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HomeMy WebLinkAboutPACKET Town Board 2022-08-09The 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, August 9, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public 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, August 9, 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 July 26, 2022 and Special Joint Study Session Minutes dated August 1, 2022. 3.Comprehensive Plan Advisory Committee Minutes dated July 14, 2022 (acknowledgment only). 4.Family Advisory Board Minutes dated June 2, 2022 (acknowledgement only). 5.Parks Advisory Board Minutes dated June 16, 2022 (acknowledgment only). 6.Transportation Advisory Board Minutes dated June 15, 2022 (acknowledgment only). Prepared 07-29-2022 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 7. Letter of Support for a Grant Application to CDOT Federal Transit Authority Rural Area Formula Program for Fiscal Year 2023 for Estes Transit Operations and Administration. ACTION ITEMS: 1. RESOLUTION 61-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2022 BUDGET. Director Hudson. Amend the 2022 budget for items that have been identified after the last budget amendment. 2. RESOLUTION 62-22 GRANT AGREEMENT FOR FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD MITIGATION ASSISTANCE WITH THE COLORADO DEPARTMENT OF PUBLIC SAFETY. Director Muhonen. Perform conceptual and preliminary engineering, environmental feasibility, utility impacts, and a benefit cost analysis (BCA) for improvements on the Big Thompson River and Fall River. ADJOURN. Town of Estes Park, Larimer County, Colorado, July 26, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 26th day of July, 2022. Present: Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Jackie Williamson, Town Clerk Absent: Mayor Wendy Koenig Trustee Cindy Younglund Mayor Pro Tem Webermeier called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – ESTES PARK RECYCLES DAY. Mayor Pro Tem Webermeier presented a Proclamation for the Estes Park Recycle Day on August 27, 2022 and encouraged the citizens of Estes Park to bring their electronics, scrap metal and paper to be shredded during the event. AGENDA APPROVAL. It was moved and seconded (Hazelton/Cenac) to approve the Agenda with Action Items 2 and 3 reordered, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee comments have been summarized: Bustang ridership has increased in 2022; special joint meeting of the Town Board, County Commissioners and Visit Estes Park (VEP) Board would be held to discuss the possible increase to the lodging tax for workforce housing and childcare; Restorative Justice would hold their annual golf tournament; Restorative Justice added six new volunteers and donated over 300 hours; community conversations to continue in conjunction with the library; VEP continues to work on the next steps related to the Lodging Tax Task Force recommendations; accommodations seeing mid-week dip in reservation and short booking windows; CompPAC met and discussed focus areas, land use areas, draft land use map, and built environment; a community meeting would be held to discuss the draft comprehensive plan; and the Board requested a discussion at an upcoming Board meeting on Ordinance 02-22 which established a workforce housing linkage fee for vacation homes. TOWN ADMINISTRATOR REPORT. None. 1.CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated July 12, 2022 and Town Board Study Session Minutes dated July 12, 2022. DR A F T Board of Trustees – July 26, 2022 – Page 2 3. Estes Park Board of Adjustment Minutes dated April 5, 2022 (acknowledgment only). 4. Resolution 59-22 Memorandum of Understanding to Provide Mutual Aid and Assistance in Investigations and Intervention Concerning Allegations of Child Abuse and Neglect with Larimer County and Local Law Enforcement Agencies. 5. Revised Policy 306 Leave – To Provide Sick Leave to All Employees Including Season Employees and Employees Working Fewer Than 20 Hours Per Week as Required by the Colorado Healthy Families and Workplaces Act. It was moved and seconded (Hazelton/Cenac) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. DISCUSS REQUEST FROM THE ESTES PARK HOUSING AUTHORITY TO PROVIDE FINANCIAL SUPPORT FOR LAND-BANKING OPPORTUNITY. Assistant Town Administrator Damweber presented the Board with a request from the Estes Park Housing Authority to partner in the acquisition of an 11.35-acre property off Mary’s Lake Road zoned E-Estate for a possible land banking opportunity to construct workforce housing. He stated the property has been removed from the market; however, staff anticipates the property would be for sale in the near future. Staff requested feedback from the Board on the philosophy of funding future opportunities to land bank. Scott Moulten/Estes Park Housing Authority Executive Director requested the Board provide the Authority with feedback on options presented in the memo to partner in the future: Option 1 – complete funding of the purchase price of $1.375 million; Option 2 – funding of the down payment of 50%; Option 3 – funding of the down payment of 30%; or Option 4 – providing a minimum of $400,000 which would require additional funding to be identified through predevelopment and construction. The Authority would like to be in a strong position to take action when the Mary’s Lake property or other similar properties become available. He stated the Authority has the necessary funds for the earnest money and has approximately $600,000 in operating reserves to leverage. Town Board discussion has been summarized: Board questioned what staff would need to react to opportunities and to utilize the current workforce housing funds; questioned the process used by the Authority to evaluate these opportunities; a special meeting could be called to consider a purchase in the future; the Board stated agreement with utilizing current workforce housing funds, however, additional funding should be approved by the Board through a special meeting; questioned how the Town funds would be utilized; and the discussion demonstated how little $500,000 addresses workforce housing issuess and a need for a multi-prong approach. Staff stated land banking would be the most significant move and investment in the future development of workforce housing. A policy outlining when the workforce housing funds could be used and appropriating the funds in the annual budget would allow staff the flexibility to react to opportunities without first bringing the item forward for Board approval. Staff would review what other communities have adopted to address workforce housing development and bring information forward for an additional policy discussion. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 11-22 REZONE TOWN-OWNED PARCEL 3522400923 FROM RURAL ESTATE RE-1 TO TWO-FAMILY RESIDENTIAL R-2. Mayor Pro Tem Webermeier opened the public hearing. Director Garner provided a review of the DR A F T Board of Trustees – July 26, 2022 – Page 3 request stating RE-1 zoning district only exists for three lots within the Estes Park development area. Two properties are owned by Rocky Mountain National Park (RMNP) and one property contains a water tank at the end of Castle Mountain Road operated by the Town’s Water Division. The Town’s lot at 4.07 acres does not meet the minimum acreage requirements of the zoning district of 10 acres, and the Town has no intent to further develop the lot. The request to rezone to R-2 would be in alignment with the zoning of adjacent property. The Planning Commission recommended approval of the rezoning. Mayor Pro Tem Webermeier closed the public hearing. It was moved and seconded (Martchink/MacAlpine) to approve Ordinance 11-22, and it passed unanimously. B. ORDINANCE 12-22 PARCEL DISCONNECTION REQUESTS FROM ROCKY MOUNTAIN NATIONAL PARK PER §31-12-501(3), C.R.S. Mayor Pro Tem Webermeier opened the public hearing. Director Garner presented the ordinance and stated the National Park Service acquired three parcels, approximately 91.7 acres in size, in the mid-2000s in order to protect bighorn sheep habitat and prevent further development adjacent to RMNP. Two of the lots are zoned RE-1, one zoned RE, and all three parcels border the Town boundaries on the north side of Fall River Road. The Park Service has petitioned the Town to disconnect the three parcels from the Town, and has already completed a minor boundary revision to incorporate the sites into RMNP. None of the parcels have been developed, and all are vacant of structures. The Board of County Commissioners and affected agencies were notified of the request and no comments or requests to hold a meeting were received. Mayor Pro Tem Webermeier closed the public hearing. It was moved and seconded (Hazelton/Martchink) to approve Ordinance 12-22, and it passed unanimously. C. ORDINANCE 13-22 ESTES PARK DEVELOPMENT CODE AND ESTES PARK MUNICIPAL CODE AMENDMENTS TO REMOVE RURAL ESTATE RE-1 ZONE DISTRICT. Mayor Pro Tem Webermeier opened the public hearing. Director Garner stated the RE-1 zoning district creation pre-dates the adoption of the former Estes Valley Development Code (EVDC) in November 1999 which created a joint planning area, and the wholesale valley-wide rezoning that accompanied those changes. The anecdotal evidence demonstrates the zoning district was created by Larimer County in the early- to mid-1990s – pre-dating the EVDC. Prior to November 1999, RE-1 zoning only applied to land in unincorporated Larimer County, as the Town had no RE-1 or equivalent zoning district. The staff has identified 27 parcels that contain 10 or more acres that would qualify for the minimum lot size of the RE-1 district; however, 40% of the parcels are owned by the public or quasi-public entities and are highly unlikely to propose a single-family house in the future. Nearly all other properties have been developed and would most likely preclude the redevelopment as a single- family home. As noted during previous items there are only three parcels designated within Town limits with the RE-1 zoning designation. The item was recommended by the Planning Commission for the Board’s consideration. Mayor Pro Tem Webermeier closed the public hearing. It was moved and seconded (Martchink/MacAlpine) to approve Ordinance 13-22, and it passed unanimously. ACTION ITEMS: 1. ORDINANCE 14-22 AMENDING CHAPTER 8.06 OF THE ESTES PARK MUNICIPAL CODE REGARDING NOISE. Mayor Pro Tem Webermeier opened the public hearing. Director Muhonen requested consideration of an amendment to the Town’s noise ordinance allowing administrative authority to the Town Engineer to issue a right-of-way permit for construction activity in the public right-of-way between the hours of 9 pm and 7 am with the following considerations: 1) the nighttime construction would provide fewer cumulative detrimental impacts to the public than delayed completion associated with daytime only construction; 2) the contractor’s work zone illumination plan requires shielded light fixtures to reduce light spillage outside the work zone; and 3) the Police and the property owners and occupants DR A F T Board of Trustees – July 26, 2022 – Page 4 located within 500 feet of the nighttime work zone receive at least 48 hour notice prior to the commencement of nighttime work. The amendment would directly assist the Town and its partners in completing the Downtown Estes Loop project in 2024 rather than extending completion during the summer of 2025, thereby reducing the time and overall cost of the project. Board discussion was heard and summarized: questioned what days of the week, time of year, duration, etc. that night construction would occur; questioned the notification to be used; stated notification needs to be completed often to keep the residence informed; the Board requested a personal notification rather than relying solely on social media; questioned if the area would be accessible during construction; a balance needs to be struck between the residents, businesses and the need to complete the project; discussed the need to provide a 1000 foot notification rather than the 500 foot outlined in the proposed ordinance; and a concerted effort to communicate and educate the community would be vital. Staff stated it was anticipated that broad discretion would be provided to the contractor. The contractor would determine the days, hours, etc. for the night construction based on need; however, construction would be restricted during holidays and special event. Staff commented the contractor would be required, as part of the contract to hire a public outreach team which works with all project partners, including the Town. John Meissner/Town citizen suggested a recording of the construction noise could be provided to the residence to aid in understanding the level of noise during construction; notification to short-term renters; and provide ear protection for those living near the construction. After further discussion on the notification, distance of the notifications, social media, door-to-door, and use of digital signs, Mayor Pro Tem Webermeier closed the public hearing. It was moved and seconded (Hazelton/Cenac) to approve Ordinance 14-22 with an amendment to 8.06.045 (b) from 500 feet to 1000 feet, and it passed unanimously. 2.PUBLIC WORKS REORGANIZATION. Director Muhonen reviewed the administrative reorganization of the department to assist with meeting the service delivery expectations of the community and the Town Board and to further maintain a reasonable and balanced workloads for the staff. The department has grown over the years from 14 employees with two divisions in 2014 to 22 employees with six divisions in 2021. The restructuring comes at a time when the department has a number of vacancies, pending vacancies and retirements which provide an opportunity to adjust how the department functions. The proposal would restructure the department into three key divisions: Mobility Services, Facilities and Parks, and Engineering. The Operations Manager position would be eliminated with duties spread across the three newly established divisions. The Parking and Transit Manager position would be replaced by a Mobility Services Manager and a Parking and Transit Supervisor. Within this reorganization a new FTE would be created, Fleet Asset Specialist, to perform the administrative duties once housed under the Operations Manager to complete specialized fleet management and fleet procurement for the entire organization. After further discussion, it was moved and seconded (Martchink/Hazelton) to approve one additional staff position, Fleet Asset Specialist, in the Public Works Department, and it passed unanimously. 3.RESOLUTION 60-22 AMENDING THE MEMORANDUM OF AGREEMENT AND THE REIMBURSABLE AGREEMENT FOR THE DOWNTOWN ESTES LOOP. Director Muhonen stated at the May 24, 2022 Town Board Study Session the project Technical Advisory Committee members presented updated estimates on the project’s increased construction cost and extended construction duration expected due to the recent, significant cost escalation of materials and fuel, as well as supply chain challenges. It was acknowledged the requirements of the Federal Lands Access Program was to maintain the local match at 17.21% as outlined in the initial Memorandum of Understanding and the Reimbursable Agreement. With the DR A F T Board of Trustees – July 26, 2022 – Page 5 increase in construction cost it was estimated the local match would require an additional $500,000 from the Town of Estes Park. Approval of the additional matching funds would allow construction bidding to move forward in September 2022 with construction to begin in 2023. Trustee Martchink questioned the status of Option X to overlay and restrip West Elkhorn Avenue; if it would be included in the annual STIP program; and requesting assurance the area would be addressed as it was a deliverable outlined in the original devolution agreement with CDOT. Director Muhonen stated staff would continue to review the Option and the overaly of the area. It was moved and seconded (Martchink/MacAlpine) to approve Resolution 60-22, and it passed with Trustee Cenac voting “No”. Whereupon Mayor Pro Tem Webermeier adjourned the meeting at 9:35 p.m. Scott Webermeier, Mayor Pro Tem Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado August 1, 2022 Minutes of a Joint Study Session meeting of the ESTES PARK TOWN BOARD, LARIMER COUNTY COMMISSION, AND VISIT ESTES PARK (VEP) BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 1st day of August 2022. Town Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink and Younglund County Commission: Chair Kefalas, Commissioners Shadduck-McNally and Stephens Visit Estes Park Board: Chairperson Gibson, Vice Chairperson Jurgens, Members Chiappe, Murphy, Rice and Walker Also Attending: Town Administrator Machalek, County Manager Volker, VEP CEO Franker and Deputy Town Clerk Beers Absent: VEP Board Members Chaippe and Murphy RECOMMENDATIONS ON THE OUTCOMES OF THE LODGING TAX EXPLORATION TASK FORCE. Introductions were conducted for both elected bodies, the Visit Estes Park (VEP) Board and staff. CEO Franker stated the Task Force was established in June of 2022 following the passage and signing of House Bill 22-1117 into law expanding the use of lodging tax revenue to address gaps in the need for workforce housing and childcare. She provided a summary of the recommendations and outcomes of the Lodging Tax Exploration Task Force. The Visit Estes Park Board of Directors recommended pursuing a 3.5% increase over the current lodging tax of 2% by submitting a ballot initiative to the voters during the November 2022 Coordinated Election. The increased revenues of approximately $5.25 million would fund workforce housing and childcare and be administered by the Town of Estes Park through an intergovernmental agreement. A letter of support for the increased lodging tax was provided by the Estes Park Economic Development Corporation (EDC). In advance of the recommendation and election preparation, VEP staff began the campaign process by circulating unofficial petitions throughout the community, receiving approximately 543 signatures. She reviewed additional proactive educational steps, including a media campaign and video concept, website page, discussions with election consultants, ballot language development, and community outreach. Discussion ensued and has been summarized: clarification was requested regarding the sense of urgency for a November 2022 election or Spring 2023 election; workforce housing and childcare issues have existed in the community for decades and to reduce the loss of workforce action must be taken; the issues have reached critical levels; questions were raised regarding how the funds would be used and for what; the importance of data and the campaign to adequately inform voters; what the role of the Estes Park Housing Authority would play related to representing housing needs in the community; the number of comments received by VEP and demographics; including critical infrastructure workforce in media campaigns who struggle with housing needs such as teachers, police officers, line workers etc.; importance of targeted messaging clearly outline the benefits of the tax for the average voter; and questioned who would run the campaign and how would it be funded. Concerns were heard related to the discontinuation of services in the valley such as pediatric and other medical services impacting families of all ages; the lack of a clear plan for how the funds would be spent which may impact the outcomes of the election; and the increase in the average age of citizens in Estes Park reflecting young families leaving the community. Town Administrator Machalek stated if the ballot measure passes, the Town would work together with the County to develop an intergovernmental agreement outlining roles and funding. Town staff are working with the Estes Park Housing Authority and the EDC to Joint Town Board County Commission Meeting – August 1, 2022 – Page 2 develop a plan directly connected to needs in the community. CEO Franker anticipated data results from a tourism impact study would provide VEP with additional information to support the ballot initiative. Consensus was heard by the Board of Trustees and Larimer County Commissioners regarding the need to move forward with developing ballot language and submitting the item to the electors during the November 2022 Coordinated Election. There being no further business, Mayor Koenig adjourned the meeting at 4:07 p.m. Bunny Victoria Beers, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, July 14, 2022 Minutes of a JOINT Comprehensive Plan Advisory Committee meeting of the Town of Estes Park. Meeting held Virtually in said Town of Estes Park on July 14, 2022. Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members David Bangs, Charles Cooper, Eric Blackhurst, 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 McAlpine, Commissioner Jody Shadduck-McNally, Drew Webb, Mike Kennedy, Consultant Jeremy Call, Consultant Taylor Broyhill, Recording Secretary Karin Swanlund Absent: Members Comstock, Bangs Chair Heiser called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES from June 23, 2022 The motion passed with a visual thumbs-up vote. PUBLIC COMMENT. None DISCUSSION: (for full comments, view the meeting recording at engageestes.org) Jeremy Call reviewed the meeting details from earlier in the week with the Town Board and the Larimer County Commissioners. This meeting was conducted in a workshop format focusing on Future Land Use and Built Environment. Questions asked were: 1.Do any of the Land Use Categories need to be reworked or redefined? 2.How do you feel about the Draft Future Land Use Map? 3.Are there any major concerns with the direction of the Built Environment goals and policies? Taylor Broyhill raised the question of do we proceed with caution or courage. Consolidating the Future Land Use categories from 18 down to 10 was discussed at length. Members were urged to study the documents and share their opinions and thoughts with Directors Garner and Ellis. OTHER: There will be a community-wide meeting on August 3 at the High School to discuss the draft plan. The next CompPac meeting is scheduled for July 28. There being no further business, Chair Heiser adjourned the meeting at 11:00 a.m. Karin Swanlund, Recording Secretary       Town of Estes Park, Larimer County, Colorado, June 2, 2022 Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of the Estes Park Town Hall in said Town of Estes Park on the 2nd day of June, 2022. Committee: Chair Patti Brown, Vice Chair Nancy Almond, Members Debra Avezzano, John Bryant, Deanna Ferrell, Laurie Dale Marshall, Rut Miller, Jessica Moffett, Nicole White, and Sue Yowell Also Attending: Town Board Liaison Younglund, Deputy Town Clerk Beers and Visit Estes Park Lodging Task Force Project Manager Bill Brown Absent: Member’s Bryant and Avezzano, and Assistant Town Administrator Damweber Chair Brown called the meeting to order at 3:33 p.m. PUBLIC COMMENT. Vice Chair Almond requested discussion related to recent gun violence in the country and opportunities to protect the community and show support for the Estes Park School District. FAB was in favor of requesting Interim Captain Life lead a discussion on safety protocol and procedures for July 7, 2022 meeting. FAB members stated interest in gathering information related to displaced families due to the closing of the Islander Apartments. LIAISON REPORT. None. MEETING MINUTES DATED DECEMBER 2, 2021 AND MAY 5, 2022. It was moved and seconded (White/Moffett) to approve the meeting minutes dated December 2, 2021 and May 5, 2022 with a correction to the May 5, 2022 minutes reflecting Vice Chair Almond as absent due to attendance by phone, and it passed unanimously. APPOINTMENT OF NEW VICE CHAIR. It was moved and seconded (Yowell/Dale Marshall) to appoint Nancy Almond as Vice Chair, and it passed unanimously. CHAIR REPORT. a. Attendance: Chair Brown stated the importance of attendance as outlined in the bylaws. She requested input on the date and times of the FAB meetings. It was determined the FAB meetings would continue to be held the first Thursday of the month at 3:30 p.m. b.FAB Team Building Gathering: FAB members were invited to a team building exercise following the July 7, 2022 meeting at Creativity Cabin. c.Background Reports on Housing & Childcare: In advance of the meeting Chair Brown provided a memo by email comprised of the history and role of FAB. Supplemental to the memo were reports related to childcare and housing issues affecting the community including assessments, recommendations, task force reports and presentations to the Town Board. The Chair requested FAB members review these documents in advance of the July meeting to discuss opportunities to advise the Town Board. d.Readings on Families: The FAB would review opportunities to provide resources to the community. Concerns were heard regarding substance abuse, mental health and other issues impacting the community. Family Advisory Board – June 2, 2022 – Page 2 COMMUNITY RESOURCE GUIDE. After its formation, the FAB created the Community Resource Guide in coordination with the Estes Park NonProfit Resource Center available to the public on the Town website. Discussion ensued and has been summarized: Identifying and reviewing guides which have been developed by various community organizations; the importance of guides containing relevant information and consistency in updating content; and requesting staff identify how often the public visits the Community Resource page of the Town’s website. It was determined the FAB would review the guide and identify opportunities for improvement. Any recommendations for changes to the FAB Community Resource website page would be submitted to Chair Brown and relayed to staff. HB22-1117 OVERVIEW. Visit Estes Park (VEP) Lodging Task Force Project Manager Bill Brown reviewed efforts and the timeline for the proposed increase in lodging tax to fund workforce housing and childcare initiatives. There are 16 members serving the Lodging Task Force representing various elements of the community including lodging owners. No percentage increase has been determined. Manager Brown stated a 1% tax increase would yield approximately $1.5 million in revenue each year. The Colorado Tourism Board hired a contractor to conduct research related to lodging taxes and short-term rental fee changes over the last few years for municipalities throughout Colorado. He provided information on other communities which have increased lodging taxes or imposed fees on short-term rentals. Task Force recommendations would be presented to the Town Board of Trustees, the Larimer County Commissioners and the Visit Estes Park Board. FAB comments have been summarized: Determining clear ballot language to avoid confusion; identifying funding opportunities in advance; State limitations on childcare facilities limiting opportunities; and concern was heard related to low wages for childcare providers and the general workforce. There being no further business Chair Brown adjourned the meeting at 5:02 p.m. Bunny Victoria Beers, Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, June 16, 2022 Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 16th day of June, 2022. Board: Chair Elliot; Vice-Chair Poggenpohl; Members Berry, Papineau, and Wilcocks Attending: Chair Elliot; Members Berry, Papineau, and Wilcocks; Trustee Younglund; Supervisor Berg; and Recording Secretary McDonald. Also attending were Presenters John P. Bostron, Joe Calvin, and Carey Stevanus (Estes Park Veterans Monument Committee) Absent: Vice-Chair Poggenpohl Chair Elliot called the meeting to order at 8:30 a.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATES Trustee Younglund advised that the Town Board approved the renaming of Children’s Park to Women’s Heritage Plaza; the kids’ recreation area will remain there. Funding for Estes Arts District will continue. APPROVAL OF MINUTES DATED MAY 19, 2022 It was moved and seconded (Berry/Papineau) to approve the May 19, 2022, meeting minutes, and the motion passed unanimously. THUMB OPEN SPACE DEDICATION Supervisor Berg advised that PAB members should have received an invitation for the Grand Opening of Thumb Open Space on June 30 at 3:00 p.m. Since there were two types of event invitations, it was requested that the invitations be resent for clarity. ARTS MASTER PLAN UPDATES Supervisor Berg and Trustee Younglund explained the Town Board’s historical position that the Arts Master Plan (AMP) be fully researched, developed, and maintained by the local arts community. Discussion points included whether a long-term vision for the arts in Estes Park could succeed, particularly in the business community, without some sort of official endorsement from the Town; the AMP’s dependence upon the Town’s support in order to qualify for certain grant funds; the Town’s lack of adequate expertise, funds, and staff to manage any component of the AMP; whether the purpose of the PAB encompasses its involvement in public art beyond the existing Art in Public Places (AIPP) program, which places art on Town-owned property only; the comparison of the PAB’s AMP efforts to the Complete Streets proposal, which was championed by the Transportation Advisory Board (TAB); and the possibility of the Estes Arts District utilizing the research and resources provided by Vice-Chair Poggenpohl and Member Wilcocks in the recent months. Chair Elliot advised that the arts community could present their ideas at a future PAB meeting for feedback, or that they could speak during the Public Comment period during a future Town Board Meeting. VETERANS MONUMENT DONATION: SPACE FORCE ROCK Chair Elliot welcomed Veterans Committee members Bostron, Calvin, and Stevanus to present the proposal of adding a Space Force Rock memorial to Veterans Monument Park, a project originally conceived by the late Laverne Mertz, a US Navy veteran. Discussion points included the desired placement of the rock; plaque design details; shopping and installation plans; maintenance needs; and whether the project could be fully completed by Veterans Day, November 11. A permit is not needed. It was agreed Parks Advisory Board – June 17, 2022 – Page 2 that the Veterans Committee would prepare final project plans for the PAB to approve prior to seeking the Town Board’s consent. MRS. WALSH’S GARDEN: EPHS AIPP APPLICATION These five sculptures were created by Estes Park High School (EPHS) art students, donated to Jane Bush, and would be loaned to Mrs. Walsh’s Garden for the summer. It was agreed that this artwork brings a “kid touch” to the Garden. It was moved and seconded (Wilcocks/Berry) to accept this AIPP donation, and the motion passed unanimously. PARKS UPDATE Supervisor Berg advised that annuals are almost done being planted, with the last order arriving today. There has been some damage from elk and foot traffic. Irrigation is slightly behind. Big Thompson Recreation Area is pending the completion of shelters, refinement of the boulder, and landscaping. Member Papineau reminded the PAB of the June 18 Monitored Weed Drop-Off event. OTHER BUSINESS Chair Elliot asked Trustee Younglund about the status of member applications for the PAB. Trustees have been assigned to interview any qualified applicants. There being no further business, Chair Elliot adjourned the meeting at 9:39 a.m. /s/Lani McDonald, Recording Secretary Town of Estes Park, Larimer County, Colorado, June 15, 2022 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 15th day of June, 2022. Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Ferko, Finley, Gamble, Hanick, Igel, and Slack Attending: Chair Morris; Vice-Chair Ekeren; Members Ferko, Finley, Gamble, Hanick, and Igel; Manager Solesbee; Director Muhonen; Trustee Martchink; and Recording Secretary McDonald Absent: Member Slack Chair Morris called the meeting to order at 12:06 p.m. Prior to the official agenda sequence, Chair Morris thanked Linda Hanick for her continued service in being reappointed to the TAB, and welcomed newly appointed members Jessica Ferko and Mark Igel. All members briefly introduced themselves. Also at this time, Director Muhonen briefly explained the TAB’s mission, values, and approach to dialogue. Members Ferko and Igel will attend a TAB orientation session prior to the July 20 meeting. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATE Trustee Martchink reported that four TAB member applications had been received and reviewed prior to the appointments being approved. The Town Board Strategic Planning Session #2 took place June 13. APPROVAL OF MINUTES DATED MAY 18, 2022 It was moved and seconded (Finley/Ekeren) to approve the May 18, 2022, minutes with minor amendments, and the motion passed unanimously. PARKING & TRANSIT UPDATES Manager Solesbee reported overall smooth operations for the paid parking season that began May 27, with some technology issues Memorial Day weekend. Printed resources have been distributed throughout town. The Car Park’s key performance indicator (KPI) data reports, which were generated weekly in 2021, will be shared with the Town Board and on the website twice monthly for the 2022 season. Parking activity accelerated this week, and free lots are measurably busy; overall revenue is down about 2.5% from 2021. Customer behavior reflects understanding of the system and compliance. Discussion points included businesses observing fewer regional visitors and more budget-conscious shoppers; the trend of people making last-minute reservations in this economy; the tracking of electric charging stations; planning with the Police Department for Independence Day weekend crowds; and the June 28 Town Board review of the Express Pass pilot, for which Chair Morris submitted the TAB’s letter of support. For transit updates, Manager Solesbee advised that summer transit service will be in full force on July 1, with all six routes running through Scot Fest weekend, September 10-11. Town and Bustang ridership reports will be presented in July. Reporting for Federal Transit Administration/Colorado Department of Transportation (FTA/CDOT) is underway. The grant-funded trolley barn project passed FTA environmental review, and design should be completed soon; with likely cost increases, additional funding is being pursued to cover the approximately 280k gap. The second trolley is still on its way. The Visitor Center “mobility hub” parking lot project (SB 267) design agreement will be presented to the Town Board in July for 2023 construction; a consultant will be sought in the fall. The Transportation Advisory Board – June 15, 2022 – Page 2 CDOT Super Call in July will be an opportunity to pursue funds for administration, operations, and the trolley facility. ENGINEERING UPDATES Director Muhonen guided review of the Downtown Wayfinding Plan (DWP) packet item, which featured preliminary signage designs that are scheduled for public survey input on June 21. Discussion points included the maintenance and durability factor of each material; the impact of font size on legibility; the importance of avoiding signs that are too small or that have sharp edges; the need for bike rack signage; and the benefits of reducing the number of options and survey questions for public feedback. It was agreed that the 2019 designs are aesthetically preferred and that building from the existing designs and signage would be practical and efficient. Director Muhonen will share the TAB’s feedback with the consultant. ADMINISTRATION UPDATES Director Muhonen briefed the TAB on goals and objectives of the June 13 Town Board Strategic Plan. Of the 30 suggestions presented, 19 call for Public Works; 10 involve transportation. It was agreed that this strategic planning process is done well and that input from department staff is indispensable. Tentatively scheduled for the June 28 Town Board Study Session is a Regional Transportation Planning presentation for Larimer County municipalities by planner and engineer Jenny Young. The purpose of this Mentimeter-based software presentation is to take a regional snapshot of transportation needs, assess and develop community cooperation, evaluate the current funding environment, and recommend polling questions. OTHER BUSINESS With the transition in membership, Member Gamble asked whether the TAB desired to change the meeting format, time, or location. Discussion ensued. It was moved and seconded (Bernal/Gamble) to keep the current meeting specifications, and the motion passed unanimously. Manager Solesbee will email the TAB information on registering for the Volunteer Parking Permit. There being no further business, Chair Morris adjourned the meeting at 1:55pm. /s/Lani McDonald, Recording Secretary PUBLIC WORKS Report To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Vanessa Solesbee, Parking & Transit Division Manager Greg Muhonen, PE, Public Works Director Date: August 9, 2022 RE: Letter of Support for a FY 2023 FTA 5311 Grant Application Objective: Public Works staff requests that the Town Board authorize the Mayor to sign a support letter to the Colorado Department of Transportation (CDOT) for a FY 2023 Federal Transit Administration (FTA) 5311 Rural Area Formula Program grant application in support of Estes Transit operations and administration in 2023. Present Situation: On July 1, the CDOT Division of Transit and Rail (DTR) issued a Notice of Funding Availability (NOFA) for eight FTA and State transit funds, including the FY 2023 FTA 5311 Rural Area Formula Program. The FTA 5311 Program is for rural areas (population less than 50,000) that operate fixed-route or demand-response general public transit. The application is intended for those wishing to receive federal program funds to purchase transit service in rural areas in 2023. Applications are due to CDOT by Friday, August 19, 2022. Proposal: Over the past four years, Estes Transit has been able to increase its service offerings and pilot various program and service changes under the guidance of Public Works staff and the Transportation Advisory Board (TAB). We have welcomed new regional transportation service (Bustang to Estes) and started electrification of our transit fleet. Additionally, the Town has been fortunate to receive approximately $2.8 million in Federal and State grant funding. In both 2021 and 2022, Estes Transit has been able to run extended trolley service during the peak summer months, offer expanded fall weekend service in September (our second busiest month for visitation behind July), and gradually expand the Winter Trolley Service that was piloted in 2020. All of these service expansions have been supported in large part by two significant infusions of Federal stimulus dollars from CARES (2020-2021) and CRRSAA (2022). However, both Federal stimulus awards (CARES and CRRSAA) were time-limited sources of funding and will not provide ongoing support to sustain Estes Park’s transit service expansions. Estes Transit also received a modest award from the American Rescue Plan Act (ARPA) for FY 2022, and those funds must be expended by June 30, 2023. In short, without securing other sources of operational and administrative funding, the Town will likely have to decrease its number of service days and/or reduce routes in 2023. The FTA 5311 Rural Area Formula Program is an annual grant program, and the Town was successful in securing these funds for the first time in 2022. The Parking & Transit Manager has been in active conversation with CDOT staff about the likely decrease in Estes Park’s annual