reclamation for $75,000, Budgeted (Mark all that apply) ☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: Staff seeks approval from the Town Board for an IGA with the Bureau of Reclamation (BOR), approving their WaterSMART Grant award to the Town of Estes Park. The grant funding will support financial stewardship and improve our operations. The funds will directly support our Smart Water Meter Installation Project. Present Situation: The Town of Estes Park Water Division submitted a grant to replace existing water meters with the newest smart water meters capable of connecting to the Town’s existing electric advanced metering infrastructure system (AMI). This project includes the costs of meters and the telemetry encoder receiver transmitter (ERT) for residential and commercial customers. Power and Communications’ Metering Group will install the meters. Power and Communications began building its AMI system in September of 2015, and these new water meters are compatible with P&C’s AMI system. We are eliminating drive-by meter reads because the AMI system reads smart meters. We will use the grant funds to accelerate the installation of water meters which in turn supports the goals of the Bureau of Reclamation to be good stewards of our natural resources and contribute to the economic health of this community. The AMI hardware and software systems is already in place. Page 21 Proposal: Staff proposes the acceptance of grant funds, $75,000, which will be matched with Water Division funds to purchase nearly 700 meters. Existing Meter Group staff will install the new meters. The financial support is needed as some existing meters are well past their useful life and are not “smart” meters. Other meters have failing batteries, approaching the end of their useful life. The infusion of federal financial assistance will allow the Water Division to address highest needs: replace meters with old batteries that will soon stop working resulting in non-functioning meters. Technology continues to improve even within the last few years and smart meters are more energy-efficient than the meters installed just 20 years ago. To date, the Water Division has replaced approximately 40% of the metering system with smart metering technology. This is an ongoing process and the necessary approach has been a strategic staggered approach to replace analog meters and older smart meters with the next generation of smart meters as funds are available. These federal funds will assist in accelerating the work. Smart meters support good stewardship of resources with their ability to flag water leaks; and they improve the Town’s energy efficiency by eliminating vehicle miles driven to collect monthly drive-by meter readings. Smart meters are up-to-date devices capable of collecting near real-time data for troubleshooting thus improving customer service. Advantages: ● Approving this IGA will support the purchase of additional meters for installation and lower rate pressures. ● This project supports the Town Board strategic objective to have reliable, efficient, and up-to-date infrastructure serving our community and customers. Disadvantages: ● A cost share is required; however, the Water Division has budgeted funds available to support this project. ● The project period for this grant ends December 31, 2023, requiring staff to complete this project by this date; however, a time extension could be requested. Action Recommended: Staff respectfully request the Board to approve this IGA with the BOR. Finance/Resource Impact: Current impact: 503-7000-580.33-34, Total project amount: $183,390 Grant share: $75,000 Town share: $108,390; budgeted Level of Public Interest Page 22 The level of public interest in this grant is low. Sample Motion: I move for the approval of Resolution 17-22. Attachments: 1.Resolution 17-22 2.Intergovernmental Agreement Page 23 RESOLUTION 17-22 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE BUREAU OF RECLAMATION FOR A GRANT TO UPGRADE WATER METERS WHEREAS, the Town Board desires to enter into the Intergovernmental Agreement referenced in the title of this resolution for the purpose of supporting the purchase and installation of smart meters. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves this intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 24 1. DATE ISSUED MM/DD/YYYY 02/07/2022 1a. SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed remain in effect unless specifically rescinded 2. CFDA NO. 15.507 -WaterSMART (Sustain and Manage America's Resources for Tomorrow) 3. ASSISTANCE TYPE Project Grant 4. GRANT NO. R22AP00130-00 Originating MCA # 4a. FAIN R22AP00130 6. PROJECT PERIOD From 7. BUDGET PERIOD From MMIDD/YYYY 02/07/2022 MMIDDIYYYY 02/07/2022 8. TITLE OF PROJECT (OR PROGRAM) Water Division Smart Meter Installation Project 9a. GRANTEE NAME AND ADDRESS ESTES PARK, TOWN OF PO BOX 1200 170 Macgregor Ave Estes Park, CO 80517-1200 10a. GRANTEE AUTHORIZING OFFICIAL Ms. Christy Crosser 170 MacGregor Avenue Utilities/Water Estes Park , CO 80517-1200 5. TYPE OF AWARD Other Sa. ACTION TYPE New Through Through MMIDD/YYYY 12/31/2023 MMIDD/YYYY 12/31/2023 NOTICE OF AWARD AUTHORIZATION (Legislation/Regulations) Omnibus Lands Management Act of 2009, P.L. 111-11, Part 9504, Section a 9b. GRANTEE PROJECT DIRECTOR Ms. Linda Swoboda PO BOX 1200 Estes Park, CO 80517 Phone: 970-577-4790 10b. FEDERAL PROJECT OFFICER Ms. ROBIN GRABER Bureau of Reclamation Denver Federal Center Water Resources and Planning Office Denver, CO 80215-1000 ALL AMOUNTS ARE SHOWN IN USD 11. APPROVED BUDGET (Excludes Direct Assistance) I Financial Assistance from the Federal Awarding Agency Only II Total project costs including grant funds and all other financial participation a. b. c. d. e. f. g. h. i. j. k. I. m. n. Salaries and Wages Fringe Benefits Total Personnel Costs Equipment Supplies Travel Construction Other Contractual ................................... $ ......... , .... , .................... $ ················$ ·························· .... .$ . ........................... ... $ ................................. $ . ........................... .... $ ................................. $ .... ............................ $ � TOTAL DIRECT COSTS � INDIRECT COSTS TOTAL APPROVED BUDGET Federal Share $ Non-Federal Share $ $ $ $ -- II 0.00 0.00 0.00 0.00 150,000.00 0.00 0.00 0.00 0.00 150,000.00 0.00 150,000.00 75,000.00 75,000.00 12. AWARD COMPUTATION a. Amount of Federal Financial Assistance (from item 11m) $ 75,000.00 b. Less Unobligated Balance From Prior Budget Periods $ 0.00 c. Less Cumulative Prior Award(s) This Budget Period $ 0.00 d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION I$ 75,000.00 13. Total Federal Funds Awarded to Date for Project Period I$ 75,000.00 14. RECOMMENDED FUTURE SUPPORT (Subject to the availability of funds and satisfactory progress of the project): YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS a. 2 $ d. 5 $ b. 3 $ e . 6 $ C. 4 $ f. 7 $ 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES: Ga. DEDUCTION b. ADDITIONAL COSTS C. MATCHING d. OTHER RESEARCH (Add/ Deduct Option) e. OTHER (See REMARKS) 16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING: a. The grant program legislatiot1 b The grant program regulations. C. This award notice including terms and conditions, if any, noted below under REMARKS. d Federal administrative requirements, cost principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system. REMARKS (Other Terms and Conditions Attached -• Yes QNo) See next page GRANTS MANAGEMENT OFFICIAL: Edmund Weakland, Grants Management Specialist Bureau of Reclamation Main Interior Building 84-27132, PO Box 25007 Denver, CO 80225-1000 Phone: 303-445-3757 17. VENDOR CODE 0071305391 LINE# FINANCIAL ACCT AMT OF FIN ASST 1 0051017719-00010 $75,000.00 18a. UEI START DATE 02/07/2022 EDMUND WEAKLAND Digitally signed by EDMUND WEAKLAND Date: 2022.02.07 14:48:37 -07'00' 18b. DUNS 078355450 19. CONG. DIST. 02 END DATE TAS ACCT PO LINE DESCRIPTION 12/31/2023 0680 R-DO-2021-000317 SWEP Town of Estes Park Attachment 2 Page 25 NOTICE OF AWARD (Continuation Sheet) REMARKS: No program income authorized. PAGE 2 of 3 GRANT NO. I DATE ISSUED 02/07/2022 R22AP00130-00 Recipients are NOT required to sign the Notice of Award or any other award document. Recipients indicate their acceptance of an award, including award terms and conditions, by starting work, drawing down funds, or accepting the award via electronic means. Recipient acceptance of an award carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in Reclamation taking one or more of the remedies and actions described in 2 CFR 200.339343. 2 Page 26 NOTICE OF AWARD (Continuation Sheet) Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type 02/07/2022 09/30/2022 Annual 10/01/2022 09/30/2023 Annual 10/01/2023 12/31/2023 Final Performance Progress Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type 02/07/2022 09/30/2022 Annual 10/01/2022 09/30/2023 Annual 10/01/2023 12/31/2023 Final 3 PAGE 3 of 3 GRANT NO. I DATE ISSUED 02/07/2022 R22AP00130-00 Reporting Period Due Date 12/29/2022 12/29/2023 04/29/2024 Reporting Period Due Date 12/29/2022 12/29/2023 04/29/2024 Page 27 AWARD ATTACHMENTS ESTES PARK, TOWN OF R22AP00 130-00 1.R22AP00 130 Estes Park Agreement Page 28 UNITED STATES DEPARTMENT OF THE INTERIOR ASSISTANCE AGREEMENT R22AP00130 Between Bureau of Reclamation And Town of Estes Park For Water Division Smart Meter Installation Project Page 1 of 50 Agreement Template (OJ /2021) Page 29 Page 2 of 50 TABLE OF CONTENTS I.OVERVIEW AND SCHEDULE ............................................................................................... 4 1.AUTHORITY ........................................................................................................................ 4 2.PUBLIC PURPOSE OF SUPPORT OR STIMULATION ................................................... 5 3.BACKGROUND AND OBJECTIVES ................................................................................. 5 4.PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY ....................................... 6 5.SCOPE OF WORK AND MILESTONES ............................................................................ 6 6.RESPONSIBILITY OF THE PARTIES ............................................................................... 7 7.BUDGET ............................................................................................................................... 9 8.KEY PERSONNEL ............................................................................................................. 11 9.LIMITATION OF AUTHORITIES .................................................................................... 11 10.REPORTING REQUIREMENTS AND DISTRIBUTION .............................................. 12 11.REGULATORY COMPLIANCE ..................................................................................... 15 II.RECLAMATION STANDARD TERMS AND CONDITIONS ............................................ 16 1.REGULATIONS .................................................................................................................. 16 2.PAYMENT .......................................................................................................................... 16 3.PROCUREMENT STANDARDS (2 CFR 200.317 through 200.327) ............................... 20 4.EQUIPMENT (2 CFR 200.313) .......................................................................................... 31 5.SUPPLIES (2 CFR 200.314) ............................................................................................... 33 6.INSPECTION ...................................................................................................................... 33 7.AUDIT REQUIREMENTS (2 CFR 200.501) ..................................................................... 33 8.REMEDIES FOR NONCOMPLIANCE (2 CFR 200.339) ................................................. 35 9.TERMINATION (2 CFR 200.340) ...................................................................................... 35 10.DEBARMENT AND SUSPENSION (2 CFR 1400) ......................................................... 36 11.DRUG-FREE WORKPLACE (2 CFR 182 and 1401) ...................................................... 36 12.ASSURANCES AND CERTIFICATIONS IN CORPORA TED BY REFERENCE ........ 36 13.COVENANT AGAINST CONTINGENT FEES .............................................................. 37 14.TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) ................... 37 15.NEW RESTRICTIONS ON LOBBYING (43 CFR 18) .................................................... 39 16.UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) ................................................. 39 Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 30 Page 3 of 50 17.SYSTEM FOR A WARD MANAGEMENT and Universal Identifier Requirements (2 CFR 25, Appendix A) ........................................................................................................ 40 18.PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING ............................................. 41 19.REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (2 CFR 170 APPENDIX A) ................................................................................................................... 42 20.RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) ....................... 44 21.REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200) .................................................. 45 22. CONFLICTS OF INTEREST ............................................................................................. 47 23. DATA AVAILABILITY .................................................................................................... 48 24. PROHIBITION ON PROVIDING FUNDS TO THE ENEMY ........................................ 48 25.ADDITIONAL ACCESS TO RECIPIENT RECORDS .................................................... 49 26.PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT ........................................................... 49 III.DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS .............................................................................................................................. 50 Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 31 Financial Assistance Agreement Between Bureau of Reclamation And Town of Estes Park For Water Division Smart Meter Installation Project I.OVERVIEW AND SCHEDULE 1.AUTHORITY Page 4 of 50 This Financial Assistance Agreement (Agreement) is entered into between the United States of America, acting through the Department of the Interior, Bureau of Reclamation (Reclamation) and Town of Estes Park (Recipient), pursuant to Section 9504(a) of the SECURE WATER ACT, Subtitle F of Title IX of the OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009, Public Law 111-11 (42 U.S.C. 10364) (the "Act"). The following section, provided in full text, authorizes Reclamation to award this financial assistance agreement: SEC. 9504. WATER MANAGEMENT IMPROVEMENT. (a)Authorization of grants and cooperative agreements. (I) Authority of Secretary. The Secretary may provide any grant to, or enter into an agreement with, any eligible applicant to assist the eligible applicant in planning, designing, or constructing any improvement or carrying out any activity- ( A)to conserve water; (BJ to increase water use efficiency; (CJ to facilitate water markets; (D)to enhance water management, including increasing the use of renewable energy in the management and delivery of water; (E)to accelerate the adoption and use of advanced water treatment technologies to increase water supply; (F) to assist States and water users in complying with interstate compacts or reducing basin water supply-demand imbalances; (G)to achieve the prevention of the decline of species that the United States Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under the Endangered Species Act of 19 7 3 (16 US. C. 15 31 et seq.) ( or candidate species that are being considered by those agencies for such listing but are not yet the subject of a proposed rule); Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 32 Page 5 of 50 (HJ to achieve the acceleration of the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by Federal reclamation projects or are subject to a recovery plan or conservation plan under the Endangered Species Act of 19 7 3 (16 U.S. C. 15 31 et seq.) under which the Commissioner of Reclamation has implementation responsibilities; (1) to improve the condition of a natural feature; or (J)to carry out any other activity- (i)to address any climate-related impact to the water supply of the United States that increases ecological resiliency to the impacts of climate change; (ii)to prevent any water-related crisis or conflict at any watershed that has a nexus to a Federal reclamation project located in a service area; or (iii)to plan for or address the impacts of drought. 2.PUBLIC PURPOSE OF SUPPORT OR STIMULATION The proposed Water Division Smart Meter Installation Project (Project) will increase the reliability of water supplies and improve water management. 3.BACKGROUND AND OBJECTIVES The U.S. Department of the Interior's (Department) WaterSMART (Sustain and Manage America's Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department's priorities. Through WaterSMART, the Reclamation leverages Federal and non-Federal funding to work cooperatively with States, Tribes, and local entities as they plan for and implement actions to increase water supply sustainability through investments in existing infrastructure and attention to local water conflicts. Small-Scale Water Efficiency Projects provide support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad (E.O. 14008) and aligned with other priorities, such as those identified in Presidential Executive Order 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (E.O. 13985). Small-Scale Water Efficiency projects also support the goals of the Interagency Drought Relief Working Group established in March 2021 and the National Drought Resiliency Partnership. Drought conditions across the West impact a wide range of communities and sectors, including agriculture, cities, Tribes, the environment, recreation, hydropower producers, and others. The western United States is experiencing its worst drought this century-historic in both duration and severity -threatening to kill crops, spark wildfires, and harm public health. As of July, the U.S. Drought Monitor indicates that more than 93% of the land in nine of the Western states is in drought conditions, and nearly 60% of the area is experiencing extreme or exceptional drought. Through WaterSMAR T, Reclamation provides financial assistance to water managers for Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 33 Page 6 of 50 projects that seek to conserve and use water more efficiently and accomplish other benefits that contribute to sustainability in the Western United States. Through Small-Scale Water Efficiency Projects, Reclamation provides assistance to States, Tribes, irrigation districts, water districts, and other entities with water or power delivery authority to undertake small-scale water efficiency projects that have been prioritized through planning efforts led by the applicant. These projects conserve and use water more efficiently; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the western United States. The Town of Estes Park, located in Larimer County, Colorado, will upgrade 697 meters for residential and commercial customers with smart water meters capable of connecting to the Town's existing advanced metering infrastructure system. This smart metering technology will provide real-time water use statistics for billing and system monitoring purposes. The project is supported by the Town's 2021 Strategic Plan and Capital Improvement Plan. 4.PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY This Agreement becomes effective on the date shown in block 1 of the United States of America, Department of the Interior, Notice of Award (NOA). The Agreement shall remain in effect through the date shown in block 6 of the NOA. The project period for this Agreement may only be changed through written amendment of the Agreement by a Reclamation Grants Officer (GO). No legal liability on the part of the Government for any payment may arise until funds are made available, in writing, to the Recipient by a Reclamation GO. The total estimated project cost for this Agreement is $150,000.00 and the total estimated amount of federal funding is $75,000.00. The initial amount of federal funds available is limited to $75,000.00 as indicated by "Amount of Financial Assistance This Action" within block 12 of the NOA. Subject to the availability of Congressional appropriations, subsequent funds will be made available for payment through written amendments to this Agreement by a Reclamation GO. 5.SCOPE OF WORK AND MILESTONES Under this Agreement, the Recipient will install 697 Advanced Metering Infrastructure (AMI) smart water meters at existing residential and commercial locations. The project will be conducted within the Recipient's service area which includes the Town of Estes Park and unincorporated Larimer County, Colorado. The installations will be carried out at various locations within the service area, which is shown on the map included below. The Recipient shall include in its records the locations of the new meters and registers installed under this Agreement. