HomeMy WebLinkAbout2024-06-18 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order
2.Public Participation (10 min.)
2.1 Public Participation
3.Any action as a result of Executive Session
4.Consent Agenda
4.1 Resolution No. 29, Series of 2024, A Resolution of the Vail
Town Council Approving a Memorandum of
Understanding among the Naval Criminal Investigative
Service and Participating Federal, State, County and
Municipal Agencies for an Information Sharing Initiative
known as the Law Enforcement Information Exchange
Rocky Mountain (LInX Rocky Mountain)
Approve, approve with amendments, or deny Resolution No.
29, Series of 2024.
Background: The Town wishes to enter into a memorandum of
understanding between NCIS and the Federal, State and local
law enforcement information sharing initiative for operation of a
regional warehouse of databases, LInX Rocky Mountain.
4.2 Resolution No. 30, Series of 2024, A Resolution of the Vail
Town Council Approving an Intergovernmental Agreement
(24-PA-11021500-49) between the Town of Vail And the
USDA Forest Service White River National Forest
Concerning the Wildland Fire Mitigation Program
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
The Grand View, 395 S. Frontage Road W. Vail, CO 81657
and virtually by Zoom: https://vail.zoom.us/webinar/register/WN_R3XYmOcFQ56ESkiflw9zvw
6:00 PM, June 18, 2024
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Public participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Public Participation
Resolution No. 2024 - LINx MOU
Exhibit A. Rocky Mountain LInX MOU
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Approve, approve with amendments, or deny Resolution No.
30, Series of 2024.
Background: This is one of two participating agreements for
the implementation of the Booth Creek Fuels Reduction
project.
4.3 Resolution No. 31 Series of 2024, A Resolution of the Vail
Town Council Approving an Intergovernmental Agreement
(24-PA-11021500-48) between the Town of Vail And The
USDA Forest Service White River National Forest
Concerning The Wildland Fire Mitigation Program
Approve, approve with amendments or deny Resolution No.
31, Series of 2024.
Background: This is of two participation agreements for the
implementation of the Booth Creek Fuels Reduction Project.
4.4 Contract Award to AXON Enterprise, Inc. for Renewal of
AXON Master Services
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with AXON Enterprises
Inc. for a five-year renewal, in the amount not to exceed
$608,472.29 over five years, based on appropriations during
the budget process.
Background: The Vail Police Department would like to sign a
new 5-year contract with AXON Enterprises, which allow them
to combine all services into one contract and clean up billing.
4.5 Contract Award to Hess Contracting Inc. to Complete the
2024 Vail Concrete & Framework
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Hess Contracting
Inc. to complete the 2024 Vail Concrete & Framework, in an
amount not to exceed $185,000.00.
Background: This contract is to provide concrete drainage
pans at various locations in Vail and three concrete bus shelter
pads in East Vail.
5.Action Item
5.1 Contract Award to Fehr & Peers Consulting Group for
Transit Route/Operations Optimization Planning
10 Min
Authorize the Town Manager to enter into a contract, as
approved by the Town Attorney, with Fehr & Peers Consulting
Group for the Transit Route/Operations Optimization Planning,
Participating Agreement Council Memo
Resolution No. 30 2024 - USFS Participating Agreement
24PA11021500049 Vail Fuels For Vail Signature
Participating Agreement Council Memo
Resolution No. 31 2024 - USFS Participating Agreement
24PA11021500048 Vail Fuels BIL For Vail Signature
Updated AXON Contract
Q-552053-45426.773KH
Vail Town Council - 2024-06-13T120943.452
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in the amount of $90,000 and to supplement the 2024 budget
for this project by $15,000.
Presenter(s): Tom Kassmel
Background: The Town has budgeted to complete a Transit
Optimization Plan. The project will holistically review Vail’s
Transit operations from a routing, scheduling, and operations
standpoint with the goal of optimizing efficiency and service,
assisting in achieving the adopted Strategic Goals.
6.Public Hearings
6.1 Ordinance No. 06, Series of 2024, Second Reading, an
Ordinance Amending Title 12 and Title 14 of the Vail Town
Code to Rename the Current Housing - 1 and Housing - 2
Zone Districts and to Establish a New Community
Housing Zone District and Amending the Town's Zoning
Map Accordingly
5 min.
Approve, approve with amendments, or deny Ordinance No.
06, Series of 2024 upon second reading.
Presenter(s): Greg Roy, Planning Manager
Background: The amendment will change the names of the
housing districts from Housing to Community Housing and add
a third district with a maximum height limit between the two
existing height limits. This update is recommended by the Vail
Local Housing Authority and is intended to provide an
additional housing district with an intermediary height.
6.2 Ordinance No. 07, Series of 2024, Second Reading, An
Ordinance Amending Chapter 1 of Title 5 of the Vail Town
Code Regarding Private Property Drainage
5 min.
Approve, approve with amendments, or deny Ordinance No.
07, Series of 2024, upon second reading.
Presenter(s): Tom Kassmel, Town Engineer
Background: The Town Code does not currently fully address
water runoff from public roads onto private property or vice
versa; nor the maintenance of private driveways within the
public way in a clear manner that is typical of most similar
communities. The proposed Code amendment will clarify
responsibilities of private property owners.
7.Adjournment 6:35pm (estimate)
Memo - Transit Planning Contract Award 2024-06-18
Ord #6 of 2024 Staff Memo.pdf
Attachment A. Ordinance No. 06 Series of 2024
Attachment B. PEC24-0014 Memo 5-13-24
Attachment C. PEC Results 5-13-24
Memo - Code Update Drainage 2024-06-18
Drainage Code Amendment Ordinance No. 7, Series of 2024
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
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available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 2.1
Item Cover Page
DATE:June 18, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Public Participation (10 min.)
SUBJECT:Public Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Public Participation
5
From:Joe Moe
To:elisabeth.lawrence@summitcountyco.gov; Tamara.Pogue@summitcountyco.gov;
Josh.Blanchard@summitcountyco.gov; PublicInputTownCouncil
Subject:Re: Councilors: Plastic grocery bags are most environmentally friendly option
Date:Sunday, June 16, 2024 11:11:57 AM
No response to this?
From: Joe Moe
Sent: Friday, September 9, 2022 3:21 PM
To: elisabeth.lawrence@summitcountyco.gov <elisabeth.lawrence@summitcountyco.gov>;
Tamara.Pogue@summitcountyco.gov <Tamara.Pogue@summitcountyco.gov>;
Josh.Blanchard@summitcountyco.gov <Josh.Blanchard@summitcountyco.gov>;
publicinput.vailtowncouncil@vailgov.com <publicinput.vailtowncouncil@vailgov.com>
Subject: Councilors: Plastic grocery bags are most environmentally friendly option
According to science: https://ourworldindata.org/grapher/grocery-bag-environmental-impact
Please keep this data in mind and repeal your plastic bag ban.
-J.P., Eagle resident
6
AGENDA ITEM NO. 4.1
Item Cover Page
DATE:June 18, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 29, Series of 2024, A Resolution of the Vail Town
Council Approving a Memorandum of Understanding among the
Naval Criminal Investigative Service and Participating Federal,
State, County and Municipal Agencies for an Information Sharing
Initiative known as the Law Enforcement Information Exchange
Rocky Mountain (LInX Rocky Mountain)
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 29,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No. 2024 - LINx MOU
Exhibit A. Rocky Mountain LInX MOU
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RESOLUTION NO. 29
Series of 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND
PARTICIPATING FEDERAL, STATE, COUNTY AND MUNICIPAL AGENCIES FOR AN
INFORMATION SHARING INITIATIVE KNOWN AS THE LAW ENFORCEMENT
INFORMATION EXCHANGE ROCKY MOUNTAIN (LInX ROCKY MOUNTAIN)
WHEREAS, the Town wishes to enter into a memorandum of understanding
between the Naval Criminal Investigative Service and the Federal, State, and local law
enforcement agencies participating in an information sharing initiative for operation of a
regional warehouse of databases, known as the Law Enforcement Information Exchange
Rocky Mountain (LInX Rocky Mountain) in the form attached hereto as Exhibit A and
incorporated herein by this reference, (the “MOU”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the MOU in substantially the
same form as attached hereto as Exhibit A,and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the MOU on behalf of the Town.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 18th day of June 2024.
_________________________
Travis Coggin, Town Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
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LInX Rocky Mountain MOU 1 3/26/2019
MEMORANDUM OF UNDERSTANDING
AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE
AND PARTICIPATING FEDERAL, STATE, COUNTY AND MUNICIPAL AGENCIES
FOR AN INFORMATION SHARING INITIATIVE KNOWN AS
THE LAW ENFORCEMENT INFORMATION EXCHANGE ROCKY MOUNTAIN (LInX ROCKY MOUNTAIN)
A. PURPOSE.
1. This Memorandum of Understanding (MOU) is entered into by the Naval Criminal
Investigative Service and the Federal, State, and local law enforcement agencies participating in an
information sharing initiative for operation of a regional warehouse of databases, known as the Law
Enforcement Information Exchange Rocky Mountain (LInX Rocky Mountain). The purpose of this MOU is
to set forth the policy and procedures for the use of the LInX by the participating parties, including the
ownership and control of the information within the system, which may be contributed by each party
for use by the LInX and the participating agencies.
2. The driving impetus for this initiative and MOU is to further the wars against crime and
terrorism in the wake of the September 11th terrorist attacks against the United States. This includes:
identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding
to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal
and terrorist activities. To achieve these ends, it is essential that all Federal, State, and local law
enforcement agencies cooperate in efforts to share pertinent information. LInX Mountain will integrate
relevant records of the parties within a single warehouse of databases, effectively providing each
participating agency with a single source for regional law enforcement information.
3. LInX Mountain will be available for use by participating law enforcement agencies in
furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist
risks and threats. Utilizing the LInX capabilities will significantly advance public safety and security, and
will enhance the protection of this Nation’s critical Naval and military resources across the United
States.
4. LInX records are not the official records of any agency and placement in LInX does not
transfer possession or dominion over such entries to any other LInX member. They are merely copies of
key portions of an agency’s official record staged for ready electronic reference by LInX members.
B. PARTIES.
1. The parties to this MOU are: United States Marshals Service, US Capitol Police, Naval Criminal
Investigative Service and other law enforcement agencies approved for membership.
2. The parties agree that maximum participation by all eligible law enforcement agencies will
strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible
agencies will join this MOU in the future. An eligible agency must apply for and be approved by the
Governance Board to become a joining agency. The Governance Board shall establish criteria for
eligibility to join, such as, but not limited to: security compliance, data accountability, technical
capability, and operational history. A joining agency once approved by the Governance Board shall also
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LInX Rocky Mountain MOU 2 3/26/2019
be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the
original parties.
C. POINTS OF CONTACT. Each party shall designate an individual as the party’s point of contact (POC) for
representing that party in regard to the MOU. A party may change its POC at any time upon providing
written notification thereof to the Governance Board.
D. AUTHORITY.
1. Authority for the Naval Criminal Investigative Service to enter into this MOU includes
Department of Defense (DoD) Instruction 5505.03,
Initiation of Investigations by Defense Criminal Investigative Organizations, dated March 24, 2011;
and SECNAVINST 5430.107, Mission and Functions of the Naval Criminal Investigative Service,
dated 28 Dec 2005.
2. Authority for state, county, and local agencies to enter into this MOU includes their
applicable State’s Revised Statutes.
E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of regional law
enforcement agencies in a systematic and ongoing manner to maximize the benefits of information
gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive,
investigative and enforcement activities; and to enhance public safety and force protection for the
Nation’s critical infrastructure across the United States. The specific objectives of LInX Rocky Mountain
are to:
1. Integrate specific categories of law enforcement, criminal justice and investigative data from
participating agencies in near real time within one data warehouse that will be accessible by all
participating agencies.
2. Dramatically reduce the time spent by participating agency personnel in search and retrieval
of relevant data by providing query and analytical tools.
3. Provide the means for the participating agencies to develop analytical products to support
law enforcement, force protection, and counterterrorism operational and investigative activities.
4. Provide an enhanced means for the participating agencies to produce strategic analytical
products to assist administrative decision-making processes for area law enforcement executives.
F. CONCEPT.
1. LInX is a cooperative partnership of Federal, DoD, State, county, and local law enforcement
agencies, in which each agency is participating under its own individual legal status, jurisdiction, and
authorities, and all LInX operations will be based upon the legal status, jurisdiction, and authorities of
the individual participants. LInX is not intended to, and shall not, be deemed to have independent legal
status.
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LInX Rocky Mountain MOU 3 3/26/2019
2. The LInX will become a central, electronic repository of derivative Federal, State, county, and
local law enforcement and investigative data, with each party providing for use fields of information
from its own records which may be pertinent to LInX members’ law enforcement mission. Once the
database warehouse is populated and properly structured, the system will function with querying and
analytical tools in support of law enforcement activities, criminal investigations, force protection, and
counter terrorism, and for the development of reports by the participating agencies for the use of their
executive decision makers.
3. LInX functionality may be enhanced via acquisition and use of commercially available
references, public source information, and software applications such as commercial directories, census
data, mapping applications, and analytical applications.
4. The LInX database warehouse collection will be resident on servers located at the Alexandria
Police Department, Virginia Data Center located at 3600 Wheeler Avenue, Alexandria, VA 223 04. The
Data Center is a state-of-the-art CJIS approved facility. The warehouse will contain “Sensitive but
Unclassified” (SBU) information from the records systems of the MOU parties. All parties to this MOU
contributing data to LInX will have equal access to the LInX functionality via secure Internet connections
for read, analytical and lead purposes only.
5. LInX is not a criminal history system or a criminal intelligence system governed by the provisions of
Title 28, Parts 20 and 23 respectively, of the Code of Federal Regulations.
G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION.
1. Each party retains sole ownership of, exclusive control over content and sole responsibility for
the information it contributes, and may at will at any time update or correct any of its information in
LInX, or delete it from the LInX entirely. All system entries will be clearly marked to identify the
contributing party.
2. Just as each party retains sole ownership and control of the information it contributes, so
does a party retain sole ownership and control of the copies of that information replicated in LInX. A
LInX user may print a record from LInX and retain said copy for a period not to exceed 72 hours to assist
with case investigation. At the end of the 72 hour period said user must destroy the copy. No records
printed from LInX may be used as part of any investigative case file. A user must obtain an official
record and approval from the contributing agency in order to use in an investigative case file.
3. The contributing party has the sole responsibility and accountability for ensuring that no
information is entered into LInX that was obtained in violation of any Federal, State, or local law
applicable to the contributor.
4. The contributing party has the sole responsibility and accountability for ensuring compliance
with all applicable laws, regulations, policies, and procedures applicable to the party’s entry and sharing
of information into LInX.
5. The contributing party has the sole responsibility and accountability for making reasonable
efforts to ensure the accuracy upon entry, and continuing accuracy thereafter, of information
contributed. Each party will notify the contributing party and the Governance Board of any challenge to
the accuracy of the contributing party’s information.
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LInX Rocky Mountain MOU 4 3/26/2019
6. Because information housed by LInX will be limited to duplicates of information obtained and
separately managed by the entering party within its own record system(s), and for which the
contributing party is solely responsible and accountable, information submitted by the participating
parties shall not be altered or changed in any way, except by the contributing party. The contributing
party should not make any changes to the data in the LInX warehouse that is not mirrored within the
contributing party’s source records.
7. LInX will thus only be populated with mirrored information derived from each contributing
party’s “own records,” and is not in any manner intended to be an official repository of original records,
or to be used as a substitute for one, nor is the information in the system to be accorded any
independent record system status. Rather, this electronic system is merely a means to provide timely
access for the law enforcement parties to information that replicates existing files/records systems.
8. To the extent that any newly discovered links, matches, relationships, interpretations, etc.,
located in “mining” of LInX information may be relevant and appropriate for preservation as
independent records, it will be the responsibility of the accessing party to incorporate such information
as records of the accessing party in the party’s own official records system(s)in accordance with that
party’s records management processes (subject to obtaining any contributing party’s consent as
provided below). A party that desires to incorporate in its own separate records information contributed
by another party, including any analytical products based on another party’s information, must first
obtain the entering party’s express permission.
9. Commercially available references, public source information, and software applications, such
as commercial directories, census data, mapping applications, and analytical applications are considered
to be nonrecord material and will be maintained in accordance with applicable contracts and/or
licensing agreements. To the extent that any such information is relevant and appropriate for
preservation as independent records, it will be the responsibility of the accessing party to incorporate
such information as records of the accessing party in the party’s own official records system(s) in
accordance with that party’s records management processes and any applicable contract or licensing
agreement.
10. Each agency has agreed to submit law enforcement, criminal justice and investigative types
of records, reports, and information into the LInX warehouse.
11. There is no obligation and there should be no assumption that a particular party’s records
housed in the LInX database warehouse represent the totality of all records of that party’s records
system for any subject or person.
H. ACCESS TO AND USE OF INFORMATION
1. Each party will contribute information to LInX and agrees to permit the access, dissemination,
and/or use of such information by every other party under the provisions of this MOU (and any other
applicable agreements that may be established for LInX). The contributing party has the sole
responsibility and accountability for ensuring that it is not constrained from permitting this by any laws,
regulations, policies, and procedures applicable to the submitting party.
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LInX Rocky Mountain MOU 5 3/26/2019
2. Agencies that do not provide data for inclusion in the LInX are not eligible to be parties
without express, written approval of the LInX Governance Board. Only duly constituted law enforcement
agencies of a Federal, military, state, county, or local jurisdiction may become a party of LInX.
3. All parties will have access via a secure Internet connection to all the information in LInX, as
provided in this MOU and any other applicable agreements that may established for LInX; and each
agency is responsible for providing its own internet connectivity.
4. An accessing party has the sole responsibility and accountability for ensuring that any access
complies with any laws, regulations, policies, and procedures applicable to the accessing party.
5. A party may only access LInX when it has a legitimate, official need to know the information
for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose,
after receiving training appropriate to this MOU. The system may also be used for training, testing and
demonstration purposes for existing and future law enforcement agencies.
6. An accessing party may use information for official matters only. This includes member law
enforcement agencies(s) background checks of its own employees or perspective employees. The
system cannot be used for mass screening, general licensing and employment purposes, background
investigations of federal, state or local employees or any other non-law enforcement purpose.
7. Information in the system, including any analytical products, may not be used for any
unauthorized or non-official purpose and shall not be disseminated outside of an accessing party
without first obtaining express permission of each party that contributed the information in question.
Specifically included within this prohibition is the use of information in the preparation of judicial
process such as affidavits, warrants, subpoenas, etc.
8. Notwithstanding the requirement in the previous provision that information may not be
disseminated without first obtaining express permission of each party that contributed the information
in question, in accordance with and to the extent permitted by applicable law, required court process, or
guidelines issued jointly by the Attorney General of the United States and the Director of Central
Intelligence, immediate dissemination of information can be made if a determination is made by the
recipient of the information:
(a) that the matter involves an actual or potential threat of terrorism, immediate danger of
death or serious physical injury to any person, or imminent harm to the national security;
and
(b) requires dissemination without delay to any appropriate federal, state, local, or foreign
government official for the purpose of preventing or responding to such a threat.
The owner of the information shall be immediately notified of any and all disseminations made under
this exception.
9. Any requests for reports or data in LInX records from anyone other than a party to this MOU
will be directed to the contributing party.
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LInX Rocky Mountain MOU 6 3/26/2019
10. Agencies who are not part of this MOU or LInX/DDEx partner system will not have direct
access to LInX. Requests by such agencies for copies of information contained in LInX must be referred
to the individual LInX party that owns the information.
11. The information in the LInX system shall not be used to establish or verify the eligibility of, or
continuing compliance with statutory and regulatory requirements by applicants for, recipients or
beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or
payments under the Federal, State or Commonwealth benefit programs, or to recoup payments or
delinquent debts under such Federal, State or Commonwealth benefit programs.
12. LInX includes an audit capability that logs user activity. Each agency will designate a point of
contact that shall have access to that member agency's portion of the audit log. However, the audit log
aggregate is not a record of information wholly controlled by any one member agency and no single
member agency may disclose the content of the entire log. Any requests for copies of the entire audit
log will be forwarded to each member agency for direct response to that member agency's portion of
the audit log.
I. SECURITY.
1. Each party will be responsible for designating those employees who have access to LInX. This
system has been developed with the capability to record each use of the system, including the identity
of the individual accessing the system, and the time of the access to the system, and the information
queried. The system was developed with security in mind. It should be remembered by each
participating member that access to the information within the system should be on a strictly official,
need-to-know basis, and that all information is law enforcement sensitive.
2. Each party agrees to use the same degree of care in protecting information accessed under
this MOU as it exercises with respect to its own sensitive information. Each party agrees to restrict
access to such information to only those of it’s (and its governmental superiors) officers, employees,
detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or
advisors with an official “need to know” such information.
3. Each party is responsible for training those employees authorized to access the LInX system
regarding the use and dissemination of information obtained from the system. Specifically, employees
should be given a clear understanding of the need to verify the reliability of the information with the
contributing party before using the information for purposes such as preparing affidavits, or obtaining
subpoenas and warrants etc. Parties should also fully brief accessing employees about the proscriptions
for using third party information as described in Section H, paragraphs 4–11, above.
J. PROPERTY.
1. The equipment purchased by the NCIS to support this effort will remain the property of the
NCIS.
2. Ownership of all property purchased by parties other than the NCIS will remain the property
of the purchasing party. Each party accessing the LInX from the party’s facility shall provide its own
computer stations for its designated employees to have use and access to LInX. The accessing party is
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LInX Rocky Mountain MOU 7 3/26/2019
responsible for configuring its computers to conform to the access requirements. Maintenance of the
equipment purchased by the accessing party shall be the responsibility of that party.
K. COSTS. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own
costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a
particular financial responsibility, the party’s express written approval must be obtained before the
incurring by another party of each expense associated with the responsibility. All obligations of and
expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject
to availability of funds pursuant to all laws, regulations, and policies applicable thereto. The parties
acknowledge that there is no intimation, promise, or guarantee that funds will be available in future
years.
L. LIABILITY.
1. LInX is not a separate legal entity capable of maintaining an employer-employee relationship
and, as such, all personnel assigned by a party to perform LInX-related functions shall not be considered
employees of LInX or of any other party for any purpose. The assigning party thus remains solely
responsible for supervision, work schedules, performance appraisals, compensation, overtime,
vacations, retirement, expenses, disability, and all other employment-related benefits incident to
assignment of its personnel to LInX functions.
