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HomeMy WebLinkAboutPACKET Town Board 2024-04-23The 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. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 23, 2024 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). 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 or use the link above to access audio or read the transcript. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION – PUBLIC SERVICE RECOGNITION WEEK. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. 2024 TOWN ORGANIZATIONAL PLAN. 2. POLICY GOVERNANCE MONITORING REPORT - POLICIES 3.3 AND 3.7. Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. The above policies are reported on each April. CONSENT AGENDA: Prepared 04-12-2024 *Revised 04-19-2024 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 1. Bills - https://dms.estes.org/WebLink/Browse.aspx?id=253208. 2. Town Board Minutes and Study Session Minutes dated April 9, 2024. 3. Resolution 34-24 Intergovernmental Agreement for 2024 Fiscal Year Certifications and Assurances as required for Federal Transit Administration Funding for Public Transportation with CDOT. 4. Acceptance of Town Administrator Policy Governance Report. 5. Resolution 37-24 Authorizing Town Staff to Administer an Account on the Application Intake System of the United States Department of Agriculture. ACTION ITEMS: 1. RESOLUTION 35-24 6E FUNDING EXPENDITURE FOR A CHILDCARE FUNDING AGREEMENT WITH THE YMCA OF THE ROCKIES. Manager Bangs. Consider the expenditure to the YMCA of the Rockies Summer Inclusion Program in the amount of $35,420. ACKNOWLEDGEMENT OF MAYOR KOENIG AND TRUSTEES MACALPINE AND MARTCHINK. Resolutions of Respect will be read and certificates of appreciation to be presented. SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR AND TRUSTEES. Municipal Judge Thrower. Mayor: Gary Hall Trustees: Mark Igel, Frank Lancaster, and Cindy Younglund (4 Years) Bill Brown (2 Years) ACTION ITEMS: 1. APPOINT MAYOR PRO TEM. Mayor Hall. To nominate and select a Mayor Pro Tem to serve as Mayor as needed from April 2024 to April 2026. 2. TOWN BOARD POLICY 101 - BOARD ASSIGNMENTS. Mayor Hall. To update appointments to all boards, commissions and liaison positions as outlined in the policy. 3. STAFF APPOINTMENTS. Town Clerk Williamson. To appoint Town Officers as outlined in the Municipal Code: • Town Clerk • Town Treasurer/Town Clerk Pro Tem • Town Attorney • Municipal Judge • Town Administrator 4. RESOLUTION 36-24 CONTRACT WITH DAVID THROWER FOR MUNICIPAL JUDGE SERVICES. Town Clerk Williamson. To renew the contract for a two-year term expiring April 28, 2026. ADJOURN. 15-MINUTE RECESS RECEPTION FOR MAYOR KOENIG, AND TRUSTEES MACALPINE AND MARTCHINK IN ATRIUM NEW SLATE – BOARD OF TRUSTEES * Page 2 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: April 23, 2024 RE: Town Organizational Plan Board Policy 3.13 requires that the Town Administrator to present a current organizational chart of the Town to the Town Board at the first regular meeting following the certification of the results of each biennial election. The organizational chart must be in graphical format and include detail through the division level. Policy 3.13 states: “With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election.” Pursuant to this requirement, the current organizational chart is attached. The chart is the responsibility of the Town Administrator and is presented to the Town Board for information purposes. No action is required by the Town Board. Travis Machalek Town Administrator Page 3 Organizational Plan April 2024 CITIZENS MAYOR AND TRUSTEES Town Attorney Town Prosecutor Town Administrator Deputy Town Administrator Internal Services Facilities Fleet Information Technology Risk Management Museum Workforce Housing and Childcare Community Development Planning Building Events and Visitor Services Events Complex Special Events Visitor Services Finance Accounting Payroll Budget Utility Billing Human Resources Benefits Administration Police Patrol Dispatch Investigations Restorative Justice Code Compliance Public Information Public Works Engineering Parks Streets and Stormwater Parking and Transit Town Clerk Business and Liquor Licensing Elections Court Clerk Utilities Power and Communications Water Municipal Judge Attachment 1 Page 4 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: April 23, 2024 RE: Policy Governance Monitoring Report – Policy 3.3 and 3.7 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: Policy QUASI-JUDICIAL YES NO Board Policy 2.3 designates specific reporting requirements for the Town Administrator to provide information on policy compliance to the Board. In April of each year the Town Administrator is required to report on Policies 3.3 and 3.7. Policy 3.3 states: “With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government.” Policy 3.7 states: “The Town Administrator shall have an Emergency Preparedness Process in place for coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster.” This report constitutes my assurance that, as reasonable interpreted, these conditions have not occurred and further, that the data submitted below are accurate as of this date. Travis Machalek Town Administrator Page 5 Policy 3.3: With respect for strategic planning for projects, services and activities with a fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal integrity of Town government. Accordingly, the Town Administrator shall not allow budgeting which: 3.3.1: Deviates from statutory requirements. Status: Compliance Interpretation: I interpret this to mean that our budgeting practices and policies comply with all requirements contained in the Colorado Revised Statutes that are applicable to statutory towns. Compliance with the policy will be achieved when: There are no deviations in our practices or policies from what is required by State Statute. Evidence: 1. The annual independent audit 2. Annual Comprehensive Financial Report (ACFR) 3. All policies are reviewed for legal compliance by the Town Attorney 4. No State-issued non-compliance notifications to the Town of Estes Park regarding our budgetary obligations under State Statute. Report: I report compliance. 3.3.2: Deviates materially from Board-stated priorities in its allocation among competing budgetary needs. Status: Partial Compliance Interpretation: I interpret this to mean that the annual budget adopted by the Board of Trustees represents the officially adopted priorities of the Board. This includes any budget amendments approved by the Town Board throughout the year and any specific spending authorizations approved by the Town Board. I interpret “materially deviate” to mean any change in spending priority that results in a resource diversion away from any Board objective, goal, or outcome that is substantial enough to hinder the achievement of the objective, goal, or outcome. I do not interpret minor deviations resulting from changing circumstances, community demands, and/or unforeseen circumstances outside of the Town’s control as material deviations. Compliance with the policy will be achieved when: Budget spending does not materially deviate from the levels approved in the adopted budget. Evidence: Page 6 1. The 2024 adopted budget was prepared based on the Board’s Strategic Plan. 2. Any substantial budget changes have been presented to the Board for review and approval as budget amendments. 3. HTE budget reports for each department are available on request. Report: I report partial compliance. Staff has uncovered and informed the Board of three (3) budgeting errors that would cause budget spending to materially deviate from the levels approved in the adopted budget if they were not corrected: 2024 Budgeted Salary Projection Error • This error stemmed from an oversight in reflecting pay grade changes in the backend programming of our budgeting tool. Two pay families were adjusted as part of the market realignment efforts in late 2022, with a new pay code used to identify the new pay families within the payroll system. In July 2023, as then-Director Hudson began to prepare the payroll projections within our separate budget software program (MDSS), he set up the two new codes in the appropriate configuration settings. However, he did not recognize that he also needed to have MDSS personnel change background programing for these two new codes. As a result, the 3% market adjustment for these two pay families was not included in the final payroll calculation reflected within the adopted 2024 budget. The net effect of this error was that the Town was under budgeted by $292,560 across all Town funds for certain wages and wage-based benefits. The General Fund's share of that total shortfall is $137,819. • Preventative Actions Moving Forward o In order to prevent this from happening in the future, we will take a sample of employees from each pay family and review them in detail, including conducting manual recalculations, to verify that our system is set up and calculating personnel costs correctly. 2023/2024 Purchase Power Error • 2023 Budget Error o We made an error when entering the 2023 budget for purchase power and did not sufficiently budget for purchase power costs. We brought the Board an amendment to the 2023 budget in December to add $1.1M to that line item. Ultimately, we spend $843,306 out of the additional $1.1M adjustment (leaving $256,694 unspent). Purchase power costs are offset by power sales. o We spent a total of $8,943,306 on purchase power in 2023. • 2024 Budget Error o Since we only caught the budgeting error for purchase power in December, the error was also reflected in our original 2024 budget (which was finalized in November). We noted back in December that we would need to bring an amendment forward to true up the 2024 budget (our estimate at that time was $650,000). It is Page 7 important to note that we did not make that amendment in December. o The original estimate to true up the 2024 purchase power budget was $650,000. That was before we received more information from PRPA about projected demand increases. With the projected demand increases, and the 5% rate increase, we increased the amount of the budget amendment to make sure we have sufficient funds appropriated to pay the purchase power costs. The amendment that we brought forward added $1,200,000 to the purchase power budget. This amendment includes some cushion that may not have to be spent if power deliveries from PRPA stay at or below projections. o Based on PRPA's projections, we are estimating the cost of purchase power at $9,683,371 for 2024 (demand increases and a 5% rate increase). Staff has added a cushion of $316,629 to ensure that we have sufficient budget to cover purchase power if demand is higher than anticipated. • Preventative Actions Moving Forward o We will double check our budget entries on purchase power moving forward. Additionally, we will be increasing the purchase power budget at a rate of 6% per year for the foreseeable future. This is based on PRPA's rate increases of 5% per year, plus 1% for growth in demand. We will also perform a lookback calculation to analyze our spend in recent years to determine if that 6% remains reasonable or if it needs to increase. We do not get the PRPA report on projected usage and costs until several months after budget season is over, but we will use the previous year's report as part of our lookback calculation. Internal Services Director Allocation Error • When doing the math for the Internal Services reorganization, I neglected to account for the fact that 40% of the Mobility Services Manager position was funded through the Parking Fund (an amount that would not make sense for the Internal Services Director). Ultimately, this led to a 2024 funding shortfall of $51,111 for the reorganization. The Board approved use of fund balance from Information Technology Fund and the Risk Management Fund to meet the 2024 funding requirements for the Internal Services Director position. Starting in 2025, this position will be fully funded through the Internal Service Funds, which are funded through service charges to Town departments. • Preventative Actions Moving Forward o In the future, we will run all reorganization salary components through Finance to ensure that salary allocation differentials are recognized. Additionally, we have added a reminder to the reorganization template to check salary allocations before finalizing the document. Page 8 3.3.3: Contains inadequate information to enable credible projection of revenues and expenses, separation of capital and operational items, cash flow and subsequent audit trails, and disclosure of planning assumptions. Status: Compliance Interpretation: I interpret this to mean that the Town Administrator’s recommended budget must be based on credible data and the best available information concerning the local economy and other factors that may impact the Town’s revenues and expenses. In addition, the budget is to be structured to separate capital expenditures from operational costs. All revenue projections will be based on the professional judgement of the Town’s Finance Director. Compliance with the policy will be achieved when: • Operational revenue projections are clear and projected and actual revenues are within a 10% margin of error, barring any catastrophic events. • The budget presented to the Board for adoption is in a format that separates revenues, expenses, and capital expenditures. • Critical assumptions used in preparing the budget are clearly articulated to the Board during budget review sessions. Evidence: 1. Operational revenue projections are currently within a 10% margin of error. 2. The 2024 adopted budget is presented in a format that separates revenues, expenditures, and capital. 3. Critical assumptions used in preparing the budget were discussed with the Board during budget review sessions as well as during budget amendment discussions. Report: I report compliance. 3.3.4: Plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Status: Partial Compliance Interpretation: I interpret this to mean that the proposed budget must be balanced. This includes expenditures for the year not exceeding the revenues received from all sources. Exceptions are Board-approved use of fund balances, and use of funds that have been accumulated over a period of time, with the Page 9 approval of the Board, with the intent of saving funds to pay for a specific project or capital expense. Compliance with the policy will be achieved when: The proposed budget meets the above criteria, inclusive of any board approved spending of fund balance or specific reserve funds. Evidence: 1. The adopted budget demonstrates that I have not allowed budgeting which plans the expenditure in any fiscal year of more funds than are conservatively projected to be received in that period, or which are otherwise available. Report: I report partial compliance. As I informed the Town Board in March, we created an imbalance between revenue and expenditure when we began making expenditures for the Multimodal Transportation Plan. While both revenue and expenditures for this project were budgeted, the expenditures were to be offset by grant revenue from a Multimodal Transportation and Mitigation Options Fund (MMOF) grant ($300,000 of expenditures offset by $225,000 in revenues from grant funding). We did not receive the grant, but neglected to remove the budgeted revenue and expenditures. While sufficient fund balance is available to fund this project at the fund level, that does not discount the error. Public Works and Finance staff are working on an amendment to the Town’s Grant Policy that will mitigate the risk of a mistake like this in the future. 3.3.5: Reduces fund balances or reserves in any fund to a level below that established by the Board of Town Trustees by adopted policy. Status: Compliance Interpretation: I interpret this to mean that fund balance reserves must be calculated at every budget amendment, and that the General Fund reserve shall not drop below 25% unless otherwise authorized by the Board. If the Board approves and adopts a budget that plans for reducing the fund balance below the 25% level, I interpret this as being authorized by the Board. Compliance with the policy will be achieved when: • The latest budget amendment shows a General-Fund fund balance of 25% or greater, unless otherwise approved by the Board. • The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise approved by the Board. Evidence: 1. 2024 Budget Amendment #2 anticipates a 36.2% General-Fund fund balance at the end of 2024. Page 10 Report: I report compliance. 3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to significant shortfalls within the Town’s budget. Status: Compliance Interpretation: I interpret this to mean that I must prepare a budget that maintains a fund balance of 25% or more in the General Fund and adequate fund balances in all enterprise funds, including the required TABOR reserve and the current cash reserves as defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Compliance with the policy will be achieved when: • The proposed budget anticipates an end-of-year fund balance in the General Fund of 25% or greater, unless otherwise authorized by the Board. • The current cash reserves meet the criteria defined in Board Policy 670 – Cash and Investment Reserve and Contingency. Evidence: 1. The 2022 ACFR shows an 57.6% General-Fund fund balance at the end of 2022. 2. 2023 Budget Amendment #6 anticipates a 34.3% General-Fund fund balance at the end of 2024. 3. 2024 Budget Amendment #2 budget anticipates a 36.2% General-Fund fund balance at the end of 2024. 4. Current cash and investment reserves are reported to the Board on a monthly basis, as required by Board Policy 670. 5. The Town’s budget contingency plan is established in Policy 670 (Section 3.b). Report: I report compliance. 3.3.7: Fails to provide for an annual audit. Status: Compliance Interpretation: I interpret this to mean that I must ensure that the Town completes an independent audit annually. Further, that audit report should result in an unqualified and unmodified opinion from the Board’s auditors. Compliance with the policy will be achieved when: The annual audit is complete and presented to the Town Board. Page 11 Evidence: 1. The 2022 Audit has been completed and the ACFR prepared and submitted to the State of Colorado with an unqualified and unmodified opinion from the Board’s auditors. 2. The 2022 Audit has been delivered to the Audit Committee and Town Board. 3. The 2023 Audit is underway. Report: I report compliance. 3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current or future bond ratings of the Town. Status: Compliance Interpretation: I interpret this to mean that I cannot take any action that will negatively impact the Town’s bond rating. This includes maintaining adequate fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios for all revenue bonds associated with the Town’s enterprise funds. Compliance with the policy will be achieved when: • I am in compliance with 3.3.5. • Required bond coverage ratios are met. Evidence: 1. The 2022 ACFR shows an 57.6% General-Fund fund balance at the end of 2022. 2. 2023 Budget Amendment #6 anticipates a 34.3% General-Fund fund balance at the end of 2023. 3. 2024 Budget Amendment #2 budget anticipates a 36.2% General-Fund fund balance at the end of 2024. 4. Our current (December 31, 2022) bond-coverage ratio for Power and Communications (512%) exceeds the required ratio of 125%. 5. Our current (December 31, 2022) bond-coverage ratio for Water (619%) exceeds the required ratio of 110%. Report: I report compliance. 3.3.9: Results in new positions to staffing levels without specific approval of the Board of Town Trustees. The Town Administrator may approve positions funded by grants, which would not impose additional costs to the Town in addition to the grant funds and any temporary positions for which existing budgeted funds are allocated. Page 12 Status: Compliance Interpretation: I interpret this to mean that I cannot allow any new positions or expansion of any part-time positions to be advertised or filled without prior Board approval. I may allow new positions or partial positions funded by grants or temporary positions for which existing budgeted funds are allocated without prior approval of the Board. I may also allow reductions in staffing without Board approval. Compliance with the policy will be achieved when: No new positions or expansion of any part-time positions are approved and/or hired without approval of the Board, with the exceptions noted above. Evidence: 1. All positions are indicated in the adopted and proposed budgets and no unapproved positions have been created. Report: I report compliance. Policy 3.7: The Town Administrator shall have an Emergency Preparedness Process in place for coordination of all emergency management partners – Federal, State, and local governments, voluntary disaster relief organizations, and the private sector to meet basic human needs and restore essential government services following a disaster. 3.7.1: The Town Administrator shall be responsible for the assigned responsibilities identified in the Town of Estes Park Emergency Operations Plan. Status: Compliance Interpretation: I interpret this to mean that the Town has adopted and kept current an Emergency Operations Plan that covers multiple possible emergency situations and outlines the roles and responsibilities of Town staff during an emergency. These roles are consistent with the standards of the National Incident Management System (NIMS) process. I also interpret this to mean that key staff have had basic NIMS/Incident Command System (ICS) training. Compliance with the policy will be achieved when: • The Town has an up-to-date Emergency Operations Plan. • Key staff have completed NIMS/ICS 100 training. Evidence: 1. The Town has an up-to-date Emergency Operations Plan 2. All key staff have completed NIMS/ICS 100 training Report: I report compliance. Page 13 3.7.2: The Town Administrator shall not fail to have a business continuity plan for the Town. Status: Compliance Interpretation: I interpret this to mean that the Town has adopted and kept current a Continuity of Operations Plan (COOP) for Town operations. Compliance with the policy will be achieved when: The Town has an up-to- date Continuity of Operations Plan (COOP). Evidence: 1. The Town has an up-to-date Continuity of Operations Plan Report: I report compliance. 