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 34 -.... l��-G ,.,--..__�--y Esfs Park Water -Dirsion Service Area-!- 6.RESPONSIBILITY OF THE PARTIES 6.1 Recipient Responsibilities Page 7 of 50 6.1.1 The Recipient shall carry out the Scope of Work (SOW) in accordance with the terms and conditions stated herein. The Recipient shall adhere to Federal, state, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the SOW contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 35 Page 8 of 50 6.1.2 Interim Performance Reports. The Recipient shall prepare and submit to Reclamation interim Project performance reports (Interim Performance Reports) as required by Section I. IO of this Agreement. Each Interim Performance Report will include (but is not limited to) the information identified in paragraph I.I0.3 and will discuss the following: •A comparison of actual accomplishments to the milestones established by the financial assistance agreement for the reporting period •The reasons why established milestones were not met, if applicable •The status of milestones from the previous reporting period that were not met, if applicable •Whether the Project is on schedule and within the original cost estimate •Any additional pertinent information or issues related to the status of the Project 6.1.3 Final Project Report. The Recipient shall prepare and submit to Reclamation a final Project performance report (Final Project Report) as required by Section I.IO of this Agreement. The Final Project Report will include (but is not limited to) the information identified in paragraph I.10.3 and will discuss the following: •Whether the Project objectives and goals were met •The benefits to the recipient's water supply delivery system •Other benefits achieved through the project. Consider the following: o Whether the project has or will complement work done in collaboration with NRCS o The benefits to overall water supply reliability in the area Photographs documenting the project are also appreciated. Recipient understands that Reclamation may print photos with appropriate credit to Recipient. Recipient also understands that the Final Project Report is a public document and may be made available on Reclamation's website, www.usbr.gov/watersmart/. 6.1.4 Installation. The Recipient assumes responsibility for the installation of all type meters identified in the scope of work and costs associated with the installation are not reimbursable under this agreement. The Recipient will only report performance based upon installed meters. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 36 Page 9 of 50 6.2 Reclamation Responsibilities Reclamation will monitor and provide Federal oversight of activities performed under this Agreement. Monitoring and oversight includes review and approval of financial status and performance reports, payment requests, and any other deliverables identified as part of the SOW. Additional monitoring activities may include site visits, conference calls, and other on-site and off-site monitoring activities. At the Recipient's request, Reclamation may also provide technical assistance to the Recipient in support of the SOW and objectives of this Agreement. 7.BUDGET 7.1 Budget Estimate. The following is the estimated budget for this Agreement. As Federal financial assistance agreements are cost-reimbursable, the budget provided is for estimation purposes only. Final costs incurred under the budget categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this Agreement must be in accordance with any pre-award clarifications conducted between the Recipient and Reclamation, as well as with the terms and conditions of this Agreement. Final determination of the allowability, allocability, or reasonableness of costs incurred under this Agreement is the responsibility of the GO. Recipients are encouraged to direct any questions regarding allowability, allocability or reasonableness of costs to the GO for review prior to incurrence of the costs in question. BUDGET ITEM DESCRIPTION SUPPLIES/MATERIALS All Supplies and Materials TOT AL DIRECT COSTS TOT AL ESTIMATED PROJECT COST Agreement #R22AP00130-Town of Estes Park TOTAL COST $150,000.00 $150,000.00 $150,000.00 Agreement Template (01/2021) Page 37 Page 10 of 50 7.2 Cost Sharing Requirement At least 50% non-Federal cost share is required for costs incurred under this Agreement. Based on the budget estimate reflected in Section 7.1 above, the estimated Federal share of allowable costs is 50% ($75,000.00) and the Recipient's estimated non-Federal cost share is 50% ($75,000.00). The Federal share of allowable costs shall not be expended in advance of the Recipient's non-Federal share. It is expected that expenditure of Federal and non-Federal funds based upon the cost share percentage above shall occur concurrently. If a bona fide need arises which requires the expenditure of Federal funds in advance of the Recipient share, then the Recipient must request written approval from the GO prior to the expenditure. Recipient's may expend their agreed upon share of costs in advance of the expenditure of Federal funds without prior written approval. 7.3 Pre-Award Incurrence of Costs The Recipient is not authorized to incur costs prior to the award of this Agreement. Costs incurred prior to the award of this Agreement are not allowable. 7.4 Allowable Costs Costs incurred for the performance of this Agreement must be allowable, allocable to the project, and reasonable. The following regulations, codified within the Code of Federal Regulations (CFR), governs the allowability of costs for Federal financial assistance: 2 CFR 200 Subpart E, "Cost Principles" Expenditurs for the performance of this Agreement must conform to the requirements within this CFR. The Recipient must maintain sufficient documentation to support these expenditures. Questions on the allowability of costs should be directed to the GO responsible for this Agreement. The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the expiration date stated in the Agreement. The only costs which are authorized for a period of up to 120 days following the project period are those strictly associated with closeout activities for preparation of the final reports. 7 .5 Revision of Budget and Program Plans In accordance with 2 CFR 200.308(h) the recipient must request prior written approval for any of the following changes: (a)A change in the approved scope of work or associated tasks, even if there is no associated budget revisions. (b)Revisions which require additional Federal funds to complete the project. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 38 Page 11 of 50 ( c)Revisions which involve specific costs for which prior written approval requirements may be imposed consistent with 0MB cost principles listed in 2 CFR 200 Subpart E "Cost Principles". 7 .6 Amendments Any changes to this Agreement shall be made by means of a written amendment. Reclamation may make changes to the Agreement by means of a unilateral amendment to address changes in address, no-cost time extensions, changes to Key Personnel, the addition of previously agreed upon funding, or administrative corrections which do not impact the terms and conditions of this agreement. Additionally, a unilateral amendment may be utilized by Reclamation if it should become necessary to suspend or terminate the Agreement in accordance with 2 CFR 200.340. All other changes shall be made by means of a bilateral amendment to the Agreement. No oral statement made by any person, or written statement by any person other than the GO, shall be allowed in any manner or degree to amend, modify or otherwise effect the terms of the Agreement. All requests for amendment of the Agreement shall be made in writing, provide a full description of the reason for the request, and be sent to the attention of the GO. Any request for project period extension shall be made at least 45 days prior to the end of the project period of the Agreement or the project period date of any extension that may have been previously granted. Any determination to extend the project period or to provide follow-on funding for continuation of a project is solely at the discretion of Reclamation. 8.KEY PERSONNEL The Recipient's Project Manager for this Agreement shall be: Linda Swoboda, Project Manager Utilities Department PO Box 1200 Estes Park CO 8051 7 lswoboda@estes.org 970-577-4 790 9.LIMITATION OF AUTHORITIES 9.1 Grants Officer (GO). The Reclamation GO is the only official with legal delegated authority to represent Reclamation. The Reclamation GO's responsibilities include, but are not limited to, the following: (a)Formally obligate Reclamation to expend funds or change the funding level of the Agreement; (b)Approve through formal amendment changes in the scope of work and/or budget; Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 39 ( c)Approve through formal amendment any increase or decrease in the period of performance of the Agreement; Page 12 of 50 ( d)Approve through formal amendment changes in any of the expressed terms, conditions, or specifications of the Agreement; ( e)Be responsible for the overall administration, management, and other non-programmatic aspects of the Agreement including, but not limited to, interpretation of financial assistance statutes, regulations, circulars, policies, and terms of the Agreement; Where applicable, ensures that Reclamation complies with the administrative requirements required by statutes, regulations, circulars, policies, and terms of the Agreement. 9.2 Grants Management Specialist (GMS). The Reclamation Grants Management Specialist (GMS) is the primary administrative point of contact for this agreement and should be contacted regarding issues related to the day-to-day management of the agreement. Requests for approval regarding the terms and conditions of the agreement, including but not limited to amendments and prior approval, may only be granted, in writing, by a Reclamation GO. Please note that for some agreements, the Reclamation GO and the Reclamation GMS may be the same individual. 10.REPORTING REQUIREMENTS AND DISTRIBUTION 10.1 Noncompliance. Failure to comply with the reporting requirements contained in this Agreement may be considered a material noncompliance with the terms and conditions of the award. Noncompliance may result in withholding of payments pending receipt of required reports, denying both the use of funds and matching credit for all or part of the cost of the activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 2 CFR 200.340. 10.2 Financial Reports. Federal Financial Reports shall be submitted by means of the SF-425 and shall be submitted according to the Report Frequency and Distribution schedule below. All financial reports shall be signed by an Authorized Certifying Official for the Recipient's organization. 10.3 Monitoring and Reporting Program Performance. (a)Monitoring by the non-Federal entity. The non-Federal entity is responsible for oversight of the operations of the Federal award supported activities. The non-Federal entity must monitor its activities under Federal awards to assure compliance with applicable Federal requirements and performance expectations are being achieved. Monitoring by the non Federal entity must cover each program, function or activity. See also 2 CFR 200.332 Requirements for pass-through entities. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 40 Page 13 of 50 (b)Non-construction performance reports. The Federal awarding agency must use standard, OMB-approved data elements for collection of performance information (including performance progress reports, Research Performance Progress Report, or such future collections as may be approved by 0MB and listed on the 0MB Web site). (1)The non-Federal entity must submit performance reports at the interval required by the Federal awarding agency or pass-through entity to best inform improvements in program outcomes and productivity. Intervals must be no less frequent than annually nor more frequent than quarterly except in unusual circumstances, for example where more frequent reporting is necessary for the effective monitoring of the Federal award or could significantly affect program outcomes. Annual reports must be due 90 calendar days after the reporting period; quarterly or semiannual reports must be due 30 calendar days after the reporting period. Alternatively, the Federal awarding agency or pass-through entity may require annual reports before the anniversary dates of multiple year Federal awards. The final performance report will be due 120 calendar days after the period of performance end date. If a justified request is submitted by a non-Federal entity, the Federal agency may extend the due date for any performance report. (2)The non-Federal entity must submit performance reports using OMB-approved govemmentwide standard information collections when providing performance information. As appropriate in accordance with above mentioned information collections, these reports will contain, for each Federal award, brief information on the following unless other collections are approved by 0MB: (i)A comparison of actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) may be required if that information will be useful. Where performance trend data and analysis would be informative to the Federal awarding agency program, the Federal awarding agency should include this as a performance reporting requirement. (ii)The reasons why established goals were not met, if appropriate. (iii)Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. (c)Construction performance reports. For the most part, onsite technical inspections and certified percentage of completion data are relied on heavily by Federal awarding agencies and pass-through entities to monitor progress under Federal awards and subawards for construction. The Federal awarding agency may require additional performance reports only when considered necessary. ( d)Significant developments. Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, the Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 41 Page 14 of 50 non-Federal entity must inform the Federal awarding agency or pass-through entity as soon as the following types of conditions become known: (1)Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. (2)Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned. Reclamation requires Performance reporting for all financial assistance awards, both Construction and non-Construction. Performance reports for Construction agreements shall meet the same minimum requirements outlined in paragraph (b )(2) above. 10.4 Report Frequency and Distribution. The following table sets forth the reporting requirements for this Agreement. Please note the first report due date listed for each type of report. Required Reports Interim Reports Performance Report No specific format required. See content requirements within Section 10.3 and any Format program specific reporting requirements identified in Section 6.1 of this Agreement. Reporting Annual Frequency Reporting Period The Federal Fiscal Year, October 1 through September 30. Due Date For Annual Reporting: Within 90 days after the end of the Reporting Period. First Report Due The first performance report is due for Date reporting period ending 09/30/2022. sha-dro-fao11erations@usbr.gov Submit to: or GrantSolutions Agreement #R22AP00130-Town of Estes Park Final Report Summary of activities completed during the entire period of performance is required. See content requirements within Section 10.3 and any program specific reporting requirements identified in Section 6.1 of this Agreement. Final Report due within 120 days after the end of the period of performance. Entire period of performance Final Report due within 120 days after the end of the period of performance or completion of the project. NIA sha-dro-fao11erations@usbr.gov or GrantSolutions Agreement Template (01/2021) Page 42 Page 15 of 50 Federal Financial Report Format SF-425 (all sections must be completed) SF-425(all sections must be completed) Final Report due within 120 days Reporting Annual after the end of the period of Frequency performance or completion of the project. Reporting Period The Federal Fiscal Year, October 1 Entire period of performance through September 30. Final Report due within 120 days Due Date For Annual Reporting: Within 90 days after the end of the period of after the end of the Reporting Period. performance or completion of project. First Report Due The first Federal financial report is due NIA Date for reporting period ending 09/30/2022. sha-dro-fao12erations@usbr.gov sha-dro-fao12erations@usbr.gov Submit to: or or GrantSolutions GrantSolutions 11.REGULATORY COMPLIANCE The Recipient agrees to comply or assist Reclamation with all regulatory compliance requirements and all applicable state, Federal, and local environmental and cultural and paleontological resource protection laws and regulations as applicable to this project. These may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. If the Recipient begins project activities that require environmental or other regulatory compliance approval prior to receipt of written notice from a Reclamation GO that all such clearances have been obtained, then Reclamation reserves the right to initiate remedies for non-compliance as defined by 2 CFR 200.340 up to and including unilateral termination of this agreement. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 43 II.RECLAMATION ST AND ARD TERMS AND CONDITIONS 1.REGULATIONS Page 16 of 50 The regulations at 2 CFR Subtitle A, Chapter II, Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", are hereby incorporated by reference as though set forth in full text. Failure of a Recipient to comply with any applicable regulation or circular may be the basis for withholding payments for proper charges made by the Recipient and/or for termination of support. 2.PAYMENT 2.1 Payment (2 CFR 200.305). (a)For states, payments are governed by Treasury-State Cash Management Improvement Act (CMIA) agreements and default procedures codified at 31 CFR part 205 and Treasury Financial Manual (TFM) 4A-2000, "Overall Disbursing Rules for All Federal Agencies". (b)For non-Federal entities other than states, payments methods must minimize the time elapsing between the transfer of funds from the United States Treasury or the pass-through entity and the disbursement by the non-Federal entity whether the payment is made by electronic funds transfer, or issuance or redemption of checks, warrants, or payment by other means. See also §200.302(b )(6). Except as noted elsewhere in this part, Federal agencies must require recipients to use only OMB-approved, govemmentwide information collection requests to request payment. (1)The non-Federal entity must be paid in advance, provided it maintains or demonstrates the willingness to maintain both written procedures that minimize the time elapsing between the transfer of funds and disbursement by the non-Federal entity, and financial management systems that meet the standards for fund control and accountability as established in this part. Advance payments to a non-Federal entity must be limited to the minimum amounts needed and be timed to be in accordance with the actual, immediate cash requirements of the non-Federal entity in carrying out the purpose of the approved program or project. The timing and amount of advance payments must be as close as is administratively feasible to the actual disbursements by the non-Federal entity for direct program or project costs and the proportionate share of any allowable indirect costs. The non-Federal entity must make timely payment to contractors in accordance with the contract provisions. (2)Whenever possible, advance payments must be consolidated to cover anticipated cash needs for all Federal awards made by the Federal awarding agency to the recipient. (i)Advance payment mechanisms include, but are not limited to, Treasury check and electronic funds transfer and must comply with applicable guidance in 31 CFR part 208. (ii)Non-Federal entities must be authorized to submit requests for advance payments and reimbursements at least monthly when electronic fund transfers are not used, Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 44 Page 17 of 50 and as often as they like when electronic transfers are used, in accordance with the provisions of the Electronic Fund Transfer Act (15 U.S.C. 1693-1693r). (3)Reimbursement is the preferred method when the requirements in this paragraph (b) cannot be met, when the Federal awarding agency sets a specific condition per §200.208, or when the non-Federal entity requests payment by reimbursement. This method may be used on any Federal award for construction, or if the major portion of the construction project is accomplished through private market financing or Federal loans, and the Federal award constitutes a minor portion of the project. When the reimbursement method is used, the Federal awarding agency or pass-through entity must make payment within 30 calendar days after receipt of the billing, unless the Federal awarding agency or pass-through entity reasonably believes the request to be improper. (4)If the non-Federal entity cannot meet the criteria for advance payments and the Federal awarding agency or pass-through entity has determined that reimbursement is not feasible because the non-Federal entity lacks sufficient working capital, the Federal awarding agency or pass-through entity may provide cash on a working capital advance basis. Under this procedure, the Federal awarding agency or pass-through entity must advance cash payments to the non-Federal entity to cover its estimated disbursement needs for an initial period generally geared to the non-Federal entity's disbursing cycle. Thereafter, the Federal awarding agency or pass-through entity must reimburse the non-Federal entity for its actual cash disbursements. Use of the working capital advance method of payment requires that the pass-through entity provide timely advance payments to any subrecipients in order to meet the subrecipient's actual cash disbursements. The working capital advance method of payment must not be used by the pass-through entity if the reason for using this method is the unwillingness or inability of the pass-through entity to provide timely advance payments to the subrecipient to meet the subrecipient's actual cash disbursements. (5)To the extent available, the non-Federal entity must disburse funds available from program income (including repayments to a revolving fund), rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments. (6)Unless otherwise required by Federal statutes, payments for allowable costs by non Federal entities must not be withheld at any time during the period of performance unless the conditions of §200.208, subpart D of this part, including §200.339, or one or more of the following applies: (i)The non-Federal entity has failed to comply with the project objectives, Federal statutes, regulations, or the terms and conditions of the Federal award. (ii)The non-Federal entity is delinquent in a debt to the United States as defined in 0MB Circular A-129, "Policies for Federal Credit Programs and Non-Tax Receivables." Under such conditions, the Federal awarding agency or pass through entity may, upon reasonable notice, inform the non-Federal entity that payments must not be made for financial obligations incurred after a specified Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 45 Page 18 of 50 date until the conditions are corrected or the indebtedness to the Federal Government is liquidated. (iii)A payment withheld for failure to comply with Federal award conditions, but without suspension of the Federal award, must be released to the non-Federal entity upon subsequent compliance. When a Federal award is suspended, payment adjustments will be made in accordance with §200.343. (iv)A payment must not be made to a non-Federal entity for amounts that are withheld by the non-Federal entity from payment to contractors to assure satisfactory completion of work. A payment must be made when the non-Federal entity actually disburses the withheld funds to the contractors or to escrow accounts established to assure satisfactory completion of work. (7)Standards governing the use of banks and other institutions as depositories of advance payments under Federal awards are as follows. (i)The Federal awarding agency and pass-through entity must not require separate depository accounts for funds provided to a non-Federal entity or establish any eligibility requirements for depositories for funds provided to the non-Federal entity. However, the non-Federal entity must be able to account for funds received, obligated, and expended. (ii)Advance payments of Federal funds must be deposited and maintained in insured accounts whenever possible. (8)The non-Federal entity must maintain advance payments of Federal awards in interest bearing accounts, unless the following apply: (i)The non-Federal entity receives less than $250,000 in Federal awards per year. (ii)The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on Federal cash balances. (iii)The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non-Federal cash resources. (iv)A foreign government or banking system prohibits or precludes interest-bearing accounts. (9)Interest earned amounts up to $500 per year may be retained by the non-Federal entity for administrative expense. Any additional interest earned on Federal advance payments deposited in interest-bearing accounts must be remitted annually to the Department of Health and Human Services Payment Management System (PMS) through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. (i)For returning interest on Federal awards paid through PMS, the refund should: (A)Provide an explanation stating that the refund is for interest; (B)List the PMS Payee Account Number(s) (PANs); Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 46 Page 19 of 50 (C)List the Federal award number(s) for which the interest was earned; and (D)Make returns payable to: Department of Health and Human Services. (ii)For returning interest on Federal awards not paid through PMS, the refund should: (A)Provide an explanation stating that the refund is for interest; (B)Include the name of the awarding agency; (C)List the Federal award number(s) for which the interest was earned; and (D)Make returns payable to: Department of Health and Human Services. (10)Funds, principal, and excess cash returns must be directed to the original Federal agency payment system. The non-Federal entity should review instructions from the original Federal agency payment system. Returns should include the following information: (i)Payee Account Number (PAN), if the payment originated from PMS, or Agency information to indicate whom to credit the funding if the payment originated from ASAP, NSF, or another Federal agency payment system. (ii)PMS document number and subaccount(s), if the payment originated from PMS, or relevant account numbers if the payment originated from another Federal agency payment system. (iii)The reason for the return (e.g., excess cash, funds not spent, interest, part interest part other, etc.) (11)When returning funds or interest to PMS you must include the following as applicable: (i)For ACH Returns: Routing Number: 051036706 Account number: 303000 Bank Name and Location: Credit Gateway-ACH Receiver St. Paul, MN (ii)For Fedwire Returns 1 : Routing Number: 021030004 Account number: 75010501 Bank Name and Location: Federal Reserve Bank Treas NYC/Funds Transfer Division New York, NY 1 Please note that the organization initiating payment is likely to incur a charge from their Financial Institution for this type of payment. (iii)For International ACH Returns: Beneficiary Account: Federal Reserve Bank of New York/ITS (FRBNY/ITS) Bank: Citibank N.A. (New York) Swift Code: CITIUS33 Account Number: 36838868 Bank Address: 388 Greenwich Street, New York, NY 10013 USA Payment Details (Line 70): Agency Locator Code (ALC): 75010501 Name ( abbreviated when possible) and ALC Agency POC Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 47 Page 20 of 50 (iv)For recipients that do not have electronic remittance capability, please make check2 payable to: "The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HHS Program Support Center, P.O. Box 530231, Atlanta, GA 30353-0231 2Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account. (v)Questions can be directed to PMS at 877-614-5533 or PMSSupport@psc.hhs.gov. 2.2 Payment Method. Recipients must utilize the Department of Treasury Automated Standard Application for Payments (ASAP) payment system to request advance or reimbursement payments. ASAP is a Recipient-initiated payment and information system designed to provide a single point of contact for the request and delivery of Federal funds. ASAP is the only allowable method for request and receipt of payment. Recipient procedures must minimize the time elapsing between the drawdown of Federal funds and the disbursement for agreement purposes. In accordance with 2 CFR 25.200(b)(2) the Recipient shall "Maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. If the Recipient allows their SAM registration to lapse, the Recipient's accounts within ASAP will be automatically suspended by Reclamation until such time as the Recipient renews their SAM registration. 3.PROCUREMENT STANDARDS (2 CFR 200.317 through 200.327) §200.317 Procurements by States. When procuring property and services under a Federal award, a State must follow the same policies and procedures it uses for procurements from its non-Federal funds. The State will comply with §§200.321, 200.322, and 200.323 and ensure that every purchase order or other contract includes any clauses required by §200.327. All other non-Federal entities, including subrecipients of a State, must follow the procurement standards in §§200.318 through 200.327. §200.318 General procurement standards. (a)The non-Federal entity must use its own documented procurement procedures which reflect applicable State, local, and tribal laws and regulations, provided that the procurements conform to applicable Federal law and the standards identified in this part. (b)Non-Federal entities must maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 48 (c) Page 21 of 50 (1)The non-Federal entity must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity. (2)If the non-Federal entity has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the non-Federal entity must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the non-Federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. (d)The non-Federal entity's procedures must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. (e)To foster greater economy and efficiency, and in accordance with efforts to promote cost effective use of shared services across the Federal Government, the non-Federal entity is encouraged to enter into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services. (f)The non-Federal entity is encouraged to use Federal excess and surplus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (g)The non-Federal entity is encouraged to use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. Value engineering is a systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 49 Page 22 of 50 (h)The non-Federal entity must award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. See also 200.212 Suspension and debarment. (i)The non-Federal entity must maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (j) (1)The non-Federal entity may use a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of:(i) The actual cost of materials; and (ii)Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. (2)Since this formula generates an open-ended contract price, a time-and-materials contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must set a ceiling price that the contractor exceeds at its own risk. Further, the non-Federal entity awarding such a contract must assert a high degree of oversight in order to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls. (k)The non-Federal entity alone must be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes, and claims. These standards do not relieve the non-Federal entity of any contractual responsibilities under its contracts. The Federal awarding agency will not substitute its judgment for that of the non-Federal entity unless the matter is primarily a Federal concern. Violations of law will be referred to the local, state, or Federal authority having proper jurisdiction. §200.319 Competition. (a)All procurement transactions for the acquisition of property or services required under a Federal award must be conducted in a manner providing full and open competition consistent with the standards of this section and §200.320. (b)In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 50 Page 23 of 50 for such procurements. Some of the situations considered to be restrictive of competition include but are not limited to: (1)Placing unreasonable requirements on firms in order for them to qualify to do business; (2)Requiring unnecessary experience and excessive bonding; (3)Noncompetitive pricing practices between firms or between affiliated companies; (4)Noncompetitive contracts to consultants that are on retainer contracts; ( 5)Organizational conflicts of interest; (6)Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement; and (7)Any arbitrary action in the procurement process. (c)The non-Federal entity must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of bids or proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. (d)The non-Federal entity must have written procedures for procurement transactions. These procedures must ensure that all solicitations: ( 1)Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured and, when necessary, must set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equivalent" description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and (2)Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (e)The non-Federal entity must ensure that all prequalified lists of persons, firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. Also, the non-Federal entity must not preclude potential bidders from qualifying during the solicitation period. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 51 Page 24 of 50 (f)Noncompetitive procurements can only be awarded in accordance with §200.320(c). §200.320 Methods of procurement to be followed. The non-Federal entity must have and use documented procurement procedures, consistent with the standards of this section and §§200.317, 200.318, and 200.319 for any of the following methods of procurement used for the acquisition of property or services required under a Federal award or sub-award. (a)Informal procurement methods. When the value of the procurement for property or services under a Federal award does not exceed the simplified acquisition threshold (SAT), as defined in §200.1, or a lower threshold established by a non-Federal entity, formal procurement methods are not required. The non-Federal entity may use informal procurement methods to expedite the completion of its transactions and minimize the associated administrative burden and cost. The informal methods used for procurement of property or services at or below the SAT include: ( 1)Micro-purchases-(i) Distribution. The acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (See the definition of micro-purchase in §200.1). To the maximum extent practicable, the non-Federal entity should distribute micro-purchases equitably among qualified suppliers. (ii)Micro-purchase awards. Micro-purchases may be awarded without soliciting competitive price or rate quotations if the non-Federal entity considers the price to be reasonable based on research, experience, purchase history or other information and documents it files accordingly. Purchase cards can be used for micro-purchases if procedures are documented and approved by the non-Federal entity. (iii)Micro-purchase thresholds. The non-Federal entity is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures. The micro-purchase threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. Non-Federal entities may establish a threshold higher than the Federal threshold established in the Federal Acquisition Regulations (FAR) in accordance with paragraphs (a)(l )(iv) and (v) of this section. (iv)Non-Federal entity increase to the micro-purchase threshold up to $50,000. Non Federal entities may establish a threshold higher than the micro-purchase threshold identified in the FAR in accordance with the requirements of this section. The non-Federal entity may self-certify a threshold up to $50,000 on an annual basis and must maintain documentation to be made available to the Federal awarding agency and auditors in accordance with §200.334. The self- Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 52 Page 25 of 50 certification must include a justification, clear identification of the threshold, and supporting documentation of any of the following: (A)A qualification as a low-risk auditee, in accordance with the criteria in §200.520 for the most recent audit; (B)An annual internal institutional risk assessment to identify, mitigate, and manage financial risks; or, (C)For public institutions, a higher threshold consistent with State law. (v)Non-Federal entity increase to the micro-purchase threshold over $50,000. Micro-purchase thresholds higher than $50,000 must be approved by the cognizant agency for indirect costs. The non-federal entity must submit a request with the requirements included in paragraph (a)(l)(iv) of this section. The increased threshold is valid until there is a change in status in which the justification was approved. (2)Small purchases-(i) Small purchase procedures. The acquisition of property or services, the aggregate dollar amount of which is higher than the micro-purchase threshold but does not exceed the simplified acquisition threshold. If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the non-Federal entity. (ii)Simplified acquisition thresholds. The non-Federal entity is responsible for determining an appropriate simplified acquisition threshold based on internal controls, an evaluation of risk and its documented procurement procedures which must not exceed the threshold established in the FAR. When applicable, a lower simplified acquisition threshold used by the non-Federal entity must be authorized or not prohibited under State, local, or tribal laws or regulations. (b)Formal procurement methods. When the value of the procurement for property or services under a Federal financial assistance award exceeds the SAT, or a lower threshold established by a non-Federal entity, formal procurement methods are required. Formal procurement methods require following documented procedures. Formal procurement methods also require public advertising unless a non-competitive procurement can be used in accordance with §200.319 or paragraph ( c) of this section. The following formal methods of procurement are used for procurement of property or services above the simplified acquisition threshold or a value below the simplified acquisition threshold the non-Federal entity determines to be appropriate: (1)Sealed bids. A procurement method in which bids are publicly solicited and a firm fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. The sealed bids method is the preferred method for procuring construction, if the conditions. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 53 Page 26 of 50 (i)In order for sealed bidding to be feasible, the following conditions should be present: (A)A complete, adequate, and realistic specification or purchase description is available; (B)Two or more responsible bidders are willing and able to compete effectively for the business; and (C)The procurement lends itself to a firm fixed price contract and the selection of the successful bidder can be made principally on the basis of price. (ii)If sealed bids are used, the following requirements apply: (A)Bids must be solicited from an adequate number of qualified sources, providing them sufficient response time prior to the date set for opening the bids, for local, and tribal governments, the invitation for bids must be publicly advertised; (B)The invitation for bids, which will include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond; (C)All bids will be opened at the time and place prescribed in the invitation for bids, and for local and tribal governments, the bids must be opened publicly; (D)A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs must be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and (E)Any or all bids may be rejected if there is a sound documented reason. (2)Proposals. A procurement method in which either a fixed price or cost-reimbursement type contract is awarded. Proposals are generally used when conditions are not appropriate for the use of sealed bids. They are awarded in accordance with the following requirements: (i)Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Proposals must be solicited from an adequate number of qualified offerors. Any response to publicized requests for proposals must be considered to the maximum extent practical; (ii)The non-Federal entity must have a written method for conducting technical evaluations of the proposals received and making selections; (iii)Contracts must be awarded to the responsible offeror whose proposal is most advantageous to the non-Federal entity, with price and other factors considered; and Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 54 Page 27 of 50 (iv)The non-Federal entity may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby offeror's qualifications are evaluated and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms that are a potential source to perform the proposed effort. (c)Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1)The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold (see paragraph (a)(l) of this section); (2)The item is available only from a single source; (3)The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4)The Federal awarding agency or pass-through entity expressly authorizes a noncompetitive procurement in response to a written request from the non-Federal entity; or ( 5)After solicitation of a number of sources, competition is determined inadequate. §200.321 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b)Affirmative steps must include: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3)Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4)Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 55 Page 28 of 50 (5)Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6)Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b )(1) through ( 5) of this section. §200.322 Domestic preferences for procurements. (a)As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b)For purposes of this section: (1)"Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. §200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage ofrecovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. §200.324 Contract cost and price. (a)The non-Federal entity must perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract amendments. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the non-Federal entity must make independent estimates before receiving bids or proposals. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 56 Page 29 of 50 (b)The non-Federal entity must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. (c)Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the non-Federal entity under subpart E of this part. The non-Federal entity may reference its own cost principles that comply with the Federal cost principles. ( d)The cost plus a percentage of cost and percentage of construction cost methods of contracting must not be used. §200.325 Federal awarding agency or pass-through entity review. (a)The non-Federal entity must make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. This review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the non-Federal entity desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase. (b)The non-Federal entity must make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documents, such as requests for proposals or invitations for bids, or independent cost estimates, when: (1)The non-Federal entity's procurement procedures or operation fails to comply with the procurement standards in this part; (2)The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; (3)The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a "brand name" product; ( 4)The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement; or ( 5)A proposed contract amendment changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 57 Page 30 of 50 (c)The non-Federal entity is exempt from the pre-procurement review in paragraph (b) of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part. (1)The non-Federal entity may request that its procurement system be reviewed by the Federal awarding agency or pass-through entity to determine whether its system meets these standards in order for its system to be certified. Generally, these reviews must occur where there is continuous high-dollar funding, and third-party contracts are awarded on a regular basis; (2)The non-Federal entity may self-certify its procurement system. Such self certification must not limit the Federal awarding agency's right to survey the system. Under a self-certification procedure, the Federal awarding agency may rely on written assurances from the non-Federal entity that it is complying with these standards. The non-Federal entity must cite specific policies, procedures, regulations, or standards as being in compliance with these requirements and have its system available for review. §200.326 Bonding requirements. For construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements of the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. If such a determination has not been made, the minimum requirements must be as follows: (a)A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b)A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract. (c)A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. §200.327 Contract provisions. The non-Federal entity's contracts must contain the applicable provisions described in appendix II to this part. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014, and 85 FR 49506] Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 58 Page 31 of 50 4.EQUIPMENT (2 CFR 200.313) See also 200.439 Equipment and other capital expenditures. (a)Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a Federal award will vest upon acquisition in the non-Federal entity. Unless a statute specifically authorizes the Federal agency to vest title in the non-Federal entity without further obligation to the Federal Government, and the Federal agency elects to do so, the title must be a conditional title. Title must vest in the non-Federal entity subject to the following conditions: (1)Use the equipment for the authorized purposes of the project during the period of performance, or until the property is no longer needed for the purposes of the project. (2)Not encumber the property without approval of the Federal awarding agency or pass through entity. (3)Use and dispose of the property in accordance with paragraphs (b), (c) and (e) of this section. (b)A state must use, manage and dispose of equipment acquired under a Federal award by the state in accordance with state laws and procedures. Other non-Federal entities must follow paragraphs ( c) through ( e) of this section. (c)Use. (1)Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by the Federal award, and the non-Federal entity must not encumber the property without prior approval of the Federal awarding agency. When no longer needed for the original program or project, the equipment may be used in other activities supported by the Federal awarding agency, in the following order of priority: (i)Activities under a Federal award from the Federal awarding agency which funded the original program or project, then (ii)Activities under Federal awards from other Federal awarding agencies. This includes consolidated equipment for information technology systems. (2)During the time that equipment is used on the project or program for which it was acquired, the non-Federal entity must also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use must be given to other programs or projects supported by Federal awarding agency that financed the equipment and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non-federally-funded programs or projects is also permissible. User fees should be considered if appropriate. (3)Notwithstanding the encouragement in 200.307 Program income to earn program income, the non-Federal entity must not use equipment acquired with the Federal award to Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 59 Page 32 of 50 provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment. (4)When acquiring replacement equipment, the non-Federal entity may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property. ( d)Management requirements. Procedures for managing equipment (including replacement equipment), whether acquired in whole or in part under a Federal award, until disposition takes place will, as a minimum, meet the following requirements: (1)Property records must be maintained that include a description of the property, a serial number or other identification number, the source of funding for the property (including the FAIN), who holds title, the acquisition date, and cost of the property, percentage of Federal participation in the project costs for the Federal award under which the property was acquired, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (2)A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. (3)A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft must be investigated. (4)Adequate maintenance procedures must be developed to keep the property in good condition. (5)If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. (e)Disposition. When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency, except as otherwise provided in Federal statutes, regulations, or Federal awarding agency disposition instructions, the non-Federal entity must request disposition instructions from the Federal awarding agency if required by the terms and conditions of the Federal award. Disposition of the equipment will be made as follows, in accordance with Federal awarding agency disposition instructions: (1)Items of equipment with a current per unit fair market value of $5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency. (2)Except as provided in 200.312 Federally-owned and exempt property, paragraph (b ), or if the Federal awarding agency fails to provide requested disposition instructions within 120 days, items of equipment with a current per-unit fair-market value in excess of $5,000 may be retained by the non-Federal entity or sold. The Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. If the equipment is sold, the Federal awarding agency may permit the Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 60 Page 33 of 50 non-Federal entity to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. (3)The non-Federal entity may transfer title to the property to the Federal Government or to an eligible third party provided that, in such cases, the non-Federal entity must be entitled to compensation for its attributable percentage of the current fair market value of the property. (4)In cases where a non-Federal entity fails to take appropriate disposition actions, the Federal awarding agency may direct the non-Federal entity to take disposition actions. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75884, Dec. 19, 2014] 5.SUPPLIES (2 CFR 200.314) See also 200.453 Materials and supplies costs, including costs of computing devices. (a)Title to supplies will vest in the non-Federal entity upon acquisition. Ifthere is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other Federal award, the non-Federal entity must retain the supplies for use on other activities or sell them, but must, in either case, compensate the Federal Government for its share. The amount of compensation must be computed in the same manner as for equipment. See 200.313 Equipment, paragraph ( e )(2) for the calculation methodology. (b)As long as the Federal Government retains an interest in the supplies, the non-Federal entity must not use supplies acquired under a Federal award to provide services to other organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Federal statute. 6.INSPECTION Reclamation has the right to inspect and evaluate the work performed or being performed under this Agreement, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If Reclamation performs inspection or evaluation on the premises of the Recipient or a sub-Recipient, the Recipient shall furnish and shall require sub-recipients to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. 7.AUDIT REQUIREMENTS (2 CFR 200.501) (a)Audit required. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program-specific audit conducted for that year in accordance with the provisions of this part. (b)Single audit. A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 61 Page 34 of 50 200.514 Scope of audit except when it elects to have a program-specific audit conducted in accordance with paragraph ( c) of this section. (c)Program-specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted in accordance with 200.507 Program-specific audits. A program-specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass through entity in the case of a subrecipient, approves in advance a program-specific audit. (d)Exemption when Federal awards expended are less than $750,000. A non-Federal entity that expends less than $750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 200.503 Relation to other audit requirements, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). (e)Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f)Subrecipients and Contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section 200.331 Subrecipient and contractor determinations sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. (g)Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. (h)For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre-award audits, monitoring during the agreement, and post award audits. See also 200.332 Requirements for pass-through entities. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 62 Page 35 of 50 [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75887, Dec. 19, 2014; 85 FR 49571, Aug. 13, 2020] 8.REMEDIES FOR NONCOMPLIANCE (2 CFR 200.339) 200.339 Remedies for noncompliance. If a non-Federal entity fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Federal awarding agency or pass-through entity may impose additional conditions, as described in 200.207 Specific conditions. If the Federal awarding agency or pass-through entity determines that noncompliance cannot be remedied by imposing additional conditions, the Federal awarding agency or pass-through entity may take one or more of the following actions, as appropriate in the circumstances. (a)Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more severe enforcement action by the Federal awarding agency or pass-through entity. (b)Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (c)Wholly or partly suspend or terminate the Federal award. ( d)Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations ( or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal awarding agency). (e)Withhold further Federal awards for the project or program. (f)Take other remedies that may be legally available. 