2. Unless specifically addressed by the terms of this MOU (or other written agreement), the
parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective
officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s)
to which they are subject.
M. GOVERNANCE.
1. The parties recognize that the success of this project requires close cooperation on the part
of all parties. To this end, LInX will be operated under a shared management concept in which the
parties will be involved in formulating operating policies and procedures. The LInX Rocky Mountain
Governance Board will consist of the head (or authorized designee) of each participating law
enforcement agency. The parties agree to comply with all future policies and procedures developed by
this Governance Board.
2. Each member of the Governance Board shall have an equal vote and voice on all board
decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural
matters relating to the business of the Governance Board.
3. A chairperson shall be elected by its members, together with such other officers as a majority
of the Board may determine. The chairperson, or any board member, may call sessions as necessary.
For a meeting to occur a minimum of 51% of the membership must be present and a simple majority of
those present shall be required for passage of any policy matters. A tie vote does not pass the matter.
At the discretion of the Board of Governance Chairperson, a telephone or email poll of Board members
may be substituted to resolve any issues. The Board of Governance may also establish any needed
committees such as technical, user, and legal.
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LInX Rocky Mountain MOU 8 3/26/2019
4. Disagreements among the parties arising under or relating to this MOU shall be resolved only
via consultation at the lowest practicable level by and between the affected parties and their sponsoring
agencies (or as otherwise may be provided under any separate governance procedures) and will not be
referred to any court, or to any other person or entity for settlement. All unresolved matters will go
before the Governance Board.
5. The Governance Board may establish additional procedures and rules for the governance of
LInX and in furtherance thereof may enter into one or more separate formal or informal agreements,
provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU,
and is sufficiently memorialized to meet the business purposes of LInX governance (including adequately
informing current and future parties). Such governance agreement(s) may, for instance address:
organizational structure and control; executive management and administration; delegation of
authority; operating policies, procedures, rules, and practices; meetings, quorums, and voting
procedures; audits; and sanctions (including involuntary termination of a party’s participation in this
MOU).
N. NO RIGHTS IN NON-PARTIES. This MOU is an agreement among the parties and is not intended, and
should not be construed, to create or confer on any other person or entity any right or benefit,
substantive or procedural, enforceable at law or otherwise against the NCIS, the Department of the
Navy, the Department of Defense, the FBI, the Department of Justice, the United States, a party, or any
State, county, locality, or other sponsor under whose auspices a party is participating in the LInX or the
officers, directors, employees, detailees, agents, representatives, contractors, subcontractors,
consultants, advisors, successors, assigns or other agencies thereof.
O. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION.
1. As among the original parties, this MOU shall become effective when the duly authorized
representatives of each party have all signed it. For parties who subsequently join, this MOU shall
become effective when completed and signed by the joining party’s duly authorized representative and
countersigned by the representatives of the LInX authorized to do so under LInX Governance procedures
applicable at the time of joining.
2. This MOU shall continue in force indefinitely for so long as it continues to advance the
participants’ mission purposes, contingent upon approval and availability of necessary funding.
3. This MOU may be modified upon the mutual written consent of the duly authorized
representatives of all parties. However, the parties may, without the need of formal MOU modification,
cooperatively address and resolve administrative, technical, and operational details relating to this
MOU, provided that any such resolution: does not conflict with the spirit, intent, or provisions of this
MOU; could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or
more parties; and is sufficiently memorialized to meet the business purposes of LInX governance
(including adequately informing current and future parties).
4. This MOU may be terminated at any time by the mutual written agreement of the duly
authorized representatives of all parties. A party’s duly authorized representative may also terminate
the party’s participation in the MOU upon written notice to all other parties of not less than thirty 30
16
LInX Rocky Mountain MOU 9 3/26/2019
days. A party’s participation may also be terminated involuntarily as may be provided in an applicable
governance agreement.
5. Upon termination of this MOU, all property being used under its purview will be returned to
the respective supplying party. Similarly, if an individual party’s participation in this MOU is terminated,
the party will return any property to supplying parties, and the remaining parties will return any
property supplied by the withdrawing party.
6. All information contributed to LInX by a terminating party will be deleted from LInX.
7. As to information in the LInX during a party’s participation under this MOU, the rights,
obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use
of such information shall survive any termination. This applies both as to a terminating party’s
information, and to the other parties’ disclosure and use of a terminating party’s information.
P. APPENDICES
A. Form for new agencies to join MOU (and copies of executed forms for each new agency
which has so joined)
B. Points of Contact
C. Governance Provisions (may be added later at the discretion of the Board)
D. Security Policy (may be added later).
IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized
representative of each participating agency on an individual page attached hereto and incorporated
herein as part of this MOU.
17
LInX Rocky Mountain MOU 10 3/26/2019
APPENDIX A - LInX MOUNTAIN MEMORANDUM OF UNDERSTANDING
PURPOSE: This document effects the joining by the
______________________________________________________________________ in the
MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND
PARTICIPATING FEDERAL, STATE, AND LOCAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE
KNOWN AS THE MOUNTAIN LAW ENFORCEMENT INFORMATION EXCHANGE (LInX).
AUTHORITY: Authority for the Joining Party to enter into this MOU includes: RCW 39.34.
AGREEMENT: The Joining Party agrees to abide by all provisions and assume all obligations and
responsibilities of the MOU, including any formal changes and any administrative, technical, and
operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges
being provided copies or other adequate notice). In return, the Joining Party shall also be considered a
party and shall have the same rights and privileges as the original parties.
POINT OF CONTACT: The Joining Party’s POC is:
Name and Title: ______________________________________________________
Office Phone: _______________Cell:_______________ Fax:________________
Address: _____________________________________________________________
Email/Other: _________________________________________________________
COSTS: Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the
MOU.
EFFECTIVE DATE/DURATION/TERMINATION: This document shall take effect when completed and
signed by the Joining Party’s duly authorized representative and countersigned by the representatives of
the LInX authorized to do so under LInX governance procedures applicable at the time of joining.
Thereafter, duration and termination of the Joining Party’s participation in the MOU shall be as provided
in the MOU.
FOR THE JOINING PARTY:
Signature: ________________________________ Date: _____________________
Name: _________________________________________________________________
Title and Agency: _____________________________________________________
FOR LInX ROCKY MOUNTAIN:
Signature: ________________________________ Date: _____________________
Name: _________________________________________________________________
Title and Agency: _____________________________________________________
Signature: ________________________________ Date: _____________________
Name: _________________________________________________________________
Title and Agency: _____________________________________________________
18
AGENDA ITEM NO. 4.2
Item Cover Page
DATE:June 18, 2024
SUBMITTED BY:Mark Novak, Fire Department
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 30, Series of 2024, A Resolution of the Vail Town
Council Approving an Intergovernmental Agreement (24-PA-
11021500-49) between the Town of Vail And the USDA Forest
Service White River National Forest Concerning the Wildland Fire
Mitigation Program
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 30,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Participating Agreement Council Memo
Resolution No. 30 2024 - USFS Participating Agreement
24PA11021500049 Vail Fuels For Vail Signature
19
To:Town Council
From: Paul Cada, Wildland Battalion Chief
Date: June 4
th, 2024
Subject: Participating Agreements for the Implementation of the Booth Creek Fuels Reduction
Project
I.Background
Landscape scale high severity wildfire presents one of the highest risks to Vail of all natural
hazards. Over the past four years the Town of Vail and the United States Forest Service have
been collaboratively working to plan and now implement a landscape scale fuels reduction
project in the Booth Creek area of Vail. In May of 2023 the USFS signed a record of decision
authorizing the treatment of up to 3,059 acres of USFS managed land between the Red
Sandstone Drainage and Pitkin Creek. The environmental planning document identified a
combination of mechanical and hand treatments as well as the large scale use of broadcast
prescribed fire to achieve the objective of reducing wildfire risk to the community, creating
compartmentalization on the landscape and reintroducing fire into a fire adapted ecosystem.
To achieve these goals and implement the approved project The Town of Vail and United
States Forest Service wishes to enter into two separate participating agreements (24-PA-
11021500-48, 24-PA-11021500-49). These Participating Agreements provide a framework for
the parties to cooperatively develop, plan, and implement forest protection, watershed
restoration, hazardous fuels reduction, and other restoration projects on and off of National
Forest System lands managed by the White River National Forest. Through these two
agreements the USFS agrees to provide a total of $125,000 in funding to accomplish the
implementation of the Booth Creek Fuels Reduction Project. Vail Fire and Emergency Services
will provide a non-cash match through activities of the VFES wildland program.
II.Recommend Action
Vail Fire and Emergency Services recommends that the Town Council approve and enter into
the attached agreements.
20
RESOLUTION NO. 30
Series of 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE
USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST CONCERNING THE
WILDLAND FIRE MITIGATION PROGRAM
WHEREAS, the Town and the USDA, Forest Service White River National Forest
wish to enter into an Intergovernmental Agreement in the form attached hereto as Exhibit
A and incorporated herein by this reference, (the “IGA”) concerning the implementation
of the Booth Creek Fuels Reduction Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A,and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 18th day of June 2024.
_________________________
Travis Coggin, Town Mayor
ATTEST:
_____________________________
Stephanie Kauffman, Town Clerk
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FS Agreement No. 24-PA-11021500-049
Cooperator Agreement No.
PARTICIPATING AGREEMENT
Between
TOWN OF VAIL
And The
USDA, FOREST SERVICE
WHITE RIVER NATIONAL FOREST
This PARTICIPATING AGREEMENT is hereby entered into by and between the Town of Vail,
hereinafter referred to as “the Cooperator,” and the United States Department of Agriculture
(USDA), Forest Service, White River National Forest, hereinafter referred to as the “U.S. Forest
Service,” under the authority: Wyden Amendment (Public Law 105-277, Section 323 as
amended by Public Law 109-54, Section 434, and permanently authorized by Public Law 111-
11, Section 3001).
Background: This Participating Agreement provides a framework for the parties to cooperatively
develop, plan, and implement forest protection, watershed restoration, hazardous fuels reduction,
and other restoration projects on and off of National Forest System lands managed by the White
River National Forest. The parties have a common interest in improving or protecting the current
condition of the watershed and lands within and adjacent to the White River National Forest.
Title: Hazardous Fuels Reduction Treatments
I. PURPOSE:
The purpose of this agreement is to document the cooperation between the parties to
cooperatively perform, mutually beneficial projects related to watershed restoration,
hazardous fuels reduction, and other restoration projects on and off of National Forest
System lands managed by the White River National Forest in accordance with the
following provisions and the hereby incorporated Operating Plan, attached as Exhibit A,
and Financial Plan, attached as Exhibit B.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
Whereas, the U.S. Forest Service has primary responsibility for protection, management,
restoration, and improvement of National Forest System lands; and
Whereas, the Cooperator has primary responsibility for protection, management,
restoration, and improvement of their lands while also supporting private lands located
within the Town of Vail; and
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Whereas, it is agreed that the benefits of improving and protecting the entire area (inclusive
of the Town of Vail) within and adjacent to the White River National Forest will have
direct benefits to the National Forest System lands and surrounding watershed. These
benefits include reducing current and future wildfire hazard, creating strategic fuel breaks,
maintaining/expanding aspen diversity while maintaining ecosystem structure and
processes.
In consideration of the above premises, the parties agree as follows:
III.THE COOPERATOR SHALL:
A.LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into
this agreement, and the institutional, managerial, and financial capability to ensure
proper planning, management, and completion of the project, which includes funds
sufficient to pay the non-Federal share of project costs, when applicable.
B.Collaborate with the U.S. Forest Service in development of the Operating Plan as
described in Section V.
C.Provide accomplishment reporting as identified in Section V.
D.Coordinate the goals of its activities and programs to be consistent with U.S. Forest
Service goals to provide consistent management of Program.
E.Perform in accordance with the attached Exhibits, Operating Plans, Financial Plans,
and/or Attachments. As appropriate, work will comply with requirements of the
National Environmental Policy Act (NEPA) decision as well as provided or approved
silvicultural prescriptions and timber marking guides. The Cooperator shall use
information provided by the U.S. Forest Service to comply with Federal regulations
including the protection of federal resources, permitted uses and forest product
accountability.
F.Provide equipment, labor, supplies, materials, and other resources as needed to
complete implementation of activities and projects.
G.Coordinate with the U.S. Forest Service, non-profit organizations, for-profit
organizations, federal, state, local, and Native American tribe governments, and
individuals to implement and to monitor projects.
H.Be responsible for ensuring that projects are completed in a timely manner, achieved
required performance standards, and monitored in accordance with established
monitoring and adaptive management plans.
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IV. THE U.S. FOREST SERVICE SHALL:
A. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the
Cooperator for the U.S. Forest Service's share of actual expenses incurred, not to
exceed $25,000.00, as shown in the Financial Plan. In order to approve a Request for
Reimbursement, the U.S. Forest Service shall review such requests to ensure
payments for reimbursement are in compliance and otherwise consistent with the
terms of the agreement. The U.S. Forest Service shall make payment upon receipt of
the Cooperator’s monthly invoice. Each invoice from the Cooperator shall display
the total project costs for the billing period, separated by U.S. Forest Service and the
Cooperator’s share. In-kind contributions must be displayed as a separate line item
and must not be included in the total project costs available for reimbursement. The
final invoice must display the Cooperator’s full match towards the project, as shown
in the financial plan, and be submitted no later than 120 days from the expiration
date.
Each invoice must include, at a minimum:
1. The Cooperator’s name, address, and telephone number.
2. U.S. Forest Service agreement number.
3. Invoice date.
4. Performance dates of the work completed (start & end).
5. Total invoice amount for the billing period, separated by the U.S. Forest
Service and The Cooperator’s share with in-kind contributions displayed as
a separate line item.
6. Display all costs, both cumulative and for the billing period, by separate cost
element as shown on the financial plan.
7. Cumulative amount of U.S. Forest Service payments to date.
8. Statement that the invoice is a request for payment by “reimbursement”.
9. If using SF-270, a signature is required.
10. Invoice Number, if applicable.
The invoice must be forwarded to:
EMAIL: SM.FS.ASC_GA@USDA.GOV
FAX: 877-687-4894
POSTAL: USDA Forest Service
Budget & Finance - Grants and
Agreements
4000 Masthead St, NE
Albuquerque, NM 87109
Send a copy to: kathleen.gray@usda.gov and clark.woolley@usda.gov
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B. Participate in the development of an Operating Plan as described in Section V.B
below. The U.S. Forest Service must be involved in the development and
implementation of any work performed on National Forest System (NFS) lands.
C. Ensure that all agreed to activities and projects incorporated in an Operating Plan and
Financial Plan comply with forest plans, National Environmental Policy Act (NEPA)
documents, and all applicable laws and regulations.
D. Allow the Cooperator to complete mutually agreed to activities and projects on
National Forest System lands, which includes but is not limited to, providing
Cooperator employees and its agents access to federal lands to perform project
implementation, maintenance, and monitoring activities.
E. Coordinate with the Cooperator, oversee all authorized implementation activities at
project sites, and ensure that all activities and projects are conducted in accordance
with forest plans, NEPA documents, and applicable laws and regulations for activities
on National Forest System Lands.
F. Following completion of project implementation and the achievement of all required
performance standards for given projects, act as the long-term steward of project
sites.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Project Contact Cooperator Financial Contact
Paul Cada
Wildland Battalion Chief
Vail Fire and Emergency Services
2399 North Frontage Road West
Vail, CO 81657
970.477.3475
970.531.5577cell
PCada@vail.gov
Carlie Smith
Finance Director
Town of Vail
75 South Frontage Road West
Vail, CO 81657
970.479.2119
csmith@vail.gov
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Principal U.S. Forest Service Contacts:
U.S. Forest Service
Program Manager Contact
U.S. Forest Service
Administrative Contact
Clark Woolley, Partnership Coordinator
900 Grand Avenue
Glenwood Springs, CO 81601
Telephone: (970) 948- 9803
Email: clark.woolley@usda.gov
Kathleen Gray
680 Blue River Pkwy
Silverthorne, CO 80498
Telephone: (970) 401-1983
Emal: kathleen.gray@usda.gov
Alex Specht
Grants Management Specialist
900 Grand Avenue
Glenwood Springs, CO 81601
Telephone: (720) 689-6932
Email: alex.specht@usda.gov
B. JOINT OPERATING PLAN. Both parties will coordinate in the development of an
Operating Plan, which will be incorporated and made a part of this agreement. Both
parties will also provide leadership in the development of strategic planning;
assessment; monitoring of implementation, effectiveness, and project consistency;
and site-specific project planning to manage areas consistent with the agreement
objectives.
C. Qualified supervisors shall oversee their employees, their agents, or their contractors
during performance of activities under this agreement. Neither party to this agreement
will directly supervise employees of the other party to this agreement.
D. The U.S. Forest Service or the Cooperator may require immediate temporary
suspension of all or any part of the activities under this agreement when the U.S.
Forest Service determines it is necessary to protect the public health, safety, or the
environment.
E. NOTICES. Any communications affecting the operations covered by this agreement
given by the U.S. Forest Service or the Cooperator are sufficient only if in writing
and delivered in person, mailed, or transmitted electronically by e-mail or fax, as
follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To the Cooperator, at the address shown in the agreement or such other address
designated within the agreement.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
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F. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts
the U.S. Forest Service or the Cooperator from participating in similar activities with
other public or private agencies, organizations, and individuals.
G. ENDORSEMENT. Any of the Cooperator’s contributions made under this
agreement do not by direct reference or implication convey U.S. Forest Service
endorsement of the Cooperator's products or activities.
H. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the
U.S. Forest Service Insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S.
Forest Service’s Office of Communications (Washington Office). A written request
will be submitted by the U.S. Forest Service to the Office of Communications
Assistant Director, Visual Information and Publishing Services, prior to use of the
insignia. The U.S. Forest Service will notify the the Cooperator when permission is
granted.
I. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANTS. The
Cooperator agree(s) that any of the Cooperator’s employees, volunteers, and program
participants shall not be deemed to be Federal employees for any purposes including
Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter
81 of Title 5, United States Code (OWCP), as the Cooperator has hereby willingly
agreed to assume these responsibilities.
Further, the Cooperator shall provide any necessary training to the Cooperator’s
employees, volunteers, and program participants to ensure that such personnel are
capable of performing tasks to be completed. The Cooperator shall also supervise and
direct the work of its employees, volunteers, and participants performing under this
agreement.
J. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate
to, Congress shall be admitted to any share or part of this agreement, or benefits that
may arise therefrom, either directly or indirectly.
K. NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status, familial status,
parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or a part of an individual's income is derived from any public
assistance program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, and so forth.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination,
write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W.,
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Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382
(TDD). USDA is an equal opportunity provider and employer.
L.ELIGIBLE WORKERS. The Cooperator shall ensure that all employees
complete the I-9 form to certify that they are eligible for lawful employment under
the Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply
with regulations regarding certification and retention of the completed forms. These
requirements also apply to any contract awarded under this agreement.
M.SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT
(SAM). The Cooperator shall maintain current organizational information and the
original Unique Entity Identifier (UEI) provided for this agreement in the System for
Award Management (SAM) until receipt of final payment. This requires annual
review and updates, when needed, of organizational information after the initial
registration. More frequent review and updates may be required for changes in
organizational information or agreement term(s). Any change to the original UEI
provided in this agreement will result in termination of this agreement and de-
obligation of any remaining funds. For purposes of this agreement, System for Award
Management (SAM) means the Federal repository into which an entity must provide
information required for the conduct of business as a Cooperative. Additional
information about registration procedures may be found at the SAM Internet site at
www.sam.gov.
N.STANDARDS FOR FINANCIAL MANAGEMENT.
1.Financial Reporting
The Cooperator shall provide complete, accurate, and current financial disclosures
of the project or program in accordance with any financial reporting requirements,
as set forth in the financial provisions.
2.Accounting Records
The Cooperator shall continuously maintain and update records identifying the
source and use of funds. The records shall contain information pertaining to the
agreement, authorizations, obligations, unobligated balances, assets, outlays, and
income.
3.Internal Control
The Cooperator shall maintain effective control over and accountability for all
U.S. Forest Service funds, real property, and personal property assets. The
Cooperator shall keep effective internal controls to ensure that all United States
Federal funds received are separately and properly allocated to the activities
described in the agreement and used solely for authorized purposes.
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4. Source Documentation
The Cooperator shall support all accounting records with source
documentation. These documentations include, but are not limited to,
cancelled checks, paid bills, payrolls, contract and contract documents. These
documents must be made available to the U.S. Forest Service upon request.
O.INDIRECT COST RATES- PARTNERSHIP. Indirect costs are approved for
reimbursement or as a cost-share requirement and have an effective period applicable
to the term of this agreement.
1.If the Cooperator has never received or does not currently have a negotiated
indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10
percent of modified total direct costs (MTDC). MTDC is defined as all direct
salaries and wages, applicable fringe benefits, materials and supplies, services,
travel, and up to the first $25,000 of each subaward (regardless of the period of
performance of the subawards under the award).
P.For rates greater than 10 percent and less than 25 percent, the Cooperator shall
maintain documentation to support the rate. Documentation may include, but is not
limited to, accounting records, audit results, cost allocation plan, letter of indirect cost
rate approval from an independent accounting firm, or other Federal agency approved
rate notice applicable to agreements.
Q.For a rate greater than 25 percent, the U.S. Forest Service may require that the
Cooperator request a federally approved rate from the Cooperator’s cognizant audit
agency no later than 3 months after the effective date of the agreement. The
Cooperator will be reimbursed for indirect costs or allowed to cost-share at the rate
reflected in the agreement until the rate is formalized in the negotiated indirect cost
rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing
may be subject to adjustment.
R.Failure to provide adequate documentation supporting the indirect cost rate, if
requested, could result in disallowed costs and repayment to the U.S. Forest Service.
P.OVERPAYMENT. Any funds paid to the Cooperator in excess of the amount
entitled under the terms and conditions of this agreement constitute a debt to the
Federal Government. The following must also be considered as a debt or debts owed
by the Cooperator to the U.S. Forest Service:
-Any interest or other investment income earned on advances of agreement funds; or
-Any royalties or other special classes of program income which, under the
provisions of the agreement, are required to be returned;
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If this debt is not paid according to the terms of the bill for collection issued for the
overpayment, the U.S. Forest Service may reduce the debt by:
1.Making an administrative offset against other requests for reimbursement.