service if additional operational funds are not secured. CDOT staff has provided guidance on the funding levels and the application narrative for the Town’s FY 2023 FTA 5311 opportunity. Advantages: • Supplement the Town’s General Fund allocation for administration and operation of Estes Transit in 2023. • Continue providing an ongoing, annual source of funding that, while not guaranteed, is considered stable due to the program’s longevity (10 years). • Supports the Town Board’s 2023 Strategic Plan, Key Outcome Area: Transportation Item 2.G.: “Explore the potential for year-round local and regional transit service.” Disadvantages: • Applying for and receiving grant funding is accompanied by additional administrative burdens; however, Town staff have recent experience managing a federal grant of this type. Action Recommended: Public Works staff recommends the Town Board authorize the Mayor to sign the support letter to CDOT. Finance/Resource Impact: The grant program requires that applicants indicate a requested amount for 2023 divided into two categories: 1) operating funds (e.g., expenses related directly to operations, including drivers’ salaries, fuel, oil, etc.) and 2) administrative funds (e.g., marketing, insurance, vehicle leases). The operating funds require a 50% local match and the administrative funds require a 20% local match. Based on these pre-defined categories and anticipated 2023 transit budget needs, Public Works staff plans to submit an application request for $75,000, with $60,000 designated as operating funds and $15,000 as administrative funds. Current Impact: The local match for the operating funds ($30,000) would come from account #101-5600-456.22-60 and the local match for the administrative funds would come from account #101-5600-456.26-03 ($3,000). With the 2022 budget process currently underway, the transit base budget submitted to Finance by Public Works on July 8 includes sufficient funds for the local match. Future Impact: None anticipated at this time. Level of Public Interest Public interest in continued transit services for the Town of Estes Park is moderate. On July 20, Public Works staff briefed the TAB on the desire to apply for this funding program, and a letter of support from the TAB was requested. Sample Motion: I move for the approval/denial of support for the Mayor to sign the requested letter of support. Attachments: 1.Town Board Letter of Support for FY 2023 FTA 5311 Grant Board of Trustees Mayor & Trustees 970-577-4777wkoenig@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG August 9, 2022 Grant Review Committee c/o Kim Phi, Transit Programming Specialist FY 2023 FTA 5311 Operating/Administrative Grants Colorado Department of Transportation RE: Letter of Support Dear Mr. Phi & CDOT Grant Selection Committee: The purpose of this letter is to affirm the Town of Estes Park’s Board of Trustees’ support of the Town’s FY 2023 FTA 5311 Grant Application. Over the past four years, Estes Transit has been able to increase its service offerings and pilot various program and service changes under the guidance of Public Works staff and the Transportation Advisory Board (TAB). We have welcomed new regional transportation service (Bustang to Estes) and started electrification of our transit fleet. Additionally, the Town has been fortunate to receive approximately $2.8 million in grant funding from the FTA and State of Colorado (via SB 267). In both 2021 and 2022, Estes Transit was able to run extended trolley service during the peak summer months, offer expanded fall weekend service in September, and gradually expand the Winter Trolley Service that was piloted in 2020. All of these service expansions have been supported in large part by two significant infusions of Federal stimulus dollars from CARES (2020-2021) and CRRSAA (2022). However, both Federal stimulus awards (CARES and CRRSAA) were temporary and time-limited sources of funding. The Town was grateful to receive our first award from the FY 2022 FTA 5311 Program, which was supplemented by American Rescue Plan Act (ARPA); however, those funds must also be spent by June 30, 2023. In short, without securing other sources of operational and administrative funding, the Town will likely have to make the difficult decision to decrease our number of service days in 2023. ATTACHMENT 1 Board of Trustees Mayor & Trustees 970-577-4777wkoenig@estes.org 170 MAGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG The Town respectfully requests that CDOT consider a more significant allocation for the Town in FY 2023. While our full-time residency is only 5,800, we serve millions of guests during our busy summer season, and in 2022 we have already seen a 32% increase in ridership over 2021. We would use an increased FY 2023 allocation to continue providing the same increased level of service that we have worked so hard to build over the past four years. CDOT’s favorable consideration of this request is greatly appreciated and will allow Estes Park to continue providing a safe, efficient, and well-maintained transit system for the benefit of our local community and guests. TOWN OF ESTES PARK Wendy Koenig Mayor FINANCE DEPT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: August 9, 2022 RE: Resolution 61-22, Supplemental Budget Appropriations #2 to the 2022 Budget (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Amend the 2022 budget for items that have been identified after the last budget amendment. Present Situation: The following explains the most significant proposed changes by Fund. Additional items are detailed in the attached exhibit “Schedule of Budgeted Appropriation Changes”. General Fund – Decrease of $3,203,870 This is primarily due to a $3,200,000 reduction in the transfer to the Community Reinvestment Fund after the April 2022 TABOR De-brucing measure passed. The Public Works restructuring approved July 26 resulted in a reduction in the General Fund of $46,518. Community Reinvestment Fund – Decrease of $2,763,370 This is primarily due to a $3,839,370 reduction in the transfer to the General Fund after the April 2022 TABOR De-brucing measure passed. In addition, $550,000 funding is appropriated for the Big Thompson River Flood Mitigation Design project, partially funded by a $410,625 FEMA grant. These adjustments also include $500,000 additional funding for the LOOP project approved July 26. Larimer County Open Space Fund – Increase of $91,328 This is primarily due to a $91,000 increase in the funding for Fall River Trail Phase 1B. Trails Fund – Increase of 88,500 Increased funding for the Graves Ave trail in the amount of $76,000. This also includes providing $12,500 in funding to EVRPD to assist with their MacGregor Trail Extension project. Parking Services Fund – Increase of $47,854 This is due to the Public Works restructuring approved July 26. Power and Communications Fund – Increase of $16,204 This includes $20,000 additional funding to cover expected cost increases on two 1 ton trucks budgeted for replacement in 2023. Water Fund – Increase of $176,330 This includes correction of a salary projection error made in the original budget in the amount of $181,060. Two long term existing positions had been inadvertently budgeted at zero due to a spreadsheet error. Fleet Maintenance Fund – Increase of $39,544 This increase is due to the Public Works restructuring approved July 26. Proposal: Staff is seeking approval of the budget resolution authorizing the proposed budget amendments. Advantages: The Town will be able to operate in compliance with statutory requirements regarding municipal budget law. Disadvantages: None identified. Action Recommended: Staff recommends approval of the 2022 supplemental budget appropriation #2 resolution. Finance/Resource Impact: After reflecting this budget amendment, the General Fund reserves are projected at 39% of 2022 operating expenditures after setting aside the $1.7 million capital reserve. Level of Public Interest Limited – no comments received. Sample Motion: I move for the approval/denial of Resolution 61-22 appropriating additional sums of money for the Town of Estes Park for the budget year ended December 31, 2022. Attachments: 1.Resolution 61-22 Supplemental Budget Appropriations # 2 to the 2022 Budget. 2.Recaps of Proposed Budget Adjustments and Supporting Documents RESOLUTION 61-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2022 BUDGET WHEREAS, the Board of Trustees of the Town of Estes Park adopted the 2022 annual budget in accordance with the Local Government Budget Law on November 9, 2021; and WHEREAS, additional projects and activities have been identified that were not known or included in the original annual budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the appropriations for 2022 be reduced by $5,507,480 for the funds specified below and these amounts are hereby appropriated from additional revenue or available fund balance of each fund. Fund # Fund Name Existing Appropriations Amendment Amended Appropriations 101 General Fund 31,124,804 (3,203,870) 27,920,934 204 Community Reinvestment Fund 8,978,756 (2,763,370) 6,215,386 211 Conservation Trust Fund 34,000 0 34,000 220 Larimer County Open Space Fund 1,095,691 91,328 1,187,019 236 Emergency Response System Fund 65,245 0 65,245 238 Community Center Fund 1,016,766 0 1,016,766 244 Trails Fund 3,223,294 88,500 3,311,794 256 Parking Services Fund 813,055 47,854 860,909 260 Street Fund 3,536,236 0 3,536,236 502 Power and Communications Fund 31,704,468 16,204 31,720,672 503 Water Fund 33,377,840 176,330 33,554,170 606 Medical Insurance Fund 4,145,000 0 4,145,000 612 Fleet Maintenance Fund 1,493,282 39,544 1,532,826 625 Information Technology Fund 968,124 0 968,124 635 Vehicle Replacement Fund 810,713 0 810,713 645 Risk Management Fund 395,500 0 395,500 Total All Funds 122,782,774 (5,507,480) 117,275,294 DATED this ______ day of _____________, 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Revenues $23,070,147 $5,914,916 $34,100 $968,501 $101,777 $1,016,766 $2,507,328 $816,095 $3,490,239 Expenses 27,920,934 6,215,386 34,000 1,187,019 65,245 1,016,766 3,311,794 860,909 3,536,236 Net (4,850,787)(300,470)100 (218,518)36,532 0 (804,466)(44,814)(45,997) Estimated Beginning Fund Balance, 1/1/22 16,166,887 299,641 71,789 1,101,165 155,143 11 1,299,668 295,807 2,648,123 Estimated Ending Fund Balance, 12/31/22 $11,316,100 ($829)$71,889 $882,647 $191,675 $11 $495,202 $250,993 $2,602,126 502 503 606 612 625 635 645 POWER AND COMMUNICATIONS WATER MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Revenues $20,509,610 $26,974,272 $3,335,368 $1,032,597 $939,672 $647,057 $395,500 $91,753,945 Expenses 31,720,672 33,554,170 4,145,000 1,532,826 968,124 810,713 395,500 117,275,294 Net (11,211,062)(6,579,898)(809,632)(500,229)(28,452)(163,656)0 (25,521,349) Estimated Beginning Fund Balance, 1/1/22 19,477,782 10,946,462 2,447,376 656,965 653,393 1,438,512 35,866 57,694,590 Estimated Ending Fund Balance, 12/31/22 $8,266,720 $4,366,564 $1,637,744 $156,736 $624,941 $1,274,856 $35,866 $32,173,241 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT RECAP OF BUDGET ALL FUNDS 7/28/2022 5:06 PM BA#2 - 2022 Midterm Adj.xlsb ATTACHMENT 2 101 204 211 220 236 238 244 256 260 GENERAL FUND COMMUNITY REINVESTMENT CONSERVATION TRUST LARIMER COUNTY OPEN SPACE EMERGENCY RESPONSE COMMUNITY CENTER TRAILS PARKING SERVICES STREET Estimated Ending Fund Balance, 12/31/22 11,316,100 (829)71,889 882,647 191,675 11 495,202 250,993 2,602,126 Add Back Contingencies included in Budgeted Expenses 250,000 - - - - - - - - Add Back Reserves included in Budgeted Expenses 97,000 - - - - - - - - Adjusted Ending Fund Balance, 12/31/22 $11,663,100 ($829)$71,889 $882,647 $191,675 $11 $495,202 $250,993 $2,602,126 Contingency - Grants *250,000 - - - - - - - - Contingency - Med Ins Claims **- - - - - - - - - Budgeted Reserves *** Pkg Garage Maint Reserve 101-1700-417-37-99 48,000 - - - - - - - - Workforce Housing Reserve 85,000 - - - - - - - - Capital Reserves 1,700,000 - - - - - - - - Nonspendable Prepaid Fund Bal & Restr Donations 207,739 - - - - - - - - Policy 660 Fund Balance Reserves 5,946,309 - - - - - - - - Total Reserved Fund Balance 8,237,048 - - - - - - - - Unreserved Budgetary Fund Balance $3,426,052 ($829)$71,889 $882,647 $191,675 $11 $495,202 $250,993 $2,602,126 502 503 606 612 625 635 645 POWER AND COMMUNICATIONS WATER MEDICAL INSURANCE FLEET INFORMATION TECHNOLOGY VEHICLE REPLACEMENT RISK MANAGEMENT TOTAL Estimated Ending Fund Balance, 12/31/21 8,266,720 4,366,564 1,637,744 156,736 624,941 1,274,856 35,866 32,173,241 Add Back Contingencies included in Budgeted Expenses - - 750,000 - - - - 1,000,000 Add Back Reserves included in Budgeted Expenses - - - - - - - 97,000 Adjusted Ending Fund Balance, 12/31/22 $8,266,720 $4,366,564 $2,387,744 $156,736 $624,941 $1,274,856 $35,866 $33,270,241 Contingency - Grants *- - - - - - - 250,000 Contingency - Med Ins Claims **- - 750,000 - - - - 750,000 Budgeted Reserves *** Pkg Garage Maint Reserve 101-1700-417-37-99 - - - - - - - 48,000 Workforce Housing Reserve - - - - - - - 85,000 Capital Reserves - - - - - - - 1,700,000 Nonspendable Prepaid Fund Bal & Restr Donations - - - - - - - 207,739 Equipment Reserve 1,975,931 641,687 - - - 1,274,856 - 3,892,474 Policy 660 Fund Balance Reserves 4,361,674 1,221,937 1,227,144 153,283 200,000 - - 13,110,346 Total Reserved Fund Balance 6,337,605 1,863,624 1,227,144 153,283 200,000 1,274,856 - 19,043,559 Unreserved Budgetary Fund Balance 1,929,115 2,502,940 1,160,600 3,453 424,941 - 35,866 14,226,682 * The Grant contingency is intended to be used only to manage unanticipated delays in collection of grant funds. Transfers may be necessary to cover these deferrals in other funds so a contingency budget has been developed for that purpose. It is not anticipated to be used so it is added back for budgetary fund balance reserve comparisons. ** The Medical Insurance Claims contingency is budgeted to cover unanticipated large medical claims at year end. Final claim expenses are not known until Feb or March of the following year, much too late to amend the budget, resulting in the possibility of large claims paid out exceeding budgeted expenditures. This contingency has been developed to avoid appearance of a budgetary violation when year end liabilities dramatically exceed historical amounts. Since this is not anticipated to be used, the reserve is added back for budgetary fund balance reserve comparisons. *** These miscellaneous reserves include current year additions to the reserves budgeted as expenses plus amounts accumulated in prior years. The current year additions are added back to fund balance since these appropriations are budget management accounts and are not intended to be spent in the current budgeted year. TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT RECAP OF BUDGETED RESERVES ALL FUNDS Fund/Dept Fund Name 2019 Actual 2020 Actual 2021 Actual 2022 Approved 2022 Amended 101 GENERAL FUND 22,300,431 18,324,050 23,037,469 26,889,697 23,070,147 204 COMMUNITY REINVESTMENT 3,396,952 1,313,175 1,376,520 8,684,800 5,914,916 211 CONSERVATION TRUST 38,679 33,086 38,116 34,100 34,100 220 LARIMER COUNTY OPEN SPACE 572,500 810,449 2,119,841 968,501 968,501 236 EMERGENCY RESPONSE 373,961 75,881 114,596 101,777 101,777 238 COMMUNITY CENTER 816,967 756,452 1,046,550 1,016,766 1,016,766 244 TRAILS 999,193 430,886 652,047 2,507,328 2,507,328 256 PARKING SERVICES - 365,882 929,474 816,095 816,095 260 STREET 2,047,078 1,848,541 2,511,225 3,490,239 3,490,239 502 POWER AND COMMUNICATIONS 20,021,167 19,557,503 20,840,078 20,509,610 20,509,610 503 WATER 7,304,661 6,870,008 7,179,700 26,974,272 26,974,272 606 MEDICAL INSURANCE 3,440,602 3,574,638 3,406,910 3,335,368 3,335,368 612 FLEET 521,653 365,239 617,575 1,032,597 1,032,597 625 INFORMATION TECHNOLOGY 850,161 906,802 970,234 939,672 939,672 635 VEHICLE REPLACEMENT 495,512 478,563 478,818 647,057 647,057 645 RISK MANAGEMENT 271,671 307,631 363,558 395,500 395,500 TOTAL 63,451,188 56,018,786 65,682,711 98,343,379 91,753,945 BA#2 - 2022 MIDTERM ADJUSTMENT TOWN OF ESTES PARK SUMMARY OF ANTICIPATED REVENUE ALL FUNDS Fund/Dept Fund Name 2019 Actual 2020 Actual 2021 Actual 2022 Approved 2022 Amended 101 GENERAL FUND 101-1100 Legislative 244,133 229,068 230,716 401,635 401,635 101-1190 Town Attorney 157,524 270,372 320,880 344,357 344,357 101-1200 Judicial 79,935 68,179 64,201 78,015 80,415 101-1300 Town Administrator's Office 333,761 346,845 348,020 366,830 380,798 101-1400 Town Clerk's Office 389,566 288,595 261,851 384,534 384,534 101-1500 Finance 545,941 552,905 603,905 659,199 659,199 101-1600 Planning 683,115 565,588 701,202 1,053,555 1,053,555 101-1700 Facilities 1,126,354 1,065,982 909,953 1,234,021 1,187,517 101-1800 Employee Benefits 120,124 181,909 198,520 410,058 410,058 101-1900 Community Service Grants 1,229,985 1,634,290 1,625,994 1,436,653 1,436,653 101-1945 Workforce Housing - - - 598,000 598,000 101-2100 Police - Patrol 3,613,063 3,852,231 4,404,113 4,760,906 4,778,126 101-2155 Police - Communications 1,020,236 960,067 1,000,408 1,238,675 1,238,675 101-2175 Police - Comm Svcs 313,582 369,657 375,410 382,586 382,606 101-2185 Police - Code Enforcement 98,345 127,757 132,084 143,752 143,792 101-2300 Building Safety Divison 620,963 506,550 609,886 647,837 647,837 101-2400 Engineering 314,032 332,073 354,343 455,435 503,112 101-2600 Visitor Center 487,629 403,016 408,476 617,019 617,019 101-3100 Streets 1,027,385 905,366 1,041,637 1,540,149 1,477,146 101-3175 Stormwater Maintenance - - - 376,652 396,287 101-5200 Parks 1,087,145 974,428 995,866 1,627,553 1,628,843 101-5500 Special Events 1,834,159 1,369,265 1,795,301 2,278,795 2,278,795 101-5600 Transportation 620,908 887,723 641,695 1,403,956 1,398,343 101-5690 Parking 179,474 - - - - 101-5700 Museum 391,419 395,116 401,043 450,713 459,713 101-9000 Transfers 3,199,789 1,345,138 1,371,857 8,233,919 5,033,919 101 GENERAL FUND 19,718,567 17,632,120 18,797,360 31,124,804 27,920,934 204 COMMUNITY REINVESTMENT 4,756,051 1,097,534 1,292,521 8,978,756 6,215,386 211 CONSERVATION TRUST 17,207 7,191 84,297 34,000 34,000 220 LARIMER COUNTY OPEN SPACE 421,580 1,574,680 958,840 1,095,691 1,187,019 236 EMERGENCY RESPONSE 363,110 53,655 71,888 65,245 65,245 238 COMMUNITY CENTER 793,392 780,025 1,046,540 1,016,766 1,016,766 244 TRAILS 813,685 325,427 256,068 3,223,294 3,311,794 256 PARKING SERVICES - 322,855 676,695 813,055 860,909 260 STREET 4,360,260 1,290,332 1,666,083 3,536,236 3,536,236 502 POWER AND COMMUNICATIONS 20,995,894 26,322,059 28,951,259 31,704,468 31,720,672 503 WATER 5,805,350 7,297,503 4,949,517 33,377,840 33,554,170 606 MEDICAL INSURANCE 2,636,662 3,301,785 3,265,130 4,145,000 4,145,000 612 FLEET 425,540 364,124 534,976 1,493,282 1,532,826 625 INFORMATION TECHNOLOGY 819,474 709,405 821,222 968,124 968,124 635 VEHICLE REPLACEMENT 243,430 123,559 7,572 810,713 810,713 645 RISK MANAGEMENT 271,627 307,015 328,353 395,500 395,500 TOTAL ALL FUNDS 62,441,829 61,509,269 63,708,322 122,782,774 117,275,294 BA#2 - 2022 MIDTERM ADJUSTMENT TOWN OF ESTES PARK SUMMARY OF APPROPRIATIONS ALL FUNDS Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 14,431,402 13,467,699 18,201,848 17,669,731 - 17,669,731 Licenses and permits 809,296 630,290 762,931 703,950 200 704,150 Intergovernmental 638,151 1,385,415 1,111,437 1,434,108 1,500 1,435,608 Charges for services 756,871 310,959 464,496 655,318 16,220 671,538 Fines and forfeitures 61,890 37,284 35,174 32,000 5,000 37,000 Rental income 312,372 293,228 218,359 195,791 - 195,791 Investment income 166,001 110,437 (15,694) 175,000 - 175,000 Donations 141,447 41,510 51,992 34,800 8,000 42,800 Miscellaneous 235,563 188,022 189,608 536,879 (11,100) 525,779 Transfers-In from other funds 4,747,438 1,858,565 2,012,028 5,452,120 (3,839,370) 1,612,750 Sale of assets - 641 5,290 - - - Financing Proceeds - -- - - - Total Revenues 22,300,431 18,324,050 23,037,469 26,889,697 (3,819,550) 23,070,147 EXPENDITURES Legislative 1100 244,133 229,068 230,716 401,635 - 401,635 Attorney 1190 157,524 270,372 320,880 344,357 - 344,357 Judicial 1200 79,935 68,179 64,201 78,015 2,400 80,415 Town Administrator 1300 333,761 346,845 348,020 366,830 13,968 380,798 Town Clerk 1400 389,566 288,595 261,851 384,534 - 384,534 Finance 1500 545,941 552,905 603,905 659,199 - 659,199 Planning 1600 683,115 565,588 701,202 1,053,555 - 1,053,555 Facilities 1700 1,126,354 1,065,982 909,953 1,234,021 (46,504) 1,187,517 Human Resources 1800 120,124 181,909 198,520 410,058 - 410,058 Outside Entity Funding 1900 1,229,985 1,634,290 1,625,994 1,436,653 - 1,436,653 Workforce Housing 1945 - - - 598,000 - 598,000 Police - Patrol 2100 3,613,063 3,852,231 4,404,113 4,760,906 17,220 4,778,126 Police - Communications 2155 1,020,236 960,067 1,000,408 1,238,675 - 1,238,675 Police - Comm Svc 2175 313,582 369,657 375,410 382,586 20 382,606 Police - Code Enforcement 2185 98,345 127,757 132,084 143,752 40 143,792 Building Safety 2300 620,963 506,550 609,886 647,837 - 647,837 Engineering 2400 314,032 332,073 354,343 455,435 47,677 503,112 Visitor Services 2600 487,629 403,016 408,476 617,019 - 617,019 Streets 3100 1,027,385 905,366 1,041,637 1,540,149 (63,003) 1,477,146 Stormwater Maintenance 3175 - - - 376,652 19,635 396,287 Parks 5200 1,087,145 974,428 995,866 1,627,553 1,290 1,628,843 Senior Center 5304 - - - - - - Special Events 5500 1,834,159 1,369,265 1,795,301 2,278,795 - 2,278,795 Transit 5600 620,908 887,723 641,695 1,403,956 (5,613) 1,398,343 Parking 5690 179,474 - - - - - Museum 5700 391,419 395,116 401,043 450,713 9,000 459,713 Transfers Out 9000 3,199,789 1,345,138 1,371,857 7,983,919 (3,200,000) 4,783,919 Contingency - Grants 9000 - - - 250,000 - 250,000 Rounding (8) (15) - - - - Total Expenditures 19,718,559 17,632,105 18,797,360 31,124,804 (3,203,870) 27,920,934 Net Income (Loss)2,581,872 691,945 4,240,109 (4,235,107) (615,680) (4,850,787) Beginning Fund Balance 8,652,961 11,234,833 11,926,778 16,166,887 16,166,887 16,166,887 Ending Fund Balance 11,234,833 11,926,778 16,166,887 11,931,780 15,551,207 11,316,100 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT GENERAL FUND # 101 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 173,516 480,761 - 800,000 430,116 1,230,116 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 38,647 15,867 (21) 500 - 500 Donations - - - - - - Miscellaneous - - 4,684 - - - Transfers-In from other funds 3,184,789 816,547 1,371,857 7,866,300 (3,200,000) 4,666,300 Sale of assets - - - 18,000 - 18,000 Financing Proceeds - - - - - - Total Revenues 3,396,952 1,313,175 1,376,520 8,684,800 (2,769,884) 5,914,916 EXPENDITURES Community Reinvestment Fund 5400 72,264 49,613 93,017 159,238 - 159,238 Capital Outlay 5400 941,453 131,093 280,504 4,052,013 1,076,000 5,128,013 Debt Service 6700 916,866 916,828 919,000 928,135 - 928,135 Transfers Out 9000 2,825,468 - - 3,839,370 (3,839,370) - Rounding - (1) - - - - Total Expenditures 4,756,051 1,097,533 1,292,521 8,978,756 (2,763,370) 6,215,386 Net Income (Loss)(1,359,099) 215,642 83,999 (293,956) (6,514) (300,470) Beginning Fund Balance 1,359,099 - 215,642 299,641 299,641 299,641 Ending Fund Balance - 215,642 299,641 5,685 293,127 (829) TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT COMMUNITY REINVESTMENT FUND # 204 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 35,949 32,536 38,161 34,000 - 34,000 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 970 550 (46) 100 - 100 Donations - - - -- - Miscellaneous 1,760 - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 38,679 33,086 38,116 34,100 - 34,100 EXPENDITURES Conservation Trust Fund 17,207 7,191 84,297 34,000 - 34,000 Rounding - - - - - - Total Expenditures 17,207 7,191 84,297 34,000 - 34,000 Net Income (Loss)21,472 25,895 (46,182) 100 - 100 Beginning Fund Balance 70,605 92,077 117,972 71,789 71,789 71,789 Ending Fund Balance 92,077 117,972 71,790 71,889 71,789 71,889 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT CONSERVATION TRUST FUND # 211 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 561,059 592,904 2,120,769 966,501 - 966,501 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 11,441 7,545 (928) 2,000 - 2,000 Donations - - - -- - Miscellaneous - - - -- - Transfers-In from other funds - 210,000 - -- - Sale of assets - -- -- - Financing Proceeds - -- -- - Total Revenues 572,500 810,449 2,119,841 968,501 - 968,501 EXPENDITURES Open Space 4600 82,355 80,770 90,839 121,748 328 122,076 Capital Outlay 4600 39,225 1,493,910 658,001 973,943 91,000 1,064,943 Transfers Out 9000 300,000 - 210,000 - - - Rounding - 1 - - - - Total Expenditures 421,580 1,574,681 958,840 1,095,691 91,328 1,187,019 Net Income (Loss)150,920 (764,232) 1,161,000 (127,190) (91,328) (218,518) Beginning Fund Balance 553,476 704,396 (59,836) 1,101,165 1,101,165 1,101,165 Ending Fund Balance 704,396 (59,836) 1,101,164 973,975 1,009,837 882,647 BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT LARIMER COUNTY OPEN SPACE FUND # 220 TOWN OF ESTES PARK Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 81,697 75,645 104,655 101,677 - 101,677 Licenses and permits - - - - - - Intergovernmental - - 9,960 - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 419 236 (19) 100 - 100 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds 291,845 - - - - - Total Revenues 373,961 75,881 114,596 101,777 - 101,777 EXPENDITURES Emergency Response System 3600 7,962 5,112 23,344 16,700 - 16,700 Debt Service 3600 48,544 48,543 48,544 48,545 - 48,545 Capital Outlay 3600 306,604 - - - - - Transfers Out 9000 - - - - - - Rounding 1 3 - - - - Total Expenditures 363,111 53,658 71,888 65,245 - 65,245 Net Income (Loss)10,850 22,223 42,708 36,532 - 36,532 Beginning Fund Balance 79,363 90,213 112,436 155,143 155,143 155,143 Ending Fund Balance 90,213 112,436 155,144 191,675 155,143 191,675 SUMMARY BY FUND & DEPARTMENT EMERGENCY RESPONSE SYSTEM FUND # 236 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 816,967 756,447 1,046,550 1,016,766 - 1,016,766 Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income - 5 - - - - Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - Sale of assets - - Financing Proceeds - - Total Revenues 816,967 756,452 1,046,550 1,016,766 - 1,016,766 - EXPENDITURES - Community Center 3800 793,392 780,025 1,046,540 1,016,766 - 1,016,766 Transfers Out 9000 - - - - - - Rounding - 1 - - - - Total Expenditures 793,392 780,026 1,046,540 1,016,766 - 1,016,766 Net Income (Loss)23,575 (23,574) 10 - - - Beginning Fund Balance - 23,575 1 11 11 11 Ending Fund Balance 23,575 1 11 11 11 11 COMMUNITY CENTER FUND # 238 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes 408,484 378,223 523,275 508,383 - 508,383 Licenses and permits - - - - - - Intergovernmental 286,000 50,000 120,039 1,998,745 - 1,998,745 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 4,709 2,663 (286) 200 - 200 Donations - - - - - - Miscellaneous - - 9,018 - - - Transfers-In from other funds 300,000 - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 999,193 430,886 652,047 2,507,328 - 2,507,328 - EXPENDITURES - Trails Expansion Operations 3400 40,220 32,056 34,213 102,050 - 102,050 Capital Outlay 3400 773,465 293,371 221,855 3,121,244 88,500 3,209,744 Transfers Out 9000 - - - - - - Rounding 2 (3) - - - - Total Expenditures 813,687 325,424 256,068 3,223,294 88,500 3,311,794 Net Income (Loss)185,506 105,462 395,979 (715,966) (88,500) (804,466) Beginning Fund Balance 612,721 798,227 903,689 1,299,668 1,299,668 1,299,668 Ending Fund Balance 798,227 903,689 1,299,668 583,702 1,211,168 495,202 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT TRAILS EXPANSION FUND # 244 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - 60 24,888 4,000 - 4,000 Intergovernmental - 24,500 - - - - Charges for services - -864,783 795,000 - 795,000 Fines and forfeitures - 22,641 39,759 17,095 - 17,095 Rental income - -- - - - Investment income - -- - - - Donations - -- - - - Miscellaneous - 90 45 - - - Transfers-In from other funds - 318,591 - - - - Sale of assets - -- - - - Financing Proceeds - -- - - - Total Revenues - 365,882 929,474 816,095 - 816,095 - EXPENDITURES - Parking Services Operations 5690 - 322,396 578,223 761,293 47,854 809,147 Capital Outlay 5690 - 459 98,472 51,762 - 51,762 Transfers Out 9000 - -- - - - Rounding - (1) - - - - Total Expenditures - 322,854 676,695 813,055 47,854 860,909 Net Income (Loss)- 43,028 252,779 3,040 (47,854) (44,814) Beginning Fund Balance - - 43,028 295,807 295,807 295,807 Ending Fund Balance - 43,028 295,807 298,847 247,953 250,993 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT PARKING SERVICES FUND # 256 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget - REVENUE - Taxes 1,960,721 1,815,472 2,511,721 2,440,239 - 2,440,239 Licenses and permits - - - - - - Intergovernmental - - 1,235 1,030,000 - 1,030,000 Charges for services - - - - - - Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 86,357 33,069 (1,731) 20,000 - 20,000 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 2,047,078 1,848,541 2,511,225 3,490,239 - 3,490,239 - EXPENDITURES - Street Improvement Operations 2000 588,488 581,815 545,029 741,226 - 741,226 Capital Outlay 2000 3,771,772 708,517 1,121,054 2,795,010 - 2,795,010 Transfers Out 9000 - - - - - - Rounding (2) 1 - - - - Total Expenditures 4,360,258 1,290,333 1,666,083 3,536,236 - 3,536,236 Net Income (Loss)(2,313,180) 558,208 845,142 (45,997) - (45,997) Beginning Fund Balance 3,557,952 1,244,772 1,802,980 2,648,123 2,648,123 2,648,123 Ending Fund Balance 1,244,772 1,802,980 2,648,122 2,602,126 2,648,123 2,602,126 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT STREET IMPROVEMENT FUND # 260 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 6,548 (759) 4,375 - - - Charges for services 19,072,995 19,045,257 20,433,601 20,289,610 - 20,289,610 Fines and forfeitures - - - - - - Rental income 2,745 5,400 5,400 - - - Investment income 316,767 311,020 4,651 122,000 - 122,000 Donations 487,398 - - - - - Miscellaneous 144,708 196,585 281,464 98,000 - 98,000 Transfers-In from other funds - - - - - - Sale of assets (9,994) - 110,588 - - - Financing Proceeds - - - - - - Total Revenues 20,021,167 19,557,503 20,840,078 20,509,610 - 20,509,610 EXPENDITURES Source of Supply 6100 8,142,386 7,718,129 7,963,435 8,168,860 - 8,168,860 Distribution 6301 3,430,531 3,898,088 4,798,010 4,758,430 - 4,758,430 Customer Accounts 6401 421,817 495,490 435,368 570,515 - 570,515 Admin & General 6501 2,164,940 2,099,898 2,072,627 2,563,801 (3,796) 2,560,005 Debt Service 6700 489,968 974,346 930,064 1,792,940 - 1,792,940 Broadband 6900 442,826 675,547 1,033,569 1,385,089 - 1,385,089 Capital Outlay 7001 4,130,498 8,740,532 10,048,158 10,976,833 20,000 10,996,833 Transfers Out 6600 1,772,928 1,720,029 1,670,028 1,488,000 - 1,488,000 Rounding (1) 1 - - - - Total Expenditures 20,995,893 26,322,060 28,951,259 31,704,468 16,204 31,720,672 Net Income (Loss)(974,726) (6,764,557) (8,111,181) (11,194,858) (16,204) (11,211,062) Beginning Fund Balance 8,969,681 37,175,241 28,716,335 19,477,782 19,477,782 19,477,782 Ending Fund Balance 7,994,955 30,410,684 20,605,154 8,282,924 19,461,578 8,266,720 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT POWER AND COMMUNICATIONS FUND # 502 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 348,087 97,309 3,999 8,991,000 - 8,991,000 Charges for services 6,636,801 6,584,836 7,166,538 5,580,272 - 5,580,272 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 221,134 136,974 (11,490) 100,000 - 100,000 Donations - - - - - - Miscellaneous 103,852 50,889 24,613 - - - Transfers-In from other funds - - - - - - Sale of assets (5,213) - (3,961) 135,000 - 135,000 Financing Proceeds - - - 12,168,000 - 12,168,000 Total Revenues 7,304,661 6,870,008 7,179,700 26,974,272 - 26,974,272 EXPENDITURES Source of Supply 6100 105,523 146,014 125,029 120,000 - 120,000 Purification 6200 880,041 894,748 821,889 1,120,649 45,265 1,165,914 Distribution 6300 1,490,360 1,583,472 1,531,073 1,970,802 135,795 2,106,597 Customer Accounts 6400 245,114 293,507 295,013 410,849 - 410,849 Admin & General 6500 764,451 816,504 880,288 1,265,447 (4,730) 1,260,717 Debt Service 6700 104,892 127,513 106,581 487,181 - 487,181 Capital Outlay 7000 2,065,927 3,297,209 1,057,644 27,878,162 - 27,878,162 Transfers Out 6600 149,042 138,536 132,000 124,750 - 124,750 Rounding 1 (3) - - - - Total Expenditures 5,805,351 7,297,500 4,949,517 33,377,840 176,330 33,554,170 Net Income (Loss)1,499,310 (427,492) 2,230,183 (6,403,568) (176,330) (6,579,898) Beginning Fund Balance 8,070,619 9,354,291 9,123,115 10,946,462 10,946,462 10,946,462 Ending Fund Balance 9,569,929 8,926,799 11,353,298 4,542,894 10,770,132 4,366,564 WATER FUND # 503 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 944,889 887,817 807,404 250,000 - 250,000 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 35,806 22,987 (2,967) 20,000 - 20,000 Donations - - - - - - Miscellaneous 2,459,907 2,663,834 2,602,472 3,065,368 - 3,065,368 Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 3,440,602 3,574,638 3,406,910 3,335,368 - 3,335,368 EXPENDITURES Medical Insurance Fund Operations 4200 2,636,662 3,301,785 3,265,130 3,395,000 - 3,395,000 Contingency - Med Ins Claims 4200 - - - 750,000 - 750,000 Rounding (1) - - - - - Total Expenditures 2,636,661 3,301,785 3,265,130 4,145,000 - 4,145,000 Net Income (Loss)803,941 272,853 141,779 (809,632) - (809,632) Beginning Fund Balance 1,228,803 2,032,744 2,305,597 2,447,376 2,447,376 2,447,376 Ending Fund Balance 2,032,744 2,305,597 2,447,376 1,637,744 2,447,376 1,637,744 BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT MEDICAL INSURANCE FUND # 606 TOWN OF ESTES PARK Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental 10 - - 300,800 - 300,800 Charges for services 505,992 361,131 617,915 592,797 - 592,797 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 7,321 4,138 (340) 4,000 - 4,000 Donations - - - - - - Miscellaneous 580 - - - - - Transfers-In from other funds - - - 135,000 - 135,000 Sale of assets 7,750 (30) - - - - Financing Proceeds - - - - - - Total Revenues 521,653 365,239 617,575 1,032,597 - 1,032,597 EXPENDITURES Fleet Maintenance 4300 409,863 364,124 459,467 563,791 39,544 603,335 Capital Outlay 7000 15,677 - 75,509 929,491 - 929,491 Rounding (1) - - - - - Total Expenditures 425,539 364,124 534,976 1,493,282 39,544 1,532,826 Net Income (Loss)96,114 1,115 82,599 (460,685) (39,544) (500,229) Beginning Fund Balance 477,135 573,249 574,364 656,965 656,965 656,965 Ending Fund Balance 573,249 574,364 656,963 196,280 617,421 156,736 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT FLEET MAINTENANCE FUND # 612 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental (7) 5,000 15,691 - - - Charges for services 841,570 896,096 953,242 935,672 - 935,672 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 6,751 3,815 (314) 4,000 - 4,000 Donations - - - - - - Miscellaneous 1,847 1,891 1,615 - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 850,161 906,802 970,234 939,672 - 939,672 - EXPENDITURES - IT Operations 2500 739,274 654,012 759,722 861,624 - 861,624 Capital Outlay 2500 80,200 55,393 61,500 106,500 - 106,500 Transfers Out 9000 - - - - - - Rounding (1) - - - - - Total Expenditures 819,473 709,405 821,222 968,124 - 968,124 Net Income (Loss)30,688 197,397 149,013 (28,452) - (28,452) Beginning Fund Balance 276,297 306,985 504,382 653,393 653,393 653,393 Ending Fund Balance 306,985 504,382 653,395 624,941 653,393 624,941 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT INFORMATION SYSTEMS TECHNOLOGY FUND # 625 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget REVENUE Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 455,898 478,139 517,006 646,557 - 646,557 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income 857 484 201 500 - 500 Donations - - - - - - Miscellaneous - - - - - - Transfers-In from other funds 15,000 - - - - - Sale of assets 23,757 (60) (38,389) - - - Financing Proceeds - - - - - - Total Revenues 495,512 478,563 478,818 647,057 - 647,057 EXPENDITURES Fleet Replacement Operations 3500 - - - - - - Capital Outlay 7000 243,430 123,559 7,572 793,332 - 793,332 Transfers Out 9000 - - - 17,381 - 17,381 Rounding - 2 - - - - Total Expenditures 243,430 123,561 7,572 810,713 - 810,713 Net Income (Loss)252,082 355,002 471,246 (163,656) - (163,656) Beginning Fund Balance 319,092 571,174 926,176 1,438,512 1,438,512 1,438,512 Ending Fund Balance 571,174 926,176 1,397,422 1,274,856 1,438,512 1,274,856 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT VEHICLE REPLACEMENT FUND # 635 Dept # 2019 Actual 2020 Actual 2021 Actual 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget - REVENUE - Taxes - - - - - - Licenses and permits - - - - - - Intergovernmental - - - - - - Charges for services 271,616 307,344 358,356 395,500 - 395,500 Fines and forfeitures - - - - - - Rental income - - - - - - Investment income - - - - - - Donations - - - - - - Miscellaneous 55 287 5,202 - - - Transfers-In from other funds - - - - - - Sale of assets - - - - - - Financing Proceeds - - - - - - Total Revenues 271,671 307,631 363,558 395,500 - 395,500 EXPENDITURES Risk Management Operations 4100 271,627 307,015 328,353 395,500 - 395,500 Rounding - - - - - - Total Expenditures 271,627 307,015 328,353 395,500 - 395,500 Net Income (Loss)44 616 35,205 - - - Beginning Fund Balance - 44 660 35,866 35,866 35,866 Ending Fund Balance 44 660 35,865 35,866 35,866 35,866 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY BY FUND & DEPARTMENT RISK MANAGEMENT FUND # 645 General Fund Community Reinvestment Fund Total Total Revenues 23,070,147 5,914,916 28,985,063 Less: Capital & One Time Grants (One time funds)953,564 1,230,116 2,183,680 Transfer from Fleet Replacement Fund - 17,381 Transfers between GF & CRF - 4,648,919 4,648,919 953,564 5,896,416 6,849,980 Net Ongoing Revenues 22,116,583 18,500 22,135,083 Total Expenditures 27,920,934 6,215,386 34,136,320 Less: Transfers between GF & CRF 4,648,919 - 4,648,919 Less Significant One Time Expenditures: Parking Garage Maint Reserve 101-1700-417-37-99 12,000 - 12,000 Workforce Housing Reserve 101-1945-419-37-98 85,000 - 85,000 Workforce Housing Assistance 415,000 - 415,000 Conting-Grants 101-1900-419-60-02 250,000 - 250,000 Compensation Plan 231,532 - 231,532 Housing Needs Study 73,000 - 73,000 Facility Needs Study - 21,990 21,990 Capital 574,151 5,128,013 5,702,164 One Time Transfer to Fleet for final Water Shop Pmt 135,000 - 135,000 1,775,683 5,150,003 6,925,686 Net Ongoing Expenditures 21,496,332 1,065,383 22,561,715 Net Ongoing Rev vs Exp 620,251 (1,046,883) (426,632) TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT GENERAL & COMMUNITY REINVESTMENT FUNDS ONGOING REVENUES VS ONGONG EXPENDITURES General Fund Comm Reinvestment Fund Total Fund Balance 11,316,100$ (829)$ 11,315,271$ Reserves to Exclude Parking Garage Maintenance Reserve 48,000 48,000 Capital Reserves 1,700,000 1,700,000 Workforce Housing Reserve 85,000 85,000 Prepaids and Restricted Donations Estimate 207,739 207,739 2,040,739 - 2,040,739 Fund Balance Subject to Reserve Calculation 9,275,361 (829) 9,274,532 Total Expenditures 27,920,934 6,215,386 34,136,320 Less Transfers Out Between GF & CRF 4,648,919 - 4,648,919 Net Expenditures 23,272,015 6,215,386 29,487,401 Less Capital Expenditures General Fund 574,151 - 574,151 Community Reinvestment Fund - 5,128,013 5,128,013 Total Capital to Exclude 574,151 5,128,013 5,702,164 Total Expenditures Subject to Reserve Calculation 22,697,864$ 1,087,373$ 23,785,237$ 25% Reserve Per Policy 660 5,946,309 Projected Reserve Ratio as of 12-31-2022 39.0% TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT GENERAL & COMMUNITY