3.7.3: In the event of an emergency, the Town Administrator shall not fail to take appropriate action immediately to ensure the safety of the public and public and private assets, including authorizing specific actions by Town staff and declaring an emergency on behalf of the Board of Town Trustees. Status: Compliance Interpretation: I interpret this to mean that in the event of an emergency I take appropriate steps to respond to the emergency including, but not limited to, actions outlined in the Town Emergency Operation Plan and Chapter 2.28 of the Municipal Code. Compliance with the policy will be achieved when: • During an emergency, I ensure that we follow the Emergency Operations Plan and standard NIMS procedures (as applicable) in implementing our response. • Response and recovery efforts are prudent and in compliance with state and federal requirements for aid and reimbursements (when applicable). Evidence: 1. The most recent evidence of compliance can be found in the Town’s response to the East Troublesome Thompson Zone fire and COVID-19, which included declarations of emergency, emergency orders, and implementation of NIMS structure to coordinate Town response. Report: I report compliance. Page 14 Town of Estes Park, Larimer County, Colorado, April 9, 2024 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 9th day of April, 2024. Present: Wendy Koenig, Mayor Marie Cenac, Mayor Pro Tem Trustees Kirby Hazelton Frank Lancaster Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so recited the Pledge of Allegiance. PROCLAMATIONS – NATIONAL VOLUNTEER APPRECIATION MONTH AND MONTH OF THE TREE. Mayor Koenig proclaimed April 2024 as Volunteer Appreciation Month and Month of the Tree. AGENDA APPROVAL. It was moved and seconded (Hazelton/Cenac) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Ron Hartzog/Town citizen spoke regarding the vacation home regulation parking limits and citations he has received due to parking violations for a vacation home located at 450 Lakefront Dr. He stated the complaints have been made by one neighbor who does not want the vacation home in the area, and provided scenarios which could cause a parking violation. He requested the Board review the parking requirements for vacation home licenses. John Meissner/Town citizen encouraged citizens to attend the Downtown Estes Loop Open House for information on the project. TRUSTEE COMMENTS. Board comments were heard and have been summarized: Visit Estes Park (VEP) would host the Estes Park Tourism Summit; VEP received accreditation with distinction from Destinations International; citizens were encouraged to attend the Earth Week festivities; the Board encouraged the continuation of Trustee Talks following the swearing-in of new Board members; the Rooftop Rodeo would be held July 5 – July 10, 2024; Trustee MacAlpine stated she has begun, and would continue to spearhead after her term, the formation of a research exploration committee for the purpose of creating a mountain college in Town; the Regional Opioid Abatement Council met and heard presentations for grant requests; citizens were encouraged to participate in the upcoming Duck Race and tree sapling giveaway; the Regular Municipal Election was held and remarks were made on the passage of Ballot Issue 1A and the low voter turnout; all candidates were thanked for running in the election and the Mayor Elect and Trustees Elect were congratulated; and Mayor Koenig thanked the town for allowing her to serve for the last four years. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek reiterated the thanks to candidates, and provided a timeline for the implementation of 1A. He stated a number of power outages were caused by the DR A F T Page 15 Board of Trustees – April 9, 2024 – Page 2 recent wind event and the Power & Communication Division continues to work to restore power in various areas. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated March 26, 2024. 3. Resolution 30-24 Extending a Memorandum of Understanding with Headwaters Economics Inc., Regarding Participation in the Community Planning Assistance for Wildfire (CPAW) Program. 4. Estes Park Housing Authority Board of Directors Reappointment of Phil Frank to a Term expiring April 30, 2029 and Appointment of Tariq Bhatti to complete the Term of William Pinkham expiring April 30, 2027. It was moved and seconded (Cenac/MacAlpine) to approve the Consent Agenda, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. 2023 BASE FUNDING REPORT FOR ESTES VALLEY CRISIS ADVOCATES (EVCA). Program Director Fanucchi provided a report on the base and annual funding for the EVCA. She highlighted their mission and history, the services they provide, their area of coverage, funding, the new bicultural/bilingual advocate and law enforcement liaison, and 2023 data including the demographics of served clients, shelter nights, and volunteer hours. The Board discussed capacity limitations, increases in needs, and the average length of stay in the safe house. 2. ESTES PARK HOUSING AUTHORITY (EPHA) EXPENDITURE OF 6E FUNDS TO HABITAT FOR HUMANITY WORKFORCE HOUSING. Executive Director Moulton presented the potential expenditure of 6E funds to purchase a deed restriction for a home owned by Habitat of Humanity of the St. Vrain at 213 Big Horn Drive. EPHA intends to roll out a deed restriction purchase program, but in the interim, the expenditure of 6E funds for this deed restriction purchase must be reviewed by the Town Board. He highlighted history of the property, components of the deed restriction, and financial impacts. The Board discussed the size of the property, cost of housing, restriction qualifications, review of qualifications at the point of sale or change of hands of the property, retirement criteria, the appreciation cap, a future deed restriction purchase program, the success of such programs in other municipalities, and future rehabilitations of properties. The Board stated support of the expenditure for the identified purchase by Habitat for Humanity and reiterated Director Moulton’s statement that the program needs refining before rolling out the program to the community. LIQUOR ITEMS: 1. RESOLUTION 31-24 NEW TAVERN LIQUOR LICENSE FILED BY 3634 HIKE LLC DBA BOGEY'S, 281 W. RIVERSIDE DRIVE, ESTES PARK, CO 80517. Mayor Koenig opened the public hearing and Town Clerk Williamson presented Resolution 31-24 for a new Tavern Liquor License. She stated the license would be for a new building, reviewed the application for the license, stating all paperwork and fees had been submitted, and the application has undergone concurrent review. The applicants were aware of the Training for Intervention Procedures (TIPS) requirement. The applicants provided an overview of the property, the neighborhood which consists of a number of business and liquor establishments as the surrounding area is zoned CD Commercial Downtown, construction plan and timeline, the business operations, and scheduled TIPS training. Mark Newman/Boulder resident and Town property owner/short term rental near the proposed business spoke against the resolution stating neighborhood impacts. He presented the Authority with a petition signed by 26 neighborhood residents DR A F T Page 16 Board of Trustees – April 9, 2024 – Page 3 within the immediate area, outlined impacts to neighborhood businesses and public parking, and request the Board review the reasonable requirements of the neighborhood. He requested if approved the Board consider restrictions to limit the operating hours and strict noise ordinance standards. John Meissner/Town citizen spoke regarding the number of liquor establishments currently located on Moraine Avenue and stated concerns for parking impacts and the location of food trucks as it relates to pedestrains accessing the location along the highway. Carolyn Newberry/Licensee responded to the petition and Board questions stating conversations were had with the neighboring property owners and local businesses in which support was heard. The business would contain approximately 640 square feet of internal space and a maximum occupancy of 96. The business anticipates patrons being pedestrains walking to the establishment. The Board discussed residential and commercial neighborhood outreach, operating hours, parking requirements, location for food trucks, outdoor noise, the circulated petition, the increase of liquor establishments in Town, what the Board can consider as the Liquor Licensing Authority, reasonable requirements of the neighborhood, the permitted use in the zoning district, and the revocation and suspension processes for a liquor license. Mayor Koenig closed the public hearing and it was moved and seconded (Cenac/Martchink) to approve Resolution 31- 24, and it passed with Mayor Koenig and Trustees Lancaster and MacAlpine voting “No”. ACTION ITEMS: 1. RESOLUTION 32-24 SUPPLEMENTAL BUDGET APPROPRIATIONS #2 TO THE 2024 BUDGET. Director Creamean provided an overview of the second amendment to the 2024 budget which included the re-appropriation of uncompleted 2023 purchase orders and projects already underway. At the end of each year, the Town has purchases, contracts, or projects which were not completed within the fiscal year and as part of a standard accounting process, remaining funds are rolled over to the new fiscal year. It was moved and seconded (Lancaster/MacAlpine) to approve Resolution 32-24, and it passed unanimously. 2. ORDINANCE 06-24 AMENDING SECTION 5.3 OF THE ESTES PARK DEVELOPMENT CODE REGARDING VEHICLE BASED ACCOMMODATIONS FOR SEASONAL EMPLOYEES. Mayor Koenig opened the public hearing and Planner Hornbeck presented Ordinance 06-24 to allow vehicle-based accommodations (VBASE) for seasonal employees which was previously discussed with the Town Board at study sessions held in May 2023 and February 2024. The pilot program would allow the permitted use of vehicle-based accommodations on an employer’s property or another site owned by the employer and zoned non-residential for employees working from May 1 – October 31 at a minimum of 30+ hours per week. The VBASE housing on commercial sites may temporarily alleviate the workforce housing shortage, and assist with recruitment and retention of workers during the summer season. He further highlighted previous Board discussions, the cost of living in Estes Park, meetings with Town departments and external entities, and components of the program. The program would be evaluated after the 2024 season and discontinued if unsuccessful or underutilized. The Board discussed the removal of enforcement procedures, how authorities would gain access for complaint-based inspections, and future use of Town owned property for Town seasonal employees. Kent Smith/Town citizen spoke in favor of the ordinance and requested tiny homes be included as an option. DR A F T Page 17 Board of Trustees – April 9, 2024 – Page 4 Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Lancaster) to approve Ordinance 06-24, and it passed unanimously. 3. RESOLUTION 33-24 MEMORANDUM OF UNDERSTANDING WITH THE ESTES PARK HOUSING AUTHORITY (EPHA) FOR THE DEVELOPMENT OF HOUSING AT THE FISH HATCHERY PROPERTY. Manager Bangs presented Resolution 33-24 for a Memorandum of Understanding (MOU) with EPHA to lead the first stage of predevelopment for the Fish Hatchery property to build additional workforce housing. She provided background on the $2 million in ARPA funding approved on March 12, 2024 to be used to reimburse EPHA for the predevelopment work, previous discussions on EPHAs role in the Fish Hatchery Workforce Housing Development project, components of the MOU, and distribution of funds. The Board discussed public accessibility of the reports and studies, and clarification on the level community outreach goals. It was moved and seconded (Hazelton/MacAlpine) to approve Resolution 33-24, and it passed unanimously. 4. ORDINANCE 07-24 AMENDING CHAPTER 14.12 OF THE ESTES PARK MUNICIPAL CODE TO ADOPT THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, WITH AMENDMENTS. Mayor Koenig opened the public hearing and Town Administrator Machalek presented Ordinance 07-24 to adopt and apply elements of the 2021 International Property Maintenance Code, previously adopted by the Town Board to regulate nonresidential structures, for all existing residential structures used for long-term rentals. He stated staff would enforce the standards through a complaint-based process. He highlighted concerns regarding the poor conditions of some rental properties, previous Board discussions, enforcement procedures, financial and staffing impacts, and a potential future program for unincorporated Larimer County. More specifically, the Town’s Code Enforcement Officer would conduct long-term rental housing inspections and elevate complaints to the Building division as needed. John Meissner/Town citizen and Kent Smith/Town citizen spoke in favor of the Ordinance and requested the Town provide outreach to J-1 Visa seasonal employees and an option for cease and desist. Further discussion on potential outreach efforts was discussed by the Board. Mayor Koenig closed the public hearing and it was moved and seconded (MacAlpine/Martchink) to approve Ordinance 07-24, and it passed unanimously. It was moved and seconded (MacAlpine/Hazelton) to extend the meeting past 10:00 p.m., and it passed unanimously. 5. ORDINANCE 08-24 TEMPORARY MORATORIUM ON NEW BED AND BREAKFAST INN BUSINESS LICENSES. Mayor Koenig opened the public hearing and Town Attorney Kramer presented Ordinance 08-24 for an additional three-month moratorium on new bed & breakfast (B&B) licenses to allow the Town Board time to review options for updating the definition and regulations for bed & breakfast licenses. He highlighted previous discussions on B&B code updates. The Board discussed the timeline of the Ordinance going into effect and timelines for any future code changes, which would need to be approved by ordinance. Mayor Koenig closed the public hearing and it was moved and seconded (MacAlpine/Younglund) to approve Ordinance 08-24, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. BED & BREAKFAST CODE UPDATE. Town Clerk Williamson presented a summary of the March 26, 2024 Town Board discussion, provided four options for the grandfathering of currently licensed B&Bs, and requested Board direction on requirements for renting to multiple parties. DR A F T Page 18 Board of Trustees – April 9, 2024 – Page 5 Option 1 would have no changes to the regulations, Option 2 would adopt all proposed regulations with a grace period for current licenses to come into compliance, Option 3 would partially grandfather current licenses until the property is transferred and require a drawing and life safety inspection, and Option 4 would grandfather current licenses until the property is transferred or no longer used as a B&B. The Board discussed the options, the original intentions to regulate short term rentals, creating a cap which includes vacation homes and B&Bs, the current limitations on hosted vacation home rentals, transferability of short-term rentals, fairness to waitlist vacation home applications, the ability to obtain a new B&B license, the difference between the two license types, the impact of all short-term rentals on workforce housing, and length of the grace period. The Board directed staff to bring forward Option 2 for consideration after the new Town Board has been seated. Whereupon Mayor Koenig adjourned the meeting at 10:40 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 19 Town of Estes Park, Larimer County, Colorado April 9, 2024 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 9th day of April, 2024. Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, Martchink and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Deputy Town Clerk Beers Absent: None Mayor Koenig called the meeting to order at 5:35 p.m. ENCORE ARTS AND FAIRGROUNDS FACILITY RELOCATION COSTS. The Stanley Park Master Plan update included design concepts for the possible construction of a performing arts center on the Stanley Park Fairgrounds. At the December 12, 2024 study session, the Fine Arts Guild stated interest in locating the center on the Stanley Park Fairgrounds property. The Board directed staff to review relocation of existing facilities and financial impacts and risks for the proposed project. The proposal would bring a new attraction and asset to the arts community and general public. Staff stated the main risk of constructing the project at the fairgrounds revolves around the operationally sustainability of the center to meet assumptions and projections outlined in the plan. Additionally, staff highlighted the opportunity cost of the land currently used for larger horse and dog shows, festivals, rodeos and other events. Relocation costs were estimated at $7.1 million comprised of start-up, demolition, erosion control, site-work, utilities, barns, and roundabout expansion. Staff requested Board direction on relocating facilities for the proposed project. Board discussion has been summarized: whether existing pavilion stalls would be adequate to meet existing needs; construction impacts; grant opportunities to offset costs; minimum costs directly related to the proposal versus needed costs; whether staff identified community financial impact to businesses and potential use of other fairgrounds areas including parking to minimize impacts; more information was requested related to Fine Art Guild contributions; the need for existing events outweighing the costs for relocating existing facilities; considering a multi-level parking lot or sub-ground parking to maximize space; the level of public outreach; and the importance of soliciting feedback from the public. Town Administrator Machalek stated there would be no guarantee the master plan would incorporate a performing arts center and staff would continue to evaluate options. Board consensus was to direct staff to continue the Stanley Park Master Plan to include performing arts center alternatives for consideration. Tim Phillips, Fine Arts Guild representative stated the Guild would be available to discuss expenses, answer questions, and proposed the Elm Road Town owned property as another option for a performing arts center. POWER OUTAGE OVERVIEW. At the request of the Board, staff were directed to provide an overview of power outages and response. Power & Communication staff operate 24/7 and prioritize response for power outages. Advanced metering infrastructure (AMI) plays a vital role in response to outages which also acts as an online, in-house, customer call tracking system used to instantly share information, including an automated online power outage map. AMI has reduced calls into the 911 emergency dispatch center and expedited repairs. Line Superintendent Lockhart reviewed a presentation and highlighted the definition of an ‘outage’, scheduled versus unscheduled outages, tracking improvements, data trends DR A F T Page 20 Town Board Study Session – April 9, 2024 – Page 2 and use, reliability indicators, and metrics. In 2023, the Town received the Public Power Association Certificate of Excellence in Reliability by exceeding the 5-year average for all US electric utilities for reliable electric service. Board discussion has been summarized: whether the new tree cable has minimized wind related impacts in Allenspark; if downed lines have created spark concerns, and whether the Town has considered proactive power terminations during red flag warnings. Staff stated concerns for a total shut off during red flag warnings primarily due to safety should downed lines be across a home or in public right of ways and delays to service repairs. Staff reiterated the value of the AMI and the ability it provides to identify impacted area which has improved monitoring and response. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to add the Governance Orientation to Approved/Unscheduled anticipated for May 14, 2024 and the Big Horn Parking Structure Design Considerations for 3rd and 4th levels to May 14, 2024. There being no further business, Mayor Koenig adjourned the meeting at 6:43 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 21       Page 22 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Dana Klein, Parking & Transit Manager Greg Muhonen, PE, Public Works Director Date: April 23, 2024 RE: Resolution 34-24 Intergovernmental Agreement for 2024 Fiscal Year Certifications and Assurances as required for Federal Transit Administration Funding for Public Transportation with CDOT (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Adoption of Resolution 34-24, which approves an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for Fiscal Year (FY) 2024 Certifications and Assurances required by the Federal Transit Administration (FTA) for recipients of FTA funding for public transportation. Present Situation: Before the FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre- award agency (Town) Certifications and Assurances are required. CDOT has requested that each agency (Town) review the Certification and Assurance overview and select those categories that will apply to any application for which the agency (Town) might seek or receive federal assistance from FTA during the fiscal year listed (FY 2024). Because the FTA’s annual Certification and Assurance overview contains various agreements and commitments, it requires Town Board approval as an IGA under Town Policy 1101. Proposal: Public Works staff propose that the Town Board authorize the Parking & Transit Manager to complete and submit the FY 2024 Certifications and Assurances, as required by the FTA, using CDOT’s online document management portal COTRAMS. Page 23 Advantages: •By completing the requested FY 2024 Certifications and Assurances, the Town will ensure that it remains in compliance with State and Federal requirements for agencies that receive grant funding for public transportation projects. •Completing the requested FY 2024 Certifications and Assurances secures Town eligibility to receive FTA grant funding for reimbursement for several existing projects (e.g., trolley barn facility) and allows the Town to receive the FY 2024 FTA 5311 (in the amount of $100,000), which has already been awarded. Disadvantages: •Accepting and processing Federal grants adds administrative workload to several departments, including Public Works, Finance, and Administrative Services; however, these staff teams are well-versed at managing FTA grant funding of this type. Action Recommended: Public Works staff recommend approval of Resolution 34-24. Finance/Resource Impact: This item does not require funding or resources from the Town. Level of Public Interest Public interest in this item is low. Sample Motion: I move to approve/deny Resolution 34-24. Attachments: 1.Resolution 34-24 2.FY 2024 FTA Certification & Assurances Form & Checklist Page 24 RESOLUTION 34-24 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR RECEIPIENTS OF FTA FUNDING FOR PUBLIC TRANSPORTATION WHEREAS, the Town Board desires to enter into the intergovernmental agreement referenced in the title of this resolution for the purpose of receiving FY 2024 grant funding for public transportation in Estes Park from the Federal Transit Administration. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 25 Certifications and Assurances Fiscal Year 2024 1 Not every provision of every certification will apply to every applicant or award. If a provision of a certification does not apply to the applicant or its award, FTA will not enforce that provision. Text in italic is guidance to the public. It does not have the force and effect of law, and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. CATEGORY 1. CERTIFICATIONS AND ASSURANCES REQUIRED OF EVERY APPLICANT. All applicants must make the certifications in this category. 1.1. Standard Assurances. The certifications in this subcategory appear as part of the applicant’s registration or annual registration renewal in the System for Award Management (SAM.gov) and on the Office of Management and Budget’s standard form 424B “Assurances—Non-Construction Programs”. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a)Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. (b)Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. (c)Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. (d)Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. (e)Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728– 4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM’s Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). Attachment 2 Page 26 Certifications and Assurances Fiscal Year 2024 2 (f) Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin, as effectuated by U.S. DOT regulation 49 CFR Part 21; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681– 1683, and 1685–1686), which prohibits discrimination on the basis of sex, as effectuated by U.S. DOT regulation 49 CFR Part 25; (3) Section 5332 of the Federal Transit Law (49 U.S.C. § 5332), which prohibits any person being excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance from FTA because of race, color, religion, national origin, sex, disability, or age. (4) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps, as effectuated by U.S. DOT regulation 49 CFR Part 27; (5) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101–6107), which prohibits discrimination on the basis of age; (6) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (7) The comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91–616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (8) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (9) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (10) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (11) the requirements of any other nondiscrimination statute(s) which may apply to the application. (g) Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“Uniform Act”) (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. The requirements of the Uniform Act are effectuated by U.S. DOT regulation 49 CFR Part 24. Page 27 Certifications and Assurances Fiscal Year 2024 3 (h) Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. (i) Will comply, as applicable, with the provisions of the Davis–Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327–333), regarding labor standards for federally assisted construction subagreements. (j) Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. (k) Will comply with environmental standards which may be prescribed pursuant to the following: (1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (2) Notification of violating facilities pursuant to EO 11738; (3) Protection of wetlands pursuant to EO 11990; (4) Evaluation of flood hazards in floodplains in accordance with EO 11988; (5) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (6) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93–205). (l) Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. (m) Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). (n) Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. (o) Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded Page 28 Certifications and Assurances Fiscal Year 2024 4 animals held for research, teaching, or other activities supported by this award of assistance. (p) Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. (q) Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 CFR Part 200, Subpart F, “Audit Requirements”, as adopted and implemented by U.S. DOT at 2 CFR Part 1201. (r) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing the program under which it is applying for assistance. (s) Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procuring a commercial sex act during the period of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award. 1.2. Standard Assurances: Additional Assurances for Construction Projects. This certification appears on the Office of Management and Budget’s standard form 424D “Assurances—Construction Programs” and applies specifically to federally assisted projects for construction. This certification has been modified in places to include analogous certifications required by U.S. DOT statutes or regulations. As the duly authorized representative of the applicant, you certify that the applicant: (a) Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency; will record the Federal awarding agency directives; and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Will comply with the requirements of the assistance awarding agency with regard to the drafting, review, and approval of construction plans and specifications. (c) Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work confirms with the approved plans and specifications, and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Page 29 Certifications and Assurances Fiscal Year 2024 5 1.3. Procurement. The Uniform Administrative Requirements, 2 CFR § 200.325, allow a recipient to self-certify that its procurement system complies with Federal requirements, in lieu of submitting to certain pre-procurement reviews. The applicant certifies that its procurement system complies with: (a) U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, particularly 2 CFR §§ 200.317–200.327 “Procurement Standards; (b) Federal laws, regulations, and requirements applicable to FTA procurements; and (c) The latest edition of FTA Circular 4220.1 and other applicable Federal guidance. 1.4. Suspension and Debarment. Pursuant to Executive Order 12549, as implemented at 2 CFR Parts 180 and 1200, prior to entering into a covered transaction with an applicant, FTA must determine whether the applicant is excluded from participating in covered non-procurement transactions. For this purpose, FTA is authorized to collect a certification from each applicant regarding the applicant’s exclusion status. 2 CFR § 180.300. Additionally, each applicant must disclose any information required by 2 CFR § 180.335 about the applicant and the applicant’s principals prior to entering into an award agreement with FTA. This certification serves both purposes. The applicant certifies, to the best of its knowledge and belief, that the applicant and each of its principals: (a) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily or involuntarily excluded from covered transactions by any Federal department or agency; (b) Has not, within the preceding three years, been convicted of or had a civil judgment rendered against him or her for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of Federal or State antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or commission of any other offense indicating a lack of business integrity or business honesty; Page 30 Certifications and Assurances Fiscal Year 2024 6 (c) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any offense described in paragraph (b) of this certification; (d) Has not, within the preceding three years, had one or more public transactions (Federal, State, or local) terminated for cause or default. 1.5. Coronavirus Response and Relief Supplemental Appropriations Act, 2021, and CARES Act Funding. The applicant certifies: (a) To the maximum extent possible, funds made available under title IV of division M of the Consolidated Appropriations Act, 2021 (Public Law 116–260), and in title XII of division B of the CARES Act (Public Law 116–136; 134 Stat. 599) shall be directed to payroll and operations of public transit (including payroll and expenses of private providers of public transportation); or (b) The applicant certifies that the applicant has not furloughed any employees. 1.6. American Rescue Plan Act Funding. The applicant certifies: (a) Funds made available by Section 3401(a)(2)(A) of the American Rescue Plan Act of 2021 (Public Law 117-2) shall be directed to payroll and operations of public transportation (including payroll and expenses of private providers of public transportation); or (b) The applicant certifies that the applicant has not furloughed any employees. CATEGORY 2. PUBLIC TRANSPORTATION AGENCY SAFETY PLANS This certification is required of each applicant under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), each rail operator that is subject to FTA’s state safety oversight programs, and each State that is required to draft and certify a Public Transportation Agency Safety Plan on behalf of a Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) pursuant to 49 CFR § 673.11(d). This certification is required by 49 U.S.C. § 5307(c)(1)(L), 49 U.S.C. § 5329(d)(1), and 49 CFR § 673.13. This certification is a condition of receipt of Urbanized Area Formula Grants Program (49 U.S.C. § 5307) funding. This certification does not apply to any applicant that only receives financial assistance from FTA under the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. Page 31 Certifications and Assurances Fiscal Year 2024 7 § 5310), the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or combination of these two programs, unless it operates a rail fixed guideway public transportation system. If the applicant is an operator, the applicant certifies that it has established a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the applicant has approved, or, in the case of an applicant that will apply for assistance under 49 U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been developed in cooperation with frontline employee representatives. If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on behalf of a public transportation operator, the applicant certifies that: (a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public Transportation Provider (as that term is defined at 49 CFR § 673.5) in the State, unless the Small Public Transportation Provider provided notification to the State that it was opting out of the State-drafted plan and drafting its own Public Transportation Agency Safety Plan; and (b) Each Small Public Transportation Provider within the State that opts to use a State- drafted Public Transportation Agency Safety Plan has a plan that has been approved by the provider’s Accountable Executive (as that term is defined at 49 CFR § 673.5), Board of Directors or Equivalent Authority (as that term is defined at 49 CFR § 673.5), and, if the Small Public Transportation Provider serves an urbanized area with a population of 200,000 or more, the safety committee of the Small Public Transportation Provider established under 49 U.S.C. § 5329(d)(5). CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. If the applicant is a business association (regardless of for-profit, not for-profit, or tax exempt status), it must make this certification. Federal appropriations acts since at least 2014 have prohibited FTA from using funds to enter into an agreement with any corporation that has unpaid Federal tax liabilities or recent felony convictions without first considering the corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328, div. E, tit. VII, §§ 744–745. U.S. DOT Order 4200.6 defines a “corporation” as “any private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association”, and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT Page 32 Certifications and Assurances Fiscal Year 2024 8 Order 4200.6, FTA requires each business association applicant to certify as to its tax and felony status. If the applicant is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, the applicant certifies that: (a) It has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (b) It has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months. CATEGORY 4. LOBBYING. If the applicant will apply for a grant or cooperative agreement exceeding $100,000, or a loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, it must make the following certification and, if applicable, make a disclosure regarding the applicant’s lobbying activities. This certification is required by 49 CFR § 20.110 and app. A to that part. This certification does not apply to an applicant that is an Indian Tribe, Indian organization, or an Indian tribal organization exempt from the requirements of 49 CFR Part 20. 4.1. Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Page 33 Certifications and Assurances Fiscal Year 2024 9 contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4.2. Statement for Loan Guarantees and Loan Insurance. The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CATEGORY 5. PRIVATE SECTOR PROTECTIONS. If the applicant will apply for funds that it will use to acquire or operate public transportation facilities or equipment, the applicant must make the following certification regarding protections for the private sector. 5.1. Charter Service Agreement. To enforce the provisions of 49 U.S.C. § 5323(d), FTA’s charter service regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following Charter Service Agreement. 49 CFR § 604.4. The applicant agrees that it, and each of its subrecipients, and third party contractors at any level who use FTA-funded vehicles, may provide charter service using equipment or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in compliance with the regulations set out in 49 CFR Part 604, the terms and conditions of which are incorporated herein by reference. Page 34 Certifications and Assurances Fiscal Year 2024 10 5.2. School Bus Agreement. To enforce the provisions of 49 U.S.C. § 5323(f), FTA’s school bus regulation requires each applicant seeking assistance from FTA for the purpose of acquiring or operating any public transportation equipment or facilities to make the following agreement regarding the provision of school bus services. 49 CFR § 605.15. (a) If the applicant is not authorized by the FTA Administrator under 49 CFR § 605.11 to engage in school bus operations, the applicant agrees and certifies as follows: (1) The applicant and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (b) If the applicant is authorized or obtains authorization from the FTA Administrator to engage in school bus operations under 49 CFR § 605.11, the applicant agrees as follows: (1) The applicant agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2) The applicant, or any operator of project equipment, agrees to promptly notify the FTA Administrator of any changes in its operations which might jeopardize the continuation of an exemption under § 605.11. (3) The applicant agrees that it will not engage in any practice which constitutes a means of avoiding the requirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b)). (4) The applicant agrees that the project facilities and equipment shall be used for the provision of mass transportation services within its urban area and that any other use of project facilities and equipment will be incidental to and shall not interfere with the use of such facilities and equipment in mass transportation service to the public. CATEGORY 6. TRANSIT ASSET MANAGEMENT PLAN. If the applicant owns, operates, or manages capital assets used to provide public transportation, the following certification is required by 49 U.S.C. § 5326(a). The applicant certifies that it is in compliance with 49 CFR Part 625. Page 35 Certifications and Assurances Fiscal Year 2024 11 CATEGORY 7. ROLLING STOCK BUY AMERICA REVIEWS AND BUS TESTING. 7.1. Rolling Stock Buy America Reviews. If the applicant will apply for an award to acquire rolling stock for use in revenue service, it must make this certification. This certification is required by 49 CFR § 663.7. The applicant certifies that it will conduct or cause to be conducted the pre-award and post- delivery audits prescribed by 49 CFR Part 663 and will maintain on file the certifications required by Subparts B, C, and D of 49 CFR Part 663. 7.2. Bus Testing. If the applicant will apply for funds for the purchase or lease of any new bus model, or any bus model with a major change in configuration or components, the applicant must make this certification. This certification is required by 49 CFR § 665.7. The applicant certifies that the bus was tested at the Bus Testing Facility and that the bus received a passing test score as required by 49 CFR Part 665. The applicant has received or will receive the appropriate full Bus Testing Report and any applicable partial testing reports before final acceptance of the first vehicle. CATEGORY 8. URBANIZED AREA FORMULA GRANTS PROGRAM. If the applicant will apply for an award under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), or any other program or award that is subject to the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310); “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)); projects that will receive an award authorized by the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) (23 U.S.C. §§ 601–609) or State Infrastructure Bank Program (23 U.S.C. § 610) (see 49 U.S.C. § 5323(o)); formula awards or competitive awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(a) and (b)); or low or no emission awards to any area under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339(c)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5307(c)(1). The applicant certifies that it: (a) Has or will have the legal, financial, and technical capacity to carry out the program of projects (developed pursuant 49 U.S.C. § 5307(b)), including safety and security aspects of the program; (b) Has or will have satisfactory continuing control over the use of equipment and facilities; Page 36 Certifications and Assurances Fiscal Year 2024 12 (c) Will maintain equipment and facilities in accordance with the applicant’s transit asset management plan; (d) Will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— (1) Senior; (2) Individual who, because of illness, injury, age, congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and (3) Individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. §§ 401 et seq., and 1395 et seq.); (e) In carrying out a procurement under 49 U.S.C. § 5307, will comply with 49 U.S.C. §§ 5323 (general provisions) and 5325 (contract requirements); (f) Has complied with 49 U.S.C. § 5307(b) (program of projects requirements); (g) Has available and will provide the required amounts as provided by 49 U.S.C. § 5307(d) (cost sharing); (h) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning); (i) Has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (j) Either— (1) Will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under 49 U.S.C. § 5336; or (2) Has decided that the expenditure for security projects is not necessary; (k) In the case of an applicant for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under 49 U.S.C. § 5307 for associated transit improvements as defined in 49 U.S.C. § 5302; and (l) Will comply with 49 U.S.C. § 5329(d) (public transportation agency safety plan). Page 37 Certifications and Assurances Fiscal Year 2024 13 CATEGORY 9. FORMULA GRANTS FOR RURAL AREAS. If the applicant will apply for funds made available to it under the Formula Grants for Rural Areas Program (49 U.S.C. § 5311), it must make this certification. Paragraph (a) of this certification helps FTA make the determinations required by 49 U.S.C. § 5310(b)(2)(C). Paragraph (b) of this certification is required by 49 U.S.C. § 5311(f)(2). Paragraph (c) of this certification, which applies to funds apportioned for the Appalachian Development Public Transportation Assistance Program, is necessary to enforce the conditions of 49 U.S.C. § 5311(c)(2)(D). (a) The applicant certifies that its State program for public transportation service projects, including agreements with private providers for public transportation service— (1) Provides a fair distribution of amounts in the State, including Indian reservations; and (2) Provides the maximum feasible coordination of public transportation service assisted under 49 U.S.C. § 5311 with transportation service assisted by other Federal sources; and (b) If the applicant will in any fiscal year expend less than 15% of the total amount made available to it under 49 U.S.C. § 5311 to carry out a program to develop and support intercity bus transportation, the applicant certifies that it has consulted with affected intercity bus service providers, and the intercity bus service needs of the State are being met adequately. (c) If the applicant will use for a highway project amounts that cannot be used for operating expenses authorized under 49 U.S.C. § 5311(c)(2) (Appalachian Development Public Transportation Assistance Program), the applicant certifies that— (1) It has approved the use in writing only after providing appropriate notice and an opportunity for comment and appeal to affected public transportation providers; and (2) It has determined that otherwise eligible local transit needs are being addressed. CATEGORY 10. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS AND THE EXPEDITED PROJECT DELIVERY FOR CAPITAL INVESTMENT GRANTS PILOT PROGRAM. If the applicant will apply for an award under any subsection of the Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), including an award made pursuant to the FAST Act’s Expedited Project Delivery for Capital Investment Grants Pilot Program (Pub. L. 114-94, div. A, title III, § 3005(b)), the applicant must make the following certification. This certification is required by 49 U.S.C. § 5309(c)(2) and Pub. L. 114-94, div. A, title III, § 3005(b)(3)(B). The applicant certifies that it: Page 38 Certifications and Assurances Fiscal Year 2024 14 (a) Has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award, (b) Has or will have satisfactory continuing control over the use of equipment and facilities acquired or improved under its Award. (c) Will maintain equipment and facilities acquired or improved under its Award in accordance with its transit asset management plan; and (d) Will comply with 49 U.S.C. §§ 5303 (metropolitan transportation planning) and 5304 (statewide and nonmetropolitan transportation planning). CATEGORY 11. GRANTS FOR BUSES AND BUS FACILITIES AND LOW OR NO EMISSION VEHICLE DEPLOYMENT GRANT PROGRAMS. If the applicant is in an urbanized area and will apply for an award under subsection (a) (formula grants), subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively. If the applicant is in a rural area and will apply for an award under subsection (a) (formula grants), subsection (b) (bus and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the certification in Category 9 for Formula Grants for Rural Areas (49 U.S.C. § 5311). This certification is required by 49 U.S.C. § 5339(a)(3), (b)(6), and (c)(3), respectively. Making this certification will incorporate by reference the applicable certifications in Category 8 or Category 9. If the applicant will receive a competitive award under subsection (b) (buses and bus facilities competitive grants), or subsection (c) (low or no emissions grants) of the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) related to zero emissions vehicles or related infrastructure, it must make the following certification. This certification is required by 49 U.S.C. § 5339(d). The applicant will use 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) to fund workforce development training as described in section 49 U.S.C. § 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce; or the applicant certifies a smaller percentage is necessary to carry out that plan. Page 39 Certifications and Assurances Fiscal Year 2024 15 CATEGORY 12. ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES PROGRAMS. If the applicant will apply for an award under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program (49 U.S.C. § 5310), it must make the certification in Category 8 for Urbanized Area Formula Grants (49 U.S.C. § 5307). This certification is required by 49 U.S.C. § 5310(e)(1). Making this certification will incorporate by reference the certification in Category 8, except that FTA has determined that (d), (f), (i), (j), and (k) of Category 8 do not apply to awards made under 49 U.S.C. § 5310 and will not be enforced. In addition to the certification in Category 8, the applicant must make the following certification that is specific to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. This certification is required by 49 U.S.C. § 5310(e)(2). The applicant certifies that: (a) The projects selected by the applicant are included in a locally developed, coordinated public transit-human services transportation plan; (b) The plan described in clause (a) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; (c) To the maximum extent feasible, the services funded under 49 U.S.C. § 5310 will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services; and (d) If the applicant will allocate funds received under 49 U.S.C. § 5310 to subrecipients, it will do so on a fair and equitable basis. CATEGORY 13. STATE OF GOOD REPAIR GRANTS. If the applicant will apply for an award under FTA’s State of Good Repair Grants Program (49 U.S.C. § 5337), it must make the following certification. Because FTA generally does not review the transit asset management plans of public transportation providers, the asset management certification is necessary to enforce the provisions of 49 U.S.C. § 5337(a)(4). The certification with regard to acquiring restricted rail rolling stock is required by 49 U.S.C. § 5323(u)(4). Note that this certification is not limited to the use of Federal funds. The applicant certifies that the projects it will carry out using assistance authorized by the State of Good Repair Grants Program, 49 U.S.C. § 5337, are aligned with the applicant’s most recent transit asset management plan and are identified in the investment and prioritization section of such plan, consistent with the requirements of 49 CFR Part 625. Page 40 Certifications and Assurances Fiscal Year 2024 16 If the applicant operates a rail fixed guideway service, the applicant certifies that, in the fiscal year for which an award is available to the applicant under the State of Good Repair Grants Program, 49 U.S.C. § 5337, the applicant will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in 49 U.S.C. § 5323(u)(1). CATEGORY 14. INFRASTRUCTURE FINANCE PROGRAMS. If the applicant will apply for an award for a project that will include assistance under the Transportation Infrastructure Finance and Innovation Act (“TIFIA”) Program (23 U.S.C. §§ 601–609) or the State Infrastructure Banks (“SIB”) Program (23 U.S.C. § 610), it must make the certifications in Category 8 for the Urbanized Area Formula Grants Program, Category 10 for the Fixed Guideway Capital Investment Grants program, and Category 13 for the State of Good Repair Grants program. These certifications are required by 49 U.S.C. § 5323(o). Making this certification will incorporate the certifications in Categories 8, 10, and 13 by reference. CATEGORY 15. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If the applicant will apply for an award under FTA’s Urbanized Area Formula Grants Program (49 U.S.C. § 5307), Fixed Guideway Capital Investment Program (49 U.S.C. § 5309), Formula Grants for Rural Areas Program (49 U.S.C. § 5311), or Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339) programs, the applicant must make the following certification. The applicant must make this certification on its own behalf and on behalf of its subrecipients and contractors. This certification is required by 49 CFR § 655.83. The applicant certifies that it, its subrecipients, and its contractors are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655. CATEGORY 16. RAIL SAFETY TRAINING AND OVERSIGHT. If the applicant is a State with at least one rail fixed guideway system, or is a State Safety Oversight Agency, or operates a rail fixed guideway system, it must make the following certification. The elements of this certification are required by 49 CFR §§ 672.31 and 674.39. The applicant certifies that the rail fixed guideway public transportation system and the State Safety Oversight Agency for the State are: (a) Compliant with the requirements of 49 CFR Part 672, “Public Transportation Safety Certification Training Program”; and (b) Compliant with the requirements of 49 CFR Part 674, “Sate Safety Oversight”. Page 41 Certifications and Assurances Fiscal Year 2024 17 CATEGORY 17. DEMAND RESPONSIVE SERVICE. If the applicant operates demand responsive service and will apply for an award to purchase a non-rail vehicle that is not accessible within the meaning of 49 CFR Part 37, it must make the following certification. This certification is required by 49 CFR § 37.77. The applicant certifies that the service it provides to individuals with disabilities is equivalent to that provided to other persons. A demand responsive system, when viewed in its entirety, is deemed to provide equivalent service if the service available to individuals with disabilities, including individuals who use wheelchairs, is provided in the most integrated setting appropriate to the needs of the individual and is equivalent to the service provided other individuals with respect to the following service characteristics: (a) Response time; (b) Fares; (c) Geographic area of service; (d) Hours and days of service; (e) Restrictions or priorities based on trip purpose; (f) Availability of information and reservation capability; and (g) Any constraints on capacity or service availability. CATEGORY 18. INTEREST AND FINANCING COSTS. If the applicant will pay for interest or other financing costs of a project using assistance awarded under the Urbanized Area Formula Grants Program (49 U.S.C. § 5307), the Fixed Guideway Capital Investment Grants Program (49 U.S.C. § 5309), or any program that must comply with the requirements of 49 U.S.C. § 5307, including the Formula Grants for the Enhanced Mobility of Seniors Program (49 U.S.C. § 5310), “flex funds” from infrastructure programs administered by the Federal Highways Administration (see 49 U.S.C. § 5334(i)), or awards to urbanized areas under the Grants for Buses and Bus Facilities Program (49 U.S.C. § 5339), the applicant must make the following certification. This certification is required by 49 U.S.C. §§ 5307(e)(3) and 5309(k)(2)(D). The applicant certifies that: (a) Its application includes the cost of interest earned and payable on bonds issued by the applicant only to the extent proceeds of the bonds were or will be expended in carrying out the project identified in its application; and (b) The applicant has shown or will show reasonable diligence in seeking the most favorable financing terms available to the project at the time of borrowing. Page 42 Certifications and Assurances Fiscal Year 2024 18 CATEGORY 19. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS. If the applicant operates a rail fixed guideway public transportation system, it must make this certification. This certification is required by 49 U.S.C. § 5323(v). For information about standards or practices that may apply to a rail fixed guideway public transportation system, visit https://www.nist.gov/cyberframework and https://www.cisa.gov/. The applicant certifies that it has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks that complies with the requirements of 49 U.S.C. § 5323(v)(2). CATEGORY 20. PUBLIC TRANSPORTATION ON INDIAN RESERVATIONS FORMULA AND DISCRETIONARY PROGRAM (TRIBAL TRANSIT PROGRAMS). Before FTA may provide Federal assistance for an Award financed under either the Public Transportation on Indian Reservations Formula or Discretionary Program authorized under 49 U.S.C. § 5311(c)(1), as amended by the FAST Act, (Tribal Transit Programs), the applicant must select the Certifications in Category 21, except as FTA determines otherwise in writing. Tribal Transit Program applicants may certify to this Category and Category 1 (Certifications and Assurances Required of Every Applicant) and need not make any other certification, to meet Tribal Transit Program certification requirements. If an applicant will apply for any program in addition to the Tribal Transit Program, additional certifications may be required. FTA has established terms and conditions for Tribal Transit Program grants financed with Federal assistance appropriated or made available under 49 U.S.C. § 5311(c)(1). The applicant certifies that: (a) It has or will have the legal, financial, and technical capacity to carry out its Award, including the safety and security aspects of that Award. (b) It has or will have satisfactory continuing control over the use of its equipment and facilities acquired or improved under its Award. (c) It will maintain its equipment and facilities acquired or improved under its Award, in accordance with its transit asset management plan and consistent with FTA regulations, “Transit Asset Management,” 49 CFR Part 625. Its Award will achieve maximum feasible coordination with transportation service financed by other federal sources. (d) With respect to its procurement system: (1) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 1201, which incorporates by reference U.S. OMB regulatory guidance, “Uniform Administrative Requirements, Cost Page 43 Certifications and Assurances Fiscal Year 2024 19 Principles, and Audit Requirements for Federal Awards,” 2 CFR Part 200, for Awards made on or after December 26, 2014, (2) It will have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR Part 18, specifically former 49 CFR § 18.36, for Awards made before December 26, 2014, or (3) It will inform FTA promptly if its procurement system does not comply with either of those U.S. DOT regulations. (e) It will comply with the Certifications, Assurances, and Agreements in: (1) Category 05.1 and 05.2 (Charter Service Agreement and School Bus Agreement), (2) Category 06 (Transit Asset Management Plan), (3) Category 07.1 and 07.2 (Rolling Stock Buy America Reviews and Bus Testing), (4) Category 09 (Formula Grants for Rural Areas), (5) Category 15 (Alcohol and Controlled Substances Testing), and (6) Category 17 (Demand Responsive Service). CATEGORY 21. EMERGENCY RELIEF PROGRAM. An applicant to the Public Transportation Emergency Relief Program, 49 U.S.C. § 5324, must make the following certification. The certification is required by 49 U.S.C. § 5324(f) and must be made before the applicant can receive a grant under the Emergency Relief program. The applicant certifies that the applicant has insurance required under State law for all structures related to the emergency relief program grant application. Page 44 Certifications and Assurances Fiscal Year 2024 1 FEDERAL FISCAL YEAR 2024 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS (Signature pages alternate to providing Certifications and Assurances in TrAMS.) Name of Applicant:_____________________________________________________ The Applicant certifies to the applicable provisions of all categories: (check here) _______. Or, The Applicant certifies to the applicable provisions of the categories it has selected: Category Certification 01 Certifications and Assurances Required of Every Applicant 02 Public Transportation Agency Safety Plans 03 Tax Liability and Felony Convictions 04 Lobbying 05 Private Sector Protections 06 Transit Asset Management Plan 07 Rolling Stock Buy America Reviews and Bus Testing 08 Urbanized Area Formula Grants Program 09 Formula Grants for Rural Areas 10 Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program 11 Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs Page 45 Certifications and Assurances Fiscal Year 2024 2 12 Enhanced Mobility of Seniors and Individuals with Disabilities Programs 13 State of Good Repair Grants 14 Infrastructure Finance Programs 15 Alcohol and Controlled Substances Testing 16 Rail Safety Training and Oversight 17 Demand Responsive Service 18 Interest and Financing Costs 19 Cybersecurity Certification for Rail Rolling Stock and Operations 20 Tribal Transit Programs 21 Emergency Relief Program CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE AFFIRMATION OF APPLICANT Name of the Applicant: BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in the federal fiscal year, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it. The Certifications and Assurances the Applicant selects apply to each Award for which it now seeks, or may later seek federal assistance to be awarded by FTA during the federal fiscal year. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. § 1001 apply to any certification, assurance, or submission made in connection with a federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute Page 46 Certifications and Assurances Fiscal Year 2024 3 In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature Date: Name Authorized Representative of Applicant AFFIRMATION OF APPLICANT’S ATTORNEY For (Name of Applicant): As the undersigned Attorney for the above-named Applicant, I hereby affirm to the Applicant that it has authority under state, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA assisted Award. Signature Date: Name Attorney for Applicant Each Applicant for federal assistance to be awarded by FTA must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its electronic signature in lieu of the Attorney’s signature within TrAMS, provided the Applicant has on file and uploaded to TrAMS this hard-copy Affirmation, signed by the attorney and dated this federal fiscal year. Page 47 Certifications and Assurances :: Page 1 of 4 Overview Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards. Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read each Certification and Assurance and select those that will apply to any application for which you might seek federal assistance from FTA during the fiscal year listed. Please review the full list of Certifications and Assurances by before completing this form.clicking here DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of the files provided on this page, please contact .FTAWebAccessibility@dot.gov Certifications and Assurances FEDERAL CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature pages alternative to providing Certifications and Assurances in TrAMS) Agency: Estes Park, Town of Federal Fiscal Year: 2024 The Applicant agrees to comply with applicable provisions of Categories 01-21: (check this box and click Save to select all of the Categories listed below) All Applicable Provisions: The Applicant agrees to comply with applicable provisions of the Categories it has selected: (select all of the Categories that apply) Page 48 Certifications and Assurances :: Page 2 of 4 CATEGORY 1. Certifications and Assurances Required of Every Applicant: CATEGORY 2. Public Transportation Agency Safety Plans: CATEGORY 3. Tax Liability and Felony Convictions: CATEGORY 4. Lobbying: CATEGORY 5. Private Sector Protections: CATEGORY 6. Transit Asset Management Plan: CATEGORY 7. Rolling Stock Buy America Reviews and Bus Testing: CATEGORY 8. Urbanized Area Formula Grants Program: CATEGORY 9. Formula Grants for Rural Areas: CATEGORY 10. Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program: CATEGORY 11. Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs: CATEGORY 12. Enhanced Mobility of Seniors and Individuals with Disabilities Programs: CATEGORY 13. State of Good Repair Grants: CATEGORY 14. Infrastructure Finance Programs: CATEGORY 15. Alcohol and Controlled Substances Testing: CATEGORY 16. Rail Safety Training and Oversight: Page 49 Certifications and Assurances :: Page 3 of 4 CATEGORY 17. Demand Responsive Service: CATEGORY 18. Interest and Financing Costs: CATEGORY 19. Cybersecurity Certification for Rail Rolling Stock and Operations: CATEGORY 20. Public Transportation on Indian Reservations Formula and Discretionary Program (Tribal Transit Programs): CATEGORY 21. Emergency Relief Program: Affirmation : BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2024, irrespective of whether the individual that acted on his or her Applicant's behalf continues to represent it. Authorized Representative: In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. True and Accurate Statement: Authorized Representative Name:Date Signed: Page 50 Certifications and Assurances :: Page 4 of 4 Page 51 Certifications and Assurances :: Page 1 of 4 Overview Greetings! Thank you for helping DTR complete the annual Certifications and Assurances for FTA awards. Before FTA may award federal assistance for public transportation in the form of a federal grant, cooperative agreement, loan, line of credit, or loan guarantee, certain pre-award Certifications and Assurances are required. Read each Certification and Assurance and select those that will apply to any application for which you might seek federal assistance from FTA during the fiscal year listed. Please review the full list of Certifications and Assurances by before completing this form.clicking here DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of the files provided on this page, please contact .FTAWebAccessibility@dot.gov Certifications and Assurances FEDERAL CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature pages alternative to providing Certifications and Assurances in TrAMS) Agency: Estes Park, Town of Federal Fiscal Year: 2024 The Applicant agrees to comply with applicable provisions of Categories 01-21: (check this box and click Save to select all of the Categories listed below) All Applicable Provisions: The Applicant agrees to comply with applicable provisions of the Categories it has selected: (select all of the Categories that apply) Page 52 Certifications and Assurances :: Page 2 of 4 CATEGORY 1. Certifications and Assurances Required of Every Applicant: CATEGORY 2. Public Transportation Agency Safety Plans: CATEGORY 3. Tax Liability and Felony Convictions: CATEGORY 4. Lobbying: CATEGORY 5. Private Sector Protections: CATEGORY 6. Transit Asset Management Plan: CATEGORY 7. Rolling Stock Buy America Reviews and Bus Testing: CATEGORY 8. Urbanized Area Formula Grants Program: CATEGORY 9. Formula Grants for Rural Areas: CATEGORY 10. Fixed Guideway Capital Investment Grants and the Expedited Project Delivery for Capital Investment Grants Pilot Program: CATEGORY 11. Grants for Buses and Bus Facilities and Low or No Emission Vehicle Deployment Grant Programs: CATEGORY 12. Enhanced Mobility of Seniors and Individuals with Disabilities Programs: CATEGORY 13. State of Good Repair Grants: CATEGORY 14. Infrastructure Finance Programs: CATEGORY 15. Alcohol and Controlled Substances Testing: CATEGORY 16. Rail Safety Training and Oversight: Page 53 Certifications and Assurances :: Page 3 of 4 CATEGORY 17. Demand Responsive Service: CATEGORY 18. Interest and Financing Costs: CATEGORY 19. Cybersecurity Certification for Rail Rolling Stock and Operations: CATEGORY 20. Public Transportation on Indian Reservations Formula and Discretionary Program (Tribal Transit Programs): CATEGORY 21. Emergency Relief Program: Affirmation : BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all federal laws, regulations, and requirements, follow applicable federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in federal fiscal year 2024, irrespective of whether the individual that acted on his or her Applicant's behalf continues to represent it. Authorized Representative: In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. True and Accurate Statement: Authorized Representative Name:Date Signed: Page 54 Certifications and Assurances :: Page 4 of 4 Page 55       Page 56 UTILITIES Memo To: Honorable Mayor Koenig or Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Director; Jamie Kuryllo, Grant Writer Date: April 24, 2024 RE: Resolution 37-24 Authorizing Town Staff To Administer an Account on the Application Intake System of the United States Department of Agriculture PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support QUASI-JUDICIAL YES NO Objective: Power and Communications Division aims to be good stewards of customer resources by applying for USDA grants which requires Town Board to authorize the creation of a United State Department of Agriculture (USDA) account for the Application Intake System for Telecommunication Programs and assign the Representative-Signature- Certifier and Administrator roles. Present Situation: The USDA Rural Utilities Service Agency recently