2.Withholding advance payments otherwise due to the Cooperator.
3.Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3,
Subpart B).
Except as otherwise provided by law, the U.S. Forest Service may charge interest on
an overdue debt.
Q.AGREEMENT CLOSE-OUT. Within 120 days after expiration or notice of
termination The Cooperator shall close out the agreement.
Any unobligated balance of cash advanced to the Cooperator must be immediately
refunded to the U.S. Forest Service, including any interest earned in accordance with
7CFR3016.21/2CFR 215.22.
Within a maximum of 120 days following the date of expiration or termination of this
agreement, all financial performance and related reports required by the terms of the
agreement must be submitted to the U.S. Forest Service by the Cooperator.
If this agreement is closed out without audit, the U.S. Forest Service reserves the right
to disallow and recover an appropriate amount after fully considering any
recommended disallowances resulting from an audit which may be conducted later.
R.PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The
parties to this agreement shall monitor the performance of the agreement activities to
ensure that performance goals are being achieved.
Performance reports must contain information on the following:
- A comparison of actual accomplishments to the goals established for the period.
Wherever the output of the project can be readily expressed in numbers, a
computation of the cost per unit of output, if applicable.
- Reason(s) for delay if established goals were not met.
-Additional pertinent information.
The Cooperator shall submit annual performance reports to the U.S. Forest Service
Program Manager. These reports are due 90 days after the reporting period. The
final performance report must be submitted either with the Cooperator’s final
payment request, or separately, but not later than 120 days from the expiration date of
the agreement.
S.RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Cooperator
shall retain all records pertinent to this agreement for a period of no less than 3 years
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from the expiration or termination date. As used in this provision, records includes
books, documents, accounting procedures and practice, and other data, regardless of
the type or format. The Cooperator shall provide access and the right to examine all
records related to this agreement to the U.S. Forest Service, Inspector General, or
Comptroller General or their authorized representative. The rights of access in this
section must not be limited to the required retention period but must last as long as
the records are kept.
If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the end of the 3-year period, the records must be kept until all
issues are resolved, or until the end of the regular 3-year period, whichever is later.
Records for nonexpendable property acquired in whole or in part, with Federal funds
must be retained for 3 years after its final disposition.
T.FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement
records must not be limited, except when such records must be kept confidential and
would have been exempted from disclosure pursuant to Freedom of Information
regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36.
Public access to culturally sensitive data and information of Federally-recognized
Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106
(2008 Farm Bill).
U.TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO)
13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and
all text messaging by Federal employees is banned: a) while driving a Government
owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official
Government business; or b) using any electronic equipment supplied by the
Government when driving any vehicle at any time. All Cooperators, their
Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies
that ban text messaging when driving company owned, leased or rented vehicles,
POVs or GOVs when driving while on official Government business or when
performing any work for or on behalf of the Government.
V.PUBLIC NOTICES. It is the U.S. Forest Service’s policy to inform the public as fully
as possible of its programs and activities. The Cooperator is encouraged to give
public notice of the receipt of this agreement and, from time to time, announce
progress and accomplishments. Press releases or other public notices should reference
the Agency as follows:
“White River National Forest of the U.S. Forest Service, U.S. Department of
Agriculture is working cooperatively with the Town of Vail on Hazardous Fuels
Reduction Treatments.”
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Page 11 of 14 (Rev. 9-15)
The Cooperator may call on The U.S. Forest Service’s Office of Communication for
advice regarding public notices. The Cooperator is requested to provide copies of
notices or announcements to the U.S. Forest Service Program Manager and The U.S.
Forest Service’s Office of Communications as far in advance of release as possible.
W.CONTRACT REQUIREMENTS. Any contract under this agreement must be
awarded following the the Cooperator’s established procurement procedures, to
ensure free and open competition, and avoid any conflict of interest (or appearance of
conflict). The Cooperator shall maintain cost and price analysis documentation for
potential U.S. Forest Service review. The Cooperator is/are encouraged to utilize
small businesses, minority-owned firms, and women’s business enterprises.
X.TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS USED BY
COOPERATORS. Any employee or volunteer of the cooperator who will use chain
saws or crosscut saws on National Forest System lands under this agreement must be
trained, evaluated, and certified in accordance with Forest Service Manual 2358. The
cooperator is responsible for providing sawyer training, evaluation, and certification
for the cooperator’s employees and volunteers, unless the U.S. Forest Service and the
cooperator determine it is not in the best interest of the partnership for the cooperator
to provide sawyer training and evaluation. In these circumstances, the U.S. Forest
Service, upon request and upon availability of Agency resources, may assist with
conducting sawyer training and evaluation for the cooperator’s employees and
volunteers. Cooperator employees and volunteers who will use chain saws and/or
crosscut saws on National Forest System lands must be certified by the cooperator.
Only those cooperator organizations with an approved sawyer training, evaluation,
and certification program may conduct sawyer training, evaluation, and certification.
Any employee or volunteer of the cooperator who will use other types of saws, such
as handsaws to cut small diameter material, brush saws, and pole saws, must be
trained in accordance with Forest Service Handbook 6709.12, Chapter 40, section
41.3. The cooperator is responsible for providing that training.
Y.REMEDIES FOR COMPLIANCE RELATED ISSUES. If the Cooperator materially
fail(s) to comply with any term of the agreement, whether stated in a Federal statute
or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or
more of the following actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
the Cooperator or more severe enforcement action by the U.S. Forest
Service;
2.Disallow (that is, deny both use of funds and matching credit for) all or part of
the cost of the activity or action not in compliance;
32
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Page 12 of 14 (Rev. 9-15)
3.Wholly or partly suspend or terminate the current agreement for the Cooperator’s
program;
4.Withhold further awards for the program, or
5.Take other remedies that may be legally available, including debarment
procedures under 2 CFR part 417.
Z.TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated,
in whole or part, as follows:
1.When the U.S. Forest Service and the Cooperator agree upon the termination
conditions, including the effective date and, in the case of partial termination,
the portion to be terminated.
2.By 30 days written notification by the Cooperator to the U.S. Forest Service
setting forth the reasons for termination, effective date, and in the case of partial
termination, the portion to be terminated. If the U.S. Forest Service decides that
the remaining portion of the agreement will not accomplish the purposes for
which the agreement was made, the U.S. Forest Service may terminate the
agreement in its entirety.
Upon termination of an agreement, the Cooperator shall not incur any new
obligations for the terminated portion of the agreement after the effective date, and
shall cancel as many outstanding obligations as possible. The U.S. Forest Service
shall allow full credit to the Cooperator for the U.S. Forest Service share of
obligations that cannot be cancelled and were properly incurred by the Cooperator up
to the effective date of the termination. Excess funds must be refunded within 60
days after the effective date of termination.
AA. ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In the
event of any issue of controversy under this agreement, the parties may pursue
Alternate Dispute Resolution procedures to voluntarily resolve those issues. These
procedures may include, but are not limited to conciliation, facilitation, mediation,
and fact finding.
BB. DEBARMENT AND SUSPENSION. The Cooperator shall immediately
inform the U.S. Forest Service if they or any of their principals are presently
excluded, debarred, or suspended from entering into covered transactions with the
Federal Government according to the terms of 2 CFR Part 180. Additionally, should
the Cooperator or any of their principals receive a transmittal letter or other official
Federal notice of debarment or suspension, then they shall notify the U.S. Forest
Service without undue delay. This applies whether the exclusion, debarment, or
suspension is voluntary or involuntary.
33
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Page 13 of 14 (Rev. 9-15)
CC. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS. All
non federal government entities working on this agreement will adhere to the below
provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113,
relating to reporting fraud, waste and abuse to authorities:
(a) The recipient may not require its employees, contractors, or
subrecipients seeking to report fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting them from lawfully reporting that
waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The recipient must notify its employees, contractors, or subrecipients
that the prohibitions and restrictions of any internal confidentiality
agreements inconsistent with paragraph (a) of this award provision are
no longer in effect.
(c) The prohibition in paragraph (a) of this award provision does not
contravene requirements applicable to any other form issued by a
Federal department or agency governing the nondisclosure of
classified information.
(d) If the Government determines that the recipient is not in compliance
with this award provision, it:
(1) Will prohibit the recipient’s use of funds under this award, in
accordance with sections 743, 744 of Division E of the Consolidated
Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision
of law; and
(2) May pursue other remedies available for the recipient’s material
failure to comply with award terms and conditions.
DD. MODIFICATIONS. Modifications within the scope of this agreement must be made
by mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized, signatory officials, prior to any changes being
performed. Requests for modification should be made, in writing, at least 60 days
prior to implementation of the requested change. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
EE. FUNDING EQUIPMNET. Federal funding under this agreement is not available for
reimbursement of the Cooperator’s purchase of equipment and supplies. Equipment is
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defined as having a fair market value of $5,000 or more per unit and a useful life of
over 1 year.
FF. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the
date of the last signature and is effective through December 31, 2028 at which time it
will expire. The expiration date is the final date for completion of all work activities
under this agreement.
GG. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that
the individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this agreement. In
Witness Whereof, the parties hereto have executed this agreement as of the last date
written below.
RUSSELL FORREST, Town Manager
Town of Vail, Colorado
Date
HEATHER NOEL, Acting Forest Supervisor
U.S. Forest Service, White River National Forest
Date
The authority and format of this agreement have been reviewed and approved for
signature.
ALEX SPECHT
U.S. Forest Service, Grants Management Specialist
Date
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative
means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington , DC 20250-9410 or call toll free
(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is
an equal opportunity provider and employer.
35
24-PA-11021500-049
EXHIBIT A
OPERATING PLAN AND MAPS
Title: Hazardous Fuels Reduction Projects
Overview: The U.S. Forest Service and the Cooperator will work collaboratively to setup and
implement the Booth Creek Fuels Treatments, Vail Mountain Forest Health, and Davos Fuels
Treatment projects for the reduction of the wildfire hazard to private property, community
infrastructure, and U.S. Forest Service resources while enhancing public and fire fighter safety.
The project area is within the designated Town of Vail Wildland Urban Interface. The project
will use a combination of hand treatments, mechanical harvesting, mastication or chipping, and
prescribed fire to achieve project objectives. A total of 8,865 acres are available for treatment
including 751 acres within the Eagle Nest Wilderness.
All work will be in accordance with the associated Decision Notice titled: Booth Creek Fuels
Treatment Project Decision Notice and Finding of No Significant Impact, as well as the
forthcoming Davos decision and Vail Mountain Forest Health decision.
PROJECT DESCRIPTION:
The U.S. Forest Service and the Cooperator will work collaboratively to implement hand and
mechanical fuels reduction treatments on and off Federal lands. The Cooperator will prepare
contracts, award Cooperator contracts, pay contract line items, oversee contracts, and administer
Cooperator contracts for projects identified in this operating plan located on National Forest
System (NFS) lands managed by the White River National Forest.
SPECIFICATIONS: Mechanical and Hand Vegetation Thinning Projects incorporates
treatments listed below:
Item
No.
Unit Description of Treatments* Est. No. of Acres
Available
1 Booth Creek Fuels
Project
Reduce hazardous fuel loading within the
Booth Creek Fuels Project area, see attached
Map.
3,059
2 Davos Fuels
Project
Reduce hazardous fuel loading within the
Davos Fuels Project area, see attached Map.
3,000
3 Vail Mountain
Resorts Cutting
Project
Reduce hazardous fuel loading within the
Vail Mountain Resorts Project area, see
attached Map.
2,806
*Fuels treatments include, but not limited to, hand cutting with chainsaw or other power equipment; or
using mechanized equipment to masticate/mulch/crush/chip activity fuels. Fuels may be cut and scattered,
chipped and scattered, chipped and removed, or piled and burned. Separate from this agreement, the U.S.
Forest Service will be responsible for burning any piles generated from this partnership and may perform
prescribed burns, as funding and resources become available.
36
The Cooperator Shall:
• Determine and acquire legal access to treatment areas, as applicable.
• Review U.S. Forest Service certified silvicultural prescriptions, marking guides and
implementation plan.
• Prepare, execute, and administer Cooperator contracts that meet all U.S. Forest Service
National Environmental Policy Act (NEPA) analysis design features, WRNF 2002 Forest
Plan Standards/Guidelines, certified silvicultural prescriptions, and implementation plan
guidelines.
• As applicable, coordinate with the U.S. Forest Service, non-profit organizations, for-
profit organizations, institutions of higher education, Federal, other state agencies, local,
and Native American tribe governments, and individuals to implement projects
incorporated and agreed to in this Agreement.
• As necessary, establish separate agreements and funding sources, where appropriate, with
the U.S. Forest Service and other partnering organizations to support planning,
implementation, and maintenance of the mutually agreed-upon projects.
• Notify U.S. Forest Service of changes and progress of work.
• Initiate, coordinate, and implement necessary road closures, as applicable.
The U.S. Forest Service Shall:
• Provide project level planning and implementation documentation.
• Provide certified silvicultural prescriptions and marking guides for treatment area.
• Provide a package that includes all contractual requirements in order to comply with NEPA
analysis, design features, certified silvicultural prescriptions and WRNF 2002 Forest Plan
Standards/Guidelines.
• Ensure that all planning and site-based data collection activities comply with forest plans,
NEPA documents, and all applicable laws and regulations.
• Provide assistance to the Cooperator where needed.
• Coordinate with the Cooperator to support the completion of all authorized maintenance
and monitoring activities at project sites, as applicable.
• Notify public of project implementation through press releases.
• Complete all necessary NEPA requirements. Any decision required to be made under NEPA
with respect to any authorized restoration services to be provided under this Statement of
Work on NFS lands shall not be delegated to the Cooperator.
• Provide information to the Cooperator, such as NEPA mitigations, design features or
requirements; silvicultural prescriptions or other information as necessary to complete agreed
upon work; and locations of protected resources as necessary to comply with NEPA decision
documents, Forest Plans, and other federal law, regulation, and policy.
• Provide any additional project or treatment specific information that is needed to ensure
successful project implementation.
• Ensure appropriate boundary line determination and designation is completed prior to
implementation of project activities.
• Recognize the Cooperator’s contribution, in a manner acceptable to both parties, in news
releases, interpretive signs, photographs, or other media as appropriate.
37
PERSONNEL:
U.S. Forest Service personnel will work closely with the Cooperator as well as other partners and
adjacent landowners to accomplish the work outlined in this operating plan. Partners include, but
not limited to, non-profit organizations, for-profit organizations, institutions of higher education,
Federal, other state agencies, local, and Native American tribe governments, and individuals to
implement projects incorporated and agreed to in this Agreement.
The Cooperator will manage and administer projects incorporated in this Agreement and keep
U.S. Forest Service identified personnel fully informed regarding project status. The U.S. Forest
Service will provide direction including location of areas, any protocols to be used, and
description of objectives, scope and intensity.
BUDGET SUMMARY:
Attached is the Financial Plan for this Operating Plan. The financial plan estimates the
interchange of funding, services, equipment, supplies, and other resources contributed to the cost
of the project and outlines the responsibilities of each party. Prior to the signing of this
Agreement, Town of Vail provided funding to hire a 3rd party NEPA consultant to assist USFS
staff with completing the NEPA analysis.
PROJECT LOCATION:
The project areas are located adjacent to the Town of Vail and on the White River National
Forest, see attached maps incorporated in Exhibit A – Maps.
TIMELINE:
Anticipated approximate start and end dates for listed items are as follows:
List of Items will be initiated as of last signature of the Agreement with a target completion date
of December 31, 2028. Additional treatment areas and/or projects may be incorporated to this
Agreement via modification procedures. Full implementation of the project may take 10 years or
more to complete. Specific timelines will be dependent on prioritization of U.S. Forest Service
staff time and availability of project funding. Multiple agreement instruments may be needed to
accomplish the shared objectives.
38
Exhibit A – Maps
Booth Creek Fuels Project Area
Davos Fuels Project Area
39
40
Vail Mountain Resorts Cutting Project Area
41
U.S. Forest Service OMB 0596-0217
FS-1500-17CAttachmentExhibit B
Mod No.
1. Financial Plan Matrix:
(a) (b)(c)(d)(e)(f)
Volunteer Cash
COST ELEMENTS Noncash Labor to
(Direct Costs)(In-Kind)Cooperator
Salaries/Labor $7,988.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $10,988.00
Travel $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00
Equipment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Supplies/Materials $500.00 $0.00 $0.00 $500.00 $0.00 $0.00 $1,000.00
Printing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Mechanical Fuels Treatments $0.00 $0.00 $25,000.00 $17,500.00 $0.00 $0.00 $42,500.00
Other: Mobilization $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Subtotal $8,588.00 $0.00 $25,000.00 $21,000.00 $0.00 $0.00 $54,588.00
Cooperator Indirect Costs $0.00 $0.00 $0.00
FS Overhead Assessment $1,374.08 $1,374.08
Gross Total $9,962.08 $0.00 $25,000.00 $21,000.00 $0.00 $0.00 $55,962.08
Total Forest Service Share =(h)
(a+b+c)/(g) = (h)62.47%
Other Federal Contribution = (i)
(f)/(g) = (i)0.00%
Total Federal Share =(j)
(h+i) = (j)62.47%
Total Cooperator Share (k)
(d+e)/(g) = (k)37.53%
Total (l)
(j+k) = (l)100.00%
Matching Costs Determination
(g)
TOTAL
Noncash In-Kind Other Federal
This Financial Plan may not be used to collect
funds AND disburse funds on the same
agreement. Separate agreements must be used
in this situation.
Note: All columns may not be used. Use depends on source and type of contribution(s).
COOPERATOR CONTRIBUTIONSFOREST SERVICE CONTRIBUTIONS
USFS Agreement No.:24-PA-11021500-049
Cooperator Agreement No.:
Agreements Financial Plan (Medium Form)
Page 1
42
Standard Calculation
Job Description Cost/Day # of Days Total
FS Fuels Specialist $375.00 10.00 $3,750.00
FS Fuels Planner $340.00 10.00 $3,400.00
FS TMA $450.00 1.00 $450.00
FS Wildlife Biologist $388.00 0.50 $194.00
FS District Recreation Manager $388.00 0.50 $194.00
Non-Standard Calculation
Total Salaries/Labor $7,988.00
Standard Calculation
Travel Expense Employees Cost/Trip # of Trips Total
GOV Fleet $25.00 4.00 $100.00
$0.00
Non-Standard Calculation
Total Travel $100.00
Supplies/Materials # of Items Cost/Item Total
Misc. Supplies & Materials 1.00 $500.00 $500.00
$0.00
Total Supplies/Materials $500.00
WORKSHEET FOR
FS Non-Cash Contribution Cost Analysis Column
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the
matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be
added or deleted as needed. The Standard Calculation sections provide a standardized formula for
determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically.
The Non-Standard Calculation sections provide a write-in area for line items that require a calculation
formula that is other than the standardized formules, e.g. instead of salaries being calculated by
cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on
days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when
entering in a Non-Standard Calculation, and provide a brief explanation of units used to make
calculation, e.g. '1 month contract,' on a line below the figures.
Salaries/Labor
Travel
Supplies/Materials
Standard Calculation
Non-Standard Calculation
Subtotal Direct Costs $8,588.00
43
Current Overhead Rate Total
16.00%$1,374.08
Total FS Overhead Costs $1,374.08
Forest Service Overhead Costs
Subtotal Direct Costs
$8,588.00
TOTAL COST $9,962.08
44
Item Item #No. of Acres Cost / Acre Total
Item No. 1 - Booth Creek Unit 1 20.83 $1,200.00 $25,000.00
Total Other $25,000.00
Current Overhead Rate Total
0.00%$0.00
$0.00
WORKSHEET FOR
FS Cash to the Cooperator Cost Analysis Column
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the
matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be
added or deleted as needed. The Standard Calculation sections provide a standardized formula for
determining a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically.
The Non-Standard Calculation sections provide a write-in area for line items that require a calculation
formula that is other than the standardized formulas, e.g. instead of salaries being calculated by
cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on
days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when
entering in a Non-Standard Calculation, and provide a brief explanation of units used to make
calculation, e.g. '1 month contract,' on a line below the figures.
Other Expenses
Standard Calculation
Non-Standard Calculation
Subtotal Direct Costs $25,000.00
Cooperator Indirect Costs
Subtotal Direct Costs
$25,000.00
Total Coop. Indirect Costs
TOTAL COST $25,000.00
45
Job Description Cost/Day # of Days Total
Project Management and Contract Administration Oversite
$375.00 8.00 $3,000.00
Total Salaries/Labor $3,000.00
Item Item ## of Acreas Cost/Unit Total
Item No. 1 - Booth Creek Unit 1 15 $1,200.00 $17,500.00
Total Other $17,500.00
Current Overhead Rate Total
0.00%$0.00
$0.00
WORKSHEET FOR
Cooperator Non-Cash Contribution Cost Analysis Column
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix.
NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or
deleted as needed. The Standard Calculation sections provide a standardized formula for determining a line
item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard
Calculation sections provide a write-in area for line items that require a calculation formula that is other than the
standardized formulas, e.g. instead of salaries being calculated by cost/day x # of days, costs may be
calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x
$1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and
provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures.
Salaries/Labor
Standard Calculation
Non-Standard Calculation
Other Expenses
Standard Calculation
Non-Standard Calculation
Subtotal Direct Costs $21,000.00
Cooperator Indirect Costs
Subtotal Direct Costs
$21,000.00
Total Coop. Indirect Costs
TOTAL COST $21,000.00
46
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:June 18, 2024
SUBMITTED BY:Mark Novak, Fire Department
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 31 Series of 2024, A Resolution of the Vail Town
Council Approving an Intergovernmental Agreement (24-PA-
11021500-48) between the Town of Vail And The USDA Forest
Service White River National Forest Concerning The Wildland
Fire Mitigation Program
SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 31,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Participating Agreement Council Memo
Resolution No. 31 2024 - USFS Participating Agreement
24PA11021500048 Vail Fuels BIL For Vail Signature
47
To:Town Council
From: Paul Cada, Wildland Battalion Chief
Date: June 4
th, 2024
Subject: Participating Agreements for the Implementation of the Booth Creek Fuels Reduction
Project
I.Background
Landscape scale high severity wildfire presents one of the highest risks to Vail of all natural
hazards. Over the past four years the Town of Vail and the United States Forest Service have
been collaboratively working to plan and now implement a landscape scale fuels reduction
project in the Booth Creek area of Vail. In May of 2023 the USFS signed a record of decision
authorizing the treatment of up to 3,059 acres of USFS managed land between the Red
Sandstone Drainage and Pitkin Creek. The environmental planning document identified a
combination of mechanical and hand treatments as well as the large scale use of broadcast
prescribed fire to achieve the objective of reducing wildfire risk to the community, creating
compartmentalization on the landscape and reintroducing fire into a fire adapted ecosystem.