9.TERMINATION (2 CFR 200.340) (a)The Federal award may be terminated in whole or in part as follows: (1)By the Federal awarding agency or pass-through entity, if a non-Federal entity fails to comply with the terms and conditions of a Federal award; (2)By the Federal awarding agency or pass-through entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; (3)By the Federal awarding agency or pass-through entity with the consent of the non Federal entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; (4)By the non-Federal entity upon sending to the Federal awarding agency or pass through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or pass-through entity determines in the case of partial termination that the reduced or modified portion of the Federal award Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 63 Page 36 of 50 or subaward will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or pass-through entity may terminate the Federal award in its entirety; or (5)By the Federal awarding agency or pass-through entity pursuant to termination provisions included in the Federal award. (b)When a Federal award is terminated or partially terminated, both the Federal awarding agency or pass-through entity and the non-Federal entity remain responsible for compliance with the requirements in 200.344 Closeout and 200.345 Post-closeout adjustments and continuing responsibilities. 10.DEBARMENT AND SUSPENSION (2 CFR 1400) The Department of the Interior regulations at 2 CFR 1400-Govemmentwide Debarment and Suspension (Nonprocurement), which adopt the common rule for the govemmentwide system of debarment and suspension for nonprocurement activities, are hereby incorporated by reference and made a part of this Agreement. By entering into this grant or cooperative Agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 1400, Subpart C, and agrees to include a similar term or condition in all lower-tier covered transactions. These regulations are available at http://www.gpoaccess.gov/ecfr/. 11.DRUG-FREE WORKPLACE (2 CFR 182 and 1401) The Department of the Interior regulations at 2 CFR 1401-Govemmentwide Requirements for Drug-Free Workplace (Financial Assistance), which adopt the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq, as amended) applicable to grants and cooperative agreements, are hereby incorporated by reference and made a part of this agreement. By entering into this grant or cooperative agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR 182. 12.ASSURANCES AND CERTIFICATIONS INCORPORATED BY REFERENCE The provisions of the Assurances, SF 424B or SF 424D as applicable, executed by the Recipient in connection with this Agreement shall apply with full force and effect to this Agreement. All anti-discrimination and equal opportunity statutes, regulations, and Executive Orders that apply to the expenditure of funds under Federal contracts, grants, and cooperative Agreements, loans, and other forms of Federal assistance. The Recipient shall comply with Title VI or the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and any program-specific statutes with anti-discrimination requirements. The Recipient shall comply with civil rights laws including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 64 Page 37 of 50 Such Assurances also include, but are not limited to, the promise to comply with all applicable Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing; the Hatch Act; Federal wage and hour laws and regulations and work place safety standards; Federal environmental laws and regulations and the Endangered Species Act; and Federal protection of rivers and waterways and historic and archeological preservation. 13.COVENANT AGAINST CONTINGENT FEES The Recipient warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and maintained by the Recipient for the purpose of securing Agreements or business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 14.TRAFFICKING VICTIMS PROTECTION ACT OF 2000 (2 CFR 175.15) Trafficking in persons. (a)Provisions applicable to a recipient that is a private entity. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not (I)Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2)Procure a commercial sex act during the period of time that the award is in effect; or (3)Use forced labor in the performance of the award or subawards under the award. (b)We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity - (I)Is determined to have violated a prohibition in paragraph a. I of this award term; or (2)Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a. I of this award term through conduct that is either: (i)Associated with performance under this award; or (ii)Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1400. (c)Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 65 Page 38 of 50 (1)Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or (2)Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: (i)Associated with performance under this award; or (ii)Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1400. ( d)Provisions applicable to any recipient. ( 1)You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. (2)Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: (i)Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (ii)Is in addition to all other remedies for noncompliance that are available to us under this award. (3)You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. (e)Definitions. For purposes of this award term: (1)"Employee" means either: (i)An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (ii)Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. (2)"Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3)"Private entity": (i)Means any entity other than a state, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 66 Page 39 of 50 (ii)Includes: (A)A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition oflndian tribe at 2 CFR 175.25(b ). (B)A for-profit organization. (4)"Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 15.NEW RESTRICTIONS ON LOBBYING (43 CFR 18) The Recipient agrees to comply with 43 CFR 18, New Restrictions on Lobbying, including the following certification: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or amendment of any Federal contract, grant, loan, or cooperative agreement. (b)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. ( c)The Recipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 16.UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (URA) (42 USC 4601 et seq.) (a)The Uniform Relocation Assistance Act (URA), 42 U.S.C. 4601 et seq., as amended, requires certain assurances for Reclamation funded land acquisition projects conducted by a Recipient that cause the displacement of persons, businesses, or farm operations. Because Reclamation funds only support acquisition of property or interests in property from willing Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 67 Page 40 of 50 sellers, it is not anticipated that Reclamation funds will result in any "displaced persons," as defined under the URA. (b)However, if Reclamation funds are used for the acquisition of real property that results in displacement, the URA requires Recipients to ensure that reasonable relocation payments and other remedies will be provided to any displaced person. Further, when acquiring real property, Recipients must be guided, to the greatest extent practicable, by the land acquisition policies in 42 U.S.C. 4651. ( c)Exemptions to the URA and 49 CFR Part 24 ( 1)The URA provides for an exemption to the appraisal, review and certification rules for those land acquisitions classified as "voluntary transactions." Such "voluntary transactions" are classified as those that do not involve an exercise of eminent domain authority on behalf of a Recipient, and must meet the conditions specified at 49 CFR 24.101 (b )(1 )(i)-(iv). (2)For any land acquisition undertaken by a Recipient that receives Reclamation funds, but does not have authority to acquire the real property by eminent domain, to be exempt from the requirements of 49 CFR Part 24 the Recipient must: (i)provide written notification to the owner that it will not acquire the property in the event negotiations fail to result in an amicable agreement, and; (ii)inform the owner in writing of what it believes to be the market value of the property (d)Review of Land Acquisition Appraisals. Reclamation reserves the right to review any land appraisal whether or not such review is required under the URA or 49 CFR 24.104. Such reviews may be conducted by the Department of the Interior's Appraisal Services Directorate or a Reclamation authorized designee. When Reclamation determines that a review of the original appraisal is necessary, Reclamation will notify the Recipient and provide an estimated completion date of the initial appraisal review. 17.SYSTEM FOR A WARD MANAGEMENT and Universal Identifier Requirements (2 CFR 25, Appendix A) A.Requirement for System for Award Management Unless you are exempted from this requirement under 2 CFR 25 .110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another Federal award term. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 68 Page 41 of 50 B.Requirement for unique entity identifier If you are authorized to make subawards under this award, you: 1.Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its unique entity identifier to you. 2.May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier. C.Definitions For purposes of this award term: 1.System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov). 2.Unique entity identifier means the identifier required for SAM registration to uniquely identify business entities. 3.Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a.A Governmental organization, which is a State, local government, or Indian Tribe; b.A foreign public entity; c.A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4.Subaward has the meaning given in 2 CFR 200.1. 5.Subrecipient has the meaning given in 2 CFR 200.1. 18.PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVING Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, was signed by President Barack Obama on October 1, 2009 (ref: http://edocket.access.gpo.gov/2009/pdf/E9-24203.pdf). This Executive Order introduces a Federal Government-wide prohibition on the use of text messaging while driving on official business or while using Government-supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or rented vehicles, government- Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 69 Page 42 of 50 owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on behalf of the government. 19.REPORTING SUBA WARDS AND EXECUTIVE COMPENSATION (2 CFR 170 APPENDIX A) I.Reporting Subawards and Executive Compensation. a.Reporting of first-tier subawards. 1.Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term). 2.Where and when to report. 1. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. 11.For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3.What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b.Reporting total compensation of recipient executives for non-Federal entities. 1.Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- 1.The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; 11.in the preceding fiscal year, you received- (A)80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards ), and (B)$25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, m.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 70 Page 43 of 50 2.Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i.As part of your registration profile at https://www.sam.gov. ii.By the end of the month following the month in which this award is made, and annually thereafter. c.Reporting of Total Compensation of Subrecipient Executives. 1.Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if- 1.in the subrecipient's preceding fiscal year, the subrecipient received- (A)80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B)$25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and 11.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2.Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: 1.To the recipient. 11.By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31 ), you must report any required compensation information of the subrecipient by November 30 of that year. d.Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: 1.Subawards, and 11.The total compensation of the five most highly compensated executives of any subrecipient. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 71 e.Definitions. For purposes of this award term: Page 44 of50 1.Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2.Non-Federal entity means all of the following, as defined in 2 CFR part 25: 1.A Governmental organization, which is a State, local government, or Indian tribe; 11.A foreign public entity; m.A domestic or foreign nonprofit organization; and, 1v. A domestic or foreign for-profit organization 3.Executive means officers, managing partners, or any other employees in management positions. 4.Subaward: 1.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. 11.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). m.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5.Subrecipient means a non-Federal entity or Federal agency that: 1.Receives a subaward from you (the recipient) under this award; and 11.Is accountable to you for the use of the Federal funds provided by the subaward. 6.Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). [85 FR 49526, Aug. 13, 2020] 20.RECIPIENT EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) (a)This award and employees working on this financial assistance agreement will be subject to the whistleblower rights and remedies in the pilot program on A ward Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239). (b)The Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C 4712. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 72 Page 45 of 50 ( c)The Award Recipient shall insert the substance of this clause, including this paragraph ( c ), in all subawards or subcontracts over the simplified acquisition threshold. 48 CFR 52.203-17 (as referenced in 48 CFR 3.908-9). 21.REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (APPENDIX XII to 2 CFR Part 200) 1.General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for A ward Management (SAM) that is made available in the designated integrity and performance system ( currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended ( 41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2.Proceedings About Which You Must Report Submit the information required about each proceeding that: a.Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b.Reached its final disposition during the most recent five-year period; and c.Is one of the following: ( 1)A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2)A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3)An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4)Any other criminal, civil, or administrative proceeding if: (i)It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii)It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 73 Page 46 of 50 (iii)The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3.Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4.Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5.Definitions For purposes of this award term and condition: a.Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability ( e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b.Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c.Total value of currently active grants, cooperative agreements, and procurement contracts includes- (1)Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2)The value of all expected funding increments under a Federal award and options, even if not yet exercised. [80 FR 43310, July 22, 2015, as amended at 85 FR 49582, Aug. 13, 2020] Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 74 22.CONFLICTS OF INTEREST (a)Applicability. Page 47 of 50 (1)This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements. (2)In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 2 CFR 200.318 apply. (b)Requirements. (1)Non-Federal entities must avoid prohibited conflicts of interest, including any significant financial interests that could cause a reasonable person to question the recipient's ability to provide impartial, technically sound, and objective performance under or with respect to a Federal financial assistance agreement. (2)In addition to any other prohibitions that may apply with respect to conflicts of interest, no key official of an actual or proposed recipient or subrecipient, who is substantially involved in the proposal or project, may have been a former Federal employee who, within the last one (1) year, participated personally and substantially in the evaluation, award, or administration of an award with respect to that recipient or subrecipient or in development of the requirement leading to the funding announcement. (3)No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public information regarding the evaluation, award, or administration of an award to that recipient or subrecipient or the development of a Federal financial assistance opportunity that may be of competitive interest to that recipient or subrecipient. (c)Notification. (1)Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR 200.112, Conflicts oflnterest. (2)Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The recipient is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by subrecipients. (d)Restrictions on Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 4 3 CFR Part 18 and 31 USC 13 52. ( e)Review Procedures. The Financial Assistance Officer will examine each conflict of interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement, and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 75 Page 48 of 50 ( f)Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies for Noncompliance, including suspension or debarment (see also 2 CFR Part 180). 23.DATA AVAILABILITY (a)Applicability. The Department of the Interior is committed to basing its decisions on the best available science and providing the American people with enough information to thoughtfully and substantively evaluate the data, methodology, and analysis used by the Department to inform its decisions. (b)Use of Data. The regulations at 2 CFR 200.315 apply to data produced under a Federal award, including the provision that the Federal Government has the right to obtain, reproduce, publish, or otherwise use the data produced under a Federal award as well as authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. ( c)Availability of Data. The recipient shall make the data produced under this award and any subaward(s) available to the Government for public release, consistent with applicable law, to allow meaningful third party evaluation and reproduction of the following: (i)The scientific data relied upon; (ii)The analysis relied upon; and (iii)The methodology, including models, used to gather and analyze data. 24.PROHIBITION ON PROVIDING FUNDS TO THE ENEMY (a)The recipient must- (1)Exercise due diligence to ensure that none of the funds, including supplies and services, received under this grant or cooperative agreement are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and; (2)Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract. (b)The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 76 Page 49 of 50 (c)The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 25.ADDITIONAL ACCESS TO RECIPIENT RECORDS (a)In addition to any other existing examination-of-records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations. (b)The substance of this clause, including this paragraph (b ), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. 