opened the application period for the FY2024 Rural eConnectivity (ReConnect) grant program. Under this program, grant funds are awarded to qualified applicants to fund the costs of construction, improvement, or acquisition of facilities and equipment needed to provide broadband service. The Town’s Power and Communications Division is interested in applying for broadband grant funds under the ReConnect program, however, staff does not have access to the USDA’s Application Intake System. The USDA requires Town Board to pass a resolution assigning a Representative- Signature-Certifier and Administrator(s) roles in order to access the USDA’s Application Intake System. The people assigned must have Level 2 USDA eAuthentication credentials and obtaining these credentials can be a lengthy process. Reuben Bergsten, Utilities Director and Jamie Kuryllo, Grant Writer both have Level 2 USDA eAuthentication credentials. Page 57 Proposal: Power and Communications Division staff recommends the Town Board pass the attached resolution to authorize the Town to create a USDA account in order to gain access to the online grant application system. Advantages: ● This request will allow the Town to pursue various funding streams offered by the USDA for the costs needed to provide broadband service in eligible rural areas. ● This request supports the Town Board’s 2024 Strategic Plan policy statement “to ensure access to high- speed, high-quality, reliable Trailblazer Broadband service.” Disadvantages: ● Managing grants adds additional work to staff; however, we have a lot of positive experience working with the USDA. ● The assignment of these roles will likely change; however, time is of the essence to meet a mid-may deadline and the roles can be re-assigned. Action Recommended: Staff recommends approval of the resolution. Finance/Resource Impact: There is no financial impact at this time. This will allow the Town’s Power and Communications Division to apply for rural broadband grants offered by the USDA. Level of Public Interest: High for those living in areas of the P&C service area who do not yet have access to Trailblazer’s modern broadband service. Sample Motion: I move for the approval/denial of Resolution 37-24. Attachments: 1. Resolution 37-24 Page 58 RESOLUTION 37-24 AUTHORIZING TOWN STAFF TO ADMINISTER AN ACCOUNT ON THE APPLICATION INTAKE SYSTEM OF THE UNITED STATES DEPARTMENT OF AGRICULTURE WHEREAS, the Town of Estes Park acting by and though its Power and Communications Enterprise owns and operates Trailblazer Broadband; and WHEREAS, the Town desires to expand Trailblazer Broadband’s fiber optic infrastructure to the most rural areas of Power and Communications’ service area; and WHEREAS, the cost of construction combined with the cost of operations, maintenance, and future capital infrastructure replacement costs creates an unsustainable business model; and WHEREAS, the United States Department of Agriculture (USDA) Rural Development has grant and financing programs to offset construction costs in order to create a sustainable business model; and WHEREAS, in order to apply for USDA Rural Development grants and financing Programs the Town Board must assign one Representative-Signature-Certifier security role on behalf of the Town of Estes Park, who shall be responsible for providing signatures, authorizing certifications, entering/updating applications, submitting applications for consideration, and assigning access to new users in USDA’s Online Application Intake System for Telecommunications Programs; and WHEREAS, if USDA application(s) are awarded under these Programs, the Representative-Signature-Certifier security role on behalf of the Town of Estes Park shall also be responsible for authorizing certifications, entering/updating compliance reports, submitting compliance reports, and assigning access to new users in USDA’s Online Financial Reporting and Compliance System; and WHEREAS, the USDA requires the Town Board to assign one or more Administrator security role(s) on behalf of the Town of Estes Park, who shall be responsible for assigning access to new users and entering/updating application(s) in USDA’s Online Application Intake System for Telecommunications Programs; and WHEREAS, if applications are awarded under these Programs, the Administrator’s security role on behalf of the Town of Estes Park shall also be responsible for assigning access to new users and entering/updating compliance reports in USDA’s Online Financial Reporting and Compliance System; and WHEREAS, the Representative-Signature-Certifier and Administrator for the Town of Estes Park shall comply fully with all security procedures and policies of the Online Application Intake System for Telecommunications Programs and USDA’s Online Financial Reporting and Compliance System; and WHEREAS, the Town’s Representative-Signature-Certifier and Administrator must have eAuthentication Level 2 credentials; and WHEREAS, obtaining eAuthentication Level 2 credentials can be a lengthy process taking up to a month; and WHEREAS, the Town’s Utilities Director, Reuben Bergsten already has eAuthentication Level 2 credentials for the assignment of the Representative-Signature- Certifier security role on behalf of the Town of Estes Park; and WHEREAS, the Town’s Grant Writer, Jamie Kuryllo already has eAuthentication Level 2 credentials for the assignment of the Administrator security role on behalf of the Town of Estes Park; and Attachment 1 Page 59 WHEREAS, time is of the essence to meet a mid-May application deadline. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board authorizes Town staff to create a USDA account for the Application Intake System for Telecommunication Programs and assigns the Representative- Signature-Certifier and Administrator roles as described in this Resolution. DATED this day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 60 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing & Childcare Manager Date: April 23, 2024 RE: Resolution 35-24 6E Funding Expenditure for a Childcare Funding Agreement with the YMCA of the Rockies (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Consider the approval of Resolution 35-24 for the 6E funding expenditure to the YMCA of the Rockies Summer Inclusion Program of $35,420.00. Present Situation: The 2024 6E Funding Plan outlined the use of 6E funds to support out-of-school programming, defined as after and/or before school care, out-of-school days (like Teacher Professional Development days), and summertime programs. The YMCA of the Rockies serves on average 200 local children, one to 18 years old, each summer through their Summer Day Camp program. In addition to traditional day camp programming, the YMCA has an inclusion program that serves children with special needs by providing individual accommodations for each child to ensure success throughout the day. The YMCA is requesting funds to help support the cost of staffing and scholarships that are used to provide these services directly to the local community of Estes Park. Proposal: Funding for out-of-school programming is essential to supporting our workforce in the Estes Valley. Programs such as the YMCA of the Rockies are even more important to serving working families during our busiest summer tourism months. Families that have children with various physical and cognitive special needs have little to no support or childcare options throughout the Estes Valley when out of school during the summer. The YMCA has served families with children who have special needs and received feedback from parents for increased staff support. These staff positions are very difficult Page 61 to recruit with professionals who have the experience and specialized skills to serve these children who require additional support throughout the day. A funding application received from the YMCA of the Rockies requests $20,498 for additional staffing, including an “off grounds” position at $23/hour, and an additional Inclusion Counselor for children under 5. The YMCA of the Rockies provides affordable dorm-style housing for its day camp staff, which is ideal for the seasonal staff they typically recruit for these positions. The proposed “off grounds” position would allow the YMCA to recruit an employee who lives in the Estes Valley, or prefers to live off property. In addition to increasing staffing to serve children, the YMCA also provides tuition assistance to 18 local families with children with special needs. In 2024, they expect to provide approximately $30,000 in assistance and request that the Town subsidize that expenditure to cover the assistance provided for the local children in the Inclusion Program. In addition to supporting the staffing, the YMCA requests $14,922 to keep tuition affordable for families with children in the Inclusion Program. Daily rates for day camp are $50/day. The YMCA of the Rockies has requested $35,420.00 for support for the Inclusion Program that serves Estes Valley kids with special needs. Advantages: •Distribution of 6E funds to support out-of-school programming efforts as directed by the voters when passing the 6E Ballot Initiative. •Supporting critical services to local children Disadvantages: None. Action Recommended: Approval of the 6E Expenditure to support the YMCA of the Rockies Summer Inclusion Program. Finance/Resource Impact: $35,420 expended from the Childcare Lodging Tax Fund, account 101-1900-419.37-97 Level of Public Interest None. Sample Motion: I move for the approval/denial of Resolution 35-24. Attachments: 1.Resolution 35-24 2.Childcare Funding Agreement 3.YMCA of the Rockies Application Page 62 RESOLUTION 35-24 APPROVE 6E FUNDING EXPENDITURE FOR A CHILDCARE FUNDING AGREEMENT WITH THE YMCA OF THE ROCKIES WHEREAS, the Town of Estes Park prioritized the funding of out-of-school funding for the use of Workforce Housing and Childcare (6E) Tax revenue in the 2024 Funding Plan; and WHEREAS, the YMCA of the Rockies provides summer childcare for children in the Estes Valley; and WHEREAS, the YMCA of the Rockies seeks funding through the Policy 225 Childcare Funding application to support operations and staffing of their Inclusion Programming; and 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 childcare funding agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 63 ` CHILDCARE FUNDING AGREEMENT Between the Town of Estes Park and the YMCA of the Rockies The Town of Estes Park, Colorado (Town), a Colorado municipal corporation, and the YMCA of the Rockies (YMCA), a nonprofit organization, hereby agree to the following on this _______ day of _____________, 2024, for good and valuable consideration the receipt of which is hereby acknowledged: 1. The Town will grant $35,420 to the YMCA of the Rockies to provide financial support and to address workforce challenges as described in the 2024 Funding Plan. 2. Funds received as this one-time subsidy must be used to contribute to the mission of the YMCA of the Rockies and their summer Day Camp mission to inspire kids ages 3-17 with countless opportunities to laugh, lead, and make lasting friendships. 3.Of the $35,420 funds received by the YMCA of the Rockies, $25,000 must be used to support the wages of staff in the YMCA’s Summer Inclusion Program (“Program”) as described in the YMCA’s application for this subsidy and the remaining $10,420 will go toward the scholarship fund for children served in that program. 4. The hourly wage for the lead staff who carry out the Program must be a minimum of $20/hour and $16/hour for aides, not including benefits or any recruitment and retention bonuses. 5. At least one parent or guardian of each of the children served by the Program must work full-time (at least 30 hours per week) within the boundaries of the Estes Park R-3 School District. 6.The YMCA agrees to use these funds only for the purposes described above. The YMCA shall keep full records of the use of these funds and compliance with the above requirements and shall deliver them to the Town promptly upon request. YMCA acknowledges that, in addition to all other remedies the Town may pursue for YMCA’s breach of this agreement, YMCA may become ineligible for future funds from the Town. 7.The YMCA shall provide a final report of expenditures to the Town by December 1, 2024. 8.The YMCA must spend all funds provided under this Agreement within twelve (12) months of its effective date or must return the funds to the Town. Attachment 2 Page 64 9. The YMCA must provide childcare service and staffing levels, as described in its application for this subsidy and supporting documents, for a minimum of 24 months from the effective date of this Agreement or the funds must be returned to the Town. 10. The YMCA warrants that all of the information included in its application for this subsidy, its attachments, its supplemental documents, and all other information communicated to the Town to solicit its approval of this grant is true and correct. 11. This Agreement does not preclude the YMCA from being eligible for additional funding from the Town for the purposes of childcare. Such funding may be provided on an application basis or through a direct subsidy program. 12. The Town finds that the use of these funds is for the public purpose of protecting the economic and social vitality of the Town by supporting employment for residents of the Town by expanding childcare options for working parents and guardians, thereby allowing employees to continue to live and work locally, and ultimately to continue to contribute to the Town’s tax base. The Town finds that this Agreement’s public purposes are both significant and substantial, and justify the expenditure of the public funds. The Town finds that the support of childcare operations both inside and in the immediate vicinity of the Town and the boundaries of the Estes Park Local Marketing District contributes to the public purposes described above, that the economy and society of the entire Estes Valley is inextricably interconnected, and that supporting the families of the Estes Valley is integral to supporting the economic and social vitality of the Town. The Town also finds that the Town will receive adequate consideration for its financial contribution to the Program in the form of the significant and substantial public benefits described above. Finally, the Town finds that the activities funded by this Agreement consitute development and operation of a program to support affordable workforce childcare services. 13. This Agreement does not establish a partnership or joint venture between the Town and the YMCA. The YMCA shall perform all activities under this agreement as an independent entity, and not as an agent or employee of Town. No employee or official of Town shall supervise the YMCA or its agents or employees. The YMCA shall exercise no supervision over any employee or official of Town. The YMCA and its agents and employees shall not represent that they are an employee or agent of the Town in any capacity. The YMCA’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and the YMCA and its officers, employees and agents are obligated to pay any applicable federal and state income tax on money paid under this Agreement. Except as this Agreement expressly states, the YMCA shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and services necessary. This Agreement is not exclusive; subject the terms of this Agreement, Town and the YMCA may each contract with other parties. 14. To the extent permitted by law, the YMCA and its agents, principals, officers, partners, employees, and subcontractors shall and do agree to indemnify, protect, and hold Page 65 harmless the Town, its officers, employees, and agents from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees and the value of the time of in-house counsel), of any nature, kind, or description by any third party arising out of, caused by, or resulting from any activities under this Agreement. 15. The YMCA will perform activities under this Agreement in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Agreement. The YMCA shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that the YMCA follows the safety regulations issued by OSHA. The YMCA shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its activities under this Agreement. 16. The YMCA shall maintain such insurance as necessary to cover such liability as may arise from its activities under this Agreement, and shall provide evidence of such coverage to the Town upon request. 17. This instrument forms a contract only when executed in writing by duly authorized representatives of Town and the YMCA. By their signatures on this document, the signatories represent that they have actual authority to enter this Agreement for the respective parties. 18. There are no other agreements on the same subject than expressly stated or incorporated in this Agreement. 19. The laws of the State of Colorado shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. 20. This Agreement does not create a multiple fiscal year direct or indirect debt or other financial obligation. All financial obligations of the Town under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 21. Only the Town and the YMCA, as parties to this Agreement, shall have the right to bring an action to enforce the respective rights and obligations under this Agreement. No other third party shall have the right or standing to enforce the terms of this Agreement, directly or by derivative action on behalf of either Party. 22. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Page 66 Parties, it being recognized that both the Town and the YMCA have contributed substantially and materially to the preparation of this Agreement. 23. The Parties warrant that they have taken all actions necessary or required by their own procedures, bylaws, or applicable law, to authorize their respective signatories to sign this Agreement for them and to bind them to its terms. (Signature pages to follow.) Page 67 Town of Estes Park By: Date: ___________________ Title: State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2024. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 68 YMCA of the Rockies By: Date: ___________________ Title: State of ) ) ss County of ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2024, by , as of ______________________________. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Page 69 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 1 of 5 Effective Period: Until superseded Review Schedule: Annually Effective Date: October 13, 2020; Revised February 28, 2023 References: N/A ADMINISTRATION 225 CHILDCARE FUNDING GUIDELINES 1. PURPOSE This policy articulates the Town’s role related to childcare and provides guidelines for how available funds shall be expended and/or awarded. 2. PROBLEM STATEMENT The lack of childcare options in the Estes Valley, especially for infants and toddlers, creates significant challenges for families in the Estes Valley and for local organizations, including the Town, trying to recruit and retain employees. 3. PROCEDURE a. The Town’s Role The Town’s primary goal related to childcare is to create and sustain capacity for children in the Estes Valley, especially for infants and toddlers. The Town’s role in achieving this goal is to provide support for childcare providers in the form of financial contributions, incentives, policy changes, representation in collaborative efforts to address childcare capacity issues, serving as the applicant for grants or other financial assistance from other levels of government or agencies where the grantee must be a governmental entity, and advocacy where appropriate. b. Childcare Fund i. Establishment: There shall be a fund within the General Fund dedicated to creating additional capacity for children, especially infants and toddlers, in the Estes Valley. ii. Appropriations to the Childcare Fund: On an annual basis as part of the budget development process, Town staff will recommend a dollar amount to appropriate to the Childcare Fund. The recommendation will be based on funds projected to be received by the Town through the Local Marketing District’s lodging tax extension (as outlined in the Annual Workforce and Childcare Funding Plan provided to Larimer County, consistent with the Local Marketing District Intergovernmental Agreement). The Town Board may appropriate other funds to the Childcare Fund whenever and in whatever amount it deems appropriate. Attachment 3 Page 70 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 2 of 5 a) Other Revenues: In addition to the appropriations outlined above, other revenue sources for the Childcare Fund may include donations, proceeds from the sale or lease of public property, and grants or other financial assistance related to childcare related activities. iii. Qualification/Eligibility Criteria for Funding from Childcare Fund a) Entities or individuals receiving Town funds for childcare related purposes must: Be a childcare provider that provides or intends to provide year-round childcare for at least four children between the ages of 0 and 4 who are unrelated to the caregiver OR an in-home provider who provides year- round care for at least three children between the ages of 0 and 4 who are unrelated to the caregiver; and Own or lease a facility or home (or demonstrate intent to own or lease a facility or home) located within the Estes Park School District R-3 where childcare services are provided or will be provided after capital improvements are made; and Be in compliance with state and local health and safety requirements, if applicable; or Provide out-of-school programming, such as before- and after-care programs, for children in grades Pre-K through 5; or Administer tuition assistance and/or scholarship programs for families with children in the care of providers in the Estes Valley. Unlicensed providers must meet State guidelines for providing legally exempt care. b) Among entities or individuals who meet the qualification criteria outlined above, although the Town reserves the right to make any funding decisions it is entitled to, priority/preference will be given to applicants who: Use Town funds to finance the design, construction, expansion, renovation or other improvements of facilities at which childcare services are provided in order to increase capacity. Provide year-round childcare for children between the ages of 0 and 2.5. Provide full day childcare for children between the ages of 0 and 2.5. Can demonstrate ability to provide greatest number of new childcare spaces, especially for children between the ages of 0 and 2.5. Are licensed by the State of Colorado