To achieve these goals and implement the approved project The Town of Vail and United
States Forest Service wishes to enter into two separate participating agreements (24-PA-
11021500-48, 24-PA-11021500-49). These Participating Agreements provide a framework for
the parties to cooperatively develop, plan, and implement forest protection, watershed
restoration, hazardous fuels reduction, and other restoration projects on and off of National
Forest System lands managed by the White River National Forest. Through these two
agreements the USFS agrees to provide a total of $125,000 in funding to accomplish the
implementation of the Booth Creek Fuels Reduction Project. Vail Fire and Emergency Services
will provide a non-cash match through activities of the VFES wildland program.
II.Recommend Action
Vail Fire and Emergency Services recommends that the Town Council approve and enter into
the attached agreements.
48
RESOLUTION NO. 31
Series of 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE
USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST CONCERNING THE
WILDLAND FIRE MITIGATION PROGRAM
WHEREAS, the Town and the USDA, Forest Service White River National Forest
wish to enter into an Intergovernmental Agreement in the form attached hereto as Exhibit
A and incorporated herein by this reference, (the “IGA”) concerning the implementation
of the Booth Creek Fuels Reduction Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A,and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 18th day of June 2024.
_________________________
Travis Coggin, Town Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
49
USDA, Forest Service OMB 0596-0217
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FS Agreement No. 24-PA-11021500-048
Cooperator Agreement No.
PARTICIPATING AGREEMENT
Between
TOWN OF VAIL
And The
USDA, FOREST SERVICE
WHITE RIVER NATIONAL FOREST
This PARTICIPATING AGREEMENT is hereby entered into by and between the Town of Vail,
hereinafter referred to as “the Cooperator,” and the United States Department of Agriculture
(USDA), Forest Service, White River National Forest, hereinafter referred to as the “U.S. Forest
Service,” under the authority: Wyden Amendment (Public Law 105-277, Section 323 as
amended by Public Law 109-54, Section 434, and permanently authorized by Public Law 111-
11, Section 3001).
Background: This Participating Agreement provides a framework for the parties to cooperatively
develop, plan, and implement forest protection, watershed restoration, hazardous fuels reduction,
and other restoration projects on and off of National Forest System lands managed by the White
River National Forest. The parties have a common interest in improving or protecting the current
condition of the watershed and lands within and adjacent to the White River National Forest.
Funding supporting activities and partner projects incorporated and obligated to this agreement
are authorized by the Infrastructure Investment and Jobs Act, also known as the Bipartisan
Infrastructure Law (BIL), which provides the U.S. Forest Service resources for Fuels Reduction
work.
Title: Hazardous Fuels Reduction Projects
I. PURPOSE:
The purpose of this agreement is to document the cooperation between the parties to
cooperatively perform, mutually beneficial projects related to watershed restoration,
hazardous fuels reduction, and other restoration projects on and off of National Forest
System lands managed by the White River National Forest in accordance with the
following provisions and the hereby incorporated Operating Plan, attached as Exhibit A,
and Financial Plan, attached as Exhibit B.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
Whereas, the U.S. Forest Service has primary responsibility for protection, management,
restoration, and improvement of National Forest System lands; and
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Whereas, the Cooperator has primary responsibility for protection, management,
restoration, and improvement of their lands while also supporting private lands located
within the Town of Vail; and
Whereas it is agreed that the benefits of improving and protecting the entire area (inclusive
of the Town of Vail) within and adjacent to the White River National Forest will have
direct benefits to the National Forest System lands and surrounding watershed. These
benefits include reducing current and future wildfire hazard, creating strategic fuel breaks,
maintaining/expanding aspen diversity while maintaining ecosystem structure and
processes.
In consideration of the above premises, the parties agree as follows:
III.THE COOPERATOR SHALL:
A.LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into
this agreement, and the institutional, managerial, and financial capability to ensure
proper planning, management, and completion of the project, which includes funds
sufficient to pay the non-Federal share of project costs, when applicable.
B.Collaborate with the U.S. Forest Service in development of the Operating Plan as
described in Section V.B.
C.Provide accomplishment reporting as identified in Section V.
D.Coordinate the goals of its activities and programs to be consistent with U.S. Forest
Service goals to provide consistent management of Program.
E.Perform in accordance with the attached Exhibits, Operating Plans, Financial Plans,
and/or Attachments. As appropriate, work will comply with requirements of the
National Environmental Policy Act (NEPA) decision as well as provided or approved
silvicultural prescriptions and timber marking guides. The Cooperator shall use
information provided by the U.S. Forest Service to comply with Federal regulations
including the protection of federal resources, permitted uses and forest product
accountability.
F.Provide equipment, labor, supplies, materials, and other resources as needed to
complete implementation of activities and projects.
G.Coordinate with the U.S. Forest Service, non-profit organizations, for-profit
organizations, federal, state, local, and Native American tribe governments, and
individuals to implement and to monitor projects.
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H.Be responsible for ensuring that projects are completed in a timely manner, achieved
required performance standards, and monitored in accordance with established
monitoring and adaptive management plans.
IV.THE U.S. FOREST SERVICE SHALL:
A.PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the
Cooperator for the U.S. Forest Service's share of actual expenses incurred, not to
exceed $100,000.00, as shown in the Financial Plan. In order to approve a Request
for Reimbursement, the U.S. Forest Service shall review such requests to ensure
payments for reimbursement are in compliance and otherwise consistent with the
terms of the agreement. The U.S. Forest Service shall make payment upon receipt of
the Cooperator’s monthly invoice. Each invoice from the Cooperator shall display
the total project costs for the billing period, separated by U.S. Forest Service and the
Cooperator’s share. In-kind contributions must be displayed as a separate line item
and must not be included in the total project costs available for reimbursement. The
final invoice must display the Cooperator’s full match towards the project, as shown
in the financial plan, and be submitted no later than 120 days from the expiration
date.
Each invoice must include, at a minimum:
1.The Cooperator’s name, address, and telephone number.
2.U.S. Forest Service agreement number.
3.Invoice date.
4.Performance dates of the work completed (start & end).
5.Total invoice amount for the billing period, separated by the U.S. Forest
Service and The Cooperator’s share with in-kind contributions displayed as a
separate line item.
6.Display all costs, both cumulative and for the billing period, by separate cost
element as shown on the financial plan.
7.Cumulative amount of U.S. Forest Service payments to date.
8.Statement that the invoice is a request for payment by “reimbursement”.
9.If using SF-270, a signature is required.
10.Invoice Number, if applicable.
The invoice must be forwarded to:
EMAIL: SM.FS.ASC_GA@USDA.GOV
FAX: 877-687-4894
POSTAL: USDA Forest Service
Budget & Finance - Grants and
Agreements
4000 Masthead St, NE
Albuquerque, NM 87109
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Send a copy to: kathleen.gray@usda.gov and clark.woolley@usda.gov
B. Participate in the development of an Operating Plan as described in Section V.B.
below. The U.S. Forest Service must be involved in the development and
implementation of any work performed on National Forest System (NFS) lands.
C. Ensure that all agreed to activities and projects incorporated in an Operating Plan and
Financial Plan comply with forest plans, National Environmental Policy Act (NEPA)
documents, and all applicable laws and regulations.
D. Allow the Cooperator to complete mutually agreed to activities and projects on
National Forest System lands, which includes but is not limited to, providing
Cooperator employees and its agents access to federal lands to perform project
implementation, maintenance, and monitoring activities.
E. Coordinate with the Cooperator, oversee all authorized implementation activities at
project sites, and ensure that all activities and projects are conducted in accordance
with forest plans, NEPA documents, and applicable laws and regulations for activities
on National Forest System Lands.
F. Following completion of project implementation and the achievement of all required
performance standards for given projects, act as the long-term steward of project
sites.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
A. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Project Contact Cooperator Financial Contact
Paul Cada
Wildland Program Administrator
Vail Fire and Emergency Services
2399 North Frontage Road West
Vail, CO 81657
970.477.3475
970.531.5577cell
PCada@vailgov.com
Carlie Smith
Finance Director
Town of Vail
75 South Frontage Road West
Vail, CO 81657
970.479.2119
csmith@vail.gov
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Principal U.S. Forest Service Contacts:
U.S. Forest Service
Program Manager Contact
U.S. Forest Service
Administrative Contact
Clark Woolley, Partnership Coordinator
900 Grand Avenue
Glenwood Springs, CO 81601
Telephone: (970) 948- 9803
Email: clark.woolley@usda.gov
Kathleen Gray
680 Blue River Pkwy
Silverthorne, CO 80498
Telephone: (970) 401-1983
Email: kathleen.gray@usda.gov
Alex Specht
Grants Management Specialist
900 Grand Avenue
Glenwood Springs, CO 81601
Telephone: (720) 945-689-6932
Email: alex.specht@usda.gov
B. JOINT OPERATING PLAN. Both parties will coordinate in the development of an
Operating Plan, which will be incorporated and made a part of this agreement. Both
parties will also provide leadership in the development of strategic planning;
assessment; monitoring of implementation, effectiveness, and project consistency;
and site-specific project planning to manage areas consistent with the agreement
objectives.
C. Qualified supervisors shall oversee their employees, their agents, or their contractors
during performance of activities under this agreement. Neither party to this agreement
will directly supervise employees of the other party to this agreement.
D. The U.S. Forest Service or the Cooperator may require immediate temporary
suspension of all or any part of the activities under this agreement when the U.S.
Forest Service determines it is necessary to protect the public health, safety, or the
environment.
E. FINANCIAL STATUS REPORTING. A Federal Financial Report, form SF-425 (and
Federal Financial Report Attachment, SF-425A, if required for reporting multiple
awards), must be submitted quarterly. These reports are due 30 days after the
reporting period ending March 31, June 30, September 30, and December 31. The
final SF-425 must be submitted either with the final payment request or no later than
90 days from the expiration date of the award. These forms may be found at
www.whitehouse.gov/omb/grants_froms.
F. NOTICES. Any communications affecting the operations covered by this agreement
given by the U.S. Forest Service or the Cooperator are sufficient only if in writing
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and delivered in person, mailed, or transmitted electronically by e-mail or fax, as
follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To the Cooperator, at the address shown in the agreement or such other address
designated within the agreement.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
G.PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts
the U.S. Forest Service or the Cooperator from participating in similar activities with
other public or private agencies, organizations, and individuals.
H.ENDORSEMENT. Any of the Cooperator’s contributions made under this agreement
do not by direct reference or implication convey U.S. Forest Service endorsement of
the Cooperator's products or activities.
I.USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the
U.S. Forest Service Insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S.
Forest Service’s Office of Communications (Washington Office). A written request
will be submitted by the U.S. Forest Service to the Office of Communications
Assistant Director, Visual Information and Publishing Services, prior to use of the
insignia. The U.S. Forest Service will notify the the Cooperator when permission is
granted.
J.NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANTS. The Cooperator
agree(s) that any of the Cooperator’s employees, volunteers, and program participants
shall not be deemed to be Federal employees for any purposes including Chapter 171
of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5,
United States Code (OWCP), as the Cooperator has hereby willingly agreed to
assume these responsibilities.
Further, the Cooperator shall provide any necessary training to the Cooperator’s
employees, volunteers, and program participants to ensure that such personnel are
capable of performing tasks to be completed. The Cooperator shall also supervise
and direct the work of its employees, volunteers, and participants performing under
this agreement.
K.MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate
to, Congress shall be admitted to any share or part of this agreement, or benefits that
may arise therefrom, either directly or indirectly.
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L.NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status, familial status,
parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or a part of an individual's income is derived from any public
assistance program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, and so forth.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination,
write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W.,
Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382
(TDD). USDA is an equal opportunity provider and employer.
M.ELIGIBLE WORKERS. The Cooperator shall ensure that all employees complete
the I-9 form to certify that they are eligible for lawful employment under the
Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply with
regulations regarding certification and retention of the completed forms. These
requirements also apply to any contract awarded under this agreement.
N.SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT
(SAM). The Cooperator shall maintain current organizational information and the
original Unique Entity Identifier (UEI) provided for this agreement in the System for
Award Management (SAM) until receipt of final payment. This requires annual
review and updates, when needed, of organizational information after the initial
registration. More frequent review and updates may be required for changes in
organizational information or agreement term(s). Any change to the original UEI
provided in this agreement will result in termination of this agreement and de-
obligation of any remaining funds. For purposes of this agreement, System for Award
Management (SAM) means the Federal repository into which an entity must provide
information required for the conduct of business as a Cooperative. Additional
information about registration procedures may be found at the SAM Internet site at
www.sam.gov.
O.STANDARDS FOR FINANCIAL MANAGEMENT.
1.Financial Reporting
The Cooperator shall provide complete, accurate, and current financial
disclosures of the project or program in accordance with any financial
reporting requirements, as set forth in the financial provisions.
2. Accounting Records
The Cooperator shall continuously maintain and update records identifying
the source and use of funds. The records shall contain information
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pertaining to the agreement, authorizations, obligations, unobligated balances,
assets, outlays, and income.
3. Internal Control
The Cooperator shall maintain effective control over and accountability for all
U.S. Forest Service funds, real property, and personal property assets. The
Cooperator shall keep effective internal controls to ensure that all United States
Federal funds received are separately and properly allocated to the activities
described in the agreement and used solely for authorized purposes.
4. Source Documentation
The Cooperator shall support all accounting records with source
documentation. These documentations include, but are not limited to, cancelled
checks, paid bills, payrolls, contract and contract documents. These documents
must be made available to the U.S. Forest Service upon request.
P.INDIRECT COST RATES- PARTNERSHIP. Indirect costs are approved for
reimbursement or as a cost-share requirement and have an effective period applicable
to the term of this agreement.
1.If the Cooperator has never received or does not currently have a negotiated
indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10
percent of modified total direct costs (MTDC). MTDC is defined as all direct
salaries and wages, applicable fringe benefits, materials and supplies, services,
travel, and up to the first $25,000 of each subaward (regardless of the period of
performance of the subawards under the award).
Q.For rates greater than 10 percent and less than 25 percent, the Cooperator shall
maintain documentation to support the rate. Documentation may include, but is not
limited to, accounting records, audit results, cost allocation plan, letter of indirect cost
rate approval from an independent accounting firm, or other Federal agency approved
rate notice applicable to agreements.
R.For a rate greater than 25 percent, the U.S. Forest Service may require that the
Cooperator request a federally approved rate from the Cooperator’s cognizant audit
agency no later than 3 months after the effective date of the agreement. The
Cooperator will be reimbursed for indirect costs or allowed to cost-share at the rate
reflected in the agreement until the rate is formalized in the negotiated indirect cost
rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing
may be subject to adjustment.
S.Failure to provide adequate documentation supporting the indirect cost rate, if
requested, could result in disallowed costs and repayment to the U.S. Forest Service.
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Q.OVERPAYMENT. Any funds paid to the Cooperator in excess of the amount
entitled under the terms and conditions of this agreement constitute a debt to the
Federal Government. The following must also be considered as a debt or debts owed
by the Cooperator to the U.S. Forest Service:
-Any interest or other investment income earned on advances of agreement funds; or
-Any royalties or other special classes of program income which, under the
provisions of the agreement, are required to be returned;
If this debt is not paid according to the terms of the bill for collection issued for the
overpayment, the U.S. Forest Service may reduce the debt by:
1.Making an administrative offset against other requests for reimbursement.
2.Withholding advance payments otherwise due to the Cooperator.
3.Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3,
Subpart B).
Except as otherwise provided by law, the U.S. Forest Service may charge interest on
an overdue debt.
R.AGREEMENT CLOSE-OUT. Within 120 days after expiration or notice of
termination THE COOPERATOR shall close out the agreement.
Any unobligated balance of cash advanced to the Cooperator must be immediately
refunded to the U.S. Forest Service, including any interest earned in accordance with
7CFR3016.21/2CFR 215.22.
Within a maximum of 120 days following the date of expiration or termination of this
agreement, all financial performance and related reports required by the terms of the
agreement must be submitted to the U.S. Forest Service by the Cooperator.
If this agreement is closed out without audit, the U.S. Forest Service reserves the right
to disallow and recover an appropriate amount after fully considering any
recommended disallowances resulting from an audit which may be conducted later.
S.PROGRAM MONITORING AND PROGRAM PERFORMANCE REPORTS. The
parties to this agreement shall monitor the performance of the agreement activities to
ensure that performance goals are being achieved.
Performance reports must contain information on the following:
-A comparison of actual accomplishments to the goals established for the period.
Wherever the output of the project can be readily expressed in numbers, a
computation of the cost per unit of output, if applicable.
-Reason(s) for delay if established goals were not met.
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-Additional pertinent information.
The Cooperator shall submit quarterly performance reports to the U.S. Forest
Service Program Manager. These reports are due 30 days after the reporting
period ending March 31, June 30, September 30, and December 31. The final
performance report must be submitted either with the Cooperator’s final payment
request, or separately, but not later than 120 days from the expiration date of the
agreement.
T. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The
Cooperator shall retain all records pertinent to this agreement for a period of no less
than 3 years from the expiration or termination date. As used in this provision,
records includes books, documents, accounting procedures and practice, and other
data, regardless of the type or format. The Cooperator shall provide access and the
right to examine all records related to this agreement to the U.S. Forest Service,
Inspector General, or Comptroller General or their authorized representative. The
rights of access in this section must not be limited to the required retention period but
must last as long as the records are kept.
If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the end of the 3-year period, the records must be kept until all
issues are resolved, or until the end of the regular 3-year period, whichever is later.
Records for nonexpendable property acquired in whole or in part, with Federal funds
must be retained for 3 years after its final disposition.
U.FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement
records must not be limited, except when such records must be kept confidential and
would have been exempted from disclosure pursuant to Freedom of Information
regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36.
Public access to culturally sensitive data and information of Federally-recognized
Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106
(2008 Farm Bill).
V.TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO)
13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and
all text messaging by Federal employees is banned: a) while driving a Government
owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official
Government business; or b) using any electronic equipment supplied by the
Government when driving any vehicle at any time. All Cooperators, their
Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies
that ban text messaging when driving company owned, leased or rented vehicles,
POVs or GOVs when driving while on official Government business or when
performing any work for or on behalf of the Government.
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W.PUBLIC NOTICES. It is the U.S. Forest Service’s policy to inform the public as fully
as possible of its programs and activities. The Cooperator is encouraged to give
public notice of the receipt of this agreement and, from time to time, announce
progress and accomplishments. Press releases or other public notices should reference
the Agency as follows:
“White River National Forest of the U.S. Forest Service, U.S. Department of
Agriculture is working cooperatively with Town of Vail on Hazardous Fuels
Reduction Projects.”
The Cooperator may call on The U.S. Forest Service’s Office of Communication for
advice regarding public notices. The Cooperator is requested to provide copies of
notices or announcements to the U.S. Forest Service Program Manager and The U.S.
Forest Service’s Office of Communications as far in advance of release as possible.
X.CONTRACT REQUIREMENTS. Any contract under this agreement must be
Y.
awarded following the the Cooperator’s established procurement procedures, to
ensure free and open competition, and avoid any conflict of interest (or appearance of
conflict). The Cooperator shall maintain cost and price analysis documentation for
potential U.S. Forest Service review. The Cooperator is/are encouraged to utilize
small businesses, minority-owned firms, and women’s business enterprises.
U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS,
AUDIOVISUALS AND ELECTRONIC MEDIA. The Cooperator shall acknowledge
U.S. Forest Service support in any publications, audiovisuals, and electronic media
developed as a result of this agreement.
Z.JUSTICE 40 INITIATIVE. Executive Order (EO) 14008, Tackling the Climate
Crisis at Home and Abroad, was signed on January 27, 2021. This EO commits
federal agencies to providing 40% of federal benefits to disadvantaged communities.
When the cooperator is considering a subaward or contract to be executed under this
agreement, the cooperator may consider the requirements of EO 14008, section 223,
OMB M-21-28 and OMB-23-09.
AA. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS USED BY
COOPERATORS. Any employee or volunteer of the cooperator who will use chain
saws or crosscut saws on National Forest System lands under this agreement must be
trained, evaluated, and certified in accordance with Forest Service Manual 2358. The
cooperator is responsible for providing sawyer training, evaluation, and certification
for the cooperator’s employees and volunteers, unless the U.S. Forest Service and
the cooperator determine it is not in the best interest of the partnership for the
cooperator to provide sawyer training and evaluation. In these circumstances, the
U.S. Forest Service, upon request and upon availability of Agency resources, may
assist with conducting sawyer training and evaluation for the cooperator’s employees
and volunteers. Cooperator employees and volunteers who will use chain saws
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and/or crosscut saws on National Forest System lands must be certified by the
cooperator. Only those cooperator organizations with an approved sawyer training,
evaluation, and certification program may conduct sawyer training, evaluation, and
certification. Any employee or volunteer of the cooperator who will use other types
of saws, such as handsaws to cut small diameter material, brush saws, and pole saws,
must be trained in accordance with Forest Service Handbook 6709.12, Chapter 40,
section 41.3. The cooperator is responsible for providing that training.
BB. REMEDIES FOR COMPLIANCE RELATED ISSUES. If the Cooperator materially
fail(s) to comply with any term of the agreement, whether stated in a Federal statute
or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or
more of the following actions:
1. Temporarily withhold cash payments pending correction of the deficiency by the
Cooperator or more severe enforcement action by the U.S. Forest Service;
2. Disallow (that is, deny both use of funds and matching credit for) all or part of
the cost of the activity or action not in compliance;
3. Wholly or partly suspend or terminate the current agreement for the Cooperator’s
program;
4. Withhold further awards for the program, or
5. Take other remedies that may be legally available, including debarment
procedures under 2 CFR part 417.