REINVESTMENT FUNDS FUND BALANCE RESERVE RATIO Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget 101 101-1600-334.20-00 EVLTGT EV Land Trust Grant GOCO S -$ -$ 101 101-1600-334.20-00 COMPPL Comp Plan Grant DOLA S 150,000 150,000 101 101-1945-334.20-00 *22HSN Housing Needs Study Grant DOLA S 51,000 51,000 101 101-1900-334.20-00 COVBUS Colorado Small Business Relief Program State of Colorado S - - 101 101-2100-333.00-00 BVEST Bulletproof Vest Partnership Program US Dept of Justice F - 1,500 1,500 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt and DUI Checkpoints)State of Colorado S - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,834 5,834 101 101-2100-334.20-00 LEAF LEAF State of Colorado S - - 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado S 5,000 5,000 101 101-2100-334.20-00 LEAF LEAF State of Colorado S 7,000 7,000 101 101-2100-334.20-00 PDPOST PD Post Grants State of Colorado 5,625 5,625 101 101-2100-334.20-00 CDOT High Visibility Enforcement (Seatbelt and DUI Checkpoints)State of Colorado S 5,000 5,000 101 101-2175-334.20-00 LPTOP2 Restorative Justice Remote Conferencing TCDOT-RMS Grant S - - 101 101-3100-334.20-00 *SIGNS Revitalizing Main St Program CDOT F - - 101 101-5500-334.20-00 *WINTR Revitalizing Main St Program CDOT S - - 101 101-5600-333.00-00 ELTRL2 Electric Trolley #2 CDOT F 382,547 382,547 101 101-5600-333.00-00 COVTRN COVID-19 Transit Operations CARES Act F - - 101 101-5600-333.00-00 CRRSAA Coronavirus Response & Relief Suppl Approp Allocation CRRSSA Federal Grant F 361,017 361,017 101 101-5600-333.00-00 *TR22 2022 Transit 5311 Operating Grant FTA-5311 F 51,481 51,481 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Trust Fund Donation O - 5,663 5,663 101 101-5700-365.20-00 MUSSCN Museum Large Format Scanner Friends of the Museum Foundation O - 3,337 3,337 101 Total 1,024,504 10,500 1,035,004 204 204-0000-333.00-00 COMMDR Community Drive Intersection CDOT F 750,000 - 750,000 204 204-0000-333.00-00 BIGTHF Big Thompson Flood Mitigation Design FEMA F - 410,625 410,625 204 204-0000-334.20-00 WILL22 Willow Knolls - Birch Ruins Walkway State of Colorado S - 19,491 19,491 204 204-0000-334.20-00 34STDY US 34 Corridor Study CDOT S 50,000 50,000 204 Total 800,000 430,116 1,230,116 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS ALL FUNDS Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS ALL FUNDS 220 220-0000-333.00-00 FRTR3 Fall River Trail Phase 3 Dept of Interior - Nat'l Park Service F - - 220 220-0000-333.00-00 FRTR2A Fall River Trail Phase 2A Recreation Trail Grant Program F - - 220 220-0000-334.10-00 PICNIC Big Thompson River Picnic Area (Pkg Gar)GOCO S 43,275 43,275 220 220-0000-334.30-00 FRTR1B Fall River Trail Phase 1B MTF M405-026 S 448,226 448,226 220 220-0000-334.30-00 ROCK Climbing Rock Big Thompson River Picnic Area Visit Estes Park O - - 220 Total 491,501 - 491,501 236 236-0000-334.20-00 LPTOP3 Police EOC Computer Repl CDOT-RMS Grant S - - 236 Total - - - 244 244-0000-333.00-00 GRAVES Graves Ave Trail Grant Safe Routes to School F 500,000 500,000 244 244-0000-333.00-00 FRTR1A Fall River Trail Phase 1A TAP M405-025 F 955,000 955,000 244 244-0000-334.30-00 FRTR2B Fall River Trail Phase 2B Colorado the Beautiful S 363,706 363,706 244 244-0000-334.40-00 FRTR3 Fall River Trail Phase 3 Rocky Mnt Conservancy O 120,039 120,039 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B EV Parks and Rec District O 50,000 50,000 244 244-0000-334.40-00 FRTR2B Fall River Trail Phase 2B Larimer County Dept of Nat Res O 10,000 10,000 244 Total 1,998,745 - 1,998,745 256 256-0000-334.20-00 *EVPLN Electric Vehicle Infrastructure Plan DOLA - EIAF S - - 256 Total - - - 260 260-0000-334.30-00 EPMOBH EP Mobility Hub - Visitor Center Parking Lot CDOT S 1,030,000 1,030,000 260 Total 1,030,000 - 1,030,000 Fund Account # Project Code Project Descr Grant Program / Grantor Federal / State / Other 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SUMMARY OF BUDGETED GRANT REVENUES, DONATIONS AND DEBT PROCEEDS ALL FUNDS 503 503-0000-333.00-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Grant F 6,547,000 6,547,000 503 503-0000-333.00-00 GCDOVE GC Disinfection Outreach & Verification Effort USDAGrant F 2,369,000 2,369,000 503 503-0000-333.00-00 WUSBOR BOR Water Meter Project US BOR F 75,000 75,000 503 503-0000-388.40-00 PMLOAN Prospect Mtn Water Dist Waterline USDA Loan F 7,675,000 7,675,000 503 503-0000-388.40-00 GCDOVE GC Disinfection Outreach & Verification Effort USDA Loan F 4,493,000 4,493,000 503 Total 21,159,000 - 21,159,000 612 612-0000-333.00-00 ELTRCH Trolly Charging Station CDOT Grant F 300,800 300,800 612 Total 300,800 - 300,800 625 625-0000-334.20-00 HOTSPT Wireless Hotspot Grant S - - 625 625-0000-334.20-00 PHONES Phone System Upgrade CDOT-RMS S - - 625 625-0000-334.20-00 LPTOP1 Laptop Grant CDOT CanDo Program S - - 625 Total - - - Grand Total 26,804,550$ 440,616$ 27,245,166$ Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01 SOFTWARE 32,194$ -$ 32,194$ COMPREHENSIVE LAND USE PLAN COMPPL 101-1600-416.22-13 CONTRACT/SKILLED SVCS 231,532 231,532 PARKING GARAGE MAINTENANCE RESERVE PKGRES 101-1700-417.37-99 MAINTENANCE RESERVE 12,000 12,000 HOUSING STUDY/NEEDS ASSESSMENT *22HSN 101-1945-419.22-98 PROFESSIONAL SERVICES - OTHER 73,000 73,000 WORKFORCE HOUSING ASSISTANCE NA 101-1945-419.29-80 WORKFORCE HSNG ASSISTANCE - 415,000 415,000 WORKFORCE HOUSING RESERVE WFHRES 101-1945-419.37-98 WORKFORCE HSNG RESERVES 500,000 (415,000) 85,000 VISITOR CENTER MAIN DOOR REPLACEMENT VCDOOR 101-2600-426.32-22 BUILDING REMODELING 55,000 55,000 VARIABLE MESSAGE SIGNS (CDOT COVID GRANT)*SIGNS 101-3100-431.34-98 OTHER MACHINERY/EQUIPMENT 8,587 8,587 2022 TRANSIT 5311 OPERATING GRANT *TR22 101-5600-456.22-60 TRANSPORTATION FEES 51,481 51,481 CRRSAA TRANSPORTATION GRANT CRRSAA 101-5600-456.22-60 TRANSPORTATION FEES 361,017 361,017 ELECTRIC TROLLEY #2 - 2ND GRANT ELTRL2 101-5600-456.34-42 VEHICLES/TRUCKS 454,370 454,370 COBB-MACDONALD CABIN RE-ROOF CBNRF 101-5700-457.32-22 BUILDING REMODELING 15,000 15,000 MUSEUM LARGE FORMAT SCANNER MUSSCN 101-5700-457.33-32 OFFICE EQUIPMENT - 9,000 9,000 *TOTAL GENERAL FUND 1,794,181 9,000 1,803,181 * TOWN WIDE FACILITIES SPACE NEEDS STUDY *SPACE 204-5400-544.22-98 PROF SVCS - OTHER 21,990 21,990 FACILITY OPPORTUNITY SITES - FIRST RIGHT OF REFUSAL FACOPP 204-5400-544.31-11 LAND 100,000 100,000 WILLOW KNOLLS - BIRCH RUINS WALKWAY WILL22 204-5400-544.31-13 LAND IMPROVEMENTS - 26,000 26,000 MUSEUM ANNEX FOUNDATION REPAIRS MUSANX 204-5400-544.32-22 BUILDING REMODELING 12,200 12,200 MUSEUM BOYD BUILDING ROOF REPLACEMENT BOYDRF 204-5400-544.32-22 BUILDING REMODELING 32,000 32,000 STREET SHOP REMODEL STSHOP 204-5400-544.32-22 BUILDING REMODELING 299,000 299,000 TREGENT RESTROOM REMODEL TREGRR 204-5400-544.32-22 BUILDING REMODELING 286,000 286,000 EVENT CENTER ARENA FOOTING RENOVATION ARNA22 204-5400-544.32-22 BUILDING REMODELING 90,128 90,128 EVENT COMPLEX PAVING MPECPV 204-5400-544.32-22 BUILDING REMODELING 250,000 250,000 PERFORMANCE PARK REFURBISHMENT PERFPK 204-5400-544.32-22 BUILDING REMODELING 200,000 200,000 TOWN HALL AC UNIT REPLACEMENT - PHASE 1 & 2 ACUNIT 204-5400-544.33-31 FURNITURE/FIXTURES 440,000 440,000 EVENT CENTER PUBLIC ACCESS WIRELESS INTERNET ECWIRE 204-5400-544.33-36 COMMUNICATION EQUIPMENT 100,000 100,000 EVENT CENTER SECURITY CAMERA SYSTEM ECSEC 204-5400-544.33-98 EQUIPMENT-OTHER 148,500 148,500 STORMWATER CREW PICKUP G68C 204-5400-544.34-41 AUTOMOBILES 62,381 62,381 NEW OFFICER PATROL CAR G158 204-5400-544.34-41 AUTOMOBILES 70,000 70,000 COMMUNITY DR INTERSECTION CONSTRUCTION CDINTR 204-5400-544.35-51 STREETS 1,338,244 1,338,244 COMMUNITY DR ENGINEERING DESIGN COMMDR 204-5400-544.35-51 STREETS 160,827 160,827 BIG THOMPSON FLOOD MITIGATION DESIGN BIGTHF 204-5400-544.35-53 STORM DRAINAGE - 550,000 550,000 GRAVES AVE IMPROVEMENT- SCOPE EXPANSION GRAVES 204-5400-544.35-60 WALKWAYS & BIKEWAYS 250,000 250,000 DOWNTOWN WAYFINDING PROJECT - PHASE 1 & 2 WAYFND 204-5400-544.35-63 WAYFINDING SIGNAGE 212,733 212,733 FLAP/RAMP ESTIMATED COSTS FLAP 204-5400-544.36-60 FED GRANT - FLAP - 500,000 500,000 *TOTAL COMMUNITY REINVESTMENT FUND 4,074,003 1,076,000 5,150,003 TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SCHEDULE OF BUDGETED PROJECTS ALL FUNDS Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * THUMB OPEN SPACE ACQUISITION THMBGO 211-5900-459.31-11 LAND - - THUMB OPEN SPACE PARKING IMPROVEMENTS THMBPK 211-5900-459.35-61 PARK IMPROVEMENTS 19,000 19,000 *TOTAL CONSERVATON TRUST FUND 19,000 - 19,000 * THUMB OPEN SPACE ECOLOGICAL ASSESSMENT *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 2,080 2,080 THUMB OPEN SPACE ROCK FALL STUDY *THUMB 220-4600-462-22-13 PROF SVCS - CONTRACT/SKILLED SVC 10,000 10,000 BIG THOMPSON RIVER PICNIC AREA (PKG GAR PAVILION) (GOCO PICNIC 220-4600-462.35-61 PARK IMPROVEMENTS 41,094 41,094 THUMB OS - GATE ON CURRY DRIVE THGATE 220-4600-462.35-61 PARK IMPROVEMENTS 16,000 16,000 THUMB OS - KIOSK & SIGNS THKIOS 220-4600-462.35-61 PARK IMPROVEMENTS 6,500 6,500 THUMB OS - TRAIL IMPROVEMENTS THTIMP 220-4600-462.35-61 PARK IMPROVEMENTS 30,240 30,240 CLIMBING ROCK BIG THOMPSON RIVER PICNIC AREA ROCK 220-4600-462.35-61 PARK IMPROVEMENTS 34,489 34,489 FALL RIVER TRAIL PHASE 1B (MTF GRANT)FRTR1B 220-4600-462.36-60 FALL RIVER TRAIL IMPR 686,513 250,107 936,620 FALL RIVER TRAIL PHASE 2A FRTR2A 220-4600-462.36-60 FALL RIVER TRAIL IMPR 159,107 (159,107) - FALL RIVER TRAIL PHASE 3 FRTR3 220-4600-462.36-60 FALL RIVER TRAIL IMPR - - *TOTAL LARIMER COUNTY OPEN SPACE FUND 986,023 91,000 1,077,023 * POLICE EOC COMPUTER REPL LPTOP3 236-3600-436.26-33 DATA PROCESSING EQUIPMENT - - *TOTAL EMERGENCY RESPONSE SYSTEM FUND - - - * BRODIE TRAIL EXTENSION BRODIE 244-3400-434.35-60 WALKWAYS & BIKEWAYS - - GRAVES AVE TRAIL (SRT SCHOOL GRANT PROJECT)GRAVES 244-3400-434.35-60 WALKWAYS & BIKEWAYS 648,480 350,762 999,242 MACGREGOR TRAIL EXTENSION EVRPMT 244-3400-434-35-60 WALKWAYS & BIKEWAYS - 12,500 12,500 FALL RIVER TRAIL FRTRL 244-3400-434.36-60 FALL RIVER TRAIL IMPR 112,390 112,390 FALL RIVER TRAIL PHASE 1A (TAP GRANT)FRTR1A 244-3400-434.36-60 FALL RIVER TRAIL IMPR 1,593,750 1,593,750 FALL RIVER TRAIL PHASE 2B FRTR2B 244-3400-434.36-60 FALL RIVER TRAIL IMPR 491,862 491,862 FALL RIVER TRAIL PHASE 3 FRTR3 244-3400-434.36-60 FALL RIVER TRAIL IMPR 274,762 (274,762) - *TOTAL TRAILS FUND 3,121,244 88,500 3,209,744 * MISCELLANEOUS DATA PROCESSING EQUIP EQUIP 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 3,200 3,200 PARKING SERVICE SOFTWARE & EQUIP PKSOFT 256-5690-569.33-33 DATA PROCESSING EQUIPMENT 48,562 48,562 *TOTAL PARKING SERVICES FUND 51,762 - 51,762 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * PINE KNOLLS DR IMPROVEMENTS PKNOLL 260-2000-420.35-51 STREETS 70,462 70,462 WILDFIRE ROAD IMPROVEMENTS WLDFIR 260-2000-420.35-51 STREETS 11,000 11,000 CLEAVE STREET MAJOR REHAB CLEAVE 260-2000-420.35-51 STREETS 70,663 70,663 3RD STREET MAJOR REHAB 3STLR 260-2000-420.35-51 STREETS 604,200 604,200 OVERLAY PROGRAM 2021 OVRLAY 260-2000-420.35-51 STREETS 105,116 105,116 OVERLAY PROGRAM 2022 OVRLAY 260-2000-420.35-51 STREETS 635,000 635,000 PARKING LOT REHABILITATION PARKLT 260-2000-420.35-52 PARKING LOT 11,569 11,569 EP MOBILITY HUB - VISITOR CTR PARKING LOT EPMOBH 260-2000-420.35-52 PARKING LOT 1,287,000 1,287,000 FLAP/RAMP ESTIMATED COSTS FLAP 260-2000-420.36-60 FED GRANT - FLAP - - *TOTAL STREET FUND 2,795,010 - 2,795,010 * TRAILBLAZER BROADBAND OFFICE TBNBND 502-7001-580.32-21 BUILDINGS 310,374 310,374 WOODSTOCK FACILITY LANDSCAPING TBNBND 502-7001-580.32-22 BUILDING REMODELING 14,404 14,404 P&C UPSTAIRS REMODEL PROJECT PCUPST 502-7001-580.32-22 BUILDING REMODELING 30,000 30,000 WOODSTOCK OFFICE FURNITURE TBFURN 502-7001-580.33-32 FURNITURE/FIXTURES 69,773 69,773 METERS ELMTR 502-7001-580.33-34 METERS 150,000 150,000 TRANSFORMER & TRIP SAVERS TRANSF 502-7001-580.33-35 TRANSFORMERS 226,680 226,680 SMART METER PURCHASES SMRTEL 502-7001-580.33-36 COMMUNICATION EQUIPMENT 70,000 70,000 VC, REPEATERS, SPARE VC CARDS EQUIP 502-7001-580.33-36 COMMUNICATION EQUIPMENT 10,000 10,000 NONSPECIFIC EQUIPMENT EQUIP 502-7001-580.33-41 TOOLS 15,000 15,000 2 REEL TRAILERS - #93370 & 93371 REELTR 502-7001-580.33-98 OTHER EQUIPMENT 48,000 48,000 3 PHASE REEL TRAILER 933104 502-7001-580.33-98 OTHER EQUIPMENT 130,000 130,000 REPL 2013 JEEP FREEDOM 93313C 502-7001-580.33-98 OTHER EQUIPMENT 36,344 36,344 NEW ONE TON PICKUP 93345 502-7001-580.33-98 OTHER EQUIPMENT 65,000 10,000 75,000 REPL 2003 JD 310SG BACKHOE 93328B 502-7001-580.33-98 OTHER EQUIPMENT 140,000 140,000 REPL 2015 CHEV 3500 93338B 502-7001-580.33-98 OTHER EQUIPMENT 65,000 10,000 75,000 REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93319C 502-7001-580.33-98 OTHER EQUIPMENT 45,000 45,000 REPL ONE TON TRUCK WITH TWO 1/2 TON TRUCKS 93335A 502-7001-580.33-98 OTHER EQUIPMENT 45,000 45,000 STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55 STREET LIGHTS 40,000 40,000 SMART FUSES (INTELLIRUPTER & TRIP SAVERS)SMTFUS 502-7001-580.35-57 POWER LINE CONSTRUCTION 82,030 82,030 LINE REBUILD LRBLDS 502-7001-580.35-57 POWER LINE CONSTRUCTION 248,481 248,481 NEW SERVICE CONNECTIONS WOKEXT 502-7001-580.35-59 CUSTOMER SERVICE LINES 742,451 742,451 SMART GRID FIBER OPTIC INSTALL SMTFBR 502-7001-580.35-66 FIBER OPTIC INSTALL 3,694 3,694 TRAILBLAZER BROADBAND CONSTRUCTION TBNBND 502-7001-580.35-66 FIBER OPTIC INSTALL 8,255,488 8,255,488 GIS MAPPING IMPROVEMENTS GIS18 502-7001-580.37-01 SOFTWARE DEVELOPMENT 104,114 104,114 SMART GRID SOFTWARE/MIDDLEWARE DEVELOPMENT SMTGRD 502-7001-580.37-01 SOFTWARE DEVELOPMENT 20,000 20,000 UTILITY BILLING MODERNIZATON PROJECT UBPRTL 502-7001-580.37-01 SOFTWARE DEVELOPMENT 10,000 10,000 *TOTAL POWER & COMMUNICATIONS FUND 10,976,833 20,000 10,996,833 * GLACIER CREEK WTP - DISCHARGE OUT STRUCTURE GCDSCH 503-7000-580.32-22 BUILDING REMODELING 50,000 50,000 BROOK DRIVE WATER SHOP REMODEL (KEARNEY SHOP)KEARNY 503-7000-580.32-22 BUILDING REMODELING 62,555 62,555 GCWTP ENGINEERING FOR INTAKE & PLANT IMPR GCTRET 503-7000-580.32-22 BUILDING REMODELING 1,650,000 1,650,000 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SCHEDULE OF BUDGETED PROJECTS ALL FUNDS GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.32-22 BUILDING REMODELING 183,941 183,941 BROOK DRIVE WATER SHOP FURNITURE & FIXT KEARNY 503-7000-580.33-31 FURNITURE/FIXTURES - - GENERAL OFFICE EQUIPMENT REPLACEMENT EQUIP 503-7000-580.33-32 OFFICE EQUIPMENT 6,000 6,000 METER REPLACEMENT PROJECT SMRTW 503-7000-580.33-34 METERS 250,000 250,000 BOR WATER METER REPLACEMENT PROJECT WUSBOR 503-7000-580-33-34 METERS 183,390 183,390 SCADA UPGRADES AT GLACIER WTP GPSCAD 503-7000-580.33-36 COMMUNICATION EQUIPMENT 57,523 57,523 SCADA VHF REPEATER & RADIOS EQUIP 503-7000-580.33-36 COMMUNICATION EQUIPMENT 90,893 90,893 STORAGE TANK MIXER WTRMXR 503-7000-580.33-40 PURIFICATION EQUIPMENT 18,000 18,000 CONFINED SPACE ENTRY EQUIPMENT WTTOOL 503-7000-580.33-41 TOOLS 15,000 15,000 SAFETY EQUIP (TRENCH BOXES AND SPEED SHORING EQUIP)WTTOOL 503-7000-580.33-41 TOOLS 5,000 5,000 LEAK CORRELATOR EQUIP LEAKCO 503-7000-580.33-98 OTHER EQUIPMENT 30,000 30,000 BULK WATER DISPENSER REPLACEMENT WTRDIS 503-7000-580.33-98 OTHER EQUIPMENT 150,000 150,000 EXCAVATOR & SKID STEER ANNUAL TRADE-INS EQUIP 503-7000-580.33-98 OTHER EQUIPMENT 8,000 8,000 CHEV COLORADO PICKUP 90314 503-7000-580.34-42 TRUCKS 3,345 3,345 JOBSITE UTV 90383 503-7000-580.34-42 TRUCKS 20,000 20,000 2011 FORD F-350 UNIT 9037A REPL 9037B 503-7000-580.34-42 TRUCKS 62,471 62,471 2007 FORD F-150 UNIT 90311A REPL 90311B 503-7000-580.34-42 TRUCKS 3,362 3,362 2013 Dodge 3500 90310B 503-7000-580.34-42 TRUCKS 64,000 64,000 2011 FORD EXPLORER REPL 9035B 503-7000-580.34-42 TRUCKS 31,300 31,300 2012 FORD F-350 4X4 REPL 9036B 503-7000-580.34-42 TRUCKS 59,700 59,700 PROSPECT MTN WATER DIST - LOAN IMPROVEMENTS PMLOAN 503-7000-580.35-54 WATER SYSTEM 10,589,145 10,589,145 18" MAIN VALVE INSTALLATIONS 18VALV 503-7000-580.35-54 WATER SYSTEM 120,000 120,000 NCWCD MUNICIPAL SUBDISTRICT INCLUSIONS NCWCD 503-7000-580.35-54 WATER SYSTEM 79,048 79,048 CIP ROCKWELL/WEST RIVERSIDE DR 16" MAIN ROCKWL 503-7000-580.35-54 WATER SYSTEM 95,053 95,053 CIP BUREAU AREA PHASE 3 WTBRP3 503-7000-580.35-54 WATER SYSTEM 521,264 521,264 CIP BUREAU AREA PHASE 4 WTBRP4 503-7000-580.35-54 WATER SYSTEM 1,647,912 1,647,912 ACACIA 4" ABANDONMENT ACACA4 503-7000-580.35-54 WATER SYSTEM 39,500 39,500 1360 BROOK DRIVE WATER SHOP WATERLINE (KEARNEY SHOP)KEARNY 503-7000-580.35-54 WATER SYSTEM 39,950 39,950 PARKING STRUCTURE WATERLINE PKGWTR 503-7000-580.35-54 WATER SYSTEM 225,000 225,000 BIG HORN DR WATER MAIN REPL BHWTRM 503-7000-580.35-54 WATER SYSTEM 509,091 509,091 SPRUCE DRIVE WATER MAIN REPL SPWTRM 503-7000-580.35-54 WATER SYSTEM 295,496 295,496 DEVILS GULCH WATER LINE EXTENSION DEVEXT 503-7000-580.35-54 WATER SYSTEM 12,000 12,000 GC DISINFECTION OUTREACH AND VERIFICATION EFFORT GCDOVE 503-7000-580.35-54 WATER SYSTEM 10,043,300 10,043,300 CARRIAGE DRIVE WATER MAIN REPL CAHILL 503-7000-580.35-54 WATER SYSTEM 271,079 271,079 YMCA/THUNDER MOUNTAIN PUMP HOUSE THRMTN 503-7000-580.35-54 WATER SYSTEM 167,798 167,798 ROCK GRIZZLY DIRT SCREEN RCKGRZ 503-7000-580.35-54 WATER SYSTEM 10,500 10,500 UTILITY MASTER PLAN WTRMPL 503-7000-580.35-62 UT SYSTEM MASTER PLAN 30,000 30,000 WTR RISK ASSESSMT & EMERG RESPONSE PLAN UPDATE WTREMG 503-7000-580.35-62 UT SYSTEM MASTER PLAN 69,024 69,024 GIS WORK WTRGIS 503-7000-580.37-01 SOFTWARE DEVELOPMENT 19,725 19,725 CIP USA WATER RIGHTS WITH BOR WTRRBR 503-7000-580.37-10 WATER RIGHTS 48,797 48,797 WATER RIGHT ACQUISITION/RENEWAL WTRRIT 503-7000-580.37-10 WATER RIGHTS 40,000 40,000 *TOTAL WATER FUND 27,878,162 - 27,878,162 Project Name/Description Project Code ACCOUNT NUMBER ACCOUNT DESCRIPTION 2022 Approved Budget Current Proposed Amendment 2022 Amended Budget TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SCHEDULE OF BUDGETED PROJECTS ALL FUNDS * PURCH WATER SHOP FOR NEW FLEET MAINT FAC FLSHOP 612-7000-610.32-21 BUILDINGS 400,000 400,000 DESIGN FOR REMODEL OF WATER SHOP FOR PW FLSHOP 612-7000-610.32-22 BUILDING REMODELING 158,143 158,143 ELECTRIC TROLLEY FACILITY & CHG STATION ELTRCH 612-7000-610.32-22 BUILDING REMODELING 371,348 371,348 *TOTAL FLEET MAINTENANCE FUND 929,491 - 929,491 * DELL SERVERS & 10 G SWITCHES & NAS STORAGE NETWRK 625-2500-425.33-98 OTHER EQUIPMENT 89,000 89,000 MPEC SERVER ROOM AC UNIT ACMPEC 625-2500-425.33-98 OTHER EQUIPMENT 17,500 17,500 *TOTAL INFORMATION TECHNOLOGY FUND 106,500 - 106,500 * POLICE G-155 CRUISER REPLACEMENT G-155A 635-7000-435.34-42 TRUCKS 64,000 64,000 POLICE CRUISER G-98A G-98B 635-7000-435.34-42 TRUCKS 21,068 21,068 POLICE CRUISER G-140A G-140A 635-7000-435.34-42 TRUCKS 60,000 60,000 STREETS -NEW STREET SWEEPER COMBINE G116A & G97B G116A 635-7000-435.34-42 TRUCKS 248,526 248,526 PARKS G-66B G66C 635-7000-435.34-42 TRUCKS 42,000 42,000 FLEET G-61 G61A 635-7000-435.34-42 TRUCKS 70,450 70,450 POLICE CRUISER REPL G142A 635-7000-435.34-42 TRUCKS 70,000 70,000 POLICE CRUISER REPL G148A 635-7000-435.34-42 TRUCKS 70,000 70,000 POLICE CRUISER REPL G71C 635-7000-435.34-42 TRUCKS 70,000 70,000 PARKS FORD RANGER PICKUP G45C 635-7000-435.34-42 TRUCKS 30,000 30,000 PARKS 4X4 UTILITY VEHICLE G114B 635-7000-435.34-42 TRUCKS 16,000 16,000 PARKS 4X4 UTILITY VEHICLE G128A 635-7000-435.34-42 TRUCKS 16,000 16,000 PARKS VANTAGE CART REPLACEMENT G202A 635-7000-435.34-42 TRUCKS 15,288 15,288 *TOTAL VEHICLE REPLACEMENT FUND 793,332 - 793,332 * *TOTAL PROJECT RECAP 53,525,541$ 1,284,500$ 54,810,041$ TOWN OF ESTES PARK BA#2 - 2022 MIDTERM ADJUSTMENT SCHEDULE OF BUDGETED APPROPRIATION CHANGES ALL FUNDS Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 101 General Fund Judicial NA Increase appropriations to cover the increase in the Judge's compensation approved by the Town Board in May 2022.Ongoing 2,400 2,400 101 General Fund Town Administrator's Office NA The Jensen Hughes Inc. police