to provide childcare services. Are actively pursuing State licensure or demonstrate intent to pursue such. Can demonstrate that financial contributions from the requesting entity or individual will supplement funding from the Town.. Page 71 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 3 of 5 Can demonstrate how financial contributions from the Town will assist with addressing workforce challenges. iv. Childcare Fund Expenditures: a) The Childcare Fund will be the primary source of funds from the Town used to facilitate the creation of additional capacity for childcare or assist with addressing workforce challenges. b) Eligible expenditures from the Childcare Fund include the following: Financing the design, construction, expansion, renovation or other improvements to facilities at which childcare services are provided or will be provided in order to: o increase capacity or if such improvements are required to retain existing capacity. o enhance the safety, well-being, and/or experience of children in the care of providers receiving funding (such expenditures may include things like fencing, fire suppression improvements, healthy food/snacks, playground equipment, etc.). o become a licensed provider. Subsidizing tap fees for new construction or expansion of existing childcare facilities for facilities that qualify as a Day Care Center as defined in the Estes Park Development Code. Purchasing property (land and/or buildings) to be used for a childcare facility. Providing funding for tuition assistance or scholarships for childcare. Providing funding for out-of-school programming, such as before- and after-care programs. Providing financial assistance or subsidies to childcare providers that can be directly linked to addressing workforce challenges. The childcare provider, whether in-home or center based, must demonstrate how financial assistance from the Town will directly enable them to recruit and/or retain staff. Eligible workforce related expenditures include, but may not be limited to: o Subsidies to childcare providers to encourage them to start or stay in business in the Estes Valley, including for out-of-school time programs (i.e. recruitment and/or retention bonuses). o Subsidies to providers to help bridge the gap between what they can afford to pay staff and what is deemed by the Town to be a reasonable, living wage. o Subsidies to help pay or offset costs for benefits such as healthcare, retirement, and/or paid leave. Page 72 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 4 of 5 o Assistance with costs associated with licensing and/or staff training. o Assistance with costs associated with housing staff. o Assistance with costs associated with transportation needs of staff and/or children. c) Funds may be transferred to other agencies on a contractual basis to achieve the Town’s goals as stated in this policy. The contracts/agreements will be subject to approval by the Town Board and will specify authority with respect to funding decisions. d) The Outside Entity Funding budget will be the source of Town funds for any other childcare expenditures, including Base Funding for the EVICS Family Resource Center, consistent with Finance Policy 671: Town Funding of Outside Entities. c. Process i. Funds from the Childcare Fund will be made available through either an application process (application attached) or direct subsidy from the Town at the Town’s discretion. a) Application process: Application materials must demonstrate need and how funds will be used in order to increase childcare capacity or retain existing capacity, or address workforce challenges. Town staff, in consultation with partnering agencies as appropriate, will review applications and recommend funding allocations based on the criteria outlined in this document. b) Direct subsidies: Should the Town determine, in its sole discretion, to provide direct subsidies to childcare providers, the amount of the subsidy will be based on the number of filled childcare slots. A higher dollar amount may be provided for slots filled by infants and/or toddlers, and the subsidy amount per slot will be prorated for those filled on a part-time basis. d. Funding and Requirements i. Awards and award amounts will be determined by the Town and will depend on availability of funds. ii. Town staff may make award decisions and execute agreements for awards of $10,000 or less. The Town Board must make decisions and approve agreement for awards greater than $10,000. iii. The Town reserves the right to determine whether to disperse all funds prior to a project commencing, after a project is completed, or based on certain milestones. iv. Awards will be accompanied by an agreement from the Town that stipulates, at a minimum: Page 73 Document Title Policy 225 – Childcare Reserve Fund 02/28/2023 Revisions: 3 Town of Estes Park, Town Administrator’s Office Page 5 of 5 a) If award amounts for capital projects are not spent within 12 months of the award date, the receiving entity or person will be required to return the funds to the Town, at the Town’s discretion. Extensions beyond 12 months may be granted depending on the project scope or other circumstances. b) Award recipients must provide childcare services for a minimum of 24 months following the project completion date or receipt of the last payment of funds from the Town; otherwise the receiving entity or person will be required to return the funds to the Town. Repayment of tap fee subsidies may be waived by the Town at the Town’s discretion. c) Entities receiving funding from the Town will be required to submit a report (or reports) to the Town at pre-determined intervals that details how funds were spent and the impact/outcome resulting from the use of funds. The report must also include supporting documentation to confirm expenditure of funds. d) The Town may require additional stipulations on a case-by-case basis as deemed necessary. Approved: _____________________________ Wendy Koenig, Mayor _____________ Date Page 74 POLICY 225 – CHILDCARE FUNDING GUIDELINES APPLICATION Page 1 of 2 Childcare Funding Application Funding Year: Entity/Individual : Date of Establishment of Childcare Operations?: Contact Person:Title Phone:E-mail: Address Dollar amount requested: $ Please provide the following information to help us assess your or your entity’s eligibility and need. Responses should submitted as an attachment to this application form. 1. Does your childcare operation serve the Estes Valley? Y N __ How many children in the Estes Valley (total and unduplicated) do you serve or expect to serve through your childcare program? What age group(s)? (100 words max) Which category below best describes your need with respect to this application?: _____Tuition Assistance/Scholarships _____Purchase of real property (land and/or building(s)) _____Rental or utility assistance _____Upgrade(s) to existing property _____Purchase of equipment _____Assistance with workforce recruitment and/or retention Other – Explain Following up on the previous question, describe in detail how funds will be used if granted (200 words max). Attach your anticipated budget for the service, project, program, or other expenditure for which you are seeking financial assistance. Page 75 POLICY 225 – CHILDCARE FUNDING GUIDELINES APPLICATION Page 2 of 2 How will you measure the success of the project or program for which funding is requested (200 words max)? Who will be responsible for the administration of the project or program for which you are requesting funding (name, title, and entity)? If you are requesting funds on behalf of an existing entity, please attach the most recent fiscal year-end financial statements reflecting your entity’s beginning and ending balances for the year. This requirement can be met by submitting one or more of the following: Most recent financial statements as approved by your board Most recent audited statement or review by an outside expert Most recently filed IRS Form 990 OR If you are requesting funds on behalf of yourself as an in-home or unlicensed childcare provider, please skip #7 and respond to #8, below. 8. Please list all anticipated funding sources for this project or program. Be sure to highlight any opportunities to leverage Town funds with external funds. I swear and affirm that all of the information included in this application, its attachments, and its supplemental documents is true and correct to the best of my knowledge. I understand that any funds awarded will be subject to certain expectations, outlined in an agreement, and that at a minimum: funds awarded must be spent within twelve (12) months of the award date or they must be returned to the Town unless otherwise stated in the grant agreement; and the entity receiving Town funds to facilitate childcare service offerings must provide the services outlined in this application for a minimum of 24 months from the award date or the funds must be returned to the Town unless otherwise stated in the grant agreement. _____________________________________________________________ Name and Signature of Requestor of Funds _____________________________________________________________ Name and Signature of Witness Page 76 Current Staffing Wage # of Staff High Needs Counselors 16.42 3 Behavior Specialists 14.92 4 2023 Campers # of students Total Tuition Collected 2023 EPSD participants 18 11,605.36$ Expected 2024 Projected Tuition 2024 EPSD participants 18 13,580.32$ Need Off-Ground Professional 23 1 Preschool Inclusion Counselor 16.42 1 Total Additional Staffing Cost Current Projected Costs for 2024 Current YMCA Staffing Costs 56,648.80$ YMCA Scholarships Projection 30,000.00$ 86,648.80$ Less Expected Tuition 13,580.32$ Moomau Endowment 1,498.00$ Total Program Cost 71,570.48$ **Note that this budget only includes the cost of staffing the inclusion program fo YMCA of the Rockies Da Page 77 Total Wages 25,615.20$ 31,033.60$ 56,648.80$ YMCA Scholarships Net 20,885.00$ (9,279.64)$ Expected YMCA Scholarships Net 30,000.00$ (16,419.68)$ 11,960.00$ 8,538.40$ 20,498.40$ Program Costs w Additional Support 2024 Projected Cost 71,570.48$ Additional Need Cost 20,498.40$ Total Program Cost 92,068.88$ or the amount of EV kids served in the program. This does not include the supplies, materials, and equipm ay Camp Inclusion Program Budget Page 78 Financial Report Narrative December 31, 2023 Fiscal Year 2023 Financial Results 2023 results continued to strengthen through the end of the year, with December YTD results improving to forecast for the fourth month in a row. Revenue improvements came from occupancy-driving advertising and HotelKey system stabilization driving strong bookings activity in the Fall. The Association had record operating revenue in 2023, with record occupancy rates. We also continued to make progress in discretionary and controllable expenses, with major savings in salary-related costs and other savings in Q4 partially offsetting major overages in cost of goods sold and outside service costs. However, revenue still missed budget by $810,300 and expenses were over budget by $1,200,700, resulting in a $2,011,000 miss to budgeted Net Excess. • YTD Unrestricted Fund Revenue through December 2023 bounced back from the mid-year HotelKey-related impacts and came in at $51,311,000, down -$810,300 or -1.6% to budget but still a significant 6.6% gain over last year: o Total YTD Lodging revenue (Conference + Retreat/Reunion Cabins + Cabins/Lodges/Camping) is $38,059,100, a decrease of -1.6% to budget ($38,304,100) and an increase of +5.1% to last year ($36,227,400). o EPC came in with its second-highest occupancy level on record, just missing last year at 40.68% versus 41.31% in 2022, but which was still 3 full percentage points above the 10-year average (excl 2020) of 37.68%. o SMR set an all-time occupancy record in 2023 at 45.43%, which was also almost 5 percentage points above the 10-year average (excl 2020) of 39.92%. o Restaurants & Stores finished at $3,532,200 through December, representing an increase of +8.7% to budget and an increase of +34.6% to last year. Restaurants were $2,147,700 (+4.4% to budget) and Retail Stores were $1,384,500 (+16.0% to budget) for the year. EPC retail set a record for the year with over $1 million in sales for the first time ever at a +24.8% increase over last year, and SMR retail also set a record for retail revenue, with a +44.5% increase to 2022. o Program revenue is reported at $3,467,400, down $831,000 to budget (this was primarily a result of revenue reclassification to Conferences, not a decline in program participation. o As expected, Membership revenue and Contributions revenue was $2,595,600, almost $100,000 above budget and $145,000 above last year. Memberships were particularly strong, coming in at +6.5% to budget. • YTD Unrestricted Fund Expenses through December 2023 were $47,522,000, over budget by $1,200,700 or +2.6%. Excluding COGS, insurance, utilities and outside service costs, all other expenses were down $2,471,700 to budget: o The largest improvement to budget among all expense lines was in salary- related costs, which came in at $25,541,400, a savings of -$1,290,700 to budget, which largely came in the last half of 2023. Page 79 o Cost of Goods Sold was up significantly in 2023 at $8,196,000, an increase of +38.6% or +$2,284,300 to budget, primarily due to inflationary effects on food costs and use of outside services for CCO. o Insurance and Utilities costs were up $141,500 to budget, reflecting new premiums from the 11/1/23 renewal. o Other expenses were over budget for the year by $1,225,000, primarily due to additional laundry costs, incremental outside housekeeping services, and extra outside food service contractor costs. •Net Excess before Debt Principal payments through December 2023 was $3,789,000, compared to the budget of $5,800,100, a variance of -$2,011,100, a significant improvement to November YTD results. December represents the fourth month in a row in which Net Excess was on or above budget. •Net Excess after Debt Principal payments for FY 2023 came in at $2,404,034, a rate of 4.69% versus budget of 8.47% and last year of 7.77%. This is a -$2,011,079 miss to the budget of $4,415,113, but an improvement of almost +$300,000 from the November forecast of $2,107,000. •Board Restricted Endowment Fund balance is $39,448,000 in the financial statements through December 31st, with $31,628,000 held at TPF and $7,820,000 in ERF funds at Wells Fargo Bank, which will be transferred to TPF in early 2024. December represented an extremely strong finish to the year, with TPF endowment fund holdings increasing over +20.0% for the year versus year-end 2022. •Total Liquidity as of December 31st was $43,814,000. Total Investments as of December 31st are $58,797,200, compared to $53,125,000 last month and $58,076,100 last year. •Net Assets of $151,011,400 are up $9,332,000 from the same point last year. •Current Board Endowment Fund Borrowings are $5,185,600. Page 80 Fiscal Year 2024 Operating and Capital Budget The 2024 Operating and Capital Budget is based on four key priorities: 1) Revenue Growth thru Occupancy Improvements and Targeted Rate Increases 2) Nominal Expense Growth and Contingency Planning 3) Specifically Directed Staffing Changes 4) Additional Investments in Snow Mountain Ranch We are committed to delivering budgeted results in 2024 and enter the year with the following financial plan: • Total Revenue is budgeted at $55,086,000, up to 2023 by $3,775,000 (+7%), driven by the following categories: o Conference and Retreat/Reunion revenue is budgeted at $22,538,000, +$2,605,000 or +13%. o Family revenue is planned at $18,664,000, an increase of +3% or +$538,000 to 2023. o CCO revenue is $3,368,000, up +$597,000 from 2023. o Restaurant and Stores revenue is conservatively budgeted at $3,353,000, flat to 2023 reflecting the recovery of restaurant results in 2024. o Program revenue at $3,715,900 is budgeted well above last year, up $249,000 or +7%. o Membership and Contributions revenue is planned at $2,820,000, up $224,000 to 2023 or +9% on membership fee increases and expected results from new fundraising programs. • Total Expenses are budgeted at $50,346,000, an increase of +$2,824,000 (+6%) to 2023 based on the three primary drivers outlined previously: o Cost of Goods Sold expenses are budgeted at $8,215,000, a nominal increase to 2024 as inflationary effects are expected to moderate. o Employee-related expenses (Salary, Benefits, Taxes and Other Employee Expenses) are planned at $28,120,000, up $2,579,000 or +10% from 2023. o Insurance costs will be $2,855,000, an increase of $860,000 or +43%. o Utilities costs are expected to continue increasing, with the budget planned at $3,164,000, representing a +16% increase to 2023. • Net Excess before Debt Principal is budgeted at $4,740,000 for 2024 at a rate of 8.60%, an improvement of 1.22% to the 2023 actual rate of 7.38%. After debt principal costs of $1,440,000, Net Excess is budgeted for 2024 at $3,300,000, a rate of 6.00% versus the 2023 actual rate of 4.69%. • Days Cash on Hand Ratio (DCOH) is projected at 376 days at year-end 2024 (Series 2022 Bond covenant is a minimum of 90 days). • The Debt Service Coverage Ratio (DSCR) is projected at 2.126 at year-end 2024 (covenant requires 1.30). • Unrestricted Cash and Total Liquidity are projected to end 2024 at $2,924,000 and $44,324,000, respectively, based on the proposed budget and resulting Net Excess. • Board Endowment Borrowing Capacity is projected at $430,000 at year-end 2024, reflecting current borrowings and expected borrowings for SMR WFH. Page 81 • The Operational Capital Budget is currently set at $2,107,000, which was based on expected Net Excess after Debt Principal at the time of Executive Committee budget approval on December 1, 2023. Final Net Excess after Debt Principal for 2023 was $2,404,034 in the preliminary (unaudited) closing. We anticipate following the standard year-end process and adjusting the capital budget to this level after audited financials are completed. In addition, we are preparing an additional capital request list of up to $2,011,079 (at the request of Executive Committee, to potentially be drawn from endowment funds). These additional funds would return 2024 capital to the original budgeted level of $4,415,113 (original 2023 budgeted Net Excess after Debt Principal). Page 82 YMCA OF THE ROCKIES FINANCIAL STATEMENTS December 31, 2023 Page 83 2022 Total Total Total Total Assets: Cash 2,508,971$ -$ 2,508,971$ 1,584,193$ Investments 41,483,530 17,313,673 58,797,203 58,076,140 Accounts Receivable, net 2,111,888 - 2,111,888 2,289,393 Inventories 817,391 - 817,391 844,544 Prepaid Expenses 414,769 - 414,769 1,796,711 Contributions Receivable, net 754 5,762,816 5,763,570 6,586,376 Lease Assets 145,155 - 145,155 17,916 Property and Equipment, net 123,638,470 - 123,638,470 117,022,954 Total Assets 171,120,929$ 23,076,489$ 194,197,418$ 188,218,226$ Liabilities: Accounts Payable 4,098,806$ 2,151$ 4,100,957$ 4,857,269 Accrued Expenses 1,958,038 - 1,958,038 2,326,264 Def. Membership Income 2,063,703 - 2,063,703 1,813,906 Def. Rental Income 1,296,609 - 1,296,609 1,119,768 Advance Deposits 4,503,039 - 4,503,039 3,924,436 Operating Lease Liabilities 145,155 - 145,155 17,916 Interest Rate Swap Agreement 1,995,482 - 1,995,482 2,180,311 Long-Term Debt 29,526,181 - 29,526,181 30,298,948 Total Liabilities 45,587,013$ 2,151$ 45,589,164$ 46,538,819$ Net Assets: Without Donor Restrictions: Board Designated Endowment 44,811,930$ -$ 44,811,930$ 43,388,565$ Undesignated 80,721,986 - 80,721,986 75,772,512 With Donor Restrictions: Perpetual in Nature - 11,604,132 11,604,132 11,456,833 Purpose Restrictions - 11,470,205 11,470,205 11,061,497 Total Net Assets 125,533,916$ 23,074,338$ 148,608,254$ 141,679,408$ December 31, 2023 Financial Statements - 1 Without Donor Restrictions With Donor Restrictions 2023 YMCA OF THE ROCKIES Statements of Financial Position December 31, 2023 and 2022 Page 84 2022 Total Total Revenue, Gains, and Other Support Public Support: Membership Dues 1,064,951$ -$ 1,064,951$ 1,018,193$ Membership Fees 59,026 - 59,026 58,206 PPP Loan Forgiveness - - - - Contributions 1,570,659 4,943,575 6,514,234 11,732,665 2,694,636 4,943,575 7,638,211 12,809,063 Program Service Revenue: Estes Park Center 32,355,674 - 32,355,674 31,130,384 Snow Mountain Ranch 15,941,390 - 15,941,390 14,286,689 48,297,064 - 48,297,064 45,417,073 Investment Income 6,213,852 2,618,384 8,832,235 (5,781,069) Gain/Loss on Casualty 545,527 - 545,527 8,688 Gain/Loss on Extraordinay Items 38,500 - 38,500 17,214,593 Other Income (2,023,132) - (2,023,132) (52,885) 4,774,746 2,618,384 7,393,130 11,389,327 Net Assets Released from Restrictions Total Releases from Restrictions 6,955,957 (6,955,957) - - Transfers within unrestricted funds Total transfers - - - - Total revenue, gains and other support 62,722,404$ 606,002$ 63,328,405$ 69,615,463$ Expenses Program Services Estes Park Center 26,100,753$ -$ 26,100,753$ 24,241,136$ Snow Mountain Ranch 16,508,588 (0)$ 16,508,588 14,050,450 Depreciation 6,121,055 - 6,121,055 5,852,926 Total Program Services 48,730,397 (0) 48,730,397 44,144,511 Supporting Services 5,590,605 - 5,590,605 5,494,830 Bond Related Fees & Amortization 24,949 - 24,949 258,489 Interest 1,390,676 - 1,390,676 1,396,894 Workforce Housing (207,916) - (207,916) (16,423) Fund Raising 1,005,683 49,994 1,055,677 819,638 Total Expenses 56,534,393$ 49,994$ 56,584,388$ 52,097,939$ Change in Net Assets from Operations 6,188,010 556,007 6,744,017 17,517,524 Change in Interest Rate Swap Agrmt 184,828 - 184,828 5,065,389 Change in Net Assets 6,372,839 556,007 6,928,846 22,582,914 Net Assets, Beginning of Year 119,161,078$ 22,518,330 141,679,408 119,096,495 Net Assets, End of Year 125,533,916$ 23,074,338$ 148,608,254$ 141,679,409$ December 31, 2023 Financial Statements - 2 YMCA OF THE ROCKIES Statements of Activities Year-to-Date December 31, 2023 and 2022 2023 Without Donor Restrictions With Donor Restrictions Page 85 Original Budget Prior Year Prior Year Actual Budget Variance %Actual Variance % Revenue Estes Park Center 32,365,674$ 33,584,846$ (1,219,172)$ -3.6% 31,130,384$ 1,235,291$ 4.0% Snow Mountain Ranch 15,946,390 15,574,166 372,224 2.4% 14,286,689 1,659,701 11.6% Executive Offices 2,998,978 2,962,363 36,615 1.2% 2,721,933 277,045 10.2% Total Revenue 51,311,043$ 52,121,375$ (810,332)$ -1.6% 48,139,006$ 3,172,037$ 6.6% Expenses Estes Park Center 24,703,143$ 24,174,064$ 529,079$ 2.2% 22,573,911$ 2,129,232$ 9.4% Snow Mountain Ranch 15,828,036 14,596,488 1,231,548 8.4% 13,338,583 2,489,453 18.7% Executive Offices 5,590,605 6,134,407 (543,802) -8.9% 5,494,470 96,134 1.7% Interest Expense & Bond Fees 1,400,225 1,416,303 (16,078) -1.1% 1,641,983 (241,758) -14.7% Total Expenses 47,522,009$ 46,321,262$ 1,200,747$ 2.6% 43,048,947$ 4,473,062$ 10.4% Net Excess - Revenue (Expenses) Estes Park Center 7,662,532$ 9,410,782$ (1,748,251)$ -18.6% 8,556,473$ (893,941)$ -10.4% Snow Mountain Ranch 118,354 977,678 (859,324) -87.9% 948,106 (829,753) -87.5% Executive Offices (2,591,626) (3,172,044) 580,418 -18.3% (2,772,538) 180,911 -6.5% Interest Expense & Bond Fees (1,400,225) (1,416,303) 16,078 -1.1% (1,641,983) 241,758 -14.7% Net Excess - Revenue (Expenses)3,789,034$ 5,800,113$ (2,011,079)$ -35%5,090,059$ (1,301,025)$ -26% YMCA of the Rockies Current Unrestricted Fund By Center Year-to-Date December 31, 2023 December 31, 2023 Financial Statements - 3 Page 86 Original Budget Prior Year Prior Year Actual Budget Variance %Actual Variance % Revenue Conferences 15,729,066$ 16,211,698$ (482,632)$ -3.0% 15,087,708$ 641,357$ 4.3% Retreat/Reunion Cabins 4,204,259 4,355,983 (151,724) -3.5% 4,244,112 (39,853) -0.9% Cabins, lodges and camping 18,125,741 17,736,376 389,365 2.2% 16,895,546 1,230,196 7.3% Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10.1% 2,496,447 274,283 11.0% Restaurants and stores 3,532,193 3,250,919 281,274 8.7% 2,624,484 907,709 34.6% Programs 3,467,389 4,297,932 (830,543) -19.3% 3,774,007 (306,619) -8.1% Membership 1,064,951 999,999 64,952 6.5% 1,018,193 46,758 4.6% Contributions 1,530,697 1,500,000 30,697 2.0% 1,432,066 98,631 6.9% Investment income 313,725 417,625 (103,900) -24.9% 222,045 91,680 41.3% Other 572,293 268,297 303,996 113.3% 344,398 227,895 66.2% Total Revenue 51,311,043$ 52,121,375$ (810,332)$ -1.6% 48,139,006$ 3,172,037$ 6.6% Expenses Cost of goods sold 8,195,707$ 5,911,418$ 2,284,289$ 38.6% 5,925,330$ 2,270,377$ 38.3% Salary expense 20,517,536 20,751,830 (234,294) -1.1% 17,017,072 3,500,464 20.6% Employee taxes and benefits 4,233,662 5,015,102 (781,440) -15.6% 3,814,827 418,834 11.0% Other employee expenses 790,178 1,065,244 (275,066) -25.8% 905,625 (115,447) -12.7% Supplies 1,704,916 1,810,705 (105,789) -5.8% 1,716,933 (12,017) -0.7% Equipment 1,841,083 1,888,583 (47,500) -2.5% 1,661,986 179,097 10.8% Repair and replacement 1,764,608 2,458,049 (693,441) -28.2% 2,046,954 (282,346) -13.8% Utilities 2,737,429 2,655,744 81,685 3.1% 2,967,088 (229,658) -7.7% Telephone/Internet 403,902 461,021 (57,119) -12.4% 399,451 4,451 1.1% Insurance 1,994,889 1,935,035 59,854 3.1% 1,726,977 267,912 15.5% Property taxes 41,498 47,852 (6,354) -13.3%57,872 (16,373) -28.3% Credit card fees 1,027,816 996,820 30,996 3.1% 965,832 61,984 6.4% Bond Related Fees 11,549 - 11,549 #DIV/0!245,089 (233,540) -95.3% Interest expense 1,388,676 1,416,303 (27,627) -2.0% 1,396,894 (8,218) -0.6% Professional services 472,726 672,508 (199,782) -29.7% 544,363 (71,636) -13.2% Marketing 546,461 818,653 (272,192) -33.2% 571,541 (25,080) -4.4% Endowment fund transfer (1,170,505) (1,170,505) - 0.0% (1,341,850) 171,345 -12.8% Development expense transfer (1,025,424) (1,233,650) 208,226 -16.9% (819,638) (205,786) 25.1% Other 2,045,302 820,550 1,224,752 149.3% 3,246,604 (1,201,301) -37.0% Total Expenses 47,522,009$ 46,321,262$ 1,200,747$ 2.6% 43,048,947$ 4,473,062$ 10.4% Net Excess - Revenue (Expenses)3,789,034$ 5,800,113$ (2,011,079)$ -35%5,090,059$ (1,301,025)$ -25.6% YMCA of the Rockies Current Unrestricted Fund By Categories Year-to-Date December 31, 2023 December 31, 2023 Financial Statements - 4 Page 87 Original Budget Prior Year Prior Year Actual Budget Variance %Actual Variance % Revenue Conferences 11,251,021$ 12,484,151$ (1,233,130)$ -9.9%11,621,562$ (370,541)$ -3.2% Retreat/Reunion Cabins 2,611,306 2,750,957 (139,651) -5.1%2,710,518 (99,212) -3.7% Cabins, lodges and camping 13,640,981 13,172,825 468,156 3.6%12,400,545 1,240,436 10.0% Restaurants and stores 2,532,900 2,457,613 75,287 3.1%2,021,840 511,060 25.3% Programs 1,993,691 2,608,522 (614,831) -23.6%2,193,164 (199,473) -9.1% Other 325,776 110,778 214,998 194.1%182,754 143,021 78.3% Total Revenue 32,365,674$ 33,584,846$ (1,219,172)$ -3.6%31,130,384$ 1,235,291$ 4.0% Expenses Cost of goods sold 4,865,899$ 3,906,161$ 959,738$ 24.6%4,143,464$ 722,435$ 17.4% Salary expense 9,789,522 9,931,932 (142,410) -1.4%7,964,494 1,825,028 22.9% Employee taxes and benefits 2,098,457 2,314,194 (215,737) -9.3%1,832,366 266,091 14.5% Other employee expenses 358,856 489,582 (130,726) -26.7%398,613 (39,757) -10.0% Supplies 1,027,507 1,216,591 (189,084) -15.5%1,191,527 (164,020) -13.8% Equipment 882,746 1,047,953 (165,207) -15.8%720,044 162,702 22.6% Repair and replacement 1,252,547 1,685,163 (432,616) -25.7%1,475,681 (223,134) -15.1% Utilities 1,987,763 1,990,277 (2,514) -0.1%2,264,566 (276,803) -12.2% Telephone/Internet 244,151 252,502 (8,351) -3.3%230,540 13,610 5.9% Insurance 1,356,361 1,312,423 43,938 3.3%1,171,063 185,298 15.8% Property taxes 23,889 31,319 (7,430) -23.7%38,395 (14,506) -37.8% Credit card fees 681,088 639,996 41,092 6.4%603,950 77,138 12.8% Professional services 97,202 110,240 (13,038) -11.8%129,017 (31,815) -24.7% Endowment fund transfer (789,336) (789,336) 0 0.0%(959,391) 170,055 -17.7% Other 826,493 35,067 791,426 2256.9%1,369,582 (543,089) -39.7% Total Expenses 24,703,143$ 24,174,064$ 529,079$ 2.2%22,573,911$ 2,129,232$ 9.4% Net Excess - Revenue (Expenses)7,662,532$ 9,410,782$ (1,748,251)$ -18.6%8,556,473$ (893,941)$ -10.4% YMCA of the Rockies Estes Park Center By Categories Year-to-Date December 31, 2023 December 31, 2023 Financial Statements - 5 Page 88 Original Budget Prior Year Prior Year Actual Budget Variance %Actual Variance % Revenue Conferences 4,478,045 3,727,547 750,498 20.1% 3,466,147 1,011,898 29.2% Retreat/Reunion Cabins 1,592,953 1,605,026 (12,073) -0.8% 1,533,594 59,359 3.9% Cabins, lodges and camping 4,484,761 4,563,551 (78,790) -1.7% 4,495,001 (10,240) -0.2% Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10.1% 2,496,447 274,283 11.0% Restaurants and stores 999,293 793,306 205,987 26.0% 602,644 396,649 65.8% Programs 1,473,697 1,689,410 (215,713) -12.8% 1,580,843 (107,146) -6.8% Other 141,911 112,780 29,131 25.8% 112,014 29,897 26.7% Total Revenue 15,946,390$ 15,574,166$ 372,224$ 2.4% 14,286,689$ 1,659,701$ 11.6% Expenses Cost of goods sold 3,329,808$ 2,005,257$ 1,324,551$ 66.1% 1,781,866$ 1,547,943$ 86.9% Salary expense 7,051,359 7,028,151 23,208 0.3% 5,637,701 1,413,658 25.1% Employee taxes and benefits 1,228,049 1,554,938 (326,889) -21.0% 1,121,005 107,044 9.5% Other employee expenses 306,369 407,311 (100,942) -24.8% 366,007 (59,639) -16.3% Supplies 639,158 514,382 124,776 24.3% 511,370 127,788 25.0% Equipment 733,001 630,889 102,112 16.2% 604,752 128,249 21.2% Repair and replacement 512,061 772,886 (260,825) -33.7% 571,273 (59,212) -10.4% Utilities 749,666 665,467 84,199 12.7% 702,521 47,145 6.7% Telephone/Internet 95,732 130,966 (35,234) -26.9% 106,804 (11,073) -10.4% Insurance 638,528 622,612 15,916 2.6% 555,914 82,613 14.9% Property taxes 17,609 16,533 1,076 6.5%19,477 (1,867) -9.6% Credit card fees 311,968 329,200 (17,232) -5.2% 332,018 (20,050) -6.0% Professional services 56,970 80,199 (23,229) -29.0%65,386 (8,416) -12.9% Endowment fund transfer (381,169) (381,169) (0) 0.0% (382,459) 1,290 -0.3% Other 538,928 218,866 320,062 146.2% 1,344,947 (806,019) -59.9% Total Expenses 15,828,036$ 14,596,488$ 1,231,548$ 8.4% 13,338,583$ 2,489,453$ 18.7% Net Excess - Revenue (Expenses)118,354$ 977,678$ (859,324)$ -87.9%948,106$ (829,753)$ -87.5% YMCA of the Rockies Snow Mountain Ranch By Categories Year-to-Date December 31, 2023 December 31, 2023 Financial Statements - 6 Page 89 Original Budget Prior Year Prior Year Actual Budget Variance %Actual Variance % Revenue Membership 1,064,951$ 999,999$ 64,952$ 6.5% 1,018,193$ 46,758$ 4.6% Contributions 1,515,697 1,500,000 15,697 1.0% 1,432,066 83,631 5.8% Investment income 313,725 417,625 (103,900) -24.9% 222,045 91,680 41.3% Other 104,606 44,739 59,867 133.8%49,630 54,976 110.8% Total Revenue 2,998,978$ 2,962,363$ 36,615$ 1.2% 2,721,933$ 277,045$ 10.2% Expenses Salary expense 3,676,655 3,791,747 (115,092) -3.0% 3,414,877 261,778 7.7% Employee taxes and benefits 907,156 1,145,970 (238,814) -20.8% 861,456 45,700 5.3% Other employee expenses 124,954 168,351 (43,397) -25.8% 141,005 (16,051) -11.4% Supplies 38,251 79,732 (41,481) -52.0%14,035 24,215 172.5% Equipment 225,336 209,741 15,595 7.4% 337,190 (111,854) -33.2% Telephone/Internet 64,020 77,553 (13,533) -17.5%62,107 1,913 3.1% Credit card fees 34,760 27,624 7,136 25.8%29,864 4,897 16.4% Professional services 318,554 482,069 (163,515) -33.9% 349,960 (31,405) -9.0% Marketing 546,461 818,653 (272,192) -33.2% 571,541 (25,080) -4.4% Development expense transfer (1,025,424) (1,233,650) 208,226 -16.9% (819,638) (205,786) 25.1% Other 679,882 566,617 113,265 20.0% 532,075 147,807 27.8% Total Expenses 5,590,605$ 6,134,407$ (543,802)$ -8.9% 5,494,470$ 96,134$ 1.7% Net Excess - Revenue (Expenses)(2,591,626)$ (3,172,044)$ 580,418$ -18.3%(2,772,538)$ 180,911$ -6.5% YMCA of the Rockies Executive Office By Categories Year-to-Date December 31, 2023 December 31, 2023 Financial Statements - 7 Page 90 Actual Prior Year Forecast Budget Budget Actual Prior Year Total Total Variance %Total Variance % Revenue EPC Revenue 32,365,674 33,584,846 (1,219,172) -4% 31,130,384 1,235,291 4% SMR Revenue 15,946,390 15,574,166 372,224 2% 14,286,689 1,659,701 12% EXO Revenue 2,998,978 2,962,363 36,615 1% 2,721,933 277,045 10% Total Revenue 51,311,043 52,121,375 (810,332) -2% 48,139,006 3,172,037 7% Expenses EPC Expenses 24,703,143 24,174,064 529,079 2% 22,573,911 2,129,232 9% SMR Expenses 15,828,036 14,596,488 1,231,548 8% 13,338,583 2,489,453 19% EXO Expenses 5,590,605 6,134,407 (543,802) -9% 5,494,470 96,134 2% Interest Expense & Bond Fees 1,400,225 1,416,303 (16,078) -1% 1,641,983 (241,758) -15% Total Expenses 47,522,009 46,321,262 1,200,747 3% 43,048,947 4,473,062 10% Net Excess EPC Net Excess 7,662,532 9,410,782 (1,748,251) -19% 8,556,473 (893,941) -10% SMR Net Excess 118,354 977,678 (859,324) -88% 948,106 (829,753) -88% EXO Net Exesss (2,591,626) (3,172,044) 580,418 -18% (2,772,538) 180,911 -7% Interest Expense & Bond Fees Net Excess (1,400,225) (1,416,303) 16,078 -1% (1,641,983) 241,758 -15% Total Net Excess 3,789,034 5,800,113 (2,011,079) -35% 5,090,059 (1,301,025) -26% YMCA of the Rockies Forecasted Current Unrestricted Fund by Center Year Ending December 31, 2023 (as of December 31, 2023) December 31, 2023 Financial Statements - 8 Page 91 Actual Adjusted Prior Year Forecast Budget Budget Actual Prior Year Total Total Variance %Total Variance % Revenue Conferences 15,729,066 16,211,698 (482,632) -3%15,087,708 641,357 4% Retreat and Reunion Cabins 4,204,259 4,355,983 (151,724) -3%4,244,112 (39,853) -1% Cabins, Lodges, and Camping 18,125,741 17,736,376 389,365 2%16,895,546 1,230,196 7% Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10%2,496,447 274,283 11% Restaurant and Stores 3,532,193 3,250,919 281,274 9%2,624,484 907,709 35% Programs 3,467,389 4,297,932 (830,543) -19%3,774,007 (306,619) -8% Membership 1,064,951 999,999 64,952 6%1,018,193 46,758 5% Contributions 1,530,697 1,500,000 30,697 2%1,432,066 98,631 7% Investment Income 313,725 417,625 (103,900) -25%222,045 91,680 41% Other Income 572,293 268,297 303,996 113%344,398 227,895 66% Total Revenue 51,311,043 52,121,375 (810,332) -2%48,139,006 3,172,037 7% Expenses COGS 8,195,707 5,911,418 2,284,289 39%5,925,330 2,270,377 38% Salary 20,517,536 20,751,830 (234,294) -1%17,017,072 3,500,464 21% Benefits/Taxes 4,233,662 5,015,102 (781,440) -16%3,814,827 418,834 11% Other Employee 790,178 1,065,244 (275,066) -26%905,625 (115,447) -13% Supplies 1,704,916 1,810,705 (105,789) -6%1,716,933 (12,017) -1% Equipment 1,841,083 1,888,583 (47,500) -3%1,661,986 179,097 11% Repair/Replacement 1,764,608 2,458,049 (693,441) -28%2,046,954 (282,346) -14% Utilities 2,737,429 2,655,744 81,685 3%2,967,088 (229,658) -8% Telephone/Internet 403,902 461,021 (57,119) -12%399,451 4,451 1% Insurance 1,994,889 1,935,035 59,854 3%1,726,977 267,912 16% Property Taxes 41,498 47,852 (6,354) -13%57,872 (16,373) -28% Credit Card Fees 1,027,816 996,820 30,996 3%965,832 61,984 6% Interest Expense 1,388,676 1,416,303 (27,627) -2%1,396,894 (8,218) -1% Bond Related Fees 11,549 - 11,549 #DIV/0!245,089 (233,540) -95% Prof Services 472,726 672,508 (199,782) -30%544,363 (71,636) -13% Marketing 546,461 818,653 (272,192) -33%571,541 (25,080) -4% End Fund Transfer (1,170,505) (1,170,505) - 0%(1,341,850) 171,345 -13% Develop Exp Transfer (1,025,424) (1,233,650) 208,226 -17%(819,638) (205,786) 25% Other Expenses 2,045,302 820,550 1,224,752 149%3,246,604 (1,201,301) -37% Total Expenses 47,522,009 46,321,262 1,200,747 3%43,048,947 4,473,062 10% Net Excess 3,789,034 5,800,113 (2,011,079) -35%5,090,059 (1,301,025) -26% Forecasted Current Unrestricted Fund by Categories YMCA of the Rockies December 31, 2023 Financial Statements - 9 Year Ending December 31, 2023 (as of December 31, 2023) Page 92 Actual Adjusted Prior Year Forecast Budget Budget Actual Prior Year Total Total Variance %Total Variance % Revenue Conferences 11,251,021 12,484,151 (1,233,130) -10% 11,621,562 (370,541) -3% Retreat and Reunion Cabins 2,611,306 2,750,957 (139,651) -5% 2,710,518 (99,212) -4% Cabins, Lodges, and Camping 13,640,981 13,172,825 468,156 4% 12,400,545 1,240,436 10% Restaurant and Stores 2,532,900 2,457,613 75,287 3% 2,021,840 511,060 25% Programs 1,993,691 2,608,522 (614,831) -24% 2,193,164 (199,473) -9% Other Income 325,776 110,778 214,998 194% 182,754 143,021 78% Total Revenue 32,365,674 33,584,846 (1,219,172) -4% 31,130,384 1,235,291 4% Expenses COGS 4,865,899 3,906,161 959,738 25% 4,143,464 722,435 17% Salary 9,789,522 9,931,932 (142,410) -1% 7,964,494 1,825,028 23% Benefits/Taxes 2,098,457 2,314,194 (215,737) -9% 1,832,366 266,091 15% Other Employee 358,856 489,582 (130,726) -27% 398,613 (39,757) -10% Supplies 1,027,507 1,216,591 (189,084) -16% 1,191,527 (164,020) -14% Equipment 882,746 1,047,953 (165,207) -16% 720,044 162,702 23% Repair/Replacement 1,252,547 1,685,163 (432,616) -26% 1,475,681 (223,134) -15% Utilities 1,987,763 1,990,277 (2,514) 0% 2,264,566 (276,803) -12% Telephone/Internet 244,151 252,502 (8,351) -3% 230,540 13,610 6% Insurance 1,356,361 1,312,423 43,938 3% 1,171,063 185,298 16% Property Taxes 23,889 31,319 (7,430) -24% 38,395 (14,506) -38% Credit Card Fees 681,088 639,996 41,092 6% 603,950 77,138 13% Prof Services 97,202 110,240 (13,038) -12% 129,017 (31,815) -25% End Fund Transfer (789,336) (789,336) 0 0% (959,391) 170,055 -18% Other Expenses 826,493 35,067 791,426 2257% 1,369,582 (543,089) -40% Total Expenses 24,703,143 24,174,064 529,079 2% 22,573,911 2,129,232 9% Net Excess 7,662,532 9,410,782 (1,748,251) -19% 8,556,473 (893,941) -10% Forecasted Estes Park Center by Categories Year Ending December 31, 2023 (as of December 31, 2023) December 31, 2023 Financial Statements - 10 YMCA of the Rockies Page 93 Actual Adjusted Prior Year Forecast Budget Budget Actual Prior Year Revenue Total Total Variance %Total Variance % Conferences 4,478,045 3,727,547 750,498 20% 3,466,147 1,011,898 29% Retreat and Reunion Cabins 1,592,953 1,605,026 (12,073) -1% 1,533,594 59,359 4% Cabins, Lodges, and Camping 4,484,761 4,563,551 (78,790) -2% 4,495,001 (10,240) 0% Camp Chief Ouray 2,770,730 3,082,546 (311,816) -10% 2,496,447 274,283 11% Restaurant and Stores 999,293 793,306 205,987 26% 602,644 396,649 66% Programs 1,473,697 1,689,410 (215,713) -13% 1,580,843 (107,146) -7% Other Income 141,911 112,780 29,131 26% 112,014 29,897 27% Total Revenue 15,946,390 15,574,166 372,224 2% 14,286,689 1,659,701 12% Expenses COGS 3,329,808 2,005,257 1,324,551 66% 1,781,866 1,547,943 87% Salary 7,051,359 7,028,151 23,208 0% 5,637,701 1,413,658 25% Benefits/Taxes 1,228,049 1,554,938 (326,889) -21% 1,121,005 107,044 10% Other Employee 306,369 407,311 (100,942) -25% 366,007 (59,639) -16% Supplies 639,158 514,382 124,776 24% 511,370 127,788 25% Equipment 733,001 630,889 102,112 16% 604,752 128,249 21% Repair/Replacement 512,061 772,886 (260,825) -34% 571,273 (59,212) -10% Utilities 749,666 665,467 84,199 13% 702,521 47,145 7% Telephone/Internet 95,732 130,966 (35,234) -27% 106,804 (11,073) -10% Insurance 638,528 622,612 15,916 3% 555,914 82,613 15% Property Taxes 17,609 16,533 1,076 7% 19,477 (1,867) -10% Credit Card Fees 311,968 329,200 (17,232) -5% 332,018 (20,050) -6% Prof Services 56,970 80,199 (23,229) -29% 65,386 (8,416) -13% End Fund Transfer (381,169) (381,169) (0) 0% (382,459) 1,290 0% Other Expenses 538,928 218,866 320,062 146% 1,344,947 (806,019) -60% Total Expenses 15,828,036 14,596,488 1,231,548 8% 13,338,583 2,489,453 19% Net Excess 118,354 977,678 (859,324) -88% 948,106 (829,753) -88% YMCA of the Rockies Forecasted Snow Mountain Ranch by Categories Year Ending December 31, 2023 (as of December 31, 2023) December 31, 2023 Financial Statements - 11 Page 94 Actual Adjusted Prior Year Forecast Budget Budget Actual Prior Year Revenue Total Total Variance %Total Variance % Membership 1,064,951 999,999 64,952 6% 1,018,193 46,758 5% Contributions 1,515,697 1,500,000 15,697 1% 1,432,066 83,631 6% Investment Income 313,725 417,625 (103,900) -25% 222,045 91,680 41% Other Income 104,606 44,739 59,867 134% 49,630 54,976 111% Total Revenue 2,998,978 2,962,363 36,615 1% 2,721,933 277,045 10% Expenses Salary 3,676,655 3,791,747 (115,092) -3% 3,414,877 261,778 8% Benefits/Taxes 907,156 1,145,970 (238,814) -21% 861,456 45,700 5% Other Employee 124,954 168,351 (43,397) -26% 141,005 (16,051) -11% Supplies 38,251 79,732 (41,481) -52% 14,035 24,215 173% Equipment 225,336 209,741 15,595 7% 337,190 (111,854) -33% Telephone/Internet 64,020 77,553 (13,533) -17% 62,107 1,913 3% Credit Card Fees 34,760 27,624 7,136 26% 29,864 4,897 16% Prof Services 318,554 482,069 (163,515) -34% 349,960 (31,405) -9% Marketing 546,461 818,653 (272,192) -33% 571,541 (25,080) -4% Develop Exp Transfer (1,025,424) (1,233,650) 208,226 -17% (819,638) (205,786) 25% Other Expenses 679,882 566,617 113,265 20% 532,074 147,807 28% Total Expenses 5,590,605 6,134,407 (543,802) -9% 5,494,470 96,134 2% Net Excess (2,591,626) (3,172,044) 580,418 -18% (2,772,538) 180,911 -7% December 31, 2023 Financial Statements - 12 YMCA of the Rockies Forecasted Executive Offices by Categories Year Ending December 31, 2023 (as of December 31, 2023) Page 95 Actual 2023 Forecast 2023 Budget Over (Under) Name Year to Date Total Total Variance 2023 Capital Budget Association Offices 2023 Capital Budget New Accounting System - Sage Intact Implementation 16,531 16,531 10,000 6,531 PMS (Hotelkey) System Implementation 9,900 9,900 10,150 (250) EXO Building Remodel Completion 13,924 13,924 30,757 (16,833) Staff Housing Cameras 9,887 9,887 10,000 (113) Telephone Equipment Upgrade 0 0 30,000 (30,000) COO Vehicle 37,669 37,669 35,000 2,669 POS & Front Desk Equipment for HotelKey 76,787 76,787 40,000 36,787 PMS Implementation Fees 16,830 16,830 59,400 (42,570) Website Redevelopments.60,568 60,568 75,000 (14,433) IT Connectivity & Infrastructure - Access Points 5,955 5,955 7,000 (1,045) IT Connectivity & Infrastructure - Lodge WiFi 204,266 204,266 144,000 60,266 IT Connectivity & Infrastructure - Fiber & Cabling 114,885 114,885 175,000 (60,115) IT Connectivity & Infrastructure - Switches 249,843 249,843 274,000 (24,157) Security Assessment 18,000 18,000 25,000 (7,000) Association Office Total 835,044 835,044 995,307 (160,263) Estes Park Center 2023 Capital Budget Staff Kitchens in Lodges 6,236 6,236 5,638 598 Pineroom Kitchen Equipment & Hood 58,425 58,425 121,857 (63,432) Ku m Ba Yah Cabin 6,110 6,110 6,110 - Mountainside Drive Paving 245,000 245,000 300,000 (55,000) EPC Operational Investment in Cabins 256,407 256,407 75,000 181,407 Wind River Boiler (Env. Sustainability)309,833 309,833 305,000 4,833 Food Service Boiler 78,771 78,771 - 78,771 Longhouse Roof (Insurance Claim)57,728 57,728 - 57,728 Fire Panel 48,175 48,175 50,000 (1,825) Year Ending December 31, 2023 YMCA OF THE ROCKIES PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND Page 96 Actual 2023 Forecast 2023 Budget Over (Under) Name Year to Date Total Total Variance Year Ending December 31, 2023 YMCA OF THE ROCKIES PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND Housekeeping Vehicles 59,750 59,750 120,000 (60,250) Implement Shed Roof 30,931 30,931 21,134 9,797 Kitchen Walk-in Cooler 84,606 84,606 66,579 18,027 Electrical Power Logger 5,070 5,070 6,500 (1,430) HR Bed Frames/Mattresses 48,875 48,875 49,125 (250) Central Lodge Ice Machines 40,974 40,974 34,000 6,974 Willome Boiler Replacement 12,382 12,382 - 12,382 Longhouse Floor (before Insurance claim)15,208 15,208 - 15,208 Wind River Meeting Rooms Improvements 97,763 97,763 - 97,763 Pool Pump replacement 8,407 8,407 - 8,407 Estes Park Center Total 1,470,651 1,470,651 1,595,193 (124,542) Snow Mountain Ranch 2023 Capital Budget SMR On-site Workforce Housing 0 0 25,000 (25,000) Gaylord Dam Renovation Year 2 175,332 175,332 110,287 65,045 Just - Spare Pump for Quick Change - - 13,000 (13,000) Towable Generator 27,615 27,615 25,890 1,725 Remodel Kiva Back Restrooms 4,970 4,970 4,140 830 7-Bedroom Furniture Replacement 4,122 4,122 4,122 - 2022 Vehicle #2 5,461 5,461 5,461 0 Granby Outpost 1,395,908 1,395,908 1,300,889 95,019 SMR Operational Investment in Cabins 128,471 128,471 150,000 (21,529) Placeholder for Project Manager Salary Distribution - - - - Vehicles (all departments)25,000 25,000 82,628 (57,628) Utility Line Improvements 808,662 808,662 190,000 618,662 Utilities Survey and Mapping 37,230 37,230 30,000 7,230 Carpet Cleaning Equipment 43,909 43,909 44,000 (91) Buckboard Grill Flooring & Kitchen Remodel 67,440 67,440 - 67,440 Signage Plan & Signs 111,888 111,888 150,000 (38,112) Pool Guard Stand 6,841 6,841 7,000 (159) Page 97 Actual 2023 Forecast 2023 Budget Over (Under) Name Year to Date Total Total Variance Year Ending December 31, 2023 YMCA OF THE ROCKIES PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND Roof for Pinecone Cabin 13,843 13,843 28,000 (14,158) Conference Services Trailer 9,999 9,999 10,000 (1) Kiva-Exhaust Fan 0 0 10,000 (10,000) Pool Exterior Paint 18,500 18,500 50,000 (31,500) Plow Truck 31,493 31,493 35,000 (3,507) Snowmobile 18,204 18,204 20,000 (1,796) General Manager Office Partition Wall 16,195 16,195 - 16,195 Rowley Homestead Preservation 29,940 29,940 30,000 (60) Combi Oven 0 0 - 0 IPL Fire Panel 25,281 25,281 - 25,281 Blue Ridge 82,541 82,541 - 82,541 Auto Shop Lift 20,613 20,613 20,000 613 Snow Mountain Ranch Total 3,109,456 3,109,456 2,597,772 511,684 Total 2023 Capital Budget Spend 5,415,150 5,415,150 5,188,272 226,878 2023 Contigency Funds 0 0 609,445 (609,445) CCO Expansion from Operations--2022 