CC. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated,
in whole or part, as follows:
1. When the U.S. Forest Service and the Cooperator agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated.
2. By 30 days written notification by the Cooperator to the U.S. Forest Service
setting forth the reasons for termination, effective date, and in the case of partial
termination, the portion to be terminated. If the U.S. Forest Service decides that
the remaining portion of the agreement will not accomplish the purposes for
which the agreement was made, the U.S. Forest Service may terminate the
agreement in its entirety.
Upon termination of an agreement, the Cooperator shall not incur any new
obligations for the terminated portion of the agreement after the effective date, and
shall cancel as many outstanding obligations as possible. The U.S. Forest Service
shall allow full credit to the Cooperator for the U.S. Forest Service share of
obligations that cannot be cancelled and were properly incurred by the Cooperator up
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to the effective date of the termination. Excess funds must be refunded within 60
days after the effective date of termination.
DD.ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In the
event of any issue of controversy under this agreement, the parties may pursue
Alternate Dispute Resolution procedures to voluntarily resolve those issues. These
procedures may include, but are not limited to conciliation, facilitation, mediation,
and fact finding.
EE. DEBARMENT AND SUSPENSION. The Cooperator shall immediately
inform the U.S. Forest Service if they or any of their principals are presently
excluded, debarred, or suspended from entering into covered transactions with the
Federal Government according to the terms of 2 CFR Part 180. Additionally, should
the Cooperator or any of their principals receive a transmittal letter or other official
Federal notice of debarment or suspension, then they shall notify the U.S. Forest
Service without undue delay. This applies whether the exclusion, debarment, or
suspension is voluntary or involuntary.
FF. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS. All
non federal government entities working on this agreement will adhere to the below
provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113,
relating to reporting fraud, waste and abuse to authorities:
(a)The recipient may not require its employees, contractors, or
subrecipients seeking to report fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements
prohibiting or otherwise restricting them from lawfully reporting that
waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency
authorized to receive such information.
(b)The recipient must notify its employees, contractors, or subrecipients
that the prohibitions and restrictions of any internal confidentiality
agreements inconsistent with paragraph (a) of this award provision are
no longer in effect.
(c)The prohibition in paragraph (a) of this award provision does not
contravene requirements applicable to any other form issued by a
Federal department or agency governing the nondisclosure of
classified information.
(d)If the Government determines that the recipient is not in compliance
with this award provision, it:
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(1) Will prohibit the recipient's use of funds under this award, in accordance
with sections 743, 744 of Division E of the Consolidated Appropriations
Act, 2016, (Pub. L. 114-113) or any successor provision of law; and
(2) May pursue other remedies available for the recipient's material
failure to comply with award terms and conditions.
GG. MODIFICATIONS. Modifications within the scope of this agreement must be made
by mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized, signatory officials, prior to any changes being
performed. Requests for modification should be made, in writing, at least 60 days
prior to implementation of the requested change. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
HH. FUNDING EQUIPMENT. Federal funding under this agreement is not available for
reimbursement of the Cooperator’s purchase of equipment and supplies. Equipment is
defined as having a fair market value of $5,000 or more per unit and a useful life of
over 1 year.
II. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the
date of the last signature and is effective through December 31, 2028 at which time it
will expire. The expiration date is the final date for completion of all work activities
under this agreement.
JJ. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that
the individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this agreement. In
Witness Whereof, the parties hereto have executed this agreement as of the last date
written below.
RUSSELL FORREST, Town Manager
Town of Vail, Colorado
Date
HEATHER NOEL, Acting Forest Supervisor
U.S. Forest Service, White River National Forest
Date
The authority and format of this agreement have been reviewed and approved for
signature.
ALEX SPECHT
U.S. Forest Service, Grants Management Specialist
Date
63
USDA, Forest Service OMB 0596-0217
FS-1500-16
Page 15 of 15 (Rev. 9-15)
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part
of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative
means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington , DC 20250-9410 or call toll free
(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is
an equal opportunity provider and employer.
64
24-PA-11021500-048
EXHIBIT A
OPERATING PLAN AND MAPS
Title: Hazardous Fuels Reduction Projects
Overview: The U.S. Forest Service and the Cooperator will work collaboratively to setup and
implement the Booth Creek Fuels Treatments for the reduction of the wildfire hazard to private
property, community infrastructure, and U.S. Forest Service resources while enhancing public
and firefighter safety. The project area is within the designated Town of Vail Wildland Urban
Interface. The project will use a combination of hand treatment, mechanical harvesting,
mastication or chipping, and prescribed fire to achieve project objectives. A total of 8,865 acres
are available for treatment including 751 acres within the Eagle Nest Wilderness.
All work will be in accordance with the associated Decision Notice titled: Booth Creek Fuels
Treatment Project Decision Notice and Finding of No Significant Impact, as well as the
forthcoming Davos decision and Vail Mountain Forest Health decision.
PROJECT DESCRIPTION:
The U.S. Forest Service and the Cooperator will work collaboratively to implement hand and
mechanical fuels reduction treatments on and off Federal lands. The Cooperator will prepare
contracts, award Cooperator contracts, pay contract line items, oversee contracts, and administer
Cooperator contracts for projects identified in this operating plan located on National Forest
System (NFS) lands managed by the White River National Forest.
SPECIFICATIONS: Mechanical and Hand Vegetation Thinning Projects incorporates
treatments listed below:
Item
No.
Unit Description of Treatments* Est. No. of Acres
Available
1 Booth Creek Fuels
Project
Reduce hazardous fuel loading within the
Booth Creek Fuels Project area, see attached
Map.
3,059
2 Davos Fuels
Project
Reduce hazardous fuel loading within the
Davos Fuels Project area, see attached Map.
3,000
3 Vail Mountain
Resorts Cutting
Project
Reduce hazardous fuel loading within the
Vail Mountain Resorts Project area, see
attached Map.
2,806
*Fuels treatments include, but not limited to, hand cutting with chainsaw or other power equipment; or
using mechanized equipment to masticate/mulch/crush/chip activity fuels. Fuels may be cut and scattered,
chipped and scattered, chipped and removed, or piled and burned. Separate from this agreement, the U.S.
Forest Service will be responsible for burning any piles generated from this partnership and may perform
prescribed burns, as funding and resources become available.
65
The Cooperator Shall:
•Determine and acquire legal access to treatment areas, as applicable.
•Review U.S. Forest Service certified silvicultural prescriptions, marking guides and
implementation plan.
•Prepare, execute, and administer Cooperator contracts that meet all U.S. Forest Service
NEPA analysis design features, WRNF 2002 Forest Plan Standards/Guidelines, certified
silvicultural prescriptions and implementation plan guidelines.
•As applicable, coordinate with the U.S. Forest Service, non-profit organizations, for-
profit organizations, institutions of higher education, Federal, other state agencies, local,
and Native American tribe governments, and individuals to implement projects
incorporated and agreed to in this Agreement.
•As necessary, establish separate agreements and funding sources, where appropriate, with
the U.S. Forest Service and other partnering organizations to support planning,
implementation, and maintenance of the mutually agreed-upon projects.
•Notify U.S. Forest Service of changes and progress of work.
•Initiate, coordinate, and implement necessary road closures, as applicable.
The U.S. Forest Service Shall:
•Provide project level planning and implementation documentation.
•Provide certified silvicultural prescriptions and marking guides for treatment area.
•Provide a package that includes all contractual requirements in order to comply with NEPA
analysis, design features, certified silvicultural prescriptions and WRNF 2002 Forest Plan
Standards/Guidelines.
•Ensure that all planning and site-based data collection activities comply with forest plans,
National Environmental Policy Act (NEPA) documents, and all applicable laws and
regulations.
•Provide assistance to the Cooperator where needed.
•Coordinate with the Cooperator to support the completion of all authorized maintenance
and monitoring activities at project sites, as applicable.
•Notify public of project implementation through press releases.
•Complete all necessary NEPA requirements. Any decision required to be made under
NEPA with respect to any authorized restoration services to be provided under this
Statement of Work on NFS lands shall not be delegated to the Cooperator.
•Provide information to the Cooperator, such as NEPA mitigations, design features or
requirements; silvicultural prescriptions or other information as necessary to complete
agreed upon work; and locations of protected resources as necessary to comply with
NEPA decision documents, Forest Plans, and other federal law, regulation, and policy.
•Provide any additional project or treatment specific information that is needed to ensure
successful project implementation.
•Ensure appropriate boundary line determination and designation is completed prior to
implementation of project activities.
•Recognize the Cooperator’s contribution, in a manner acceptable to both parties, in news
releases, interpretive signs, photographs, or other media as appropriate.
66
PERSONNEL:
U.S. Forest Service personnel will work closely with the Cooperator as well as other partners and
adjacent landowners to accomplish the work outlined in this operating plan. Partners include, but
not limited to, non-profit organizations, for-profit organizations, institutions of higher education,
Federal, other state agencies, local, and Native American tribe governments, and individuals to
implement projects incorporated and agreed to in this Agreement.
The Cooperator will manage and administer projects incorporated in this Agreement and keep
U.S. Forest Service identified personnel fully informed regarding project status. The U.S. Forest
Service will provide direction including location of areas, any protocols to be used, and
description of objectives, scope and intensity.
BUDGET SUMMARY:
Attached is the Financial Plan for this Operating Plan. The financial plan estimates the
interchange of funding, services, equipment, supplies, and other resources contributed to the cost
of the project and outlines the responsibilities of each party. Prior to the signing of this
Agreement, Town of Vail provided funding to hire a 3rd party NEPA consultant to assist USFS
staff with completing the NEPA analysis.
PROJECT LOCATION:
The project areas are located adjacent to the Town of Vail and on the White River National
Forest, see attached maps incorporated in Exhibit A – Maps.
TIMELINE:
Anticipated approximate start and end dates for listed items are as follows:
List of Items will be initiated as of last signature of the Agreement with a target completion date
of December 31, 2028. Additional treatment areas and/or projects may be incorporated to this
Agreement via modification procedures. Full implementation of the project may take 10 years or
more to complete. Specific timelines will be dependent on prioritization of U.S. Forest Service
staff time and availability of project funding. Multiple agreement instruments may be needed to
accomplish the shared objectives.
REPORTING REQUIREMENTS:
Quarterly Progress and quarterly Financial Reports are required for this agreement following
Agency guidance. There may need to be specific BIL reply dues that may necessitate specific
information, data reporting, and/or deliverables, such as before and after pictures, that may not
align with the agreement’s reporting timeframes. Parties to the agreement agree to be flexible,
communicate regularly, and assist each other providing the necessary information, data, and/or
documentation to meet U.S. Forests Service reporting needs.
67
Exhibit A – Maps
Booth Creek Fuels Project Area
68
Davos Fuels Project Area
69
Vail Mountain Resorts Cutting Project Area
70
U.S. Forest Service OMB 0596-0217
FS-1500-17CAttachmentExhibit B
Mod No.
1.Financial Plan Matrix:
(a) (b)(c)(d)(e)(f)
Volunteer Cash
COST ELEMENTS Noncash Labor to
(Direct Costs)(In-Kind)Cooperator
Salaries/Labor $7,988.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $10,988.00
Travel $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00
Equipment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Supplies/Materials $500.00 $0.00 $0.00 $500.00 $0.00 $0.00 $1,000.00
Printing $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Mechanical Fuels Treatments $0.00 $0.00 $100,000.00 $52,500.00 $0.00 $0.00 $152,500.00
Other: Mobilization $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Subtotal $8,588.00 $0.00 $100,000.00 $56,000.00 $0.00 $0.00 $164,588.00
Cooperator Indirect Costs $0.00 $0.00 $0.00
FS Overhead Assessment $1,374.08 $1,374.08
Gross Total $9,962.08 $0.00 $100,000.00 $56,000.00 $0.00 $0.00 $165,962.08
Total Forest Service Share =(h)
(a+b+c)/(g) = (h)66.26%
Other Federal Contribution = (i)
(f)/(g) = (i)0.00%
Total Federal Share =(j)
(h+i) = (j)66.26%
Total Cooperator Share (k)
(d+e)/(g) = (k)33.74%
Total (l)
(j+k) = (l)100.00%
This Financial Plan may not be used to collect
funds AND disburse funds on the same
agreement. Separate agreements must be used
in this situation.
Note: All columns may not be used. Use depends on source and type of contribution(s).
COOPERATOR CONTRIBUTIONSFOREST SERVICE CONTRIBUTIONS
USFS Agreement No.:24-PA-11021500-048
Cooperator Agreement No.:
Agreements Financial Plan (Medium Form)
Matching Costs Determination
(g)
TOTAL
Noncash In-Kind Other Federal
Page 1
71
Standard Calculation
Job Description Cost/Day # of Days Total
FS Fuels Specialist $375.00 10.00 $3,750.00
FS Fuels Planner $340.00 10.00 $3,400.00
FS TMA $450.00 1.00 $450.00
FS Wildlife Biologist $388.00 0.50 $194.00
FS District Recreation Manager $388.00 0.50 $194.00
Non-Standard Calculation
Total Salaries/Labor $7,988.00
Standard Calculation
Travel Expense Employees Cost/Trip # of Trips Total
GOV Fleet $25.00 4.00 $100.00
$0.00
Non-Standard Calculation
Total Travel $100.00
Supplies/Materials # of Items Cost/Item Total
Misc. Supplies & Materials 1.00 $500.00 $500.00
$0.00
Total Supplies/Materials $500.00
Standard Calculation
Non-Standard Calculation
Travel
Supplies/Materials
WORKSHEET FOR
FS Non-Cash Contribution Cost Analysis Column
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the
matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be
added or deleted as needed. The Standard Calculation sections provide a standardized formula for
determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically.
The Non-Standard Calculation sections provide a write-in area for line items that require a calculation
formula that is other than the standardized formules, e.g. instead of salaries being calculated by
cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on
days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when
entering in a Non-Standard Calculation, and provide a brief explanation of units used to make
calculation, e.g. '1 month contract,' on a line below the figures.
Salaries/Labor
72
Current Overhead Rate Total
16.00%$1,374.08
Total FS Overhead Costs $1,374.08
Forest Service Overhead Costs
Subtotal Direct Costs
$8,588.00
TOTAL COST $9,962.08
73
Item Item #No. of Acres Cost / Acre Total
Item No. 1 - Booth Creek Unit 1 83.33 $1,200.00 $100,000.00
Total Other $100,000.00
Current Overhead Rate Total
0.00%$0.00
$0.00
Subtotal Direct Costs
$100,000.00
Total Coop. Indirect Costs
TOTAL COST $100,000.00
Standard Calculation
Non-Standard Calculation
Subtotal Direct Costs $100,000.00
Cooperator Indirect Costs
Other Expenses
WORKSHEET FOR
FS Cash to the Cooperator Cost Analysis Column
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the
matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be
added or deleted as needed. The Standard Calculation sections provide a standardized formula for
determining a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically.
The Non-Standard Calculation sections provide a write-in area for line items that require a calculation
formula that is other than the standardized formulas, e.g. instead of salaries being calculated by
cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on
days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when
entering in a Non-Standard Calculation, and provide a brief explanation of units used to make
calculation, e.g. '1 month contract,' on a line below the figures.
74
Job Description Cost/Day # of Days Total
Project Management and Contract Administration Oversite
$375.00 8.00 $3,000.00
Total Salaries/Labor $3,000.00
Item Item #No. of Acres Cost/Acre Total
Item No. 1 - Booth Creek Unit 1 44 $1,200.00 $52,500.00
Total Other $52,500.00
Current Overhead Rate Total
0.00%$0.00
$0.00
Subtotal Direct Costs
$56,000.00
Total Coop. Indirect Costs
TOTAL COST $56,000.00
Standard Calculation
Non-Standard Calculation
Subtotal Direct Costs $56,000.00
Cooperator Indirect Costs
Other Expenses
Standard Calculation
Non-Standard Calculation
WORKSHEET FOR
Cooperator Non-Cash Contribution Cost Analysis Column
Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix.
NOTE: This worksheet auto populates the relevant and applicable matrix cells.
Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or
deleted as needed. The Standard Calculation sections provide a standardized formula for determining a line
item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard
Calculation sections provide a write-in area for line items that require a calculation formula that is other than the
standardized formulas, e.g. instead of salaries being calculated by cost/day x # of days, costs may be
calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x
$1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and
provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures.
Salaries/Labor
75
AGENDA ITEM NO. 4.4
Item Cover Page
DATE:June 18, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to AXON Enterprise, Inc. for Renewal of AXON
Master Services
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with AXON Enterprises Inc. for a five-
year renewal, in the amount not to exceed $608,472.29 over five
years, based on appropriations during the budget process.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Updated AXON Contract
Q-552053-45426.773KH
76
May 23rd, 2024
To:Vail Town Council
Through:Russell Forrest
Town Manager
Ryan Kenney
Chief
Justin Liffick
Deputy Chief
From: Lachlan Crawford
Investigations Commander
Subject: Updated AXON Contract
The Vail Police Department would like to formally request the approval of a new contract with
AXON Enterprise, Inc. The Vail Police Department originally signed a five year contract with
AXON in 2020, with the intention of renewing the contract at the five year mark as they are the main
provider of our body worn cameras, vehicle camera systems, tasers, and evidence storage. Over the
past four years, due to staffing changes, we have had to add extra licenses and purchase additional
equipment, which has resulted in us having separate yearly invoices outside of the main AXON
contract.
The Vail Police Department would like sign a new contract in 2024, and renew one year early. This
will allow us to combine all of the additional fees into one contract to clean up the billing. The
budget already accounts for the main contract plus the additional invoices. AXON has already
calculated out a $13,293.47 credit they will give our agency for the unused services that we already
have paid for in 2024, and the new contract would be effective October 15
th, 2024.