investigation contract was not completed until 2022. The balance of the budgeted appropriations for this project was not rolled forward and closed to fund balance at the end of 2021. The funding for the project needs to be reappropriated in 2022 to cover the 2022 expenses.One Time 13,968 13,968 101 General Fund Workforce Housing NA Reallocate $400,000 of the budgeted $500,000 workforce housing reserve contribution to an actual funding assistance line item in the budget. EPHA has proposed to acquire a large parcel of land that recently came on the market for a future workforce housing project and is seeking assistance for the initial downpayment. The Town Board will set the actual amount of assistance through a separate action. One Time 415,000 415,000 101 General Fund Workforce Housing NA Reduce the 2022 workforce housing reserve contribution for the amount budgeted for the EPHA downpayment assistance explained above.One Time (415,000) (415,000) 101 General Fund Public Works Various Net impact of Public Works restructuring approved July 26th.Ongoing (46,518) (46,518) 101 General Fund Police Patrol Net increase to cover Police Chief and Police Captain recruitment consultant and to remove the golf tournament which has been discontinued One Time 17,220 17,220 101 General Fund Police Community Services (Restorative Justice) Minor increase for cost increases to member dues and subscriptions.Ongoing 20 20 101 General Fund Police Code Enforcement Minor increase for cost increases to professional services and fee expense.Ongoing 40 40 101 General Fund Museum NA Acquisition of a large scale roll scanner for Museum paid for by an Estate Trust donation and donations from the Friends of the Museum Foundation.One Time 9,000 9,000 101 General Fund Finance NA Reduce transfers between the General Fund and Community Reinvestment Fund since this is no longer necessary after the April 2022 TABOR De-brucing measure passed.One Time (3,200,000) (3,200,000) Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 204 Community Reinvestment Fund Public Works Stormwater Big Thompson River Flood Mitigation Design project, partially funded by a FEMA Flood Mitigation Assistance grant in the amount of $410,625 with a local match of $139,375.One Time 550,000 550,000 204 Community Reinvestment Fund Finance NA Reduce transfers between the General Fund and Community Reinvestment Fund since this is no longer necessary after the April 2022 TABOR De-brucing measure passed.One Time (3,839,370) (3,839,370) 204 Community Reinvestment Fund Public Works Engineering Appropriate additional funding for the LOOP project out of General Fund capital reserves.One Time 500,000 500,000 204 Community Reinvestment Fund Museum NA During 2018, the Town sold Centenial merchandise with the proceeds restricted for Willow Knolls improvements. The final phase of the planned improvements is completion of an elevated steel walkway at the Birch Ruins to facilitate safely visiting the structure. The State Historical Fund has awarded the Town a $19,491 grant to be matched with at least $6,250 of Town dollars, obtained from these restricted Centenial revenues. A total of $26,000 in appropriations is hereby proposed for this project.One Time 26,000 26,000 220 Open Space Fund Public Works Engineering Net funding increase for Fall River Trail Phase 1B after reclassifying appropriations from Fall River Trail Phase 2A One Time 91,000 91,000 220 Open Space Fund Public Works NA Net impact of Public Works restructuring approved July 26th.Ongoing 328 328 244 Trails Expansion Fund Public Works Engineering Net funding increase to Graves Ave trail after reclassifying appropriations from other projects One Time 76,000 76,000 244 Trails Expansion Fund Public Works Engineering Funding to assist EVRPD with costs on the MacGregor Trail Extension project.One Time 12,500 12,500 256 Parking Services Fund Public Works Parking Svc Net impact of Public Works restructuring approved July 26th.Ongoing 47,854 47,854 502 Power & Communication Fund Utilities Capital Outlay Increase funding for replacement of 2 one ton trucks due to vehicle cost increases from $65,000 per unit to $75,000 per unit. One Time 20,000 20,000 502 P&C Fund Public Works Facilities Net impact of Public Works restructuring approved July 26th.Ongoing (3,796) (3,796) Fund Fund Name Department Division Description Of Change Type (One Time or Ongoing) One Time Increase (Decrease) Ongoing Increase (Decrease) Total Changes Increase (Decrease) 503 Water Fund Utilities Water Purification The salary projection for the original budget had an error in one of the formulas, resulting in zero dollars budgeted for two exisiting vacant positions, the Water Distribution Supervisor and a Water Plant Operator III - these wages are split between Water Purification and Water Distribution.Ongoing 45,265 45,265 503 Water Fund Utilities Water Distribution The salary projection for the original budget had an error in one of the formulas, resulting in zero dollars budgeted for two exisiting vacant positions, the Water Distribution Supervisor and a Water Plant Operator III - these wages are split between Water Purification and Water Distribution.Ongoing 135,795 135,795 503 Water Fund Public Works Facilities Net impact of Public Works restructuring approved July 26th.Ongoing (4,730) (4,730) 612 Fleet Maintenance Fund Public Works Fleet Maint Net impact of Public Works restructuring approved July 26th.Ongoing 39,544 39,544 Total Expenditure Appropriation Changes 1,315,688 (6,823,168) (5,507,480) Public Works Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Greg Muhonen, PE, Public Works Director Date: August 9, 2022 RE: Resolution 62-22 Grant Agreement for Federal Emergency Management Agency Flood Mitigation Assistance with the Colorado Department of Public Safety (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works (PW) staff is asking the Town Board to approve the grant agreement with the Colorado Department of Public Safety, Division of Homeland Security and Emergency Management (DHSEM) for the Federal Emergency Management Agency (FEMA) Flood Mitigation Assistance funding of the Project Scoping for capacity improvements on the Big Thompson River and Fall River. Present Situation: The 2013 flood event had a negative impact in the Estes Park downtown area. Hydrology and hydraulics analysis conducted for the Downtown Estes Loop Project indicates that multiple bridges and river channels are not adequate to convey the predicted flood flows necessary to protect properties, businesses, buildings and roads. In 2019, the Town Board directed PW staff to submit an application to the Department of Transportation (DOT) for their Better Utilizing Investments to Leverage Development (BUILD) grant program. This application was not awarded. A second grant application submitted in 2020 was also not awarded. Undeterred, PW staff continued to look for funding opportunities; at about the same time, FEMA established a new program, Building Resilient Infrastructure and Communities (BRIC). Following several months of researching this funding program and working with staff from the DHSEM, it was decided to take advantage of this Project Scoping grant opportunity. The grant application was submitted to DHSEM in January 2021 and issued for award on April 21, 2022. Proposal: The FEMA Project Scoping program will provide the Town the opportunity to support conceptual and preliminary engineering, environmental feasibility, utility impacts, and a benefit cost analysis (BCA). The proposed project is large and complicated, so these funds will provide valuable information and data used for a construction grant application in the future. The proposed project will assess widening the Big Thompson River channel between the US 36 Bridge and the Riverside Drive Bridge; replacing the Riverside Drive Bridge and Rockwell Street Bridge; and channel work on Fall River from the confluence upstream to the Moraine Avenue Bridge. PW proposes to hire an engineering consulting firm in 2023 to initiate this work. The scoping program effort must be completed before the agreement expires in 2025. Advantages: • A FEMA Project Scoping grant positions the Town to submit a stronger construction grant application in the future. • Completing conceptual and preliminary engineering, environmental feasibility, utility impacts, and a BCA will result in a construction grant application process that is more efficient. • This work is a first step in making our downtown river corridors more resilient. • Project scoping will provide valuable information and data that can be used to help protect our historic downtown area (properties, businesses, buildings and roads) from significant flood events. • This grant supports the Board’s adopted Stormwater Master Plan. • This grant will provide priority information if phasing of subprojects is necessary. Disadvantages: • This focus on defining the preliminary design scope further delays construction; however, it provides an opportunity for the Town to produce a stronger construction grant application in the future. • The local cost share requirement of $136k redirects funds from other competing needs; however, it leverages $410k in federal funding to launch the broader floodway improvements for downtown Estes Park. Action Recommended: Staff recommends the Town Board approve this grant agreement. Finance/Resource Impact: The total project budget is $547,500 with $410,625 contributed by the grant (75%) and $136,875 required in local matching funds (25%) from the Town. The local cost share can be added to either the 2022 or 2023 budgets for Fund 204, Community Reinvestment Fund. Level of Public Interest Public interest is expected to be low because of the long time-span since the 2013 flood. Sample Motion: I move for the approval/ denial of Resolution 62-22. Attachments: 1. Resolution 62-22 FMA 2020 Grant Agreement 2.FMA 2020 Estes Park Grant Agreement RESOLUTION 62-22 APPROVING A FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD MITIGATION ASSISTANCE GRANT AGREEMENT WHEREAS, the Town Board desires to enter the grant agreement referenced in the title of this resolution for the purpose of accepting federal funding to perform conceptual and preliminary engineering, environmental feasibility, utility impacts, and a benefit cost analysis (BCA) to assess widening the Big Thompson River channel between the US 36 Bridge and the Riverside Drive Bridge; replacing the Riverside Drive Bridge and Rockwell Street Bridge; and channel work on Fall River from the confluence to the Moraine Avenue Bridge; and WHEREAS, the project supports the goals of the Estes Valley Stormwater Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the grant 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 1 700 Kipling Street, Lakewood, CO 80215 | www.colorado.gov/publicsafety Jared Polis, Governor | Stan Hilkey, Executive Director Wendy Koenig Mayor Town of Estes Park 170 MacGregor Avenue Estes Park,CO 80517 June 22, 2022 20FMA22TEP Dear Wendy: We are pleased to inform you that the Colorado Department of Public Safety, Division of Homeland Security and Emergency Management (DHSEM) has approved the Town of Estes Park’s application for funding pursuant to the Flood Mitigation Assistance (“Program”) in the amount of $547,500.00 ($410,625.00 from Federal, 136,875.00 Local Match). This letter authorizes you to proceed with the approved application projects Project”) in accordance with the terms of this Grant Award Letter. Attached to this letter are the terms and conditions of your Grant. Please review these terms and conditions as they are requirements of this Grant to which you Grantee agree by accepting the Grant Funds. If you have questions regarding this Grant, please contact: Debbie Goerlitz at either debbie.goerlitz@state.co.us or (720) 584-1958. Sincerely, Matt Arsenault Mitigation Projects Team Supervisor Colorado Department of Public Safety Division of Homeland Security and Emergency Management CC: Debbie Goerlitz, Mitigation Project Specialist Grant File Office of Grants Management 8000 South Chester Street, Suite 575 Centennial, CO 80112 Matt Arsenault Digitally signed by Matt Arsenault DN: cn=Matt Arsenault, o=DHSEM, ou=DHSEM, email=matt.arsenault@state.co.us c=US Date: 2022.06.22 14:20:11 -06'00' ATTACHMENT 2 Grant Acronym + Year Encumbrance #: ##XXX##XXXX Page 1 of 14 Version 08.10.2021 TABLE OF CONTENTS GRANT AWARD LETTER ................................................................................................................................... 1 SIGNATURE PAGE ............................................................................................................................................... 2 1. GRANT ........................................................................................................................................................... 3 2. TERM .............................................................................................................................................................. 3 3. DEFINITIONS ................................................................................................................................................ 3 4. STATEMENT OF WORK .............................................................................................................................. 6 5. PAYMENTS TO GRANTEE ......................................................................................................................... 6 6. REPORTING - NOTIFICATION ................................................................................................................... 8 7. GRANTEE RECORDS ................................................................................................................................... 8 8. CONFIDENTIAL INFORMATION -STATE RECORDS ............................................................................. 9 9. CONFLICTS OF INTEREST ....................................................................................................................... 10 10. INSURANCE ................................................................................................................................................ 10 11. REMEDIES ................................................................................................................................................... 10 12. DISPUTE RESOLUTION ............................................................................................................................ 11 13. NOTICES AND REPRESENTATIVES ...................................................................................................... 11 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ............................................................. 11 15. GOVERNMENTAL IMMUNITY ............................................................................................................... 11 16. GENERAL PROVISIONS ........................................................................................................................... 11 EXHIBIT A, STATEMENT OF WORK ........................................................................................................ 1 EXHIBIT B, BUDGET ................................................................................................................................... 1 EXHIBIT C, SAMPLE OPTION LETTER .................................................................................................... 1 EXHIBIT D, FEDERAL PROVISIONS ....................................................................................................... 1 FMA 2020 Encumbrance #: 20FMA22TEP Page 1 of 13 Version 08.10.2021 GRANT AWARD LETTER SUMMARY OF GRANT AWARD TERMS AND CONDITIONS State Agency Department of Public Safety Grant Amount 410,625.00 Grantee The Town of Estes Park Local Match Amount 136,875.00 Federal Award Information Grant Issuance Date April 20, 2022 Encumbrance #: 20FMA22TEP Subrecipient UEI: KNMKSMB6JNW5 Federal Award Identification # (FAIN): EMD-2020-FM-015 Federal Award Date April 20, 2022 Grant Expiration Date April 20, 2025 Name of Federal Awarding Agency DHS / FEMA Assistance Listing (CFDA): 97.029 Flood Mitigation Assistance Identification if the Award is for R&D: No Grant Authority Federal Authority to enter into this Grant exists in Section 1366 of The National Flood Insurance Act of 1968, as amended Pub. L. No. 90-448) (42 U.S.C. § 4104c) State Authority: to enter this Grant exists in CRS §24-1-128.6. Grant Purpose The Flood Mitigation Assistance (FMA) grant program provides funding to States, Territories, Indian Tribal governments and communities to assist in their efforts to reduce or eliminate the risk of repetitive flood damage to buildings and structures insurable under the National Flood Insurance Program (NFIP). Exhibits and Order of Precedence The following Exhibits and attachments are included with this Grant: 1. Exhibit A, Statement of Work. 2. Exhibit B, Budget. 3. Exhibit C, Sample Option Letter. 4. Exhibit D, Federal Provisions. In the event of a conflict or inconsistency between this Grant and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. Exhibit D, Federal Provisions. 2. The provisions of the other sections of the main body of this Grant. 3. Exhibit A, Statement of Work. 4. Exhibit B, Budget. FMA 2020 Encumbrance #: 20FMA22TEP Page 2 of 13 Version 08.10.2021 SIGNATURE PAGE THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT GRANTEE TOWN OF ESTES PARK By: PRINT Name, Mayor, or Designated Delegate Date: _________________________ GRANTEE TOWN OF ESTES PARK By: PRINT Name, Town Clerk Date: _________________________ GRANTEE TOWN OF ESTES PARK By: Dan Kramer, Town Attorney Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Department of Public Safety, Division of Homeland Security and Emergency Management Kevin R. Klein, Director By: Sheila M. Q. Scanlon, Chief of Staff for: Kevin R. Klein, Director Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD Department of Public Safety, Division of Homeland Security and Emergency Management By: Laura Dehart, State Controller Delegate Date: _________________________ 8/1/2022 FMA 2020 Encumbrance #: 20FMA22TEP Page 3 of 13 Version 08.10.2021 1. GRANT As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter, Grantee agrees to comply with the terms and conditions of this Grant Award Letter and requirements and provisions of all Exhibits to this Grant Award Letter. 2. TERM A. Initial Grant Term and Extension The Parties’ respective performances under this Grant Award Letter shall commence on the Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Grant Award Letter. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award Letter by providing Grantee with an updated Grant Award Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Grant Award Letter to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award Letter ceases to further the public interest of the State or if State, Federal or other funds used for this Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or in part by providing written notice to Grantee that includes, to the extent practicable, the public interest justification for the termination. If the State terminates this Grant Award Letter in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Grant Award Letter that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-of-pocket expenses not otherwise reimbursed under this Grant Award Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Grant Award Letter by the State for breach by Grantee. C. Grantee’s Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. “Budget” means the budget for the Work described in Exhibit B. FMA 2020 Encumbrance #: 20FMA22TEP Page 4 of 13 Version 08.10.2021 B. “Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S. C. “CJI” means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all information defined as criminal justice information by the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under §24-72-302, C.R.S. D. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S. E. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of this Grant. F. “Extension Term” means the period of time by which the Grant Expiration Date is extended by the State through delivery of an updated Grant Award Letter. G. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract under the Federal Acquisition Regulations by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. H. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) is the Federal Awarding Agency for the Federal Award which is the subject of this Grant. I. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Grant Award Letter and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. J. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. K. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Grant Award Letter. L. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this Grant Award Letter. M. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant Award Letter. N. “Grantee” means the entity shown on the first page of this Grant Award Letter; an individual or organization that has been awarded this grant. For the purposes of this Grant, Grantee is also referred to as Subrecipient. O. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. P. “Initial Term” means the time period between the Grant Issuance Date and the Grant Expiration Date. FMA 2020 Encumbrance #: 20FMA22TEP Page 5 of 13 Version 08.10.2021 Q. “Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. R. “Party” means the State or Grantee, and “Parties” means both the State and Grantee. S. “PCI” means payment card information including any data related to credit card holders’ names, credit card numbers, or the other credit card information as may be protected by state or federal law. T. “PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S. U. “PHI ” means any protected health information, including, without limitation any information whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual; and ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes, but is not limited to, any information defined as Individually Identifiable Health Information by the federal Health Insurance Portability and Accountability Act. V. “Recipient” means the State Agency shown on the first page of this Grant Award Letter, for the purposes of the Federal Award. W. “Services” means the services to be performed by Grantee as set forth in this Grant Award Letter, and shall include any services to be rendered by Grantee in connection with the Goods. X. “State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. Y. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. Z. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. AA. “State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. FMA 2020 Encumbrance #: 20FMA22TEP Page 6 of 13 Version 08.10.2021 BB. “Sub-Award” means this grant by the State (a Recipient) to Grantee (a Subrecipient) funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to this Sub-Award unless the terms and conditions of the Federal Award specifically indicate otherwise. CC. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees. DD. “Subrecipient” means a state, local government, Indian tribe, institution of higher education IHE), or nonprofit organization entity that receives a Sub-Award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Grant, Grantee is a Subrecipient. EE. “Tax Information” means Federal and State of Colorado tax information including, without limitation, Federal and State tax returns, return information, and such other tax-related information as may be protected by Federal and State law and regulation. Tax Information includes, but is not limited to all information defined as Federal tax information in Internal Revenue Service Publication 1075. FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. GG. “Work” means the delivery of the Goods and performance of the Services described in this Grant Award Letter. HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Grant Issuance Date that is used, without modification, in the performance of the Work. Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Grantee shall complete the Work as described in this Grant Award Letter and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Grant Award Letter. 5. PAYMENTS TO GRANTEE A. Maximum Amount i. Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for each State Fiscal Year shown on the first page of this Grant Award Letter. Financial obligations of the State payable after the current State Fiscal Year are contingent upon FMA 2020 Encumbrance #: 20FMA22TEP Page 7 of 13 Version 08.10.2021 funds for that purpose being appropriated, budgeted, and otherwise made available. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Grant Issuance Date or after the Grant Expiration Date; provided, however, that Work performed and expenses incurred by Grantee before the Grant Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Federal Award. ii. The State, at its discretion and in good faith, may unilaterally increase or decrease the total funds available under this Grant, the funds available under the Grant during any State Fiscal Year or the funds available for any specific line item described in this Grant. In Order to Exercise this right, the State shall provide written notice to Grantee in a form substantially equivalent to Exhibit C. The exercise of this right shall not be valid until it has been approved by the State Controller or delegate. B. Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C. Matching Funds Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes, or penalties of any nature, except as required by Grantee’s laws or policies. D. Reimbursement of Grantee Costs The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in this Grant Award Letter for all allowable costs described in this Grant Award Letter and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify the total maximum amount of this Grant Award Letter or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the Federal share of properly documented allowable costs related to the Work after the State’s review and approval thereof, subject to the provisions of this Grant. The State shall only reimburse allowable costs if those costs are: i. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and FMA 2020 Encumbrance #: 20FMA22TEP Page 8 of 13 Version 08.10.2021 ii. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). E. Close-Out Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal Award within 1 year and 90 days after the Grant Expiration Date due to Grantee’s failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted. 6. REPORTING - NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out described in §5.E, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records during normal business hours at Grantee’s office or place of business, unless the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring The State will monitor Grantee’s performance of its obligations under this Grant Award Letter using procedures as determined by the State. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. If Grantee enters into a subcontract or subgrant with an entity that would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. FMA 2020 Encumbrance #: 20FMA22TEP Page 9 of 13 Version 08.10.2021 C. Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Grant or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publicly available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy, or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Grant Award Letter. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. If Grantee or any of its Subcontractors will or may receive the following types of data, Grantee or its Subcontractors shall provide for the security of such data according to the following: (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax Information attached to this Grant as an Exhibit, if applicable, (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIPAA Business Associate Agreement attached to this Grant, if applicable. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative. B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Grant Award Letter. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to FMA 2020 Encumbrance #: 20FMA22TEP Page 10 of 13 Version 08.10.2021 Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. E. Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. 10. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 11. REMEDIES In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails to comply with any term or condition of this Grant or any terms of the Federal Award, the State may terminate some or all of this Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion. The State may also terminate this Grant Award Letter at any FMA 2020 Encumbrance #: 20FMA22TEP Page 11 of 13 Version 08.10.2021 time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 12. DISPUTE RESOLUTION Except as herein specifically provided otherwise or as required or permitted by federal regulations related to any Federal Award that provided any of the Grant Funds, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 13. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §13. 14. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 15. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10- 101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. 16. GENERAL PROVISIONS A. Assignment Grantee’s rights and obligations under this Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Grant Award Letter. B. Captions and References The captions and headings in this Grant Award Letter are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Grant Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding FMA 2020 Encumbrance #: 20FMA22TEP Page 12 of 13 Version 08.10.2021 This Grant Award Letter represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Grant Award Letter. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Grant Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. G. Severability The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect the validity or enforceability of any other provision of this Grant Award Letter, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. H. Survival of Certain Grant Award Letter Terms Any provision of this Grant Award Letter that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Grant Award Letter does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. J. Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Compliance with State and Federal Law, Regulations, and Executive Orders FMA 2020 Encumbrance #: 20FMA22TEP Page 13 of 13 Version 08.10.2021 Grantee shall comply with all State and Federal law, regulations, executive orders, State and Federal Awarding Agency policies, procedures, directives, and reporting requirements at all times during the term of this Grant. L. Accessibility Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/. FMA 2020 Encumbrance #: 20FMA22TEP Page 1 of 4 Exhibit A EXHIBIT A, STATEMENT OF WORK 1. GENERAL DESCRIPTION OF THE PROJECT(S). 1.1 Project Description. The Town of Estes Park will use Flood Mitigation Assistance (FMA) 2020 project scoping funds to improve channel capacity along two rivers through the historic downtown corridor of Estes Park. This includes the consideration of bridge replacement at two river crossings. Full project scope of work is further detailed in the Project Scoping, Environmental Historic Preservation Memorandum included with the approved application for FMA 2020 funding. 1.2 Project Expenses. Approved project expenses include those outlined in the approved FMA 2020 application, and as described in §1.1 of this Exhibit A. All eligible expenses are listed in the budget table in Exhibit B. 1.3 Non-Federal Match: This non-federal match section does apply to this Grant. If applicable the match may include in-kind match. If it applies, this Grant requires a non-federal match contribution of 25% of the total Grant budget. Documentation of expenditures for the non-federal match contribution is required with each drawdown request. 2. PRINCIPAL REPRESENTATIVES: For the State: For Grantee: Matt Arsenault, Mitigation Projects Team Supervisor Greg Muhonen, Public Works Director Department of Public Safety, Division of Homeland Security & Emergency Management Town of Estes Park 9195 East Mineral Avenue, Suite 200 170 MacGregor Avenue Centennial, CO 80112 Estes Park, CO 80517 Matt.Arsenault@state.co.us gmuhonen@estes.org 3. ADMINISTRATIVE REQUIREMENTS: 3.1 The Grantee must request approval in advance for any change to this Grant Agreement, using the forms and procedures established by the DHSEM. 3.2 Required Documentation: Grantees shall retain all procurement and payment documentation on site for inspection. This shall include, but not be limited to, purchase orders, receiving documents, invoices, vouchers, equipment/services identification, and time and effort reports. Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are allowable and appropriate as detailed below: 3.2.1 Equipment or tangible goods. When requesting reimbursement for equipment items with a purchase price of or exceeding $5,000, and a useful life of more than one year, the Grantee shall provide a unique identifying number for the equipment, with a copy of the Grantee’s invoice and proof of payment. The unique identifying number can be the manufacturer’s serial number or, if the Grantee has its own existing inventory numbering system, that number may be used. The location of the equipment shall also be provided. In addition to ongoing tracking requirements, Grantee shall ensure that equipment items with per unit cost of $5,000 or more are prominently marked in a manner similar to the following: Purchased with funds provided by the U.S. Department of Homeland Security. 3.2.2 Services. Grantees shall include contract/purchase order number(s) or employee names, the date(s) the services were provided and the nature of the services. EXHIBIT A, SCOPE OF WORK (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 2 of 4 Exhibit A 3.3 Non-Supplanting Requirement: Grantees receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace supplant) funds that have been budgeted for the same purpose through non-federal sources. 3.4 Procurement: A Grantee shall ensure its procurement policies meet or exceed local, state, and federal requirements. Grantees should refer to local, state, and federal guidance prior to making decisions regarding competitive bids, sole source or other procurement issues. In addition: 3.4.1 Any sole source transaction in excess of $100,000 shall be approved in advance by the DHSEM. 3.4.2 Grantees shall ensure that: (a) All procurement transactions, whether negotiated or competitively bid, and without regard to dollar value, are conducted in a manner that provides maximum open and free competition; (b) Grantee shall be alert to organizational conflicts of interest and/or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade; (c) Contractors who develop or draft specifications, requirements, statements of work, and/or Requests for Proposals (RFPs) for a proposed procurement shall be excluded from bidding or submitting a proposal to compete for the award of such procurement; and (d) Any request for exemption of item a- c within this subsection shall be submitted in writing to, and be approved by the authorized Grantee official. 3.4.3 Grantee shall verify Contractor(s) is/are not debarred from participation in state and federal programs by reviewing contractor debarment information on http://www.sam.gov. 3.4.4 When issuing requests for proposals, bid solicitations, and other published documents describing projects or programs funded in whole or in part with these grant funds, Grantee and Subgrantees shall use the following phrase in the request listing: This project was supported by grant #20FMA22TEP, issued by the Colorado Division of Homeland Security and Emergency Management.” 3.4.5 Grantee shall ensure that no rights or duties exercised under this grant, or equipment purchased with Grant Funds having a purchase value of $5,000 or more, are assigned without the prior written consent of the DHSEM. 3.5 Additional Administrative Requirements: 3.5.1 Grantee shall ensure all purchases are listed or referenced in §1 or §3 of this Exhibit A. Equipment purchases, if any, shall be for items listed in the Approved Equipment List A.E.L) during the grant period at https://www.fema.gov/authorized-equipment-list. Additionally, funds used to support emergency communications activities should comply with the FY 2021 SAFECOM Guidance for Emergency Communication Grants, at https://www.cisa.gov/publication/funding-documents 3.5.2 Environmental Planning and Historic Preservation (EHP) Review: DHS/FEMA funded activities that may require an EHP review are subject to the FEMA Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as EXHIBIT A, SCOPE OF WORK (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 3 of 4 Exhibit A mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and, any other applicable laws and Executive Orders. To access the FEMA EHP screening form and instructions, visit the DHS/FEMA website at: https://www.fema.gov/grants/preparedness/preparedness- grants-ehp-compliance In order to initiate EHP review of the project(s) requires completion of all relevant sections of the EHP form and submit it to DHSEM, along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA and DHSEM may not be able to fund the project due to noncompliance with EHP laws, executive order, regulations, and policies. If ground disturbing activities occur during construction, subrecipient will monitor ground disturbance, and if any potential archeological resources are discovered, subrecipient will immediately cease work in that area and notify DHSEM, which will immediately notify DHS/FEMA for further action. 3.5.3 All applicant agencies that own resources currently covered by the Colorado Resource Typing Standards must agree to participate in the State's Emergency Resource Inventory Report and update their information on a quarterly basis. 3.5.4 Regardless of exercise type or scope, After Action Reports/Improvement Plans are due to the State Training and Exercise Program Manager within 45 days of the exercise. All funding related to exercises must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP), and must be National Incident Management System (NIMS) compliant. 4. REPORTING REQUIREMENTS: 4.1 Quarterly Progress Reports. The project(s) approved in this Grant are to be completed on or before the termination date stated on the agreement’s Grant Award Letter of this grant agreement. Grantee shall submit quarterly progress reports for each project identified in this agreement using the format provided by the Department of Public Safety’s Division of Homeland Security and Emergency Management (DHSEM) throughout the life of the grant. Grantee shall submit narrative and financial reports describing project progress and accomplishments, and/or any delays in meeting project objectives and expenditures, to date as described in §4 of this Exhibit A. Reports shall be submitted in accordance with the schedule table below. The order of the reporting period quarters below is irrelevant to the grant. Reports for the respective period are due on or before the due dates listed below if the grant is open during the “report period” time, and for every quarter that the grant remains open. Report Period Due Date October – December January 30 January –March April 30 April – June July 30 July – September October 30 4.2 Final Reports: Grantee shall submit final progress reports that provide final financial reconciliation and final cumulative grant/project accomplishments within 45 days of the end of the EXHIBIT A, SCOPE OF WORK (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 4 of 4 Exhibit A project/grant period of performance. The final report may not include unliquidated obligations and must indicate the exact balance of unobligated funds. The final reports may substitute for the quarterly reports for the final quarter of the grant period. If all projects are completed before the end of the grant period, the final report may be submitted at any time during the period of performance. Further reports are not due after the DHSEM has received, and sent notice of acceptance, of the final grant report. 