26.PROHIBITION ON CERTAIN TELECOMMUNICATION AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Federal award recipients are prohibited from using government funds to enter contracts (or extend or renew contracts) with entities that use covered telecommunications equipment or services as described in section 889 of the 2019 National Defense Authorization Act. This prohibition applies even if the contract is not intended to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 77 Page 50 of 50 III.DEPARTMENT OF THE INTERIOR STANDARD AWARD TERMS AND CONDITIONS The Department of the Interior (DOI) Standard Award Terms and Conditions found at https://www.doi.gov/sites/doi.gov/files/uploads/doi-standard-award-terms-and-conditions effective-december-2-20 l 9-revised-june-19-2020.pdf are hereby incorporated by reference as though set forth in full text. These terms and conditions are in addition to the assurances and certifications made as part of the award and terms, conditions or restrictions reflected on this Agreement. Recipient acceptance of this Agreement carries with it the responsibility to be aware of and comply with all DOI terms and conditions applicable to this Agreement. The Recipient is responsible for ensuring their subrecipients and contractors are aware of and comply with applicable statutes, regulations, and agency requirements. Recipient and subrecipient failure to comply with the general terms and conditions outlined below and those directly reflected in this Agreement can result in the DOI taking one or more of remedies described in 2 Code of Federal Regulations parts 200.338 and 200.339. The DOI will notify the recipient whenever terms and conditions are updated to accommodate instances in the passage of a regulation or statute that requires compliance. Also, DOI will inform the Recipient of revised terms and conditions in the action of an Agreement amendment adding additional Federal funds. Reclamation will make such changes by issuing a Notice of Award amendment that describes the change and provides the effective date. Revised terms and conditions do not apply to the Recipient's expenditures of funds or activities the Recipient carries out before the effective date of the revised DOI terms and conditions. Agreement #R22AP00130-Town of Estes Park Agreement Template (01/2021) Page 78 Estes Park Housing Authority 15 April 2022 Ms.Jackie Williamson,Town Clerk Town of Estes Park P.O.Box 1200 Estes Park.CO $0517 Dear Ms.Williamson: The Estes Park 1-lousing Authority recommends extending both,Mr.William Pinkham and Mr. Pete Smith’s terms as commissioners for the Estes Park Housing Authority,for another five-year term.If approved by the Board of Trustees,Mr.Pinkharn will serve a five-year term commencing on february 1,2022 and expire on January 31,2027.Mr.Smith will serve a five-year term commencing on May 1,2022 and expire on April 30,2027.We respectively request the Board of Trustees accept our recommendation. The EPHA commissioners are confident that their commitment to otir board and to housing in this community will both compliment and mirror that of the Trustees. Should you have any questions or concerns on this matter,please do not hesitate to call. Sincerely, aomi M.Hawf Executive Director Estes Park Housing Authority (970)591 2535 nhawf@estes.org Page 79 Page 80 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 22, 2022 RE: Continuance Request, Resolution 19-22 and 20-22, Campbell Subdivision Preliminary Plat and Final Plat, TBD South Saint Vrain Avenue, Mark and Mary Campbell, Owner, CMS Planning & Development, c/o Frank Theis, Applicant Staff requests the Preliminary Plat and Final Plat applications for the Campbell Subdivision be continued from the February 22, 2022 to the March 8, 2022 Town Board meeting. Staff is working through some final details regarding required improvements. Page 81 Page 82 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1. MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 2.A, RESOLUTION 18-22 FIRST SUPPLEMENTAL CONDOMINIUM MAP, THE MEADOWS AT WILDFIRE CONDOMINIUMS, 1802 WILDFIRE ROAD, WILDFIRE HOMES LLC, APPLICANT.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3. APPLICANT.  The applicant makes their presentation. 4. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5. REBUTTAL. Page 83 2  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 6. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 84 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: February 22, 2022 RE: Resolution 18-22 First Supplemental Condominium Map, The Meadows at Wildfire Condominiums, 1802 Wildfire Road, Wildfire Homes LLC, Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an application for a Supplemental Map for one building within the Meadows at Wildfire Condominiums, and review for compliance with the Estes Park Development Code (EPDC). Present Situation: The subject property is legally described as Lot 1, Block 1 of Wildfire Homes Subdivision, and is 5.19± acres in size. The site is zoned RM- Multi-Family Residential. This is part of the “Wildfire” project, which consists of 43 total lots. One lot will be for office use, 14 lots for detached single-family homes, 26 lots for townhomes, and 2 lots for condominium projects including the subject condominium project, “The Meadows.” The Meadows received approval of a Preliminary Condominium Map and a Development Plan in late 2019. The condominium projects were approved as workforce housing, in accordance with the EPDC. Each of the nine buildings will contain eight condominium units. Development of the Meadows Condominiums is underway. A Condominium Map for Building F was approved by the Town Board on January 11, 2022. Each subsequent building involves a “Supplemental Map.” Page 85 Proposal: In order to comply with EPDC and Statutory requirements for condominiums, a Supplemental Map depicting the precise location of each building, along with scaled, dimensioned drawings of the interior layout of each, is filed for recordation in the records of the Larimer County Clerk and Recorder. This First Supplemental Map for Building E requires review and approval by the Town Board of Trustees. Advantages: • This proposal complies the applicable standards of the EPDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.” Disadvantages: None identified. Action Recommended: Staff recommends approval of Resolution 18-22. Finance/Resource Impact: Little or none. Level of Public Interest Low. The Community Development Department has not received any verbal or written public comments or inquiries to date. Sample Motion: I move to approve/deny Resolution 18-22. Attachments: 1. Resolution 18-22 2. Vicinity Map 3. Statement of Intent 4. Application Form 5. Supplemental Map Page 86 RESOLUTION 18-22 APPROVING THE FIRST SUPPLEMENTAL MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS, LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION WHEREAS, an application for the First Supplemental Map of The Meadows at Wildfire Condominiums, which legally establishes Condominium Building E, was filed by Wildfire Homes LLC (owner); and WHEREAS, the Meadows at Wildfire Condominiums, located on Lot 1, Block 1, Wildfire Homes Subdivision, and being within an RM (Multi-Family Residential) zoning district, has received approval of a Preliminary Condominium Map and a Development Plan as required by the Estes Park Development Code; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The First Supplemental Map for the Meadows at Wildfire Condominiums is hereby approved. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 87 Site Location LAKE ESTES BIG T H O M P S O N A V E DR Y G U L C H R D ELK TRAILCT RAV E N A V E WILDFIRERD LAKEFRON T S T LONE PINE DR G R A NDESTATES DR D E E R P ATH CT PINE LN RAVE N C I R HIGH PINE DR NORTH R ID G E LN BELLEV U E DR NOR T H L A K E A V E RE D TAIL HA WK DR OLYMPIANLN M A C CRACKEN L N GRAY HAWK CT MOU N T AI N V I L L A GELN BEACH LN RAVEN CT S O A RINGCIR AXELL RD 0 250 500 Feet -Town of Estes ParkCommunity Development Printed: 12/22/2021 Created By: Jeff Woeber Project Name: Project Description: The Meadow Condominiumsat Wildfire Condominium MapFor Illustrative Purposes Only Attachment 2 Page 88 STATEMENT OF INTENT First Supplemental Map of the Meadows at Wildfire Condominiums Lot 1, Block 1, Wildfire Homes Subdivision Building E The property owner of the proposed Condominium Subdivision is: Wildfire Homes LLC, PO Box 12, Glen Haven, CO 80532. This is the second Condominium Map for the Meadows at Wildfire which is located on Lot 1, Block 1 of the Wildfire Subdivision. The Wildfire Subdivision is a Town approved subdivision and is recorded at Reception No. 20200060501. The subdivision was recorded August 6, 2020. This second Condominium Map is just for Building E and since it follows the original Condominium Map it is a supplemental map. Several more supplemental Condominium Maps will follow for Buildings A, B, C, D, G, H and I. Future Condominium Maps may include more than one building. Lot 1, Block 1 has been annexed into the Town of Estes Park. The Annexation Map is recorded at Reception No. 20200060498. This Condominium Development is consistent with the previously approved Development Plan. Each Condominium Building will have 8 Units meeting the Estes Valley Development Code definition for Workforce Housing Units Please accept this STATEMENT OF INTENT, the APPLICATION, and the CONDOMINIUM MAP, itself (4 Sheets). The DECLARATION OF THE MEADOWS AT WILDFIRE CONDOMINIUMS is referenced on and was recorded with the previously approved Condominium Map for Building F. Thank you for your consideration of this submittal. Attachment 3 Page 89 • • • • • • • .-' .. Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat Minor Subdivision Plat Amended Plat General Information ESTES PARK PLANNING DEPARTM APPLICATION PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request 0Extension Condominium Map 0 Preliminary Map ® Final Map 0 Supplemental Map First Supplemental Map of the Meadows at Wildfire Condominiums • Lot 1, Block 1, Wildfire Homes Subdivfston Project Description Project Address Site lnformat1011 Final Condominium Map for Building E 1802 Wildfire Road Lot 1, Block 1, Wildfire Homes Subdivision 2520217001 Area of Disturbance in Acres -----------------------------Existing Land Use Multi Family Residential Condominiums Proposed Land Use Multi Family Residential Condominiums Existing Water Service [Z]Town D Well D None D Other (specify) Proposed Water Service 0Town D Well D None D Other (specify) Existing Sanitary Sewer Service D EPSD [Z] UTSD D Septic Proposed Sanitary Sewer Service D EPSD [ZI UTSD D Septic Is a sewer lift station required? D Yes [ZJ No Existing Gas Service [ZJ Xcel D Other D None □None Existing Zoning RM Proposed Zoning RM ----------------.1 Site Access (if not on public street) Wildfire Road (Public Street) Are there wetlands on the site? D Yes 0 No Primary Contact I nforrnat1on Attachments [Z] Application fee [Z] Statement of intent Digital Coples of plats/plans In TIFF or PDF format emailed to planning@estes.org [ZI 2 copies (folded) of plat or plan [ZI 11" X 17" reduced copy of plat or plan [Z] Sign Purchase ($10) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, lldfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park..,. P .0. Box 1200..,. 170 MacGregor Avenue..,. Estes Park, CO 80517 Community Development Deportment Phone: (9701577-3721 4' Fox: (9701 586-0249 -,,. www.estes.org/CommunityDeveJopment Revised 2020.04.23 ks Attachment 4 Page 90 Record Owner(s) Mark Westover, Wildfire Homes LLC Mailing Address PO Box 12, Glen Haven CO 80532 Phone 970-586-9342 Cell Phone 970-481-9821 Fax n/a Email Mark@westoverconstruction.com Applicant Same as owner MailingAddress _______________________________ �1Phone ----------------------------------11 Cell Phone ---------------------------------11 Fax ---------------------------------1 Email Consultant/Engineer Van Horn En ineerin and Surve ·n Inc. Mailing Address 1043 Fish Creek Road Phone 970-586-9388 Cell Phone 970-443-3271 (Lonnie Sheldon) Fax n/a Email lonnie@vanhornengineering.com APPLICA TION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningfom,s All reciuests for refunds must be made in writim::i. All fees are due at the time of submittal. MINERAL RIGHT CERTIF ICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Applicant PLEASE PRINT: Signatures: Record Owner Applicant Date Date Revised 2020.04.23 lcs Page 91 APPLICANT CERTIFICATION ►I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing the application I am acting with the knowledge and consent of the owners of the property. ►In submitting the application materials and signing this application agreement, I acknowledge and agree that the application is subject to the applicable processing and public hearing requirements set forth in the Estes Park Development Code (EPDC). ►I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the opportunity to consult the relevant provisions governing the processing of and decision on the application. The Estes Park Development Code is available online at: http://www.estes.org/DevCode ► I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC . ►I understand that this proposal may be delayed in processing by a month or more if the information provided is incomplete, inaccurate, or submitted after the deadline date. ►I understand that a resubmittal fee will be charged if my application is incomplete. ►The Community Development Department will notify the applicant in writing of the date on which the application is determined to be complete. ►I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to my property during the review of this application. ►I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet the deadlines shown on said schedule may result in my application or the approval of my application becoming null and void. I understand that full fees will be charged for the resubmittal of an application that has become null and void. Names: Applicant PLEASE PRINT: Signatures: 4/111/1✓0!!:-=Record Owner �� ... ,�-#-41,<&-........ �;....I ...... _�=---.....;;-=---======.:-------- Applicant ______________________ _ Date l'-1-.1...-4._,_�::.... ....... _4 Date Revised 2020.04.23 ks Page 92 FIRST SCALE: 1" = 60' SUPPLEMENTAL MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION LOCATED IN THE NORTHWEST ¼ OF SECTION 20, TOWNSHIP 5N, RANGE 72W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO I,_ LOT 17 � LOT 1 0 60 120 180 '\. 0.608 ACRES I � :2 ��' ��;\ I� : WILDFlRE SUBDMSION --- LEGEND 0 FOUND M0NUMENTATI0N ','�, � CENTERLINE OF I "F � '\ ,, RIGHT -OF-WAY .,.... p.J '" \ IN r--\ \\ \ L=91.89' i--. O FOUND \'i, \R=77.50' .6=67"56'04• Io b 1/4 REBAR WITH PLASTIC CAP 15760 LOT 2 \ \ �1 CHORD=S56"01'58"E 86.60' I� 1/z N00"'07'21"E a.so' FROM CORNER SET \ 1 11 s._ I BY WILDFlRE HOMES AN NEXATION Mf,p \ \ 11 I ......_ L� WILDFIRE SUBDMSION e #4 REBAR WITH PLASTIC Cf,p L.5269 74 TO BE SET AT LOT SALE ,._1_ -Hl-m--------�:-::_-=-=-7().85T=---:l -CH�;i}�3�g��:;}t�-ss ·1s .. , , ,--------------------1 l'v.i t:::-, r-------------- 7 -1B"f 267 47I II ' '/;i11 / 0 ALIQUOT OR GOV. A.P. MONUMENTATION 00.00 MEASURED OR CALCULATED DIMEN SION S p� %. -I lo r ,------��-+� ·=t��==--. I --�-7 •� G 1 --NeO"OO·OO"W-,5619'-45· -22·5 1;f�..-...:-..:--.:.-..;-:-:-�,----...,_ / I I ::0• L.:..._ --l------__ . - -j-..--: 15 ' _,_,_,____ FOUND ' ...J 110 I I WILDFIRE RD, o £p DRAINAGE ~---·~--. / j' .----r1-, 110 1----------------__ 22 ._,. �-------torstRJ.... • unu...... -------=_J (14 REBAR wIrH PLAsrIc CAP ·'=----..1=.I---.,,"------ · ------------• ...,_ -• --N"\ll/ EASE: 'r, AND 9485 S50"34'21 "W 0.89' FROM ' l=81.22' .,, :-.•-'f, �="'r-.. i ?I I i, .. , ''=· :I I , ·.,I ;,' :.:-1 1 : :: ... ;1; L--------�-------------MEN; ""' I VISTA RIDGE CORN ER SET BY WILDFlRE HOMES 1' ----1-· -n:it.L�_---------; s��o7•;��2:!9• --------------=====-� ........ .,,,.,. �-�-��!:; ... FOUND / ,,/ coNnos ANNEXATION MAP. : i jj • // L=101 91'. L_____ L -------°:""'�..__ -.,::::_#4 REBAR WITH -----/------._f--:_,. _/ / R=120.00' .6.=38"46'40" CHORD=N 82"12'38"w 79.68' 11:-_•, I I !:, I 1' J :J R=77.5o· .6=75'20'24" --R"'=970.o;�so.4:z• ----;:-,,--�=---..,PLASTIC CAP_�k/ -.--:: -;_ :--j f --,-.,�;---:--/�� rI /JI 1 1/ cHoRD=ss2'1e'48"w 94.72' CHoRo.,,,N80•15�;.:_:;47'Jo• _ �-.,--... __ -,,�......"1Yfl.JJF.';, l ·--....... __ ,:.-.. _, !-=-"--'��:--.-.:1------�1 '"/ I 249.72· ---15• -----"-� TJ?e ___ -�-:::.._,_ _.::J -------\'---__ .,,.,,.#.1 . 1 "' r _15 • 0""' -----;,_�� l?l) --------__ •-_____ _::,;,,--•:; , .,:-.::"'�-_ Ii'., ,1 I >,J . I I ' ,, _____ _: __ :_ _ _:_�:.__;;;./; I I ' ' I 1--------------------------;g / /#' I ---....f'��GC, uti -----��----------•-;__ �IG[f �-...:;:-..::-.;;;,,._;;;, ---� •CC ._._ ::.,:-_':�'�:'.::�=-l�,·:.�?: � -'------;:-_:---::;::; _ _;:-_:-_...::,-:___l---,,,) , __ -,' I'/ :.,I !ltt ,.a�Tr, A•• 7:,-/Jo•o �,,__ '1'-o,,, ��------ec.c-'l (,_ -- - - ' ---� ------'-----t:l':'_':'_':'_':'_':'_"""==--/ ,1 f-Ov;/ �::,,_lll',:-...;.•VD1 1 _t:.: ... �.__ .f"-t,,. -"-"i -t --¥-----=---'-" �:::::.. ---__ -_:::.!"'--________ -:.:..,.____ ---------//1,/ • � �,; 1 249 ----...--;;;,�'='-- ,,, ,A 'tr 1 --.;::.v:::._,_ I I --��\ ---�,_.,,_,.----------.,-,, -I ,69•----...•-- .c:t.,1 ------\ --�-__ _ ___ ,_._ -I --�f/ / / ,1---1-- � ------....... ..: ... , ... ';:;,_ 60.27'------=---) �-�---=--==-.,=-,:-.!'""::-=---60.02' __ ;:;..,,_,.._..,,.._.,_.:·-�1:>-oO'-----, ----. ,._ :, ''ITHE NEIGHBORHOOD SUBDIVISION :c / o',i' I -----._,;. _ , __ -,;-;."-•--5,•56 E / ' I/'!, -f ---,, .. _-,'\' ! / ��,r-I i ' ---, ... _ 20 DRAINAGE, UTILITY, AND _._,..,,_-----+OT I I .t-J o,·1 --' \ l-'7'<"--,,----..---.---.----,------------1 �cS';,.6', I· /7 / / / / ,, ------·••t;;::;.::;_";;.-�........... PEDESTRIAN EASEMENT ... -��--:,_ ____ ---i56�e. ,63."4 -ff"s;:;_•,'kl�,' �I --...........'s• �fi<'s ,1 ',. _J ej'I RI I r--_;---, EXISTING EDGE OF PAVEMENT---....._ I ! ' ! ' ! /7"'7--.,.._ -,.,....ll\,..,_--------L�i25,mi-,.R-4jb"'.'oo· �=29'59':35::--_:------,..,,5 ----;;;,57'56"E :1;;1;;11'g, �o,-" �Gl '1>-e (, 1: ('._� ____ _jt_-::_-::_-::_��;::��:;==:::'--,,;Hl7'GH""P"I .,.--:=_-:=_':.:_-:_-_-_L_-�...J...