By signing a new contract, we would have one invoice per year. The total amount for the new five
year contract is $608,472.29, broken down per year below:
2024: $101,501.35
2025: $119,386.61
2026: $124,162.07
2027: $129,128.56
2028: $134,293.70
77
Page 1 Q-552053-45426.773KH
Q-552053-45426.773KH
Issued: 05/14/2024
Quote Expiration: 05/22/2024
Estimated Contract Start Date: 10/15/2024
Account Number: 124527
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Vail Police Dept. - CO
75 S FRONTAGE RD E
VAIL,
CO
81657
USA
Vail Police Dept. - CO
75 S FRONTAGE RD E
VAIL
CO
81657
USA
Email:
Kyle Hunt
Phone:
Email: huntk@axon.com
Fax: (480) 930-4484
Lachlan Crawford
Phone: (970) 479-2210
Email: lcrawford@vailgov.com
Fax: (970) 479-2216
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $50,914.75
TOTAL COST $608,472.29
ESTIMATED TOTAL W/ TAX $608,472.29 TOTAL SAVINGS $254,573.77
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
78
Page 2 Q-552053-45426.773KH
Payment Summary
Date Subtotal Tax Total
Sep 2024 $101,501.35 $0.00 $101,501.35
Sep 2025 $119,386.61 $0.00 $119,386.61
Sep 2026 $124,162.07 $0.00 $124,162.07
Sep 2027 $129,128.56 $0.00 $129,128.56
Sep 2028 $134,293.70 $0.00 $134,293.70
Total $608,472.29 $0.00 $608,472.29
79
Page 3 Q-552053-45426.773KH
Quote Unbundled Price:$863,046.06
Quote List Price:$742,801.86
Quote Subtotal:$608,472.29
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
Program
100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 $1.00 ($26,993.58)($26,993.58)$0.00 ($26,993.58)
100552 TRANSFER CREDIT - GOODS 1 $1.00 $13,700.11 $13,700.11 $0.00 $13,700.11
B00022 BUNDLE - UNLIMITED PLUS 6 60 $278.09 $238.32 $238.32 $85,795.20 $0.00 $85,795.20
M00012 BUNDLE - OFFICER SAFETY PLAN 10 PLUS 31 60 $354.85 $297.90 $252.36 $469,389.60 $0.00 $469,389.60
A la Carte Hardware
H00001 AB4 Camera Bundle 37 $849.00 $0.00 $0.00 $0.00 $0.00
H00002 AB4 Multi Bay Dock Bundle 3 $1,638.90 $0.00 $0.00 $0.00 $0.00
A la Carte Software
80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD
SERVER 1 19 $52.60 $52.60 $999.40 $0.00 $999.40
50043 AXON INTERVIEW - STREAMING SERVER
MAINTENANCE - PER SERVER 2 60 $32.98 $32.98 $3,957.60 $0.00 $3,957.60
50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 2 60 $111.75 $111.75 $13,410.00 $0.00 $13,410.00
87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 19 $30.55 $30.55 $13,930.80 $0.00 $13,930.80
80214 AXON EVIDENCE - STORAGE - FLEET 24 19 $35.81 $35.81 $16,329.36 $0.00 $16,329.36
A la Carte Services
101267 AXON VR - PSO - FULL INSTALLATION 1 $12,000.00 $12,000.00 $12,000.00 $0.00 $12,000.00
A la Carte Warranties
73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED
WARRANTY 24 19 $0.00 $0.00 $0.00 $0.00 $0.00
50448 AXON INTERVIEW - EXT WARRANTY 2 49 $28.74 $28.74 $2,816.52 $0.00 $2,816.52
80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 19 $6.88 $6.88 $3,137.28 $0.00 $3,137.28
Total $608,472.29 $0.00 $608,472.29
80
Page 4 Q-552053-45426.773KH
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 37 1 09/15/2024
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 1 1 09/15/2024
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 41 1 09/15/2024
AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 41 1 09/15/2024
AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - DOCK - EIGHT BAY 3 1 09/15/2024
AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 3 1 09/15/2024
AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 3 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100126 AXON VR - TACTICAL BAG 2 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 31 2 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 1 2 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 31 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 3 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100399 TASER 10 LIVE CARTRIDGE 620 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10 - CARTRIDGE - HALT 190 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 31 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 31 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100748 AXON VR - CONTROLLER - TASER 10 2 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100832 AXON VR - CONTROLLER - HANDGUN VR19H 2 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101122 AXON VR - HOLSTER - T10 SAFARILAND GREY - RH 2 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20018 AXON TASER - BATTERY PACK - TACTICAL 31 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20018 AXON TASER - BATTERY PACK - TACTICAL 6 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20018 AXON TASER - BATTERY PACK - TACTICAL 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20378 AXON VR - HEADSET - HTC FOCUS 3 2 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 62 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 100126 AXON VR - TACTICAL BAG 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 100681 AXON SIGNAL - SIDEARM SENSOR ONLY 6 1 09/15/2024
BUNDLE - UNLIMITED PLUS 100748 AXON VR - CONTROLLER - TASER 10 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 100832 AXON VR - CONTROLLER - HANDGUN VR19H 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 101122 AXON VR - HOLSTER - T10 SAFARILAND GREY - RH 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 101294 AXON VR - TABLET 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 101300 AXON VR - TABLET CASE 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 20378 AXON VR - HEADSET - HTC FOCUS 3 1 1 09/15/2024
BUNDLE - UNLIMITED PLUS 71044 AXON SIGNAL - BATTERY - CR2430 SINGLE PACK 12 1 09/15/2024
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100399 TASER 10 LIVE CARTRIDGE 100 1 09/15/2025
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 09/15/2025
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100399 TASER 10 LIVE CARTRIDGE 90 1 09/15/2026
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 09/15/2026
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Bundle Item Description QTY Shipping Location Estimated Delivery Date
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100210 AXON VR - TAP REFRESH 1 - TABLET 2 1 03/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 2 1 03/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 2 1 03/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20373 AXON VR - TAP REFRESH 1 - HEADSET 2 1 03/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73309 AXON BODY - TAP REFRESH 1 - CAMERA 32 1 03/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 3 1 03/15/2027
BUNDLE - UNLIMITED PLUS 100210 AXON VR - TAP REFRESH 1 - TABLET 1 1 03/15/2027
BUNDLE - UNLIMITED PLUS 101009 AXON VR - TAP REFRESH 1 - SIDEARM CONTROLLER 1 1 03/15/2027
BUNDLE - UNLIMITED PLUS 101012 AXON VR - TAP REFRESH 1 - CONTROLLER 1 1 03/15/2027
BUNDLE - UNLIMITED PLUS 20373 AXON VR - TAP REFRESH 1 - HEADSET 1 1 03/15/2027
BUNDLE - UNLIMITED PLUS 73309 AXON BODY - TAP REFRESH 1 - CAMERA 6 1 03/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100399 TASER 10 LIVE CARTRIDGE 90 1 09/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 09/15/2027
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100399 TASER 10 LIVE CARTRIDGE 100 1 09/15/2028
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100400 AXON TASER 10 - CARTRIDGE - HALT 250 1 09/15/2028
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73310 AXON BODY - TAP REFRESH 2 - CAMERA 32 1 09/15/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 3 1 09/15/2029
BUNDLE - UNLIMITED PLUS 73310 AXON BODY - TAP REFRESH 2 - CAMERA 6 1 09/15/2029
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101180 AXON TASER - DATA SCIENCE PROGRAM 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20248 AXON TASER - EVIDENCE.COM LICENSE 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20248 AXON TASER - EVIDENCE.COM LICENSE 1 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 20370 AXON VR - FULL ACCESS - TASER ADD-ON USER 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73618 AXON COMMUNITY REQUEST - LICENSE - PLUS 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73638 AXON STANDARDS - LICENSE 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73680 AXON RESPOND PLUS - LICENSE 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 310 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73739 AXON PERFORMANCE - LICENSE 31 10/15/2024 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 73746 AXON EVIDENCE - ECOM LICENSE - PRO 31 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 20370 AXON VR - FULL ACCESS - TASER ADD-ON USER 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73478 AXON EVIDENCE - REDACTION ASSISTANT USER LICENSE 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73618 AXON COMMUNITY REQUEST - LICENSE - PLUS 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73638 AXON STANDARDS - LICENSE 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73680 AXON RESPOND PLUS - LICENSE 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 60 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE)6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73739 AXON PERFORMANCE - LICENSE 6 10/15/2024 10/14/2029
BUNDLE - UNLIMITED PLUS 73746 AXON EVIDENCE - ECOM LICENSE - PRO 6 10/15/2024 10/14/2029
A la Carte 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER
SERVER 2 10/15/2024 10/14/2029
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 2 10/15/2024 10/14/2029
A la Carte 80214 AXON EVIDENCE - STORAGE - FLEET 24 10/15/2024 05/14/2026
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Bundle Item Description QTY Shipping Location Estimated Delivery Date
A la Carte 80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD SERVER 1 10/15/2024 05/14/2026
A la Carte 87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 10/15/2024 05/14/2026
Services
Bundle Item Description QTY
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 31
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 3
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101193 AXON TASER - ON DEMAND CERTIFICATION 1
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 31
BUNDLE - UNLIMITED PLUS 101184 AXON INVESTIGATE - TRAINING - OPERATOR AND EXAMINER 1
BUNDLE - UNLIMITED PLUS 11642 AXON INVESTIGATE - THIRD PARTY VIDEO SUPPORT 6
A la Carte 101267 AXON VR - PSO - FULL INSTALLATION 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 24 10/15/2024 05/14/2026
A la Carte 80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 10/15/2024 05/14/2026
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100197 AXON VR - EXT WARRANTY - HTC FOCUS 3 HEADSET 2 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 31 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 1 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101007 AXON VR - EXT WARRANTY - CONTROLLER 2 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 2 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 31 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 6 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 1 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80396 AXON TASER 7 - EXT WARRANTY - DOCK SIX BAY 1 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80464 AXON BODY - TAP WARRANTY - CAMERA 31 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80464 AXON BODY - TAP WARRANTY - CAMERA 1 09/15/2025 10/14/2029
BUNDLE - OFFICER SAFETY PLAN 10 PLUS 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 3 09/15/2025 10/14/2029
BUNDLE - UNLIMITED PLUS 100197 AXON VR - EXT WARRANTY - HTC FOCUS 3 HEADSET 1 09/15/2025 10/14/2029
BUNDLE - UNLIMITED PLUS 100213 AXON VR - EXT WARRANTY - TABLET 1 09/15/2025 10/14/2029
BUNDLE - UNLIMITED PLUS 101007 AXON VR - EXT WARRANTY - CONTROLLER 1 09/15/2025 10/14/2029
BUNDLE - UNLIMITED PLUS 101008 AXON VR - EXT WARRANTY - HANDGUN CONTROLLER 1 09/15/2025 10/14/2029
BUNDLE - UNLIMITED PLUS 80464 AXON BODY - TAP WARRANTY - CAMERA 6 09/15/2025 10/14/2029
A la Carte 50448 AXON INTERVIEW - EXT WARRANTY 2 09/15/2025 10/14/2029
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Shipping Locations
Location Number Street City State Zip Country
1 75 S FRONTAGE RD E VAIL CO 81657 USA
2 75 S FRONTAGE RD E VAIL CO 81657 USA
Payment Details
Sep 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 101267 AXON VR - PSO - FULL INSTALLATION 1 $2,215.53 $0.00 $2,215.53
Year 1 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $730.68 $0.00 $730.68
Year 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 2 $2,475.85 $0.00 $2,475.85
Year 1 50448 AXON INTERVIEW - EXT WARRANTY 2 $520.01 $0.00 $520.01
Year 1 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 24 $0.00 $0.00 $0.00
Year 1 80214 AXON EVIDENCE - STORAGE - FLEET 24 $3,014.84 $0.00 $3,014.84
Year 1 80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD SERVER 1 $184.52 $0.00 $184.52
Year 1 80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 $579.23 $0.00 $579.23
Year 1 87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 $2,572.00 $0.00 $2,572.00
Year 1 B00022 BUNDLE - UNLIMITED PLUS 6 $15,840.08 $0.00 $15,840.08
Year 1 H00001 AB4 Camera Bundle 37 $0.00 $0.00 $0.00
Year 1 H00002 AB4 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00
Year 1 M00012 BUNDLE - OFFICER SAFETY PLAN 10 PLUS 31 $86,662.08 $0.00 $86,662.08
Invoice Upon Fulfillment 100552 TRANSFER CREDIT - GOODS 1 $13,700.11 $0.00 $13,700.11
Invoice Upon Fulfillment 100553 TRANSFER CREDIT - SOFTWARE AND SERVICES 1 ($26,993.58)$0.00 ($26,993.58)
Total $101,501.35 $0.00 $101,501.35
Sep 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 101267 AXON VR - PSO - FULL INSTALLATION 1 $2,304.15 $0.00 $2,304.15
Year 2 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $759.91 $0.00 $759.91
Year 2 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 2 $2,574.88 $0.00 $2,574.88
Year 2 50448 AXON INTERVIEW - EXT WARRANTY 2 $540.81 $0.00 $540.81
Year 2 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 24 $0.00 $0.00 $0.00
Year 2 80214 AXON EVIDENCE - STORAGE - FLEET 24 $3,135.44 $0.00 $3,135.44
Year 2 80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD SERVER 1 $191.90 $0.00 $191.90
Year 2 80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 $602.40 $0.00 $602.40
Year 2 87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 $2,674.88 $0.00 $2,674.88
Year 2 B00022 BUNDLE - UNLIMITED PLUS 6 $16,473.72 $0.00 $16,473.72
Year 2 H00001 AB4 Camera Bundle 37 $0.00 $0.00 $0.00
Year 2 H00002 AB4 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00
Year 2 M00012 BUNDLE - OFFICER SAFETY PLAN 10 PLUS 31 $90,128.52 $0.00 $90,128.52
Total $119,386.61 $0.00 $119,386.61
Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 101267 AXON VR - PSO - FULL INSTALLATION 1 $2,396.31 $0.00 $2,396.31
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Sep 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $790.30 $0.00 $790.30
Year 3 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 2 $2,677.88 $0.00 $2,677.88
Year 3 50448 AXON INTERVIEW - EXT WARRANTY 2 $562.44 $0.00 $562.44
Year 3 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 24 $0.00 $0.00 $0.00
Year 3 80214 AXON EVIDENCE - STORAGE - FLEET 24 $3,260.85 $0.00 $3,260.85
Year 3 80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD SERVER 1 $199.57 $0.00 $199.57
Year 3 80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 $626.49 $0.00 $626.49
Year 3 87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 $2,781.88 $0.00 $2,781.88
Year 3 B00022 BUNDLE - UNLIMITED PLUS 6 $17,132.67 $0.00 $17,132.67
Year 3 H00001 AB4 Camera Bundle 37 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00
Year 3 M00012 BUNDLE - OFFICER SAFETY PLAN 10 PLUS 31 $93,733.68 $0.00 $93,733.68
Total $124,162.07 $0.00 $124,162.07
Sep 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 101267 AXON VR - PSO - FULL INSTALLATION 1 $2,492.16 $0.00 $2,492.16
Year 4 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $821.92 $0.00 $821.92
Year 4 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 2 $2,784.99 $0.00 $2,784.99
Year 4 50448 AXON INTERVIEW - EXT WARRANTY 2 $584.94 $0.00 $584.94
Year 4 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 24 $0.00 $0.00 $0.00
Year 4 80214 AXON EVIDENCE - STORAGE - FLEET 24 $3,391.29 $0.00 $3,391.29
Year 4 80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD SERVER 1 $207.56 $0.00 $207.56
Year 4 80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 $651.55 $0.00 $651.55
Year 4 87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 $2,893.15 $0.00 $2,893.15
Year 4 B00022 BUNDLE - UNLIMITED PLUS 6 $17,818.01 $0.00 $17,818.01
Year 4 H00001 AB4 Camera Bundle 37 $0.00 $0.00 $0.00
Year 4 H00002 AB4 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00
Year 4 M00012 BUNDLE - OFFICER SAFETY PLAN 10 PLUS 31 $97,482.99 $0.00 $97,482.99
Total $129,128.56 $0.00 $129,128.56
Sep 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 101267 AXON VR - PSO - FULL INSTALLATION 1 $2,591.85 $0.00 $2,591.85
Year 5 50043 AXON INTERVIEW - STREAMING SERVER MAINTENANCE - PER SERVER 2 $854.79 $0.00 $854.79
Year 5 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 2 $2,896.39 $0.00 $2,896.39
Year 5 50448 AXON INTERVIEW - EXT WARRANTY 2 $608.33 $0.00 $608.33
Year 5 73390 AXON FLEET - CRADLEPOINT ROUTER TRANSFERRED WARRANTY 24 $0.00 $0.00 $0.00
Year 5 80214 AXON EVIDENCE - STORAGE - FLEET 24 $3,526.94 $0.00 $3,526.94
Year 5 80218 AXON FLEET - SOFTWARE LICENSE - WI-FI OFFLOAD SERVER 1 $215.86 $0.00 $215.86
Year 5 80397 AXON FLEET 2 - EXT WARRANTY - FLEET 2 KIT 24 $677.61 $0.00 $677.61
Year 5 87050 AXON EVIDENCE - FLEET VIEW XL LICENSE 24 $3,008.88 $0.00 $3,008.88
Year 5 B00022 BUNDLE - UNLIMITED PLUS 6 $18,530.71 $0.00 $18,530.71
Year 5 H00001 AB4 Camera Bundle 37 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 3 $0.00 $0.00 $0.00
Year 5 M00012 BUNDLE - OFFICER SAFETY PLAN 10 PLUS 31 $101,382.34 $0.00 $101,382.34
Total $134,293.70 $0.00 $134,293.70
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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to
the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix
as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
86
Page 10 Q-552053-45426.773KH
Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):
Q-309450, Q-360522, Q-380121, Q-418673, Q-434749, Q-451986, Q-452054, Q-502096, Q-510723, Q-542046
Agency is terminating those contracts effective 10/15/2024 Any changes in this date will result in modification of the program value which may result in additional
fees or credits due to or from Axon.
The parties agree that Axon is applying a Net Transfer Credit of -$13,293.47
Any credits contained in this quote are contingent upon payment in full of the following amounts:
payment of pending invoices: Q-502096- $17,069.46; Q-451986- $11,651.5; Q-309450- $102,088
100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing
contract #00062443. All TAP obligations from this contract will be considered fulfilled upon execution of this quote.
\s1\\d1\
Signature Date Signed
5/14/2024
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88
AGENDA ITEM NO. 4.5
Item Cover Page
DATE:June 18, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Hess Contracting Inc. to Complete the 2024
Vail Concrete & Framework
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Hess Contracting Inc. to
complete the 2024 Vail Concrete & Framework, in an amount not to
exceed $185,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Vail Town Council - 2024-06-13T120943.452
89
1.Call to Order
2.Public Participation (10 min.)
3.Any action as a result of executive session
4.Consent Agenda
4.1 Resolution No. 29, Series of 2024, A Resolution of the Vail
Town Council Approving a Memorandum of
Understanding among the Naval Criminal Investigative
Service and Participating Federal, State, County and
Municipal Agencies for an Information Sharing Initiative
known as the Law Enforcement Information Exchange
Rocky Mountain (LInX Rocky Mountain)
Approve, approve with amendments, or deny Resolution No.
29, Series of 2024.
Background: The Town wishes to enter into a memorandum of
understanding between NCIS and the Federal, State and local
law enforcement information sharing initiative for operation of a
regional warehouse of databases, LInX Rocky Mountain.
4.2 Resolution No 30, Series of 2024, A Resolution of the Vail
Town Council Approving an Intergovernmental Agreement
(24-PA-11021500-49) between the Town of Vail And the
USDA Forest Service White River National Forest
Concerning the Wildland Fire Mitigation Program
Approve, approve with amendments, or deny Resolution No.
30, Series of 2024.
Background: This is one of two participating agreements for
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
The Grandview, 395 S. Frontage Road W. Vail, CO 81657
and virtually by Zoom:
6:00 PM, June 18, 2024
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Public participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Resolution No. 2024 - LINx MOU.docx
Exhibit A. Rocky Mountain LInX MOU.pdf
90
the implementation of the Booth Creek Fuels Reduction
project.
4.3 Resolution No. 31 Series of 2024, A Resolution of the Vail
Town Council Approving an Intergovernmental Agreement
(24-PA-11021500-48) between the Town of Vail And The
USDA Forest Service White River National Forest
Concerning The Wildland Fire Mitigation Program
Approve, approve with amendments or deny Resolution No.
31, Series of 2024.
Background: This is of two participation agreements for the
implementation of the Booth Creek Fuels Reduction Project.
4.4 Contract Award to AXON Enterprise, Inc. for Renewal of
AXON Master Services
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with AXON Enterprises
Inc. for a five-year renewal, in the amount not to exceed
$608,472.29 over five years, based on appropriations during
the budget process.
Background: The Vail Police Department would like to sign a
new 5-year contract with AXON Enterprises, which allow them
to combine all services into one contract and clean up billing.
4.5 Contract Award to Hess Contracting INC to complete the
2024 Vail Concrete & Framework Contract
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Hess Contracting
INC to complete the 2024 Vail Concrete & Framework
contract, in an amount not to exceed $185,000.00.
Background:
This Contract is to provide concrete drainage pans at various
locations in Vail and three concrete bus shelters pads in East
Vail.
5.Action Item
5.1 Contract Award to Fehr & Peers Consulting Group for
Transit Route/Operations Optimization Planning
10 Min
Authorize the Town Manager to enter into a contract, as
approved by the Town Attorney, with Fehr & Peers Consulting
Participating Agreement Council Memo 06042024_mn.docx
Resolution_No._30_2024_-__USFS_Participating_Agreement.docx
24PA11021500049_Vail Fuels_For Vail Signature.pdf
Participating Agreement Council Memo 06042024_mn.docx
Resolution No. 31 2024 - USFS Participating Agreement.docx
24PA11021500048_Vail Fuels_BIL_For Vail Signature.pdf
Updated AXON Contract.docx
Q-552053-45426.773KH.pdf
council memo-Concrete.docx
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Group for the Transit Route/Operations Optimization Planning,
in the amount of $90,000 and to supplement the 2024 budget
for this project by $15,000.
Presenter(s): Tom Kassmel
Background: The Town has budgeted to complete a Transit
Optimization Plan. The project will holistically review Vail’s
Transit operations from a routing, scheduling, and operations
standpoint with the goal of optimizing efficiency and service,
assisting in achieving the adopted Strategic Goals.
6.Public Hearings
6.1 Ordinance No. 06, Series of 2024, Second Reading, an
Ordinance Amending Title 12 and Title 14 of the Vail Town
Code to Rename the Current Housing - 1 and Housing - 2
Zone Districts and to Establish a New Community
Housing Zone District and Amending the Town's Zoning
Map Accordingly
5 min.
Approve, approve with amendments, or deny Ordinance No.
06, Series of 2024 upon second reading.
Presenter(s): Greg Roy, Planning Manager
Background: The amendment will change the names of the
housing districts from Housing to Community Housing and add
a third district with a maximum height limit between the two
existing height limits. This update is recommended by the Vail
Local Housing Authority and is intended to provide an
additional housing district with an intermediary height.
6.2 Ordinance No. 07, Series of 2024, Second Reading, An
Ordinance Amending Chapter 1 of Title 5 of the Vail Town
Code Regarding Private Property Drainage
5 min.
Approve, approve with amendments, or deny Ordinance No.
07, Series of 2024, upon second reading.
Presenter(s): Tom Kassmel, Town Engineer
Background: The Town Code does not currently fully address
water runoff from public roads onto private property or vice
versa; nor the maintenance of private driveways within the
public way in a clear manner that is typical of most similar
communities. The proposed Code amendment will clarify
responsibilities of private property owners.
7.Adjournment 6:35pm (estimate)
Memo-Transit Planning Contract Award6-18.docx
Ord #6 of 2024 Staff Memo.pdf
Attachment A. Ordinance No. 06 Series of 2024
Attachment B. PEC24-0014 Memo 5-13-24
Attachment C. PEC Results 5-13-24
Memo-CodeUpdateDrainage6-18.docx
Drainage Code Amendment Ordinance_No._7__Series_of_2024.docx
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
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www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:June 18, 2024
TIME:10 Min
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Action Items
AGENDA SECTION:Action Item
SUBJECT:Contract Award to Fehr & Peers Consulting Group for Transit
Route/Operations Optimization Planning
SUGGESTED ACTION:Authorize the Town Manager to enter into a contract, as approved by
the Town Attorney, with Fehr & Peers Consulting Group for the
Transit Route/Operations Optimization Planning, in the amount of
$90,000 and to supplement the 2024 budget for this project by
$15,000.
PRESENTER(S):Tom Kassmel
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Memo - Transit Planning Contract Award 2024-06-18
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To:Vail Town Council
From:Public Works Department
Date:June 18, 2024
Subject:Contract Award for Transit Route/Operations Optimization Planning
I.SUMMARY
The Town received one proposal for the Transit Route/Operations Optimization
Planning project from Fehr & Peers Consulting Group for $90,000. Fehr & Peers is the
current consultant group completing the Go Vail 2045 Mobility and Transportation
Master Plan and the consultant completing the Eagle Valley Transit Authority (EVTA)
long range planning project. The insight from each of these projects will be beneficial to
the completion of this planning project.
This project will wholistically review Vail’s Transit operations from a routing, scheduling,
and operations standpoint with the goal of optimizing efficiency and service. This
planning project will assist in achieving the recent Council adopted Strategic Goals
which includes increasing transit usage throughout town over the next several years.
This goal coupled with the need to add frequency and bus route(s) to serve the needs of
the increased housing developments, and to adjust/coordinate with the increased bus
service and frequency from the EVTA, supports the need for this planning study.
The current budget for this project was set at $75,000. Staff recommends
supplementing the necessary $15,000 to complete this project. Staff expects to have
$15,000-$20,000 in savings from the Go Vail 2045 budget that can likely offset this
supplemental.
II.RECOMMENDATION
Authorize the Town Manager to enter into a contract with Fehr & Peers, as approved by
the Town Attorney, in the amount of $90,000; and to supplement the 2024 budget for
this project by $15,000.
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:June 18, 2024
TIME:5 min.
SUBMITTED BY:Steph Johnson, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 06, Series of 2024, Second Reading, an Ordinance
Amending Title 12 and Title 14 of the Vail Town Code to Rename
the Current Housing - 1 and Housing - 2 Zone Districts and to
Establish a New Community Housing Zone District and
Amending the Town's Zoning Map Accordingly
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 06,
Series of 2024 upon second reading.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ord #6 of 2024 Staff Memo.pdf
Attachment A. Ordinance No. 06 Series of 2024
Attachment B. PEC24-0014 Memo 5-13-24
Attachment C. PEC Results 5-13-24
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TO: Town Council
FROM: Community Development Department
DATE: June 18, 2024
SUBJECT: Second reading of Ordinance No. 6, Series of 2024, an ordinance amending Title
12 and Title 14 of the Vail Town Code to rename the current Housing and Housing-
2 Zone Districts and to establish a new Community Housing Zone District and
amending the Town’s Zoning Map accordingly.