Carryover 1,268,153 1,268,153 1,346,382 (78,229) SMR Cabins Funded By Prepaid Rent 0 0 - 0 2023 Capital Budget from Operations 6,683,303 6,683,303 7,144,099 -460,796 CCO Expansion from Water Proceeds Funds 3,579,269 3,579,269 3,479,269 100,000 Endowment Funded Capital Projects Glacier Lodge Improvements 259,503 259,503 620,758 (361,255) CCO Expansion 600,000 600,000 - 600,000 SMR On-site Workforce Housing 80,514 80,514 - 80,514 Wildwood Duplex WFH 41,985 41,985 47,341 (5,356) Capital Funded from Endowment Borrowings 982,002 982,002 668,099 313,903 Page 98 Actual 2023 Forecast 2023 Budget Over (Under) Name Year to Date Total Total Variance Year Ending December 31, 2023 YMCA OF THE ROCKIES PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND Granby Outpost 2022 Purchase (prefunded from 2023 Capital Budget) SMR 8th Street Granby Workforce Housing Purchase (1,299,262) (1,299,262) (1,300,889) 1,627 TOTAL 2023 CAPITAL BUDGET 9,945,312 9,945,312 9,990,578 (45,266) December 31, 2023 Financial Statements - 13 Page 99 Actual 2023 Forecast 2023 Budget Over (Under) Name Year to Date Total Total Variance 2023 Capital Budget Association Office Total 835,044 835,044 995,307 (160,263) Estes Park Center Total 1,470,651 1,470,651 1,595,193 (124,542) Snow Mountain Ranch Total 3,109,456 3,109,456 2,597,772 511,684 Total 2023 Capital Budget Spend 5,415,150 5,415,150 5,188,272 226,878 2023 Contigency Funds 0 0 609,445 (609,445) CCO Expansion from Operations--2022 Carryover 1,268,153 1,268,153 1,346,382 (78,229) 2023 Capital Budget from Operations 6,683,303 6,683,303 7,144,099 -460,796 CCO Expansion from Water Proceeds Funds 3,579,269 3,579,269 3,479,269 100,000 Endowment Funded Capital Projects Glacier Lodge Improvements 259,503 259,503 620,758 (361,255) CCO Expansion 600,000 600,000 - 600,000 SMR On-site Workforce Housing 80,514 80,514 - 80,514 Wildwood Duplex WFH 41,985 41,985 47,341 (5,356) Capital Funded from Endowment Borrowings 982,002 982,002 668,099 313,903 Granby Outpost 2022 Purchase (prefunded from 2023 Capital Budget) SMR 8th Street Granby Workforce Housing Purchase (1,299,262) (1,299,262) (1,300,889) 1,627 TOTAL 2023 CAPITAL BUDGET 9,945,312 9,945,312 9,990,578 (45,266) Year Ending December 31, 2023 December 31, 2023 Financial Statements - 13 YMCA OF THE ROCKIES PROPERTY AND EQUIPMENT FUNDED BY THE CURRENT UNRESTRICTED FUND Page 100 YMCA of the Rockies 2023 Unrestricted Cash & Investment Forecast Year Ending December 31, 2023 (as of December 31, 2023) Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Actual Forecast Actual Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec to Totals 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 Date 2023 Excess revenue (expenses)(381) (1,624) (865) (2,197) (540) 3,634 5,730 678 1,438 (252) (1,407) (425) 3,789 3,789 Balance Sheet Changes to Cash 1,428 982 814 1,559 1,396 (3,614) (3,088) (1,670) (2,337) (275) 1,757 978 (2,070) (2,108) Debt reduction funded by C.U.F.0 0 0 0 0 0 0 0 0 (1,385) 0 0 (1,385) (1,385) Net Cash & Investment inc (dec)1,047 (642)(51)(638)856 20 2,642 (992)(899)(1,912)350 553 334 296 Beginning Cash & Investment Balance 4,032 5,079 4,437 4,386 3,748 4,604 4,624 7,266 6,274 5,375 3,463 3,813 4,032 4,032 Ending Cash & Investment Balance 5,079 4,437 4,386 3,748 4,604 4,624 7,266 6,274 5,375 3,463 3,813 4,366 4,366 4,328 Board Restricted Endowment 34,201 35,920 35,802 36,280 35,971 36,679 38,055 38,966 38,433 37,466 36,256 39,448 Board Restricted Endowment - CCO Capital Improvements3,479 3,121 2,617 2,206 1,668 1,243 100 100 100 100 0 0 Total Liquidity 42,759 43,478 42,805 42,234 42,243 42,546 45,421 45,340 43,908 41,029 40,069 43,814 1,000 0 (1) More than $1M in Operating Cash Between $0 and $1M in Operating Cash Less than $0 in Operating Cash December 31, 2023 Financial Statements - 14 Page 101 YMCA of the Rockies Investment Portfolio December 31, 2023 Purchase Maturity Investment Holdings Date Date Yield Value WFB Money Market Fund N/A N/A 969,792$ WFB Emergency Reserve Fund N/A N/A 7,819,983$ Schwab Stock Gifts on Hand and not sold 256,641 Bank of Colorado Money Market N/A N/A N/A - Misc.N/A N/A N/A 1 9,046,417 TPF Funds - Money Market Fund N/A N/A N/A 2,216,437 TPF Funds -Pooled Income Fund N/A N/A N/A 220,533 TPF Funds - Board Emergency Reserve Fund N/A N/A N/A 371,066 TPF Funds - Endowment N/A N/A N/A 45,021,530 TPF Funds - Cabin Donor Fund N/A N/A N/A 367,747 TPF Funds - Special Use N/A N/A N/A 1,553,473 Total Investments 58,797,203$ Investments Breakdown by Fund (Endowment and Unrestricted) Board Designated Endowment 39,448,048 Board Designated Endowment - CCO Designated Water Proceeds for Capital Improvements 0 Donor Endowment Funds 13,773,325 Total Endowment Funds 53,221,374 Temporarily Restricted Funds 3,540,348 Unrestricted Investments 1,857,157 Designated Columbarium Reserve 178,324 Total Investments 58,797,203 Investments Breakdown by Restrictions: Unrestricted Investments 1,857,157$ Designated Columbarium Reserve 178,324 Board Designated Endowment 31,256,999 TPF Board Designated Emergency Reserve 371,066 WFB Board Designated Emergency Reserve 7,819,983 Donor Restricted Investments: Building Projects 1,029,724 Specific Programs 2,290,091 Pooled Income Fund 220,533 Temporarily Restricted End. Funds 2,943,533 Permanent Endowment Funds 10,829,792 Total Investments 58,797,203$ December 31, 2023 Financial Statements - 15 Page 102 YMCA of the Rockies Financial Health Model Summary - Forecast 2023 as of December 31, 2023 Goal 1 & 2: After debt service is covered by EPC, 10% of revenue exists in net excess for capital purchases in the following year. EPC SMR EXO Total Revenue 32,365,674 15,946,390 2,998,978 51,311,043 Net Excess 7,662,532 118,354 (3,991,851) 3,789,034 Less Debt Service (2,785,225) - 1,400,225 (1,385,000) Net Excess net of Debt Service 4,877,307 118,354 (2,591,626) 2,404,034 % of Revenue 15.1%0.7%-86.4%4.7% Note: The total available for 2024 capital is 4.7% which is below the goal of 10% and below budgeted amount of 8.5%. Goal 3: Repair and replacement expense is no less than 3% of revenue per center, with a goal of 5% or higher. EPC SMR EXO Total Repair and replacement 1,252,547 512,061 - 1,764,608 Revenue 32,365,674 15,946,390 2,998,978 51,311,043 % of Revenue 3.9%3.2%0.0%3.4% Note: Both EPC and SMR are within the approved range, 3.9% and 3.2% respectfully. Goal 4: Any unexpected non-operational and unrestricted cash inflows will be transferred to the Board Endowment Fund. Note: In compliance. Estate gift of $31,964.46 was received in December 2022 and was transferred to board retricted endowment fund in early 2023. An estate gift was received in June 2023 and was transferred to board restricted endowment fund in July. An estate gift was received in December 2023 and was transferred to board restricted endowment fund in January 2024. Goal 5: Compliance with all loan covenants (DCOH of at least 90 days, DSCR minimum of 1.30) Cash 2,508,971 Total Expenses 46,121,784 Unrestricted Investments 41,483,530 Less Depreciation (6,121,055) Unrestricted Cash & Investments 43,992,501 Operating Expenses excluding Depreciation 40,000,729 Actual Days Cash on Hand (DCOH)401 Minimum Days Cash on Hand (DCOH)90 DCOH over Minimum 311 DSCR at Year-End (1.30 Minimum)1.787 Goal 6: Board Designated Endowment Borrowings limited to 25% and repaid according to Board policy. Endowment Balance as of 12/31/23 39,448,048 Total Borrowing Base 44,633,606 Plus Amounts Previously Borrowed 5,185,558 Times 25% Limit 11,158,402 Less Future Operational Draws - Less Amounts Currently Borrowed (5,185,558) Total Borrowing Base 44,633,606 Less Amounts to be Borrowed in 2024 (5,600,000) Remaining Borrowing Capacity 12/31/2023 372,843 December 31, 2023 Financial Statements - 16 Page 103 YMCA of the Rockies 2024 Forecast Net Excess Usage, Sources and Uses for Capital, and Endowment Borrowing Capacity Source of Funds 2023 Sources Net Excess Carry Over from 2023 3,789,034 2024 Debt Service- due October 1, 2024 (1,440,000) Endowment Borrowings (SMR Workforce Housing)5,600,000 Additional Board Approved Capital 2,011,079 Carryover 2023 Funds 460,796 Prepaid Rent - SMR Cabins 253,917 Total Sources of Funds 10,674,826 Use of Funds 2024 Capital Budget: 2024 Approved Capital Budget (2,107,000) SMR Workforce Housing - Endowment Borrowing (5,600,000) Incremental Capital Increase - Contigency 2024 (297,034) Additional Board Approved Capital (2,011,079) Carryover 2023 projects unfinished (334,260) Prepaid Rent - SMR Cabins (253,917) Unallocated Capital 2024 (71,536) Total Uses of Funds (10,674,826) Total (Sources net of Uses)(0) Board Endowment Summary Capacity to Start Year 5,972,843 GL and SMR WFH Repayment (297,310) SMR Workforce Housing - 2024/2025 5,600,000 Total Activity in Year 5,302,690 Remaining Capacity 2024 670,153 2024 Funding Sources and Uses December 31, 2023 Financial Statements - 17 Page 104 Page 105 4/24/2024 Summer Inclusion Program Carlie Bangs Housing & Childcare Manager Town of Estes Park Town Board Meeting April 23, 2024 6E Funding Expenditure for a Childcare Funding Agreement with the YMCA of the Rockies Objective 1 2 Page 106 4/24/2024 Present Situation ●The YMCA of the Rockies serves an average of 200 local children throughout the summer months in their Summer Day Camp program ●Children are one year old through 18 years-old ●The Summer Day Camp program serves children with special needs by providing individual accommodations for each child ●Additional staffing and staff with higher qualifications are needed to appropriately serve the children in their care Request ●New Lead Inclusion Counselor ●Additional Inclusion Counselor to serve children under 5 ●Tuition Assistance Photo from YMCA of the Rockies 3 4 Page 107 4/24/2024 Proposal Town staff proposes that the Town Board approve the expenditure of 6E funds to the YMCA of the Rockies. Finance Impact $35,420 expenditure from the Childcare Lodging Tax 101-1900-419.37.97 under the Out-of-School Programming priority. 5 6 Page 108 TOWN BOARD MEETING April 23, 2024 Action Item #1 Appoint Mayor Pro Tem. No packet material will be provided for this item. Page 109       Page 110 Division of Responsibilities 02/1304/23/2024 Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 1 of 4 Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: 04/2302/13/2024 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 1. Purpose: The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2. Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a) Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3. Assignment To Committees of The Board of Trustees (committees comprised solely of members of the Board of Trustees) a) Assignments to Audit Committee: At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) b) Assignment to Special Committees: Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Estes Park Municipal Code 2.08.020) 4. Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) 5. Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has Page 111 Division of Responsibilities 02/1304/23/2024 Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 2 of 4 been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 6.Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board”. 7.Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8.Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 9.Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment shall be approved by the Town Board, with preference for the Utilities Director per PRPA Resolution 07-19. Page 112 Division of Responsibilities 02/1304/23/2024 Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 3 of 4 Board Assignments Mayor Pro-Tem - __ _____________ Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Park Planning Commission Trustee MacAlpineLanca ster Steve Careccia Advisory/ Decision Making Estes Park Board of Adjustment Trustee MacAlpineBrown Steve Careccia Decision Making Rooftop Rodeo Committee Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Inc. n/a Derek Fortini Outside Police Auxiliary Trustee YounglundIgel Ian Stewart (Interim) Working Group Transportation Advisory Board Trustee MartchinkIgel Greg Muhonen Advisory Estes Valley Restorative Justice Trustee Hazelton Becky Weller (Interim) Working Group Estes Park Board of Appeals Trustee HazeltonYounglu nd Steve Careccia Advisory/ Decision Making Sister Cities Trustee MacAlpineYoungl und n/a Working Group Estes Park Housing Authority Board of Commissioners Trustee LancasterBrown n/a Outside Page 113 Division of Responsibilities 02/1304/23/2024 Revisions: 17 Town of Estes Park, Town Board Governance Policies Page 4 of 4 Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Koenig Hall Mayor Pro TemTrustee Cenac Trustee HazeltonBrown Travis Machalek Advisory Colorado Association of Ski Towns (CAST) Voting Designee – Trustee Cenac Alt Designee TA MachalekTrustee Hazelton n/a Outside Platte River Power Authority Board of Directors Mayor KoenigHall Reuben Bergsten Outside Estes Chamber of Commerce Economic Development and Workforce Council Trustee Hazelton & TA Machalek or Designee n/a Outside Larimer County Regional Opioid Abatement Council Trustee Younglund expires 02/14/2025 Outside Larimer County Solid Waste Policy Council Mayor KoenigTrustee Lancaster expires 11/30/2024 n/a Outside Local Marketing District (Visit Estes Park) Trustee Lancaster Brown Alt Designee Mayor Pro Tem CenacTrustee Lancaster n/a Outside Regional Transportation Infrastructure Funding Task Force Trustee MartchinkIgel n/a Outside Larimer County Behavioral Health Policy Council Mayor KoenigHall n/a Outside ___________________________________ Wendy KoenigGary Hall, Mayor _____________ Date Page 114 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: April 23, 2024 RE: Staff Appointments (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointments QUASI-JUDICIAL YES NO Objective: To appoint Town Officers per Municipal Code 2.24 & 2.28. Present Situation: The Town held the regular Municipal Election on April 2, 2024. Per the Municipal Code Section 2.24.010, at the first regular meeting following certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney, Municipal Judge, Assistant Municipal Judge, and any other officers the Board of Trustees deems necessary for the good governance of the Town. Municipal Code section 2.28.10 Town Administrator; appointment states at the first regular meeting following certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Administrator. Proposal: To appoint the following officers: •Jackie Williamson – Town Clerk •Jeremy Creamean – Town Treasurer/Town Clerk Pro Tem •Dan Kramer – Town Attorney •David Thrower – Municipal Judge •TBD - Assistant Municipal Judge •Travis Machalek – Town Administrator Assistant Municipal Judge Courtenay Patterson has stated her interest in stepping down from the position with the Town of Estes Park due in part to her other judicial commitments. The Town will consider a process for filling this position at a later date. Page 115 Advantages: To comply with the Municipal Code and State Statute requirements. Disadvantages: None. Action Recommended: Approve the appointments as outlined above. Finance/Resource Impact: None. Level of Public Interest Low Sample Motion: I move to approve/deny the appointment of Jackie Williamson as Town Clerk. Jermey Creamean as Town Treasurer/Town Clerk Pro Tem. Dan Kramer as Town Attorney, David Thrower as Municipal Judge, and Travis Machalek as Town Administrator. Attachments: None. Page 116 TOWN CLERK’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: April 23, 2024 RE: Resolution 36-24 Contract with David Thrower for Municipal Judge Services (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Consider a new contract for the Municipal Court Judge to provide municipal court services to the Town of Estes Park. Present Situation: The Town Board is required after each biennial election to appoint a Municipal Judge and Assistant Municipal Judge. With the appointment of the Municipal Judge a new contract is required to continue court services past April 23, 2024. Assistant Municipal Judge Courtenay Patterson has stated her interest in stepping down from the position with the Town of Estes Park due in part to her other judicial commitments. The Town will consider a process for filling this position at a later date. Proposal: To approve a new two (2) year contract for Municipal Judge services with Judge David Thrower. The contract will begin on April 24, 2024 and terminate on April 28, 2026. All other conditions remain the same from the previous contract approved by the Town Board in April 2022, including Judge Thrower as the Liquor License Authority for show cause and other liquor matters forwarded by the Town Clerk. No increase to the monthly rate has been requested by Judge Thrower. Advantages: To maintain municipal services for the Town of Estes Park. Disadvantages: The Town would not have a presiding Municipal Court Judge after April 23, 2024. Page 117 Action Recommended: None. Finance/Resource Impact: Funds have been allocated in the 2024 budget for the position. Level of Public Interest Low. Sample Motion: I move to approve Resolution 36 -24 Attachments: 1.Resolution 36-24 2. Agreement with Judge Thrower Page 118 RESOLUTION 36-24 APPROVING AN AGREEMENT WITH DAVID J. THROWER FOR MUNICIPAL JUDGE SERVICES WHEREAS, the Town Board wishes to enter into an agreement referenced in the title of this resolution with David J. Thrower as the Municipal Judge and Liquor Licensing Authority. 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 agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 119 AGREEMENT THIS AGREEMENT (the “Agreement”) effective April 24, 2024, is by and between the Town of Estes Park, Colorado, a municipal corporation (the “Town”) and David J. Thrower (“Thrower”), both parties agreeing as follows: WHEREAS, on April 24, 2024, the Board of Trustees of the Town appointed Thrower to a two-year term as the Town’s Municipal Court Judge and as a division of the Liquor Licensing Authority; and WHEREAS, the parties desire to set forth in this Agreement the terms and conditions of Thrower’s term as Municipal Court Judge and Liquor Licensing Authority. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties and Responsibilities Thrower, as the Municipal Judge of the Town’s Municipal Court, shall perform the functions and duties of the position in accordance with all the applicable provisions of the Town’s Municipal Code, sections 13-10-101 et. seq., C.R.S., and the Colorado Municipal Court Rules of Procedure as they may be amended from time to time, including the following: •The Municipal Court Judge is authorized to exercise contempt powers, and enforce subpoenas issued by any board, commission, hearing officer, or other body or officer of the Town authorized by law or ordinance to issue subpoenas, and all other powers inherent with the office. •The Municipal Court convenes for one (1) regular session of the Municipal Court each month and more or less often as needed. It is understood that most months include one (1) Municipal Court session. The session of the Court will be held during normal business hours starting at 9:00 am, dependent upon the availability of Town Board Room and, at the discretion of the Municipal Court Judge. •Thrower shall maintain an active license to practice law in Colorado. •Thrower shall keep abreast of current legislation and obtain ongoing education and training, and remain current on all matters relating to municipal courts and municipal judges. Costs associated with these efforts may be shared with the Town with prior approval and as budgeted. Thrower, as a division of the Liquor Licensing Authority, shall perform the functions and duties as the Authority for show cause orders and hearings on Attachment 2 Page 120 2 suspensions and revocations and other disciplinary actions, and any other matters assigned under Title 5 of the Municipal Code. Section 2. Term The term of this Agreement shall be from April 24, 2024 to April 28, 2026 unless sooner terminated. Section 3. Compensation The Town agrees to pay Thrower for his services an annual compensation of $24,000 payable in monthly installments. In the event of termination of this Agreement, Thrower’ compensation shall be pro-rated to the date of termination. Section 4. Removal This Agreement shall automatically terminate in the event of removal of Thrower as Municipal Court Judge pursuant to section 13-10-105, C.R.S. Section 5. Resignation Thrower may resign by giving a minimum of 30 days’ written notice to the Town. Thrower shall be entitled to compensation to the effective date of his resignation. Section 6. Independent Contract The parties agree that Thrower is an independent contractor and is not an employee of the Town. Thrower is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any compensation earned pursuant to this Agreement. Section 7. Notices Notices pursuant to this Agreement shall be given by personal service or deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: TOWN: Town of Estes Park Attn: Mayor P O Box 1200 Estes Park, CO 80517 EMPLOYEE: David J. Thrower 1532 E Riverbend St Superior, CO 80027-8048 judge.thrower@gmail.com (303) 589-4601 Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Thrower shall notify the Town in writing of any change in address. Page 121 3 Section 8. General Provisions a. This Agreement constitutes the entire Agreement between the parties, and it shall be binding upon and inure to the benefit of the heirs, executors, successors, and assigns of the parties. This Agreement may only be amended by written instrument executed by both parties, and each provision hereof shall be construed under the laws of the State of Colorado. Neither party may assign its rights or delegate its duties under this Agreement without the express written approval of the other. b. In the event of conflict between the terms of policy provisions, regulations, codes and ordinances of the Town and terms of this Agreement, this Agreement shall take precedence and govern. c. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. Section 9. Severability To the extent any provision herein is prohibited by applicable Federal, State, or local law, or is impossible to perform, such provision will be deemed deleted from this Agreement and the remainder of the Agreement will survive. IN WITNESS WHEREOF, this Agreement is executed on this ____ day of ______, 2024. TOWN OF ESTES PARK By___________________________ Gary Hall, Mayor ATTEST: _____________________________ Jackie Williamson, Town Clerk APPROVED AS TO FORM: ____________________________ Town Attorney _________________________ David J. Thrower Page 122