-1. DR. t----<�1---+--LON I PIN E LRES -+------f uJzt----,0: u,'---'-��'=-=�7'----_J'-/ z N. RIDGE LN. t----,J VISTA RIDGE CONDOS SUBJECT BUILDING E VICINITY MAP SURVEYOR'S NOTES: 1)THE SUBJECT PROPERTY CONTAINS 5.189 ACRES. DETAIL 1 =400 2)BASIS OF BEARINGS: BEARINGS ARE BASED OFF OF A PORTION OF THE SOUTH UNE OFTHE WILDFIRE HOMES SUBDIVISION AS MONUMENTED ON THE WEST BY A 3.25" G.L.O.BRASS CAP AND ON THE EAST BY A 2.5" G.L.O. BRASS CAP; SAID LINE HAVING A BEARINGOF N89"47'59"W AS MEASURED BY GPS OBSERVATION USING THE COLORADO STATE PLANESYSTEM, NORTH ZONE (AT GROUND).3)PROJECT COORDINATES: PROJECT COORDINATES ARE BASED OFlF OF RESULTANT STATEPLANE COORDINATES BEING SCALED UP TO GROUND USING A GROUND SCALE FACTOR OF1.0004008883 FROM GRID COORDINATE NORTHING 0.00. EASTING 0.00. AND TRUNCATED BY1,000,000 IN THE NORTHING AND 2,000,000 IN THE EASTING TO ACHIEVE GRID=GROUND.4) ALL ME ASURED AND PLATTED BEARINGS AND DISTANCES ON THIS PL AT ARE THE SAMEAS THOSE ON THE PL AT OF WILDFIRE HOMES SUBDIVISION. SAID PLAT IS RECORDED ATRECEPTION NUMBER: 20200060501 (RECORDED 8/6/2020) INCLUDES EASEMENTS SHOWNGRAPHICALLY AND NOTED EASEMENTS THAT APPLY TO THIS CONDOMINIUM MAP.5)THE ELEVATION OF THE GAR AGE FlLOOR FOR BUILDING E IS ME ASURED AT 7575.97', THEMAIN FLOOR ELEVATION IS 7587.08', THE SECOND (UPPER) FLOOR ELE VATION IS 7598.16'.ALL ELEVATIONS ARE RELA TIVE TO THE SITE BENCHMARK, WHICH IS A 2.5" G.L.O. BRASSCAP STAMPED "AP-3, 1953" HAVING AN ELEVATION OF 7562.9' (NAVO 88) AS MEASUREDWITH GPS RTK MEASUREMENTS USING THE TOWN OF ESTES PARK BASE STATION.6)NOTICE: ACCORDING TO COLOR ADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS OF THE DATE YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SUR VEY BE COMMENCED MORE THAN TEN YEARS FROM THE CERTIFICATION DATESHOWN HEREON. CONDOMINIUM NOTES: 1)ANY LAND NOT CONDOMINIUMIZED BY THIS MAP SHALL BE CONSIDERED GCE, SUBJECT TOTHE DECLARANT RIGHTS FOR REPLATTING AND FUTURE CONDOMINIUM DEVELOPMENT SET FORTHIN THE CONDOMINIUM DECLARATION. ALL DESIGNATIONS OF LCE SHALL BE CONSIDERED FINALALLOCATIONS OF LIMITED COMMON ELEMENTS. ANY DESIGNATION OF GCE MAY BE REVISED ORREALLOCATED BY THE DECLARANT IN ORDER TO ACCOMMODATE FUTURE DEVELOPMENT ANDIMPROVEMENTS ON THE PROPERTY.2)ANY AIRSPACE INTERIOR TO THE BUILDING THAT IS NOT A UNIT OR LCE SPECIFIC TO AUNIT IS AN LCE FOR THE SUBJECT BUILDING. UN IN CORPORATED LARIMER COUNlY DEDICATION: _.,,"'�.,.. 30' "'i:--.__;f/ / / //21 _____,_,!! ! ! /! ! .. ,�\EBAR WITH CHORD -N,B7"57'oa-y, 2 22.53' ---16' EMERGEN J : �,�,. / ""�i:�Q,8 ,f ,"!: .,- f...7 ;;-.. ,_ ;;.,,/ / 20' SEWER l ,.,; q, / 1 1 / / /::; PLA§TIC g,,e_94a 5 ) 1 15' --FOUND ACCESS EASEI.IENT --, �� ' , 1 , .. i; ,a.9:,• '6'o6-w B-..--:-iiil ,,...--EASEMENT --r1 I.hi i��-i r.-.;--. ✓-,,/ -�---.-, it: ! /',,,��-t1 --,,_,.,. _ -::_..,,_ ---' -t�s'Wr��485 t . i� 20· UTILITY �-.'.'.. t.-.1, '\.s,.,. 7,3 '"'II' <:'l-./_10' fAS£M ;'� b/ / ;/2. t \ c-. _ �"'·, .,.,. _,,,.,. , u'!I' c,,. ; EASEt..tENT 11:. 1 ';:""9, ·57 -,._,;o_,�-,;,.) E_tvTf._ f:t, I•�/ I 20' SEWER .-1,'·,/ I ' ·!>!;i,• ----;, •••---✓-/ f ' ·½0d8 Ii I SHARED ACCESS' \'YP""'""'" .. �..,_ ·1 --, 'i \_�---�J. .,.,..,.,..,.,. ' .-';;,NJc·'/ : ' DRIVE FOR L01S 2-6 � 1-Jo• Ace 70 "' sii --Ii:, i---- EASE 2 MD�NT /s'1:"'· II \ BUILDING F //rp,/ �---7,;,;.,f �o _,,1' :t,71• "';15' -n-l I � l1l --Ess unury c;�9 '0 '0 4'55'£ -1! -I.... \--...r---·::.._.., -,, --' i!i-..}0 Ir l i E-t 5 ;-1 -IJ1;:)°'ENT 30• 76.88·234 . .29• ---_,, \ , ---. -·:o. ,i ��1 r g1 I O< ;;jl I 7--I 86 ,43• 7-,-_ \ , __ -�-LOT 1 / I ,,.., ' N i,,.:i O tO b --r---10 E'AsEMtN-r --l,,,._ ........... ;,;,_ f clJ&,,,,.--:, �� ' E::;�I i g LOT 6 l�!;�-1 I � I 1;: T----.-I --1 -1Na2·04-39 "1v (1YPi�---...,�� -I ,;...I I e'!/11:n I I 0.431 ACRES I� O O !"1 LOT 5 I-I I� I �I 108-69'- '-----BLOCK 1 / "1 I =>w :ll'I : a =�= .. � I� "'s.s,: --_--.,. ---. -==�=�= / ;i, w�I ,� I \ I� ·,,. I 0.243 ACRES 1!" I LOT 4 I -I LOT 3 I -I I g_·20' ACCESS & o.,. �"' --5. 189 ACRES -I \1-'1'4 \ I� §1 I� I 0.215 ACRES !" I =�� I !"1 LOT 2 UTILITY EASEMENT ·� .. .,';>,;; I , ,,, , ' � -,.';,_c...J I ...,. -"' I I _1"1 1-16' EMERGENCY ��I[� : \ 1 _6 "'I b I I.:;: 0.211 ACRES �_I I;< z L:, , : , ,: ,,..,, "'�-'--, � , _o I AccESs EASEMENT ��I !l;I! / 0 I I I I .. 0.210 ACRES IE OUTLOT F O 1'-, ; / � • 1 ---� , "'' • �Ii-I i \L _____ J z �---J &J L ___ J� L ___ J �l_ ___ Ji 0.295 ACRES i.� \_�--, -�~:_.{iL_J ______ ::::_ti-::,,\, ___________________ /� ___ jil : _____________ :J i) !,i ·u, ' \ ' I I i.·,1 I 93.50' 20.0 ' 69.85' BLOCK 7 69.9 7' I 75.77' N89.47'59''W 15 06.69' BASIS OF BEARINGS 85.19' 20' DRAN AGE & UTllrTY EASEMENT LONE PINE ACRES 1 ST ADDITION LOT 4 LOT 5 LIENHOLDER' S STATEMENT: 149.79' LOT 6 20' DRAINAGE & UTILITY EASEMEN T u-. \ ,, / 20' DRAIN AGE & UTILITY EASEMEN T I f ;,i l 4.l4.28 .: · _J LOT 7 ;;i:::?i ..; � ,j_t:/:; r .. o 50' cs; ��f =-------�------� fJ:: tf LOT 19 BLOCK 5 NOTICE OF APPROVAL: FOUN D 2.5" BRASS Cf,p STAMPED AP-3, 1953 N89'47'59''W 260.82' (POINT 8) TOWN OF ESTES PARK PARCEL LONE PINE ACRES KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, BEING THE OWNERS OF THAT PART OF THE NORTHWEST ¼ OF SECTION 20, TOWNSHIP SN, RANGE 7 2W OF THE 6TH P.M., COUNlY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: THE UNDERSIGNED DOES HEREBY AGREE AND CONSENT TO THIS PLATTING AND DOES ALSO CONSENT TO THE DEDICATION OF THE RIGHTS-OF-WAY AND EASEMENTS DEPICTED HEREON FROM THEIR LIEN IN CONSIDERATION OF THE ACCEPTANCE OF SAID PLATTING. APPROVAL OF THIS PLAN CREATES A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S. AS AMENDED. LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION, LOCATED IN THE NORTHWEST ¼ OF SECTION 20, TOWNSHIP 5N, RANGE 72W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO CONTAINING 5.189 ACRES MORE OR LESS, HAVE BY THESE PRESENTS CAUSED THE SAME TO BE SURVEYED AND CONDOMINIUMIZED INTO UNITS TO BE KNOWN AS THE FIRST SUPPLEMENTAL MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS, AND DO HEREBY DEDICATE EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES AS ARE LAID OUT AND DESIGNATED ON THIS MAP. CONDO MINIUM DECLARA TION IS DECLARATION OF THE MEADOWS AT WILDFIRE CONDO MINIUMS, A CONDOMINIUM COMMUNITY, AS RECORDED AT RECEPTION #------DATED ____ DAY OF ____ 20_, OF THE LARIMER COUNTY CLERK ANO RECORDE R. WITNESS OUR HANDS AND SEALS BELOW. WILDFIRE HOMES LLC STATE OF COLORADO } ss COUNTY OF LARIMER CALVIN MARK WESTOVER, AUTHORIZED AGENT THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ OF ·=��--2022, BY CALVIN MARK WESTOVER, AS AUTHORIZED AGENT FOR WILDFIRE HOMES LLC. WITNESS MY HAND AND omCIAL SEAL. MY COMMISSION EXPIRES ________ _ NOTARY PUBLIC BY, KORY STOLTE, SENIOR VICE PRESIDENT, INDEPENDENT BANK STATE OF COLORADO l ss COUNTY OF LARIMER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF ____ _ 2022, BY. KORY STOLTE. SENIOR VICE PRESIDENT, INDEPENDENT BANK WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES _________ _ NOTARY PUBLIC BOARD OF TRUSTEES' CERTIFICATE: APPROVED AND ACCEPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO BY A RESOLUTION ADOPTED ON THIS ___ DAY OF _____ 2022. MAYOR SURVEYOR'S CERTIFICATE: I, LONNIE A. SHELDON, BEING FIRST DULY SWORN ON HIS OATH, DEPOSES AND SAYS: THAT HE IS A REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS SURVEY DOES DEPICT A BOUNDARY SURVEY OF THE CONDOMINIUM PROPERTY AND WAS MADE BY HIM OR UNDER HIS DIRECT SUPERVISION AND RESPONSIBLE CHARGE; THAT THIS MAP WAS MADE SUBSEQUENT TO SUBSTANTIAL COMPLETION OF BUILDING E; THAT THE SURVEY WAS ACCURATELY REPRESENTED ON THIS MAP; THAT THE STATEMENTS CONTAINED HEREON WERE READ BY HIM AND THE SAME ARE TRUE OF HIS OWN KNOWLEDGE; AND THAT THIS MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209, C.R.S. P.E. & P.LS. #26974 O 2.0' �·117, • ' • v • ..J'--------/DfCJ(' 1 __,.,_-:.::_--. __ , I 1 l ___ , I -.t:::::::-.-... I --:::-.-... , --DETAILDETAIL 1 "=30' DIMENSION S ARE OUTSIDE BUILDING DIMEN SIONS AT GROUND UEVEL ' I '' I I I I I I I z 0 (fl [;j QC 8 DRAWN BY: JJS CHECKED BY: SCALE 1"-60' DATE: 1 19 2022 SHEET 1 OF 4 PROJ. NO. 2018-10-10 Attachment 5 Page 93 N•n~ nn• B I FIRST SUPPLEMENTAL MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION LOCATED IN THE NORTHWEST ¼ OF SECTION 20, TOWNSHIP 5N, RANGE 72W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO SECTION c-c' c·- PARKING SCALE: 1/B" = 1' CONCRETE PAD I.CE BUILDING E □ COVERED Cl ENTRY LCE BUILDING E //\ ,_ □ 18' 2· 10·-1· 3'�6 I STAIRS I 8'-10· (SCALE: 1/B" = 1' '2s'-o" II. I I. I. ,_,,___,_··._-�--�--23'-o•-��-----__ /_·i --'H 7':��ING j_ .[_9• ·-.. ·-.. .. .- .-s·-b · \ 1 .... ----1� -XIT / _________ :::::, ' I I 18' 8" CEILING , s·3'-s· 14' 6" SPl!IIIKLl!R 4, 7_9 • \ RISER g•_,.. I 1 _8 i... CEILING 1--14' g• '7'-4 G�;E 11·-oJI 1110'-8" G=E i � l 201 301 •Cl I I .1 !J, �� 21' -1. J-.="T'l..l A i;i.,.:;.-=,;::_::;1;:::-::::--::::-:_::t:21�· ______1 :I-+--_______ -+--1 4 -o � I '1 j II II I ts 12·-o· 0 I GARAGE GARAGE 1 ,cc '-------1-+,f-., u I UNIT ------t-+-------------------'-+------t--Tn<IT'I"------,!---u:- - -+++- - --' I II T-2· 302· ·-:r--,� i-1 • 202 10'-1" ., l I 1-5n " PARKING .. 5•..., �•-•=t==-:t G�:EFT4497 □ rr ====-,�====1=•� l'�O.-;J .'--1·-o·"9,_1.. .. 4" ,�� I I CEILING ,. u_ � j G��E 10'-8_1 1110•-4• G�;E i � ;-,? .. 20a I sos .. tr; l I I l ; 27'-0" ' 11-+----------+-------i----i--------H I .. . 21'-6" I I I l I 1,1 20'-6" • JJ I �-) . OJ I CJ .-,, I. ' 9'-11" c- G ARAGE UNIT 204 25' D" 10'-7" 10'-BJIII1 s'-o" Jl -7'-o"-i I 1 0' -4" GARAGE U_ UNIT I 304 ------7 s'-o" �l ==::::!1�6-�0�·==�2 5.0'2.JI I T-o"□l-'=�1 =====�2�s-�10�·==E===�� □[] o- SECTION B-B' SCALE· 1/8" -1' - ATTIC SPACE r-1'-4" 10·-11· 12' 4" 16' 2" --1•-4•-1--S'-6"- .I• . 14' 5" 9' a" ( ', <C U'. C) I ii":• □ i 4' 11"i - BEDROOM 2 IJVING KITCHEN BEDROOII 1 BATHROOM BEDROOM 2 DINING HALLWAY BEDROOM UNIT s·-o· e·-11· 7'-11" 9'-0" UNIT 7'-11· 9'-0" 9'-0" 7'-8" 7'-10" I I I I 303 I I I 302 I I 7598.16' ..-c;:;-;:;:: -7'-10" 2' 1•.I-2'-10· � 11' O" 10' 7" -----a·-o·� _16'-10" F-5'-3"-21' 11 " 2'-1" --:, -• -9' s· BEDROOM 1 BEDROOII 2 CL BEDROOM 3 IJVING DINING HALLWAY .lTHROOJI BATHROOM um. DINING IJVING UNIT GCE UNIT 9 -2· 9'-2" 9'-2" 7'-10" 9'-2" 203 9'-2" 7'-10· 7'-10" 9'-2" 9 -2· 202 j j j I j I I j j ' • 88'-3" • ' ' I I ' • • I I I I. GARAGE I I GARAGE .9'-1" I UNIT PARKING UNIT I .204 I GARAGE I .I 304 I .................... ; I I ; 27'-0" • • 31'-4" ' B' A 1 SCALE: 1/B" = 1 ' ATTIC SPACE • �1· 9 • 1_1 -s· 11· 3'-20' 11 9 • 1'-1· -f--7'-9" ----j 8'-11" UNIT � UNIT IJVING 303 DINING KITCHEN 30< IJVING 8'-3 1·-10· 10'-6" I VARIES: 9'-0" TO 11'-7" 7598.16' • DECK LCE DECK LCE UNIT 303 7'-9" 18' 3" UNIT 304 -s·-10"----'-9 -"-5'-10·-UNIT 203 UNIT CL CL lLLlr!Y BATHROOM CL KITCHEN IJVING I 20< 7 -10· 7'-10· 7'-9" 7'-10· 9'-2" I -L5•_5•-I j 1'-10" �no• -I l-1·-2·UNIT 204 10· s· I 10· s· I I 10· 1" I 11 · o· I • • I PARKING 9'-1" GARA.GE I GARAGE GA_BGE GARAGE I GARAGE UNIT UNIT UNIT UNIT 20• I 203 I I 202 I 201 0 I n -2'-0"I -·-· --·0 SECTION D -D' 7'-10· �JO::na 1 R 1 9•-2· ------· ..,,..,..,.. n..,1 SCALE: 1/B" = 1' -- DECK LCE - - 17' B" KITCHEN 14' 2" -1'-1n c---11 6 I 12 2 10·-1· VARIES: 9' -0" TO 11 '-4" IJVING UNIT DINING 302 2'-0" -7'-10"1 o· o· -I ... -?" 5 9 2'-0" �-2" BATHROOM 2 7'-2' IWJ.IAY UTIL UNIT 202 --a·-o·•10'-4" • I I I I I GARAGE I 9•-1· UNIT I 30< I I I ATTIC SPACE ,1'-10" 2'-1"--=t±i-12· 9"1- .). -7" T 10 1'-2" I KITCHEN NDRY •4 o·• -,. 1"7'-B" 7'-10 ENTRY LNDIIY BATHROOM 7'-8" UNIT I 301 B' 1 7'-10· BATHROOM UNIT 201 1-r-o· 10'-4" • • 10·-2·I I I ! GARAGE GARAGE UNIT PARKING UNIT 303 GARAGE 302 I I . I 7•_7• t--7' -4" -� 1' 4"9'-9" DINING STAIRS 7'-a· I rr-7'-4"-.... 7'-8" I' .• 9'-10" 7'-8" Ill DINING STAIRS t-1•-4 •-•10'-8"I 10·-1· I I GARAGE STAIRS UNIT I 301 I SECTION A-A' SCALE· 1/B" -1'- ATIIC SPACE -I 3' -·· 1" I rs'-5"- 8' O" -g' o" J._9 • 14• 5• J·-o· 1 t--6' -5" -7'-11" 7'-9" 9'-0" 9'-0" UNIT 8'-1" 7'-8" 301 7'-10" UNIT BATHROOII iAI.Llr!l UTIL CL ILLWA CL ATHROO� HALLWAY ENTRY BATHROOM ... -' -11 4'-11"--7'-2"--' -•" -1'-4"-12'-10"1-B' 2·----j 5-7 - 7598.16' _.,. ---.... , -·-· --· J--10· CL 3'-11" 9' 3" � �5•-11·-1-1---7'-4"--6' 9 •-,· 9 • KITCHEN DINING/OFFICE BATHROOM !Ill.LUY CL HilJ.WAY ).ITIIROOI HilJ.WAY ENTRY BATHROOM CL UNIT 7'-10" I 7'-8" 204 7'-10 7'-10· r-2· UNIT 7'-10" -10" 7'-10· 801 ' -10" ' -3•-1·I A' _n" I 88'-5" .I GARAGE GARAGEI UNIT 9'-1" PARKING UNIT .202 GARAGE 302 I. 27' 2" 31' 5• g•-o· 9'-2" I '. I .I .I i LEGEND - - - - - -UNIT DIVISION- - - -PONY WALL- - · - -CEILING HEIGHT CHANGECl CLOSETLTIL. UTILITY ROOM PTRY PANTRYFP FIRE PLACE SURVEYOR'S NOTES: 1.INTERIOR WALLS ARE NOT TO SCALE. THEY ARE FOR REFERENCE ONLY. 2.DIMENSIONS SHOWN ARE AS MEASURED INSIDE UNITS UPON SUBSTANTIALCOMPLETION AND ARE TO THE INSIDE SURFACE OF THE UNFINISHED WALLS,TO THE STUDS OR JOISTS .3. THIS CONDOMINIUM MAP IS FOR BUILDING E. 12·-s· BEDROOM 12' 1 o· BEDROOII A' z 0 (f) 8 DRAWN BY: JJS CHECKED BY: SCALE 1 8" = 1' DATE: 1 19 2022 SHEET 2 OF 4 PROJ. NO. 2018-10-10 Page 94 FIRST SUPPLEMENTAL MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS A LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION LOCATED IN THE NORTHWEST ¼OF SECTION 20, TOWNSHIP 5N, RANGE 72W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO c·--� MAIN FLOOR ,_---12·-o•--,_ ______ __.SCALE: 1/4" - 1' '�� DECK 8'-0" --=======,;,::,=:======i::r ,__ 11 · 2· >--+------11'-6"----�---1 LC� I 204 I � �� ;: 7'-10" Cl ILING I I 7'-10" I CEILINGI I I r--;:::======::::::::::=��=F�=:i;=;::;==;=':=======�-L2·-1·-1 1+---------15' -11 "---------,t--------,c-1 1---�1----11'-6"----------,r-a I BEDROOJ\I 2 9'-2" CEILING 1--t--2'-0" l:JJ<.:UlWOM l 9 '-2"CEILING 2'-0"-+----i 21'-2" LIVI::-.JG 9•-2· CEILING UNIT 204 1184 SQFT o-!------9•-2 ·------<'7 a�- 11'-4' -2·-1·-1I 7'-6" CEILING II I I I I l:JLVHUU_\'1 :J 9 '-3" CEILING 11'-0" 1 1·-a· I CT I I I I I I I Cl I 7'-10"7'-10· I I CEILINC CEILING 5' -o•'\, 1 11'-0 11'-0 " r2·-o·;_ 5'-11'"CL 71 -10"6'-10• CEILING --,\�� __ ,·_1 ·_· ____ 4 •_10 _· __ �2•-4•/ l------19'-7"-------------------1 l '--------,-,1� I I I 1 s·-o·I 'i------9' 10"------1' -�-------�I 9 '-3" \ IIALLlYAY 7'-10· CEILING f--3'-7"--j I ,--f-"2'-4"t 2' 1 i I I 2•-10 •_..J "°' �. _ _ I I I I I I I I UATIIHOO.M 7'-10" CEILING 6'-5" 1 '-4"-t---H 9'-5" 1-3•-0 · I --4• o·--l I 9'-10" CEILING o·--� 15'-9" CEILING f-------12'-0'"--------< 8'-0" �� I� I.CE UNIT 201 1--+--5' -s·---i::::;::::'.;�===�:::;::�=:::::i STAIRS �� -----......I -�\l,_5• 14' s·'�--��---��-�---+----� I -1+====-isi"'.· '.as:"'.· ====11,-7,---j l LIVIl\"G 9'-2" -�·---��-...... +--5' -7"---;.-< 21'-5" CEILING H--------13• -1 "--+-, 1t-+---+'-...., 1---1'-2" rr=-------', --�·-1· CL I 1 2·-o·Kl'l'CHK�1'-a" CEILING I 1·-1· I I � - DTKT-rG UNIT 201 701 SQFT �4'-o"-=-"' /� ' ' • 1 '-6 "1· 6 "/" 5-1 --ti ---r--�'.:iCL+=-=-�,';��•=4�•�--11" 1'-J,:r-;:::;:::i" 5 '-1" ,c::::=_ 1. 7' -8" --l-+-J:::=f3' 1 t:-===-'6�' :C:11.Q0:_:" ==:::::tJ'I 1-t--'"CEILING t,;-_4,, PTlff 7 /' E:-.JTRY 7'-a· CEILING i!+=::::t=:;6;;:' ::g9;;:-===+1 rr:: 9• 9�-1- 5•-�-7'-5 " s·-1· 'I //\\ I T BATHirnoo.M \\ 1 /" 1'-10" \\ I I CL 7'-10" CEILING -UEDH00.'11 9'-2" CEILING 7' 8" 12·-1· .... --i+=�=,r==i:i I 1 6 '-2" 8'-4" KITCIU.:.\I 91 -2"CEILING ,k. I DDHKG/OFFICE 7'-10" CEILING 6 '-2 BATHROOM 7'-10 "CEILING \"'� ---:I ��. - - ---:-,--:3'' -"'1""--., r=2 ='2"'-::1. I y LNINY 5 '-11" _,,. 9'-2" I CL I 7'-8" CEILING 2'-5 " .{./ \ I,,. .{/ , ,. CEILING \ \,I I // 4• 2"�--------1..!/ ----11•-9 ·1:.--+-1'-10" ,-...... __ �_l 2'-11 •_..J ----5'-10 -f3' 12· � � --++-r� � -�-1-'-l I-�-CL 7'-10" CEILING g •�1 n : I ::�9 CEIUN /'\5 '-1" 1 II c 9 �1L1��CEILING W I .. \, 10 '-7"r:::/ ' ,,...J;:::=r 1i-_.-2 ----9 -----,c,n�--�--lJ-��=;;!�2·-;�·::2::·-�1�0j� l'.i�=._=10 ::·:;: ,·-1�-10 ·-- -- --�-�---��1i� -. -- 1 2·-o· -1 DATIIIWOM 7'-2" 2'-1 " 1'-10 " CL -2'-9 "-1 7'-10" 5'-10 CEILING T-9"-, CEILING 1--11• 2" I CEILING 1-----8' 2"-----+l ho" -•_i<i." tt:!::2.2.�=:=:=:=:=:=:::::!::IJ!_g�.u.:===:.:::.===IL ----�,====== 3'-10 " I /4 / \\_ I-'---3' 7"-il. __ _jj"'::::t:==.2.9•::::::2·.:::;c:::-:=-::t\,;:=:11�-_JI UTIL J±==�5:::• !6:::" ==t1 . .l:l:====:.!.12f'.=,!!1 or•=::J'========tlr-10" 2' -7" _,__, _ _, i::i==-=-==-=-9c:':• 3a-•====l� 9 •-1·5 '-6 "j-3'-o·-n CEILING LNDRY 7'-10" s· ,. s· 2" - - 6, 6.. s· 6" i-+-------,2•_4..i=-:;4:0:• :aa-===::i:i:2 :3 1._2• -2'-10·-i 2 ' s"-i �1 5·-10"--------+-< 7.::_;o. 2'-1" 9'-1" RF.DR00\f 1 9•-2· CEILING CI_ 5 '-9 "\\ LNDRY 3'-11 CEILING I 2'-13" l, c7 El,_LI1N°G" CTIL i\\ 6�1Ji� -,.....J L UA'l'llHOO.M 5'-10" • " 1 I 4flJ __ _ 5'-0" 7'-10" C9E1Ll�G I I-6'-1" ---. )\",,\_ ;t 10• /�::o ·CEILING // riA·-;f :�-�":.�l KI�,':��, s·-s·/ I : : 4'-1", H------9 '-2"----+-'--J�4+J L.L. __ _)L:';l, <=-•3, __ 8._. i, 1 '-7_"PTRY CEILING ". I'',--� �------� -= -,; I __ :=::=i � 1-=r_Sl'-3" "TRY ·--._ -YI-.\J2'.J' '1 ,·I 19 '-8"7'-10 " � / ' 6�1L1�� HALLWAY >,IV • "7' -9" CEILING 31 � �� c----- 1--3 7 ' - - - - = t -B ==-:==-:=;2� 1" I - --o n n1--� ��-10· -r-+---#+l ,,, J 'I3'-1" -· �-'\ / 15'-5" ,,\ J I HALL 313 SQFT CEILING 3'-1 [ " 2 5 '-5 "I CL LJ.l __ �al.±===7!..'::!0!l'."===l=±l 2' -5 "1•-10 ·CEILING s·-2· CEILING 5'-1" ENTRY 7'-8" CEILING 17' B" l--o· \ ,// �t==========-::9'.::• �1'.::·=====tH'�. --�-1 '-0" .�;;z:.-3� 7"_---lr';...I �1=44�11��----�=�6�-�1 •==� I 2·-10" ~�--s·-s·--�H I 1 -1 I 1 ��2-· --1-1 __ --j__,1�"-10 ·5•-2· 3'-11" DATimOO:VI 7'-1Qn CEILING 4'-11" UTTT .. 9'-2" CEILING 6'-8" -----.,\/ DTNll\(,. 9'-2" CEILING . -· . PTHY 7' 2n CEILING -3' 9"-�c.--l 1 '-7" ---·-- 7'-10" l-+-------------13'-11"-+-+-I CEILING 2' -e•f---·-.... ---1.. UNIT 202 961 SQFT 7'-10 "CEILING KITCHK\ 9'-2" CEILING 8'-4" ------F ,1-----s·-2·----+-> �:::===========-11_· -_o_·::::�===::�==;��.::: lH--f-1'-4" V I CT 7'-10 "-I I CEILING V UNIT 203 1160 SQFT 15'-6" 6'-7" l:!ATHROOM 7'-10" CEILING ---- l±====::J!9'.::' :§5:_:" ::::;r''�>--·-cc--.,.,_.,.<""c_-C::,:;;l::f -2•-10 •-, ==· ::o--==:::'.:.1•· �,ai"•.:..:::..::'.:��.:..::�-=1H -'-10., --3 2 -1 'f-r • I \\ HALLWAY I �,/ 20'-9" 8'-7" BEDROOM 2 9•-2· CEILING � -� 11 '-8" -�2·-1· 2·-1 ·I I CL I I7'-10 " IPEILINGI 5 -10· I 11'-8" -BEDROOM 3 9'-2" CEILING 7'-10 "CEILING I i-2·-1 ·-tt::::::::::::-:.1�1.:.· �1�0..:·::::::::::::tillll,..._J:11::l====�1 �0·�1 -�=-=-=-=-�r-=-=-=-:-<i . c-__. 16'-11" UVl'JG. DINl:\"G 24'-5" H---------16 '-10 "-----------+l � �� ,---�----�--------,e•-- PATIO LCE UNIT 203 8.0' 1-------11'-6 "-------j 18'-4" II ' s· 3" I CONCRETE PAD I.CE BUILDING E // ,. / 3'-2" 3'-2" CL I 1\\ 7'-10" 3'-2" �/ / ' 1---7' 7" 7'-10" I\\CEILING I 1 CEILING I \, '!::1 ====f::::=�11i_::•:::1!_<:o,:_•=======1-+--'--'--11 ·':i2r:• ===r==i;}-11 Tl 1 �·-0 ·: 01 I i � 4'-o' I 4'-0 "1 -�- IH:lllW0\1 1 9'-2" CEILING 11' 2" I '----±1--I .f.l -I 1-/ 3'-7"--- _,,, I ·�--�� B'-1" ---j 1 '-11" [--=2·--2::,.-, I CT. -,, ii 7'-10" // I 7•-10" 3•-1 o CEILINGI /iI CEILING // 3'-10" i, I 1 • -s"--1--+1 �"-� � H 2 C; I \\-I 1·-10"I \'11 CEILINGI 4 •-1:�r-10· □ 3'-10" 1'-s" D-__. 11' 3"-----,'f--H 7'-10' 2'-�"-_C�LING_--_I_ RF.DR00\f 2 9'-2" CEILING 12' 8" 12·-o· LlVI!\G 9'-2" CEILING 1-+--------14'-2"---------+-1 '�� DECK "" -I.CE UNIT 202 ' "" 8'-1" � 1-------11'-1"-------I ' ' SCALE: 1/4" - 1 ' A' B' CL UTIL. PTRY FP LEGEND UNIT DMSION PON Y WALL CEILING HEIGHT CHANGE CLOSET UTllllY ROOU PANTRY FIRE PLACE SURVEYOR'S NOTES: 1.INTERIOR WALLS ARE NOT TO SCALE. THEY ARE FOR REFERENCE ONLY. 2.DIMENSIONS SHOWN ARE AS MEASURED INSIDE UNITS UPON SUBSTANTIALCOMPLETION AND ARE TO THE INSIDE SURFACE OF THE UNFINISHED WALLS,TO THE STUDS OR JOISTS. 3.THIS CONDOMINIUM MAP IS FOR BUILDING E. z 0 (f) 8 DRAWN BY: JJS CHECKED BY: SCALE 1/4" =1' DATE: 1/19/2022 SHEET 3 OF 4 PROJ. NO. 2018-10-10 Page 95 B A FIRST SUPPLEMENTAL MAP OF THE MEADOWS AT WILDFIRE CONDOMINIUMS LOT 1, BLOCK 1, WILDFIRE HOMES SUBDIVISION LOCATED IN THE NORTHWEST ¼ OF SECTION 20, TOWNSHIP 5N, RANGE 72W OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO c·------, o·------, SECOND FLOOR 1-------12·-o·-------1 SCALE: 1/4" - 1" 1-------+12'-o"-------1 i-2•-o·- 5'-0" f-- 7'-7" UNIT 304 970 SQFT /, LIVING =i H----8.1'------j, 13'-6" I 8'-0" j,_5• g•_g•I --CEILI NG I Hl---5'-11"--�+,,_�---�--�--'-1 15'-9" CEILING STAIRS LCE UNIT 901 I e'-o" I \ �!