Applicant: Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group
Planner: Greg Roy, Planning Manager
I. SUMMARY
The applicant, Town of Vail and the Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is proposing to amend Title 12 and Title 14. This
update is recommended by the Vail Local Housing Authority and is intended to provide
an additional housing district with an intermediary height. The amendment will change the
names of the housing districts from Housing to Community Housing and add a third district
with a maximum height limit between the two existing height limits.
On May 13, 2024, the Planning and Environmental Commission (PEC) voted 5-0 to
recommend approval of the proposed amendments (PEC24-0014). On June 4th, Town
Council approved Ordinance No. 6, Series of 2024 on first reading.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
6, Series of 2024 on second reading.
III. DESCRIPTION OF REQUEST
The proposed Prescribed Regulation Amendment will amend Title 12 and Title 14 of the
Vail Town Code to rename the current Housing and Housing -2 Districts and to establish
a new Community Housing zone district. Please see the attached documents for review.
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A. Ordinance No. 6, Series of 2024
B. PEC24-0014 Staff Report 5-13-24
C. PEC Results 5-13-24
IV. BACKGROUND
The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later
amended that same year with Ordinance No. 19, Series of 2001, which included
grammatical corrections and references to other sections of Town Code. With Ordinance
No. 29, Series of 2005, additional grammatical corrections were made as well as changes
to permitted and accessory uses. Bicycle and Pedestrian paths were added to the
permitted uses and Child Daycare Facilities were added as an accessory use.
Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These
policies encourage the development of housing in the Town of Vail. In accordance with
those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello
Planning Group have worked on a code amendment for the Housing (H) Zone District in
an effort to encourage more private development in the Town. This is proposed by
amending the district’s open standards that are set by the PEC and providing a set of
standards that would produce an orderly development in any lot zoned Housing.
The Planning and Environmental Commission reviewed a similar proposal in September,
where a recommendation of approval was forwarded to Town Council. Town Council
considered the code amendment in the form of Ordinance No. 23, Series of 2023 but a
motion to approve on first reading failed with a vote of 3-3. There was no follow-up motion
and the item did not move forward.
In December of 2023 the PEC forwarded a recommendation to adopt language that
included the addition of the Housing Two (H-2) District. That district is the same as the
Housing (H) District with the exception of the maximum height. While the H District has a
maximum height of 70 feet for a flat roof and 82.5 feet for a sloping roof, the H-2 district
has a maximum height of 35 feet for a flat roof and 43 feet for a sloping roof. The purpose
of the H-2 district was to allow the development of housing in areas where reduced
heights would be more appropriate.
The proposal that is the subject of this report is to add to this previous work and create
another district that has an in-between height limit with a 45 foot limit for flat roofs and 53
foot limit for sloped roofs. This allows for more options for potential properties that may
desire more height than the current H-2 district, but where the limits of the H-1 are too tall.
A second part of the proposal would change the start of the name of the Housing districts
to “Community Housing”. The names would also be amended so that the number “1”
district would be the shortest, progressing up to number “3” which would be the tallest.
“Housing” to “Community Housing-3” – 82.5’ limit (sloped)
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New “Community Housing-2” – 53’ limit (sloped)
“Housing-2” to “Community Housing-1” – 43’ limit (sloped)
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 6, Series of 2024, on
second reading, staff recommends the Council pass the following motion:
“The Vail Town Council approves, on second reading, Ordinance No. 6,
Series of 2024, an ordinance amending Title 12 and Title 14 of the Vail Town
Code to rename the current Housing and Housing-2 Zone Districts and to
establish a new Community Housing Zone District and amending the
Town’s Zoning Map accordingly.”
Should the Vail Town Council choose to approve Ordinance No. 6 Series of 2024, staff
recommends the Council make the following findings: “The Vail Town Council finds:”
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious development of
the town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the
highest quality.”
Vl. ATTACHMENTS
A. Proposed Ordinance No. 6, Series of 2024
B. PEC24-0014 Staff Report 5-13-24
C. PEC Results 5-13-24
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ORDINANCE NO. 06
SERIES OF 2024
AN ORDINANCE AMENDING TITLE 12 AND TITLE 14 OF THE VAIL
TOWN CODE TO RENAME THE CURRENT HOUSING AND HOUSING-2
ZONE DISTRICTS AND TO ESTABLISH A NEW COMMUNITY HOUSING
ZONE DISTRICT AND AMENDING THE TOWN'S ZONING MAP
ACCORDINGLY
WHEREAS, the Town's economy is largely tourist based and the health of its
economy is premised on exemplary service for the Town's guests, and the Town's ability
to provide such service is dependent upon a strong, high quality and consistently
available work force;
WHEREAS, to achieve such a work force, the Town desires to promote community
housing options available to the workforce of the Town; and
WHEREAS, the Town desires to add a new community housing district and
rename the two current housing districts to further achieve this goal.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-4-1 of the Vail Town Code is hereby amended as follows:
§ 12-4-1. DESIGNATED.
The following zone districts are established:
(A)Hillside Residential (HR) District;
(B)Single-Family Residential (SFR) District;
(C)Two-Family Residential (R) District;
(D)Two-Family Primary/Secondary Residential (PS) District;
(E)Residential Cluster (RC) District;
(F)Low Density Multiple-Family (LDMF) District;
(G)Medium Density Multiple-Family (MDMF) District;
(H)High Density Multiple-Family (HDMF) District;
(I)West Vail Multi-Family (WVMF) Overlay District;
(I)Housing (H) District;
(J)Community Housing–1 (CH-1) District;
(K)Community Housing–2 (CH-2) District;
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(L) Community Housing–3 (CH-3) District;
(M) Vail Village Townhouse (VVT) District;
(K)(N) Public Accommodation (PA) District;
(L)(O) Commercial Core 1 (CC1) District;
(M)(P) Commercial Core 2 (CC2) District;
(N)(Q) Commercial Core 3 (CC3) District;
(O)(R) Commercial Service Center (CSC) District;
(P)(S) Arterial Business (ABD) District;
(Q)(T) Heavy Service (HS) District;
(R)(U) Lionshead Mixed Use 1 (LMU-1) District;
(S)(V) Lionshead Mixed Use 2 (LMU-2) District;
(T)(W) Public Accommodation-2 (PA-2) District;
(U)(X) Agricultural and Open Space (A) District;
(V)(Y) Outdoor Recreation (OR) District;
(W)(Z) Natural Area Preservation (NAP) District;
(X)(AA) Ski Base/Recreation (SBR) District;
(Y)(BB) Ski Base/Recreation 2 (SBR2) District;
(Z)(CC) Special Development (SDD) District;
(AA)(DD) Parking (P) District; and
(BB)(EE) General Use (GU) District.
Section 2. Article 6I of Title 12 of the Vail Town Code is hereby repealed in its
entirety.
Section 3. Article 6L of Title 12 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
ARTICLE 12-6L. COMMUNITY HOUSING-1 (CH-1) DISTRICT.
§ 12-6L-1. PURPOSE.
The Community Housing-1 (CH-1) District is intended to provide adequate
sites for employee housing which, because of the nature and characteristics
of employee housing, cannot be adequately regulated by the development
standards prescribed for other residential zone districts. This zone district
allows flexibility to provide for the critical need for housing to serve local
citizens and businesses, and to provide for the public welfare. The CH-1
District is intended to ensure that employee housing is appropriately located
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and designed to meet the needs of residents of the Town , to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses.
§ 12-6L-2. PERMITTED USES.
The following uses are permitted in the CH-1 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communications facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6L-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-1 District, subject to
issuance of a conditional use permit: public and private schools.
§ 12-6L-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-1 District:
(A) Home occupations, subject to issuance of a home occupation;
(B) Childcare facilities;
(C) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(D) Dwelling units other than employee housing units, if:
(1) Such dwelling units are created solely for the purpose of
subsidizing employee housing on the property;
(2) Such dwelling units are not the primary use of the property;
(3) The GRFA for such dwelling units does not exceed thirty
percent (30%) of the total GRFA constructed on the property;
(4) Such dwelling units are only created in conjunction with
employee housing; and
(5) Such dwelling units are compatible with the proposed uses
and buildings on the site and are compatible with buildings and uses
on adjacent properties.
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(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6L-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6L-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6L-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6L-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6L-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed thirty-
five (35) feet. For a sloping roof, the height of buildings shall not exceed
forty-three (43) feet.
§ 12-6L-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6L-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6L-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit. Applications shall include: number and layout of
parking spaces being provided onsite; details of any offsite parking being
provided; details of bicycle parking provided onsite; and provisions for guest
parking and assigned parking spaces.
§ 12-6L-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
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(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact spaces,
if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial areas.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved site plan.
(5) At no time shall parking extend into required drive aisles.
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(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of surveys of residents concerning parking;
(4) Reports of any code enforcement/fire/parking complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
Section 4. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6M to read as follows:
ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT.
§ 12-6M-1. PURPOSE.
The CH-2 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-2 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-2 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-2 District is
intended to apply to properties located in areas developed with low- to
medium-density residential uses.
§ 12-6M-2. PERMITTED USES.
The following uses are permitted in the CH-2 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
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(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds, and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
§ 12-6M-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-2 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental to the use of
employee housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional use
permit:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6M-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-2 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
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(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties.
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6M-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6M-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6M-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6M-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty-
five (45) feet. For a sloping roof, the height of buildings shall not exceed
fifty-three (53) feet.
§ 12-6M-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6M-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6M-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include the number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
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§ 12-6M-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
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(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6M-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 5. Chapter 6 of Title 12 of the Vail Town Code is hereby amended by
the addition of a new Article 12-6N to read as follows:
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ARTICLE 6N. COMMUNITY HOUSING-3 (CH-3) DISTRICT.
§ 12-6N-1. PURPOSE.
The CH-3 District is intended to provide adequate sites for employee
housing which, because of the nature and characteristics of employee
housing, cannot be adequately regulated by the development standards
prescribed for other residential zone districts. The CH-3 District provides
flexibility to provide for the critical need for housing to serve local citizens
and businesses, and to provide for the public welfare. The CH-3 District is
intended to ensure that employee housing is appropriately located and
designed to meet the needs of Town residents, to harmonize with
surrounding uses, and to ensure adequate light, air, open spaces and other
amenities appropriate to the allowed types of uses. The CH-3 District is
intended to apply to properties located in high-density residential or mixed-
use areas.
§ 12-6N-2. PERMITTED USES.
The following uses are permitted in the CH-3 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and
appurtenant equipment.
§ 12-6N-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-3 District, subject to
issuance of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental to the use of
employee housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing, in
which case the following uses may be allowed subject to a conditional use
permit:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
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(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats,
beauty and barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6N-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-3 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or
carports, swimming pools or recreation facilities customarily incidental to
permitted residential uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units, if such dwelling
units:
(1) Are created solely for the purpose of subsidizing employee
housing on the property;
(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA
constructed on the property; and
(4) Are compatible with the proposed uses and buildings on the
site and are compatible with buildings and uses on adjacent
properties; and
(E) Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
§ 12-6N-5. SETBACKS.
The minimum front setback shall be twenty (20) feet , the minimum side
setback shall be fifteen (15) feet, and the minimum rear setback shall be
fifteen (15) feet.
§ 12-6N-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area.
If at least seventy-five percent (75%) of the required parking spaces are
underground or enclosed, site coverage may be increased to sixty -five
percent (65%).
§ 12-6N-7. LANDSCAPING AND SITE DEVELOPMENT.
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At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6N-8. LOT AREA.
The minimum lot area shall be ten thousand (10,000) square feet.
§ 12-6N-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed
seventy (70) feet. For a sloping roof, the height of buildings shall not exceed
eighty-two and a half (82.5) feet.
§ 12-6N-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6N-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6N-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking
spaces per dwelling unit or employee housing unit, which represents all
parking, including visitor parking. Applications shall include number and
layout of onsite parking spaces; details of any offsite parking being
provided; onsite bicycle parking; provisions for guest parking; and assigned
parking spaces.
§ 12-6N-13. MOBILITY.
(A) General. Developments providing less than the prescribed number
of parking spaces shall require a Mobility Management Plan approved by
the Planning and Environmental Commission.
(B) Mobility Management Plan. The Mobility Management Plan shall
include:
(1) Layout of proposed covered and uncovered parking including
applicable dimensions, provisions for stacked parking and compact
spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated
to units and if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a
determination is made by the Administrator that such study is
unnecessary due to the scale and character of the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
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(8) Provisions for off-site vehicle storage, which may be located
at any distance from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of
proposed beds in relation to the proximity of the development to core
services and public transit, based on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other
provided mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility
Management Plan, the following performance standards shall be
maintained:
(1) Personal vehicles shall not be parked in areas designated for
fire service or in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties
unless permission has been obtained in writing and provided to and
approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-
way.
(4) Personal vehicles shall not be parked in areas other than
designated spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
(6) Goods, trailers, campers, or unlicensed vehicles shall not be
stored in designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe
and functional condition.
(E) Reporting. For the first two (2) years following the implementation of
a Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the
anniversary of the first-issued certificate of occupancy for the development,
including the following information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
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(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management
Plan shall be submitted to the Planning and Environmental Commission
Meeting for approval at a public hearing in accordance with § 12-3-6.
§ 12-6N-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted
entirely within a building, except for permitted loading areas and such
activities as specifically authorized to be unenclosed by a conditional use
permit, and the outdoor display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall
be located directly in front of the establishment displaying the goods and
entirely upon the establishment's own property. Sidewalks, building
entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Section 6. Section 12-13-3(E) of the Vail Town Code is hereby repealed in its
entirety.
Section 7. The table in Section 12-13-4 of the Vail Town Code is hereby
amended as follows:
a. By the deletion of "As governed by the management plan" from the
"Ownership/Transference" column for Type VI;
b. By the deletion of "As determined by the PEC" and addition of "NA" from
the "Additional GRFA," "Additional Site Coverage/Reduced Landscape Area", "Garage
Credit/Storage Requirement," "Minimum/Maximum GRFA of an EHU," and "Density"
columns for Type VI;
c. By the deletion of "Per Chapter 10 of this Title as a dwelling unit or a parking
management plan Per Chapter 6, article I, "Housing (H) District," of this Title" and the
addition of "as permitted by the zone district" from the "Parking" column for Type VI
Employee Housing Units; and
d. By the deletion of "Housing" and "Housing district" from the "Zoning Districts
Permitted by Right" column under the rows for Type VI, Type VII-CL, Type VII-IZ, and the
addition of "Community Housing-1, Community Housing-2, Community Housing-3" in the
cells for the same.
Section 8. The table in Section 12-15-2 of the Vail Town Code is hereby
amended as follows:
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a. By the deletion the third column "GRFA Credits (Added to results of
Application of Percentage)";
b. By the deletion of the row entitled "H Housing"; and
c. By the addition of the following new rows, to be inserted as the last three
rows in the table:
Zone Districts GRFA Ratio
CH-1 No limitation
CH-2 No limitation
CH-3 No limitation
Section 9. Section 12-15-3 of the Vail Town Code is hereby amended as
follows:
§ 12-15-3 DEFINITION, CALCULATION AND EXCLUSIONS.
* * *
(B) Within the Residential Cluster (RC), Low Density Multiple -Family
(LDMF), Medium Density Multiple-Family (MDMF), High Density Multiple-
Family (HDMF), Housing (H) and Vail Village Townhouse (VVT) Districts,
Community Housing – 1 (CH-1), Community Housing – 2 (CH-2), and
Community Housing – 3 (CH-3).
* * *
(C) Within all other districts except the Hillside Residential (HR), Single-
Family Residential (SFR), Two-Family Residential (R), Two-Family
Primary/Secondary (PS), Residential Cluster (RC), Low Density Multiple-
Family (LDMF), Medium Density Multiple-Family (MDMF), High Density
Multiple-Family (HDMF), Housing (H) and Vail Village Townhouse (VVT)
Districts.
Section 10. Section 12-16-7(B)(15) of the Vail Town Code is repealed in its
entirety.
Section 11. Section 12-21-10(D) of the Vail Town Code is hereby amended as
follows:
§ 12-21-10 DEVELOPMENT RESTRICTED.
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* * *
(D) No structure shall be constructed on a slope of forty percent (40%)
or greater except in the following zone districts: Housing (H), Single-Family
Residential (SFR); Two-Family Residential (R); or Two-Family
Primary/Secondary Residential (PS); or West Vail Multi-Family Overlay
Districts; Community Housing – 1 (CH-1); Community Housing – 2 (CH-
2); or Community Housing – 3 (CH-3).
Section 12. Section 14-6-7(A)(1) of the Vail Town Code is hereby amended as
follows:
§ 14-6-7 RETAINING WALLS.
(A) General.
(1) All retaining walls are reviewed by the Design Review Board
or the Administrator to determine compatibility to the existing
topography of and the materials in use. Retaining walls shall not
exceed an exposed face height of six (6) feet, except in the H or H-2
CH-1, CH-2, or CH-3 Districts, where retaining walls shall not exceed
an exposed face height of fifteen (15) feet. Within a front setback,
retaining walls shall not exceed an exposed face height of three feet,
unless related to access to or development of a structure on
excessive slopes (in excess of thirty percent (30%)). Retaining walls
associated with a street located within a public right-of-way or access
to an underground covered parking structure are exempt from these
height limits but shall be approved by the Design Review Board and
shall meet the standards prescribed in § 14-10-3.
* * *
Section 13. Chapter 8 of Title 14 of the Vail Town Code is hereby repealed in its
entirety.
Section 14. Section 14-10-9(E) of the Vail Town Code is hereby amended as
follows:
§ 14-10-9 FENCES, HEDGES, WALLS AND SCREENING.
* * *
(E) Height limitations. Fences, hedges, walls and landscaping screens
shall not exceed three (3) feet in height within any required front setback
area and shall not exceed six (6) feet in height in any other portion of the
site, except in the Community Housing-1 (CH-1), Community Housing-
2 (CH-2), and Community Housing–3 (CH-3) Districts where retaining
walls shall not exceed an exposed face height of fifteen (15) feet.
Higher fences, hedges, walls or landscaping screens may be authorized by
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the Administrator when necessary to screen public utility equipment. No
barbed wire or electrically charged fence shall be erected or maintained.
Section 15. The Town's zoning map shall be updated to rename the current
Housing (H) and Housing-2 (H-2) zone districts to Community Housing-3 (CH-3) and
Community Housing-1 (CH-1) respectively.
Section 16. If any part, Section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, Section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts , Sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 17. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 18. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of t he provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 19. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2024 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2024, in the Council Chambers of the Vail Municipal Buildin g, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2024.
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_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Kauffman, Town Clerk
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TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 13, 2024
SUBJECT: A request for the review of a Prescribed Regulation Amendment pursuant to
Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 and Title 14 of
the Vail Town Code to rename the current Housing-1 and Housing-2 Districts and
to establish a new Community Housing zone district (PEC24-0014)
Applicant: Town of Vail and Vail Local Housing Authority, represented by
Dominic Mauriello of Mauriello Planning Group
Planner: Greg Roy
I. SUMMARY
The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is proposing to amend Title 12 and Title 14. This
update is recommended by the Vail Local Housing Authority and is intended to provide an
additional housing district with an intermediary height . The amendment will change the
names of the housing districts from Housing to Community Housing and add a third
district with a maximum height limit between the two existing height limits.
II. DESCRIPTION OF REQUEST
The applicant, Town of Vail and Vail Local Housing Authority, represented by Dominic
Mauriello of Mauriello Planning Group, is requesting that the Planning and Environmental
Commission forward a recommendation of approval, with condition, to the Vail Town
Council for amendments to Title 12 and Title 14 of the Vail Town Code to rename the
current Housing-1 and Housing-2 Districts and to establish a new Community Housing
zone district.
III. BACKGROUND
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The Housing (H) District was created with Ordinance No. 3, Series of 2001. It was later
amended that same year with Ordinance No. 19, Series of 2001, which included
grammatical corrections and references to other sections of Town Code. With Ordinance
No. 29, Series of 2005, additional grammatical corrections were made as well as changes
to permitted and accessory uses. Bicycle and Pedestrian paths were added to the
permitted uses and Child Daycare Facilities were added as an accessory use.
Resolution No. 30, Series of 2018 adopted the Vail Housing Policy Statements. These
policies encourage the development of housing in the Town of Vail . In accordance with
those statements, the Vail Local Housing Authority (VLHA), Town staff, and Mauriello
Planning Group have worked on a code amendment for the Housing (H) Zone District in
an effort to encourage more private development in the Town. This is proposed by
amending the district’s open standards that are set by the PEC and providing a set of
standards that would produce an orderly development in any lot zoned Housing.
The Planning and Environmental Commission reviewed a similar proposal in September,
where a recommendation of approval was forwarded to Town Council. Town Council
considered the code amendment in the form of Ordinance No. 23, Series of 2023 but a
motion to approve on first reading failed with a vote of 3-3. There was no follow-up motion
and the item did not move forward.
In December of 2023 the PEC forwarded a recommendation to adopt language that
included the addition of the Housing Two (H-2) District. That district is the same as the
Housing (H) District with the exception of the maximum height. While the H District has a
maximum height of 70 feet for a flat roof and 82.5 feet for a sloping roof, the H-2 district
has a maximum height of 35 feet for a flat roof and 43 feet for a sloping roof. The purpose
of the H-2 district was to allow the development of housing in areas where reduced
heights would be more appropriate.
The proposal that is the subject of this report is to add to this previous work and create
another district that has an in-between height limit with a 45 foot limit for flat roofs and 53
foot limit for sloped roofs. This allows for more options for potential properties that may
desire more height than the current H-2 district, but where the limits of the H-1 are too tall.
A second part of the proposal would change the start of the name of the Housing districts
to “Community Housing”. The names would also be amended so that the number “1”
district would be the shortest, progressing up to number “3” which would be the tallest.