5. PAYMENT: 5.1 Payment Schedule: Grantee shall submit requests for reimbursement using the DHSEM’s provided form, submission preference, and quarterly at minimum. One original or electronically signed/submitted copy of the reimbursement request is due on the same dates as the required progress reports outlined in §4.1 of this Exhibit A. All requests shall be for eligible actual expenses incurred by Grantee, and as described in detail in the budget table(s) of Exhibit B. Requests shall be accompanied by supporting documentation totaling at least the amount requested for reimbursement and any required non-federal match contribution as outlined in §3.2 of this Exhibit A. If any progress reports are delinquent at the time of a payment request, the DHSEM may withhold such reimbursement until the required reports have been submitted. 5.2 Payment Amount: If non-federal match is required, such match shall be documented with every payment request. Excess match documented and submitted with one reimbursement request shall be applied to subsequent requests as necessary to maximize the allowable reimbursement. 6. TESTING AND ACCEPTANCE CRITERIA: The DHSEM shall evaluate Project(s) through the review of Grantee submitted financial and progress reports, and may also conduct on-site monitoring to determine whether the Grantee is meeting/has met the performance goals, administrative standards, financial management, and other requirements of this grant. The DHSEM will notify Grantee in advance of such on-site monitoring. FMA 2020 Encumbrance #: 20FMA22TEP Page 1 of 1 Exhibit B EXHIBIT B, BUDGET BUDGET: Project Activity/Line Item Federal Share Grantee’s Matching Funds TOTAL Project Environmental Impact Review $ 112,500.00 $ 37,500.00 $ 150,000.00 Preliminary Design Modifications based on BCA $ 37,406.25 $ 12,468.75 $ 49,875.00 Utilities Impact Assessment $ 18,750.00 $ 6,250.00 $ 25,000.00 Acquisition Assessment $ 37,406.25 $ 12,468.75 $ 49,875.00 Preliminary Design (30%), includes community input $ 111,562.50 $ 37,187.50 $ 148,750.00 BCA $ 37,125.00 $ 12,375.00 $ 49,500.00 Conceptual Design, includes community input $ 37,125.00 $ 12,375.00 $ 49,500.00 Initial BCA $ 18,750.00 $ 6,250.00 $ 25,000.00 PROJECT ACTIVITY SUBTOTALS $ 410,625.00 $ 136,875.00 $ 547,500.00 TOTAL AWARD AMOUNT $ 410,625.00 FMA 2020 Encumbrance #: 20FMA22TEP Page 1 of 1 Exhibit C EXHIBIT C, SAMPLE OPTION LETTER State Agency Department of Public Safety Option Letter Number Insert Number (e.g. "1" for the first option) Grantee Insert Full Legal Name. Counties shall be written as Board of County Commissioners of [County Name] County Option Agreement Number Insert CMS Number Federal Award Information Option Agreement Maximum Amount Insert AmountEncumbrance #: YYPDMYYxxxx Subrecipient DUNS#: Insert DUNS Number Federal Award Identification # (FAIN): Insert FAIN Number Agreement Performance Beginning Date Month Day, YearFederalAwardDateMonthDay, Year Name of Federal Awarding Agency Insert Fed Agency Acronym Assistance Listing (CFDA): Insert CFDA # Current Agreement Expiration Date Month Day, Year Grant Program Name Identification if the Award is for R&D: No 1. OPTIONS: A. Option to extend for an Extension Term B. Option to modify Budget table under the Agreement 2. REQUIRED PROVISIONS: A. For use with Option 1(A): In accordance with §(s) Number of the Original Agreement referenced above, the State hereby exercises its option for an additional term, beginning Month Day, Year and ending on the current Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended. B. For use with all Options that modify the Grant Maximum Amount: In accordance with §5(A)(ii), the Grant Maximum Amount table on the Grant Award Letter is hereby deleted and replaced with the Option Agreement Maximum Amount table shown above. The maximum amount payable by the State for performance of this Grant Agreement is increased/decreased to $ and the maximum amount of local matching funds, if applicable, is The total project amount is $ . Project Activity/Line Item Federal Share State Share Organization $ 0.00 $ 0.00 Planning $ 0.00 $ 0.00 Equipment $ 0.00 $ 0.00 Training $ 0.00 $ 0.00 TOTAL AWARD AMOUNT $ 0.00 3. OPTION EFFECTIVE DATE: The effective date of this Option Letter is upon approval of the State Controller. STATE OF COLORADO Jared Polis, Governor Department of Public Safety, Division of Homeland Security and Emergency Management By: Kevin R. Klein, Director Date: _________________________ In accordance with §24-30-202 C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:_________________________________________ Colorado Department of Public Safety, Laura Dehart, State Controller Delegate Option Effective Date:_____________________ FMA 2020 Encumbrance #: 20FMA22TEP Page 1 of 8 Exhibit D EXHIBIT D, FEDERAL PROVISIONS 1. APPLICABILITY OF PROVISIONS. 1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in part, with an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments or exhibits incorporated into and made a part of the Grant, the provisions of these Federal Provisions shall control. 1.2. These Federal Provisions are subject to the Award as defined in §2 of these Federal Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institutions of higher education. 2. DEFINITIONS. 2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to them below. 2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth the terms and conditions of that financial assistance, that a non-Federal Entity receives or administers. 2.1.2. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and assigned by Dun and Bradstreet, Inc. to uniquely identify a business entity. Dun and Bradstreet’s website may be found at: http://fedgov.dnb.com/webform. 2.1.3. “Entity” means: 2.1.3.1. a Non-Federal Entity; 2.1.3.2. a foreign public entity; 2.1.3.3. a foreign organization; 2.1.3.4. a non-profit organization; 2.1.3.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only); 2.1.3.6. a foreign non-profit organization (only for 2 CFR part 170) only); 2.1.3.7. a Federal agency, but only as a Subrecipient under an Award or Subaward to a non-Federal entity (or 2 CFR 200.1); or 2.1.3.8. a foreign for-profit organization (for 2 CFR part 170 only). 2.1.4. “Executive” means an officer, managing partner or any other employee in a management position. 2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as described in 2 CFR 200.1 2.1.6. “Grant” means the Grant to which these Federal Provisions are attached. 2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these Federal Provisions are attached. EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 2 of 8 Exhibit D 2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal Award as a Recipient or a Subrecipient. 2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or other organization, not including IHEs, that: 2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; 2.1.9.2. Is not organized primarily for profit; and 2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the organization. 2.1.10. “OMB” means the Executive Office of the President, Office of Management and Budget. 2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a Subrecipient to carry out part of a Federal program. 2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher education identified as the Grantor in the Grant to which these Federal Provisions are attached. 2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Subaward unless the terms and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. 2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient, including program compliance requirements. The term does not include an individual who is a beneficiary of a federal program. 2.1.15. “System for Award Management (SAM)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.sam.gov. 2.1.16. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48 CFR 4.1403(a)) and includes the following: 2.1.16.1. Salary and bonus; 2.1.16.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based Payments; EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 3 of 8 Exhibit D 2.1.16.3. Earnings for services under non-equity incentive plans, not including group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 2.1.16.4. Change in present value of defined benefit and actuarial pension plans; 2.1.16.5. Above-market earnings on deferred compensation which is not tax- qualified; 2.1.16.6. Other compensation, if the aggregate value of all such other compensation e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the Executive exceeds 10,000. 2.1.17. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252. 2.1.18. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The terms and conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform Guidance or the terms and conditions of the Federal Award specifically indicate otherwise. 3. COMPLIANCE. 3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto, all applicable provisions of the Uniform Guidance, and all applicable Federal Laws and regulations required by this Federal Award. Any revisions to such provisions or regulations shall automatically become a part of these Federal Provisions, without the necessity of either party executing any further instrument. The State of Colorado, at its discretion, may provide written notification to Grantee of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING SYSTEM (DUNS) REQUIREMENTS. 4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee submits the final financial report required under the Award or receives final payment, whichever is later. Grantee shall review and update SAM information at least annually after the initial registration, and more frequently if required by changes in its information. 4.2. DUNS. Grantee shall provide its DUNS number to its Prime Recipient, and shall update Grantee’s information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently if required by changes in Grantee’s information. 5. TOTAL COMPENSATION. 5.1. Grantee shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if: 5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more; and 5.1.2. In the preceding fiscal year, Grantee received: EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 4 of 8 Exhibit D 5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 5.1.2.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986. 6. REPORTING. 6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee shall report data elements to SAM and to the Prime Recipient as required in this Exhibit. No direct payment shall be made to Grantee for providing any reports required under these Federal Provisions and the cost of producing such reports shall be included in the Grant price. The reporting requirements in this Exhibit are based on guidance from the OMB, and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Grant and shall become part of Grantee’s obligations under this Grant. 7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING. 7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent Award modifications result in a total Award of $30,000 or more, the Award is subject to the reporting requirements as of the date the Award exceeds $30,000. If the initial Award is $30,000 or more, but funding is subsequently de-obligated such that the total award amount falls below 30,000, the Award shall continue to be subject to the reporting requirements. 7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years beginning on or after December 26, 2014. 8. SUBRECIPIENT REPORTING REQUIREMENTS. 8.1. If Grantee is a Subrecipient, Grantee shall report as set forth below. 8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Federal Award Identification Number (FAIN) assigned by a Federal agency to a Prime Recipient no later than the end of the month following the month in which the Subaward was made: 8.1.1.1. Subrecipient DUNS Number; 8.1.1.2. Subrecipient DUNS Number if more than one electronic funds transfer EFT) account; 8.1.1.3. Subrecipient parent’s organization DUNS Number; 8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip 4, and Congressional District; 8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in 4 above are met; and EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 5 of 8 Exhibit D 8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if the criteria in §4 above met. 8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of the Grant, the following data elements: 8.1.2.1. Subrecipient’s DUNS Number as registered in SAM. 8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip code + 4, and Congressional District. 9. PROCUREMENT STANDARDS. 9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which reflect applicable State, local, and Tribal laws and applicable regulations, provided that the procurements conform to applicable Federal law and the standards identified in the Uniform Guidance, including without limitation, 2 CFR 200.318 through 200.327 thereof. 9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. 9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency of a political subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247, that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 10. ACCESS TO RECORDS. 10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to Subrecipient’s records and financial statements as necessary for Recipient to meet the requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR 200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period of performance), and Subpart F-Audit Requirements of the Uniform Guidance. 11. SINGLE AUDIT REQUIREMENTS. 11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501. EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 6 of 8 Exhibit D 11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have a program-specific audit conducted in accordance with 2 CFR 200.507 (Program- specific audits). The Subrecipient may elect to have a program-specific audit if Subrecipient expends Federal Awards under only one Federal program (excluding research and development) and the Federal program’s statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of Prime Recipient. A program-specific audit may not be elected for research and development unless all of the Federal Awards expended were received from Recipient and Recipient approves in advance a program-specific audit. 11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements), but records shall be available for review or audit by appropriate officials of the Federal agency, the State, and the Government Accountability Office. 11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for the audit required by Subpart F of the Uniform Guidance and ensure it is properly performed and submitted when due in accordance with the Uniform Guidance. Subrecipient shall prepare appropriate financial statements, including the schedule of expenditures of Federal awards in accordance with 2 CFR 200.510 Financial statements) and provide the auditor with access to personnel, accounts, books, records, supporting documentation, and other information as needed for the auditor to perform the audit required by Uniform Guidance Subpart F-Audit Requirements. 12. GRANT PROVISIONS FOR SUBRECEPIENT CONTRACTS. 12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime Recipient, Grantees that are Subrecipients shall comply with the following provisions. Subrecipients shall include all of the following applicable provisions in all subcontracts entered into by it pursuant to this Grant. 12.1.1. [Applicable to federally assisted construction contracts.] Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60- 1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. 12.1.2. [Applicable to on-site employees working on government-funded construction, alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). 12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime Recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 7 of 8 Exhibit D performance of experimental, developmental, or research work under that “funding agreement,” the Prime Recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the Federal Awarding Agency. 12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act 33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal awardees to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency EPA). 12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 12.1.7. Never contract with the enemy (2 CFR 200.215). Federal awarding agencies and recipients are subject to the regulations implementing “Never contract with the enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered contracts, grants and cooperative agreements that are expected to exceed $50,000 within the period of performance, are performed outside the United States and its territories, and are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 12.1.8. Prohibition on certain telecommunications and video surveillance services or equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment pursuant to 2 CFR 200.216. 13. CERTIFICATIONS. 13.1. Unless prohibited by Federal statutes or regulations, Prime Recipient may require Subrecipient to submit certifications and representations required by Federal statutes or EXHIBIT D, FEDERAL PROVISIONS (CONT.) FMA 2020 Encumbrance #: 20FMA22TEP Page 8 of 8 Exhibit D regulations on an annual basis. 2 CFR 200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the project or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If the required level of activity or effort was not carried out, the amount of the Award must be adjusted. 14. EXEMPTIONS. 14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person, unrelated to any business or non-profit organization he or she may own or operate in his or her name. 14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 15. EVENT OF DEFAULT AND TERMINATION. 15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Grant and the State of Colorado may terminate the Grant upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30-day notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Grant, at law or in equity. 15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in part as follows: 15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity fails to comply with the terms and conditions of a Federal Award; 15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the Non- Federal Entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass- through Entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal Awarding Agency or Pass-through Entity determines in the case of partial termination that the reduced or modified portion of the Federal Award or Subaward will not accomplish the purposes for which the Federal Award was made, the Federal Awarding Agency or Pass-through Entity may terminate the Federal Award in its entirety; or 15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination provisions included in the Federal Award.