-4"-------14'-6"---------t-l 11 · a· I I I I I I • r-11'-2" 0 I I I I 1'-11 _,,.,.-CEILING f-i--�1'-2" I I O> 1'-11 I CEILI NG---r----'-' I z :::, w u EEDROOM 2 1o'i1·9._0..1·-2"7- 1 CEILI NG I I I 1'-11 I I 11' 9" BEDROOM 1 9'-0" CEILING 7'-2 TRIANGULAR SLOPED PORTION { OF CEI LING 8'-3" ON LOW SIDE -t-t----5' -s·---,.., 1•-3• 1 13'-1" -j 1'-11' -8'-8" LIYIKG 11 I I 11 I 7'-7" I 11 I UNIT mNm·G 301 KITCHEN 11 7'-8" I 698 SQFT CEILING I u ___,rCEILING I 10•-,• --r::_3�8 --f 4' 11" 16 ,_6 •I __ 1-:4 ,_0• 11'-11" r2" 17'-3" 1 1 �I I 1 1 n 3'-4" HAU.W,Y ·1I) I 9'-o" l t /1/\ I 9'-0" I CEI LING 1'-6 " i:::i::•===::'..=-=-=-17''�8"'===:::i::i --� 6.0' I J � -I CEILING I ,..... 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THEY ARE FOR REFERENCE ONLY.2.DIMENSIONS SHOWN ARE AS MEASURED INSIDE UNITS UPON SUBSTANTIALCOMPLETION AND ARE TO THE INSIDE SURFACE OF THE UNFINISHED WALLS,TO THE STUDS OR JOISTS.3.THIS CONDOMINIUM MAP IS FOR BUILDING E. z 0 (/) C) z � -u>-" c.,i La.l�z >:fl°' 0::: co t:j �o� (/)oz <(W 0:: z 0 0:: ...J O 1=====�0 I Uz 8 DRAWN BY: JJS • =,!; "'@ 0:: 0 0: LL z (/)-� ..'.J (/) <i: w ::;c .w •• 0:: coco"' I') wm WI 0:: (0 UCO !:QQLL r--. Ol I')�... ow �z 0 I o._ CHECKED BY: LAS SCALE 1 4" = 1' DATE: 1 19 2022 SHEET 4 OF 4 PROJ. NO. 2018-10-10 Page 96 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Ryan Barr, Pavement Manager Jessica Garner, Community Development Director Date: February 22, 2022 RE: Resolution 21-22 Incorporating the Estes Valley Master Trails Plan Addendum #1 as an element of the Estes Park Comprehensive Plan. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Certify Addendum #1 to the Estes Valley Master Trails Plan as an element of the Estes Valley Master Trails Plan and the Estes Valley Comprehensive Plan. Present Situation: The Estes Valley Master Trails Plan was adopted by the Estes Valley Recreation and Park District (EVRPD) in 2016 after being vetted through the community and project partners. The Town of Estes Park and Larimer County, as two of the project partners, supported development and approval of the Master Trails Plan. The Estes Park Development Code requires dedication and/or construction of trails in accordance with the Estes Valley Comprehensive Plan or any subsequent adopted hike/bike or open areas plan. In December 2016 the Town Board unanimously voted to certify the Estes Valley Master Trails Plan as an element of the Comprehensive Plan in order to further a unified approach to trail planning in the Estes Valley. This addendum material was developed by Public Works as staff recognized trail opportunities that were not originally included in the Estes Valley Master Trails Plan. The five specific trails added through this addendum include: Brodie Avenue Improvements, Graves Avenue Improvements, Fourth Street Improvements, US 36 south side between Community Drive & Fourth Street, and CO Hwy 7 west side between Peak View Drive & Graves Avenue. Additionally, the Transportation Advisory Board’s (TAB) task force identified trail gaps and trail deficiencies within a 1-mile radius of the Estes Park School District. These gaps and deficiencies were assigned relative priorities and now identify additional maintenance and construction needs for future implementation. Page 97 This addendum has been presented to the Transportation Advisory Board, the EVRPD Trails Committee, and the EVRPD Board. Support for the addendum has been unanimous, and on January 18, 2022 the EVRPD Board voted to approve the addendum material. A letter of support from our citizen Transportation Advisory Board is attached. Proposal: The purpose of this effort is to incorporate additional trail opportunities into the Estes Valley Master Trails Plan. Based on the original certification of the Estes Valley Master Trails Plan, this addendum should be certified as an element of the Estes Valley Comprehensive Plan. Advantages: • Incorporates additional trail needs into the Estes Valley Master Trails Plan. • Provides the first addendum to the Estes Valley Master Trails Plan since its inception in 2016. Disadvantages: • More global updates to the Master Trails Plan may be desired; however, this addendum focuses on trail segments that were not originally included. • It is possible that some developers or owners will oppose trails in the corridors shown; however, continuity and expansion of the trail network is a high value to the Estes community. Action Recommended: Staff recommends the Town Board certify this Addendum #1 as an element of the Estes Valley Master Trails Plan and the Estes Valley Comprehensive Plan. Finance/Resource Impact: No direct financial impacts result from this addendum. This document provides additional trail opportunities for the Town to consider addressing in its regular program of maintaining existing and constructing new segments of the trail network. Level of Public Interest Perceived public interest is low. Sample Motion: I move for the approval/denial of Resolution 21-22. Attachments: 1. Resolution 21-22 2. Estes Valley Master Trails Plan Addendum #1 3. Letter of Support from Transportation Advisory Board Page 98 RESOLUTION 21-22 A RESOLUTION INCORPORATING THE ESTES VALLEY MASTER TRAILS PLAN ADDENDUM #1 AS AN ELEMENT OF THE ESTES PARK COMPREHENSIVE PLAN WHEREAS, the Estes Valley Recreation and Park District adopted the Estes Valley Master Trails Plan in 2016, and the Town Board then certified it as an element of the Estes Valley Comprehensive Plan on December 13, 2016; and WHEREAS, the Estes Valley Recreation and Park District Board approved Addendum #1 to the Estes Valley Master Trails Plan on January 18, 2022; and WHEREAS, the Town Board wishes to certify this Addendum as well and incorporate it as an element of the Estes Park Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board certifies the plan referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 99 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 1 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 The purpose of this document is to present information on five (5) trails that were not originally included in the Estes Valley Master Trails Plan. This is presented as an addendum to the plan and includes the same information as provided on other trails. However, the format is different and these trails are not incorporated in the Project Priority Table at this time. The 5 trails include: •Brodie Avenue Improvements •Graves Avenue Improvements •Fourth Street Improvements •US 36, south side between Community Drive & Fourth Street •CO Hwy 7, west side between Peak View Drive & Graves Avenue It is expected that this Master Trails Plan will be updated in the future, so in the meantime, the Town of Estes Park wanted to be certain these 5 trails are referenced. Revised Estes Valley Master Trails Plan Maps are attached to show added existing trails and future trail opportunities. Additionally, this document incorporates maps for Trail Gaps and Trail Deficiencies within a 1- mile radius of the Estes Park School District. In association with the Town of Estes Park Public Works Department, the Transportation Advisory Board’s Multi-Modal & Trail Needs Task Force identified these deficiencies and gaps, and assigned relative priority categories to each. The Task Force recommended these changes and the Public Works Department reviewed and concurred with the findings. Reference the attached Trail Gaps map for areas lacking trail or sidewalk pavement, or crosswalks, within a mile of the schools. Reference the attached Trail Deficiencies map for trails or sidewalks within a mile of the schools that need to be upgraded. As with the other 5 trail additions, these new trails (gaps) and maintenance needs (deficiencies) are not incorporated into the Project Priority Table at this time. However, the Town is able to utilize Safe Routes to School (SRTS) grant funding to address gaps near the schools, and an annual Concrete Repair Program to address deficiencies throughout Town. Note: the original plan was a partnership effort among many organizations and the community. This update is presented by the Town of Estes Park Public Works Department. The primary partners were notified about this update. For more information, please contact Public Works Director Greg Muhonen, gmuhonen@estes.org, 970-577-3581. December 2021 Attachment 2 Page 100      Legend Parking Town Hall School Existing Trails and Paths Points of Interest EVRPD NPS USFS Larimer County Other Town Sidewalk Land Use YMCA of the Rockies Conservation Easement Parks and Open Space Rocky Mountain National Park Boundary USDA Forest Service Town Boundary Estes Valley Trails Plan Existing Conditions Estes Park Area North Larimer County Parks and Open Space !@ NPS Visitor Center !C NPS Trailhead !C USFS Trailhead !C EVRPD Trailhead 36 36 34 34 7 66 Prospect Mountain Hermit Park Open Space ROCKY MOUNTAIN NATIONAL PARK MARYS LAKE LAKE ESTES Beaver Meadows Moraine Park Lumpy Ridge Fall River East Portal Fish Creek Fish Creek Trail Little Valley USFS Access to Pierson Park S S T V R A I N A V E Elementary, Middle and High Schools Fairgrounds Town Hall and Library Visitors Center Addendum #1 Added Existing Trail Page 101      Legend Parking Town Hall School Future Soft Surface Trail Opportunities Future Soft / Paved Surface Trail Opportunities Future Paved Surface Trail Opportunities Future Trail Corridor Opportunities Existing Trails and Paths Future Trail Opportunities Points of Interest EVRPD NPS USFS Larimer County Other Town Sidewalk Land Use YMCA of the Rockies Conservation Easement Parks and Open Space Rocky Mountain National Park Boundary USDA Forest Service Town Boundary Estes Valley Trails Plan Future Trail Opportunities Estes Park Area North Larimer County Parks and Open Space !@ NPS Visitor Center !C NPS Trailhead !C USFS Trailhead !C EVRPD Trailhead 36 36 34 34 7 66 Explore connection between Estes Park and Rocky Mountain National Park Explore connection between Estes Park and Hermit Park Open Space Explore connection between Spur 66 and Rocky Mountain National Park Explore connection between Marys Lake and YMCA Explore bridge connection na1 na4 na33 na13 na13 na14 na14 na6 na25 na36 na23 na15 na15 na15 na15 na16na46 na47 na7 na35 na10 na24 na20 na27 na8na12 na12 na13 na19 na9 na11 na12 na8 na8.5 na2 na2 na28 na8 na26 na18 na34 na17 na38 na38 na9 na15 na44 na15 na5 Prospect Mountain Hermit Park Open Space ROCKY MOUNTAIN NATIONAL PARK MARYS LAKE LAKE ESTES Beaver Meadows Moraine Park Lumpy Ridge Fall River East Portal Fish Creek Fish Creek Trail Little Valley USFS Access to Pierson Park S S T V R A I N A V E Elementary, Middle and High Schools Fairgrounds Town Hall and Library Visitors Center 7.5 49 8.68.7 Addendum #1 Added Trails 48 Addendum #1 Added Existing Trail Page 102 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 2 Trail name: Brodie Avenue Improvements Trail #: 8.6 Typology: Paved Surface Proposed Length: 0.3 miles (constructed) User Groups: Child Bicyclist Pedestrian Basic Bicyclist Other Non-Motorized Description: Brodie Avenue is about 0.3 miles long between Community Drive and Fish Creek Road, and it serves the primary entrance to the Estes Park Elementary School, the District’s school bus facility, plus a church and residential area. With financial assistance from the Colorado Department of Transportation Safe Routes to School program, a paved 10-foot-wide concrete trail was constructed along the north side of Brodie Avenue (completed in 2019). The trail aligns with the road and there is a steep road grade between the Fish Creek Trail and the entrance to the Elementary School that will limit some access for mobility challenged individuals. Page 103 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 3 Trail name: Graves Avenue Improvements Trail #: 8.7 Typology: Paved Surface Proposed Length: 0.2 miles (scheduled for construction in 2022) User Groups: Mobility Challenged Child Bicyclist Pedestrian Basic Bicyclist Other Non-Motorized Description: Graves Avenue is located between CO Hwy 7 to the west and Community Drive to the east and is about 0.2 miles in length. It includes businesses and residents, and connects to the Estes Valley Community Center and Estes Park Schools. As a connecter to the schools, funds were secured by the Town of Estes Park from the Colorado Department of Transportation Safe Routes to School Program. Improvements will include a 5’ wide sidewalk on the north side of the road, and an 8’ wide trail on the south side of the road. Page 104 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 4 Page 105 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 5 Trail name: Fourth Street Improvements Trail #: 48 Typology: Paved Surface Proposed Length: 0.2 miles (constructed) User Groups: Mobility Challenged Child Bicyclist Pedestrian Basic Bicyclist Other Non-Motorized Description: Fourth Street is approximately 0.2 miles long and is situated between US Hwy 36 (North St. Vrain Ave) and CO Hwy 7 (South St. Vrain Ave). It provides access to the Estes Park Museum as well as the Estes Park Events Complex and fairgrounds. A 10-foot-wide concrete multi-use path was constructed along both sides of Fourth Street (completed in 2019). Colored concrete plus thermoplastic markings were used to distinguish the pedestrian path from the cyclist path. Page 106 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 6 Trail name: US 36, south side between Community Drive & Fourth Street Trail #: 49 Typology: Paved Surface Proposed Length: 0.3 miles User Groups: Mobility Challenged Child Bicyclist Pedestrian Basic Bicyclist Other Non-Motorized Description This trail opportunity is approximately 0.26 miles long and would provide connectivity to the Estes Park Events Complex and fairgrounds, Estes Park Museum, Estes Park Schools, Estes Valley Community Center, Fish Creek Trail and the Lake Estes Trail from the Reclamation Neighborhood. This trail opportunity would be a significant safety feature encouraging people to not cross US Hwy 36 to Lake Estes and to instead use the existing highway underpass to connect to the Lake Estes Trail. This trail would also connect the completed Fourth Street Improvements with the proposed US Hwy 36 and Community Drive Roundabout. Page 107 ESTES VALLEY MASTER TRAILS PLAN – ADDENDUM #1 7 Trail name: CO Hwy 7, west side between Peak View Drive & Graves Avenue Trail #: 7.5 Typology: Paved Surface Proposed Length: 1.1 miles User Groups: Mobility Challenged Child Bicyclist Pedestrian Basic Bicyclist Other Non-Motorized Description: This trail opportunity along the west side of CO Hwy 7 (South St. Vrain Ave) would connect residents with the Estes Park Schools, Estes Valley Community Center, businesses, Lake Estes Trail, and Fish Creek Trail. The Estes Valley Housing Authority’s Peak View Apartments project was completed in 2021 and introduces workforce housing along this route appropriate for working families. Page 108 Bl a c k C a n y o n C r e e k Fish C r e e k Fall River Big Th o m p s o n R i v e r LAKE ESTES £¤36 £¤34 £¤36 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 1,000 2,000Feet 1 in = 1,650 ft±Town of Estes ParkPublic Works Dept. Trail GAPS1 mile radiusMulti-Modal & Trail Needs Task Force Legend Priority High Moderate Crosswalks Page 109 Bl a c k C a n y o n C r e e k Fish C r e e k Fall River Big Th o m p s o n R i v e r LAKE ESTES £¤36 £¤34 £¤36 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 1,000 2,000Feet 1 in = 1,650 ft±Town of Estes ParkPublic Works Dept. Trail DEFICIENCIES1 mile radiusMulti-Modal & Trail Needs Task Force Legend Priority High Low Page 110 To: Honorable Mayor Koenig Board of Trustees Town Administrator From: Belle Morris, Chair, Transportation Advisory Board Date: January 27, 2022 RE: TAB recommendation to amend the Estes Valley Master Trails Plan with connectivity within 1 mile-radius of the Estes Park schools. Dear Honorable Mayor Koenig and Trustees, The Transportation Advisory Board (TAB) enthusiastically supports the recommended updates to the Estes Valley Master Trails Plan (EVMTP) by Public Works (PW) staff. The process undertaken by Town staff to amend the EVMTP was thorough and included extensive outreach to stakeholders. In January 2021, TAB created a temporary Task Force to provide an inventory of sidewalk connectivity gaps and deficient conditions within a one-mile radius of the school campus. The Task Force included representatives of TAB, Family Advisory Board, and additional citizens in the Estes Valley. The PW recommendations reflect the Task Force final inventory and documentation of the Gaps and Deficiencies. Further, PW used a recent school district survey about student transportation behaviors and obstacles to walking or biking within the one-mile radius of the school campus. The collected information allowed a more accurate understanding of trail improvement needs and improvement locations. TAB understands the value and advocates for connected multi-modal paths, which provide safe and comfortable mobility for all abilities and age groups. The current recommendations to the EVMTP will support these desired outcomes to benefit the Estes Park community. TAB thanks Mayor Koenig and Town Trustees for allowing the opportunity to provide our recommendation. Sincerely, Belle Morris Chair, Estes Park Transportation Advisory Board Attachment 3 Page 111 Page 112 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 22, 2022 RE: Interview Committee for the Estes Park Planning Commission (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for the two open positions on the Estes Park Planning Commission. Present Situation: The Estes Park Planning Commission consists of five members. With the expiration of two terms on March 31, 2022, the Town Clerk’s Office has advertised the openings and currently has received three applications as of the date of this memo. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the commission positions. Advantages: To move the process forward and allow interviews to be conducted for interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Page 113 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Estes Park Planning Commission interview committee. Attachments: None. Page 114 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: February 22, 2022 RE: Interview Committee for the Family Advisory Board (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for vacancies on the Family Advisory Board. Present Situation: The Family Advisory Board consists of seven to ten members. The Board currently has one vacancy to bring the membership to the minimum number of members. The Town Clerk’s Office has started advertising the openings and is currently accepting applications. Proposal: Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, two members of the Board would interview all interested applicants for the positions. Advantages: To move the process forward and allow interviews to be conducted for interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview committee. Finance/Resource Impact: None. Page 115 Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Family Advisory Board interview committee. Attachments: None. Page 116