“Housing” to “Community Housing-3” – 82.5’ limit (sloped)
New “Community Housing-2” – 53’ limit (sloped)
“Housing-2” to “Community Housing-1” – 43’ limit (sloped)
IV. PROPOSED TEXT AMENDMENT LANGUAGE
Please see Attachment A for the proposed language for Section 12-6I, 12-6L, 14-6-7, and
14-10-9 Vail Town Code. Below are the changes to the Housing (H) District. These are
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included in the staff report to show the changes from the current code language to the
proposed. The bold lettering represents the added proposed language and the red
strikethrough represents removed language.
Proposed language:
§ 12-4-1. DESIGNATED.
The following zone districts are established:
(A) Hillside Residential (HR) District;
(B) Single-Family Residential (SFR) District;
(C) Two-Family Residential (R) District;
(D) Two-Family Primary/Secondary Residential (PS) District;
(E) Residential Cluster (RC) District;
(F) Low Density Multiple-Family (LDMF) District;
(G) Medium Density Multiple-Family (MDMF) District;
(H) High Density Multiple-Family (HDMF) District;
(I) West Vail Multi-Family (WVMF) Overlay District;
(I) Housing (H) District;
(J) Community Housing–1 (CH-1) District;
(K) Community Housing–2 (CH-2) District;
(L) Community Housing–3 (CH-3) District;
(M) Vail Village Townhouse (VVT) District;
(K)(N) Public Accommodation (PA) District;
(L)(O) Commercial Core 1 (CC1) District;
(M)(P) Commercial Core 2 (CC2) District;
(N)(Q) Commercial Core 3 (CC3) District;
(O)(R) Commercial Service Center (CSC) District;
(P)(S) Arterial Business (ABD) District;
(Q)(T) Heavy Service (HS) District;
(R)(U) Lionshead Mixed Use 1 (LMU-1) District;
(S)(V) Lionshead Mixed Use 2 (LMU-2) District;
(T)(W) Public Accommodation-2 (PA-2) District;
(U)(X) Agricultural and Open Space (A) District;
(V)(Y) Outdoor Recreation (OR) District;
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(W)(Z) Natural Area Preservation (NAP) District;
(X)(AA) Ski Base/Recreation (SBR) District;
(Y)(BB) Ski Base/Recreation 2 (SBR2) District;
(Z)(CC) Special Development (SDD) District;
(AA)(DD) Parking (P) District; and
(BB)(EE) General Use (GU) District.
Article 6IL: Community Housing-3 (H-3) District
Article 6LJ: Community Housing-1 Two (H-2-1) District
ARTICLE 6M. COMMUNITY HOUSING-2 (CH-2) DISTRICT.
§ 12-6M-1. PURPOSE.
The CH-2 District is intended to provide adequate sites for employee housing which,
because of the nature and characteristics of employee housing, cannot be
adequately regulated by the development standards prescribed for other residential
zone districts. The CH-2 District provides flexibility to provide for the critical need
for housing to serve local citizens and businesses, and to provide for the public
welfare. The CH-2 District is intended to ensure that employee housing is
appropriately located and designed to meet the needs of Town residents, to
harmonize with surrounding uses, and to ensure adequate light, air, open spaces
and other amenities appropriate to the allowed types of uses. The CH -2 District is
intended to apply to properties located in areas developed with low- to medium-
density residential uses.
§ 12-6M-2. PERMITTED USES.
The following uses are permitted in the CH-2 District:
(A) Bicycle and pedestrian paths;
(B) Wireless communication facilities;
(C) Employee housing units;
(D) Passive outdoor recreation areas, and open space;
(E) Public buildings, grounds, and facilities;
(F) Public parks and recreational facilities; and
(G) Public utilities installations including transmission lines and appurtenant
equipment.
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§ 12-6M-3. CONDITIONAL USES.
The following conditional uses are permitted in the CH-2 District, subject to issuance
of a conditional use permit:
(A) Public and private schools; and
(B) Commercial uses which are secondary and incidental to the use of
employee housing and specifically serving the needs of the residents of the
development, and developed in conjunction with employee housing, in which case
the following uses may be allowed subject to a conditional use permit:
(1) Automated teller machines;
(2) Banks and financial institutions;
(3) Business offices and professional offices;
(4) Eating and drinking establishments;
(5) Funiculars and other similar conveyances;
(6) Health clubs;
(7) Personal services, including without limitation laundromats, beauty and
barber shops, tailor shops and similar services; and
(8) Retail stores and establishments.
§ 12-6M-4. ACCESSORY USES.
The following accessory uses are permitted in the CH-2 District:
(A) Home occupations, subject to issuance of a home occupation permit;
(B) Private greenhouses, toolsheds, playhouses, attached garages or carports,
swimming pools or recreation facilities customarily incidental to permitted residential
uses;
(C) Childcare facilities;
(D) Dwelling units other than employee housing units if such dwelling units:
(1) Are created solely for the purpose of subsidizing employee housing on the
property;
(2) Are not the primary use of the property;
(3) Do not exceed thirty percent (30%) of the total GRFA constructed on the
property; and
(4) Are compatible with the proposed uses and buildings on the site and are
compatible with buildings and uses on adjacent properties.
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(E) Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
§ 12-6M-5. SETBACKS.
The minimum front setback shall be twenty (20) feet, the minimum side setback shall
be fifteen (15) feet, and the minimum rear setback shall be fifteen (15) feet.
§ 12-6M-6. SITE COVERAGE.
Site coverage shall not exceed fifty-five percent (55%) of the total site area. If at
least seventy-five percent (75%) of the required parking spaces are underground or
enclosed, site coverage may be increased to sixty-five percent (65%).
§ 12-6M-7. LANDSCAPING AND SITE DEVELOPMENT.
At least twenty-five percent (25%) of the total site area shall be landscaped.
§ 12-6M-8. LOT AREA.
The minimum lot area shall be ten thousand (10 ,000) square feet.
§ 12-6M-9. HEIGHT.
For a flat roof or mansard roof, the height of buildings shall not exceed forty-five (45)
feet. For a sloping roof, the height of buildings shall not exceed fifty-three (53) feet.
§ 12-6M-10. DENSITY.
There is no limitation on the number of dwelling units per acre.
§ 12-6M-11. GROSS RESIDENTIAL FLOOR AREA.
There is no limitation on the amount of gross residential floor area.
§ 12-6M-12. PARKING.
Parking shall be provided at a rate of one and five hundredths (1.05) parking spaces
per dwelling unit or employee housing unit, which represents all parking, including
visitor parking. Applications shall include the number and layout of onsite parking
spaces; details of any offsite parking being provided; onsite bicycle parking;
provisions for guest parking; and assigned parking spaces.
§ 12-6M-13. MOBILITY.
(A) General. Developments providing less than the prescribed number of
parking spaces shall require a Mobility Management Plan approved by the Planning
and Environmental Commission.
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(B) Mobility Management Plan. The Mobility Management Plan shall include:
(1) Layout of proposed covered and uncovered parking including applicable
dimensions, provisions for stacked parking and compact spaces, if proposed;
(2) Information on how proposed parking spaces will be allocated to units and
if this allocation is on the form of a deed restriction;
(3) A professionally produced parking study, unless a determination is made by
the Administrator that such study is unnecessary due to the scale and character of
the proposal;
(4) Existence of any bike or vehicle share/shuttle program;
(5) Covered/protected/secured bike parking/storage;
(6) Provisions for guest parking and management;
(7) Provisions for seasonal variations; and
(8) Provisions for off-site vehicle storage, which may be located at any distance
from the site.
(C) Review criteria. To be approved, a Mobility Management Plan shall:
(1) Provide adequate off-street parking for the quantity of proposed beds in
relation to the proximity of the development to core services and public transit, based
on:
(a) Hierarchy of bus routes (regional vs. local);
(b) Proximity to job centers; and
(c) Proximity to commercial area.
(2) Provide adequate off-street parking in consideration of other provided
mobility options including vehicle share/shuttle programs.
(D) Performance standards. After implementation of a Mobility Management
Plan, the following performance standards shall be maintained:
(1) Personal vehicles shall not be parked in areas designated for fire service or
in a dedicated emergency access easement.
(2) Personal vehicles shall not be parked on adjacent properties unless
permission has been obtained in writing and provided to and approved by the Town.
(3) Personal vehicles shall not be parked in the public right-of-way.
(4) Personal vehicles shall not be parked in areas other than designated
spaces as shown on the approved development plan.
(5) At no time shall parking extend into required drive aisles.
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(6) Goods, trailers, campers, or unlicensed vehicles shall not be stored in
designated parking areas.
(7) Bike parking shall be maintained at all times in a clean, safe and functional
condition.
(E) Reporting. For the first two (2) years following the implementation of a
Mobility Management Plan, a report shall be submitted to the Community
Development Department, within thirty (30) days of the date of the anniversary of
the first-issued certificate of occupancy for the development, including the following
information:
(1) Number of occupied units and number of residents per unit;
(2) Usage of mobility services;
(3) Results of survey of residents concerning parking;
(4) Reports of any code enforcement complaints; and
(5) A parking utilization study during summer and winter.
(F) Amendments. Amendments to an approved Mobility Management Plan
shall be submitted to the Planning and Environmental Commission Meeting for
approval at a public hearing in accordance with § 12-3-6.
§ 12-6M-14. LOCATION OF BUSINESS ACTIVITY.
(A) Limitation. All conditional uses shall be operated and conducted entirely
within a building, except for permitted loading areas and such activities as
specifically authorized to be unenclosed by a conditional use permit , and the outdoor
display of goods.
(B) Outdoor display areas. The area to be used for outdoor display shall be
located directly in front of the establishment displaying the goods and entirely upon
the establishment's own property. Sidewalks, building entrances and exits,
driveways and streets shall not be obstructed by outdoor display.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
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amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and
forwarding a recommendation to the Town Council.
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
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2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off -street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
VAIL TOWN COUNCIL ACTION PLAN 2018-2020
Our Mission - Grow a vibrant, diverse economy and community and preserve our
surrounding natural environment, providing our citizens and guests with exceptional
services and an abundance of premier recreational, cultural and educational
opportunities.
Community - Engage our community in honoring social, recreational, cultural, and
educational values that will guide sustainable strategies throughout our neighborhoods
as the foundation of our town’s continued success. Ensure that our citizens are afforded
the opportunity to live and thrive in our community.
• Housing as necessary infrastructure to our community
Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of
our resort competitors.
• Update long range strategic plans to enhance competitiveness of the Town of Vail
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Experience - Deliver on the promise, “Vail. Like nothing on earth” that also supports
“preserving our natural environment”.
• Excellent municipal services
• Convenient, efficient, and safe parking and transportation venues
Sustainability - Balance our economic, environmental, and social needs to deliver a
sustainable community.
• Strategic implementation of environmental programs
• Excellent stewardship by monitoring and maintaining our natural environment
• Climate action to achieve reduction of greenhouse gas emissions
• Reduce the environmental impact of transportation
• Explore and encourage sustainable building practices
VAIL HOUSING 2027
Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed
restrictions by the year 2027.
These new deed restrictions will be acquired for both existing homes as well as for
homes that are newly constructed by both the Town of Vail and private sector
developers.
Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive,
vibrant and sustainable mountain resort community where year-round residents are
afforded the opportunity to live and thrive. We take a holistic approach to maintaining
community, with continuous improvement to our social, environmental, and economic
well being. We create housing solutions by recognizing and capitalizing on our unique
position as North America’s premier international mountain resort community in order
to provide the highest quality of service to our guests, attract citizens of excellence and
foster their ability to live, work, and play in Vail throughout their lives.
Our strategic solutions and actions result in the retention of existing homes, creation of
new and diverse housing infrastructure, and collaboration with community partners. For
Vail, no problem is insurmountable. With a consistent, community-driven purpose and
an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for
the 21st century. The Town is well positioned financially to undertake this significant
challenge.
Mission: Maintaining and Sustaining Community - We create, provide, and retain high
quality, affordable, and diverse housing opportunities for Vail residents to support a
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sustainable year round economy and build a vibrant, inclusive and resilient community.
We do this through acquiring deed restrictions on homes so that our residents have a
place to live in Vail
Policy Statement: Resident Housing as Infrastructure - We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.
VAIL 2020 STRATEGIC ACTION PLAN
Land Use and Development
Goal #1 Actions/Strategies: Make amendments to the Vail Town Code to reflect
planning document updates, including the Sign Regulations, Zoning Regulations and
Development Standards Handbook.
Goal #3: Ensure fairness and consistency in the development review process.
Actions/Strategies
• Provide transparency of the review process by improving communications.
• Embrace policies and practices that ensure honest governmental interaction.
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notification of design review applications.
• Provide adequate training for members of the town’s boards, commissions and
committees regarding goals and purposes for regulation.
• Develop a streamlined design review process and include in regulation updates.
Goal #4: Provide for enough deed-restricted housing for at least 30 percent of the
workforce through policies, regulations and publicly initiated development.
Actions/Strategies
• Update housing regulations to include more zone districts that are required to provide
employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and other programs that will increase the
number of employees living within the town.
• Address the zoning regulations to provide more incentives for developers to build
employee housing units.
Town Council Priorities
#4: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development
Standards, and other pertinent land use policy language including the Town of Vail
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Comprehensive Plan. Bring forward recommendations for amendments to help foster
the creation of affordable housing and improved efficiency of the development review
process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The proposed name change from “Housing” to “Community Housing” is supported by the
general purpose of the zoning regulations as it notes the purpose is to conserve and
enhance “its established character as a resort and residential community of high quality.”
Providing this intermediate height district will further the potential for more properties to
rezone to provide community housing in an area where the current district’s heights may
not be appropriate. This furthers the specific goal: “To encourage a harmonious,
convenient, workable relationship among land uses, consistent with municipal
development objectives;”
Staff finds that this criterion is met.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The name change to add “community” furthers the points made in the Vail Housing 2027
Strategic Plan that deed restricted housing is key to maintaining that year-round
community.
This proposal is in line with the goal of the Strategic 2020 plan to “Update housing
regulations to include more zone districts that are required to provide employee housing .”
By creating another district, the possibilities are increased for community housing
properties where applications can proceed directly to the Design Review Board . As
mentioned with the previous application, amending zoning standards in this manner
provides developers more incentives to develop employee housing units, which is another
stated goal in the Strategic 2020 plan.
Staff finds that this criterion is met.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
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This application is a follow-up to the previously approved text amendment that set
standards for the housing district, including height. During those meetings it was
discussed that there may need to be a third district added with an in-between height limit.
The existing regulations, while applicable and appropriate, would be better served by
having this third option for the community housing districts.
Staff finds that this criterion is met.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
This text amendment is proposed to be similar to other low to high density multiple-family
residential zone districts where standards are set to be followed and reviewed at the
Design Review Board level. The community housing districts will now have a similar low,
medium, and high height limit for districts in a way that is harmonious with the other
multiple-family residential districts in town.
As noted in the previous criteria, the name change that puts “community” in the title is in
line with the development objectives of the town. Many of the goals in the strategic plan,
2020 plan, and the West Vail Master Plan state the importance of the community and the
need to keep year-round residents in town.
Staff finds that this criterion is met.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval, with the
condition, for the prescribed regulation amendment to the Vail Town Council. This
recommendation is based upon the review of the criteria outlined in Section VII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval,
with condition, to the Vail Town Council for a Prescribed Regulation Amendment
pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 and Title 14
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of the Vail Town Code to rename the current Housing -1 and Housing-2 Districts and to
establish a new Community Housing zone district (PEC24-0014)”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission following condition:
1. That the applicant shall amend the Zone District Map to include the changes to
the names of the existing districts and adds the new district.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the May 13, 2024, staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented,
the Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible with
the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
VIII. ATTACHMENTS
A. Draft Ordinance
133
Planning and Environmental Commission Minutes
Monday, May 13, 2024
1:00 PM
Vail Town Council Chambers
Present: David N Tucker
Robert N Lipnick
Scott P McBride
Brad Hagedorn
Robyn Smith
Absent: William A Jensen
John Rediker
1. Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2. Call to Order
3. Worksession
3.1
A work session of the Planning and Environmental Commission to review
the West Vail Master Plan – Chapter 2: West Vail Center for the future
prescribed regulations amendment application.
Planner: Greg Roy
Work session Memo - WV Comm 5-13-24.pdf
Timestamp: 1:00
Planner Roy gives an introduction. He talks about the initial considerations for the new zoning. He
gives a presentation touching on key features from the West Vail Master Plan, contemplated housing
types, and the west vail plaza.
Hagedorn mentions childcare is an important consideration, there is a shortage in the valley.
Roy and PEC discuss design considerations and parking.
Smith talks about parking management and vertical or rooftop gardens.
PEC discusses appropriate management and regulations for deed restrictions in the study area.
Discussion on lower densities on north of site along Chamonix and how those transition to the south.
Roy and PEC talk about potential subdivisions in the area and the minimum lot size.
Smith brings up the idea of deed-restricted commercial spaces for consideration. Discussion of
some examples in peer communities.
Smith brings up marijuana businesses as a use. Smith wants to make sure lighting is appropriate.
Planning and Environmental Commission Meeting Minutes of May 13, 2024
1
134
McBride agrees on lighting. Discusses parking and how it compares to existing.
Hagedorn asks for public comment. There is none.
Hagedorn asks about the process moving forward, Roy gives a rundown of the anticipated
schedule. Hagedorn says to be mindful of how much commercial is needed there, it is a balancing
act. There is quite a bit of vacant commercial existing.
How do we guide the private development here? Roy says uses will be important.
Smith mentions that the Town-owned property can help be the catalyst in the area. She says phasing
is also important.
3.2
A work session of the Planning and Environmental Commission to review possible
code amendments to the landscaping requirements to reduce water use.
Presenter: Greg Roy
Planner: Greg Roy
Applicant Name: Town of Vail
Work session Memo - Landscaping 5-13-24 (Final).pdf
Timestamp: 46:24
Planner Roy gives a presentation. He runs through the potential action items.
PEC discusses buy-back programs. Smith says the first step should be language to the
design guidelines that the use of potable water should be judicious.
Gregg Barrie talks about these programs and contemplated plans around town. Hagedorn and
Barrie discuss landscaping practices in Town.
Smith says we can start with lighter measures and in the future we can always do more if it’s worthwhile.
Hagedorn says there could be a maximum square footage for irrigated land for residential zoned district.
Smith talks about cap and trade.
Smith would also support the explicit ban of water features, to have regulatory consistency with the
water district.
Hagedorn asks for public comment. There is none.
McBride supports limiting turf grass, banning water features, and required upgrades in irrigation
efficiency. Lipnick supports limiting turf grass, getting away from water features, upgrading irrigation,
and the proper spacing of trees. Smith supports adding water conversation language to 14 -10-8,
banning water features, limiting turf grass, if irrigated area exceeds a certain amount you need a
landscape architect. Let’s start reasonable and can increase if necessary. Tucker supports limiting turf
grass, and banning water features. Hagedorn supports limiting turf grass, ban on water features, and
a maximum square footage for irrigated area.
Planning and Environmental Commission Meeting Minutes of May 13, 2024
2 135
4. Main Agenda
4.1
A request for recommendation to the Vail Town Council, for a prescribed regulation
amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12
and Title 14 to rename the current Housing-1 and Housing-2 zone districts and
establish a new Community Housing zone district. (PEC24-0014)
Planner: Greg Roy
Applicant Name: Town of Vail and Vail Local Housing Authority, represented by Dominic Mauriello
of Mauriello Planning Group PEC24-0014 Memo 5-13-24.pdf
Attachment A. Draft Ordinance.pdf
Timestamp: 1:23:00
Planner Roy gives an introduction to the application. The applicant is represented by Allison Kent
with Mauriello Planning Group and Steve Lindstrom with the VLHA.
Kent gives a presentation. She walks through the changes made with this application.
Smith asks about EHUs in the zone district. Kent talks about the different types of EHUs, specific
to different zone districts.
Roy and Kent talk about fulfilling linkage or inclusionary requirements.
Lindstrom adds that we are doing this from the inside out. It sounds more complex than it is, the goal
is to simplify as much as we can. There are also old deed-restrictions to consider, this is a move to
simplify and standardize.
Lipnick clarifies that the three Community Housing districts will have the same standards – Kent says
it’s the same except height and allowance for conditional use for commercial.
McBride asks about the history. Roy says that was the original vote for putting standards on Housing,
the second iteration went through.
Lindstrom adds that a lot of the initial discussion was about heights.
Hagedorn asks for public comment. There is none.
Lipnick says the review criteria is met. This gives set standards to developers, he is in support.
Smith agrees the findings have been met. There was a substantial conversation on this in
September, this extra district was recommended at that time, this is following up on the action item
that was agreed to then.
Robert N Lipnick made a motion to Recommend for approval with the condition and findings on page
15 of the staff memo; Robyn Smith seconded the motion Passed (5 - 0).
4.2
A request for recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for the adoption of the Vail Mobility and
Transportation Master Plan. (PEC24-0013)
Planning and Environmental Commission Meeting Minutes of May 13, 2024
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136
Planner: Heather Knight
Applicant Name: Town of Vail, represented by Tom Kassmel
PEC24-0013 Staff Memo 051324.pdf
Attachment A. PEC Memo 5-13-24.pdf
Attachment B. Vail TMP Report_Draft_042524 - TOV PEC Edits.pdf
Attachment C. PEC MP Comments.pdf
Attachment D. Public Comment - EngageVail Summary.pdf
Attachment E. PEC Presentation 4-8-24.pdf
Timestamp: 1:41:00
Tom Kassmel, Town Engineer, gives a presentation.
Hagedorn mentions there are also comments from commissioners that are not present today.
Kassmel walks through some of the comments on the document itself.
Smith says there is a lot of language that talks about safety, how is that improved when there is
no incident history in that area – distinction between safety and comfort both being important.
Lipnick says the vision emphasizes pededestrians and bikers but why not cars? Kassmel says it
is mentioned in later paragraphs, there are traffic specific goals.
Kassmel talks about the updates to the traffic section.
Smith says that while the county population grew, it doesn’t fully capture the change and the type of
parking and traffic we have. We really need to emphasize the need for traffic counters and data
informed decision making.
Kassmel talks about the updates to the traffic calming and speed limits section. Instead of
recommending a change to speed limits, we have it as an option to consider for traffic calming. The
goal is to get the vast majority of drivers to go less than 20 mph on residential streets. Discussion on
evolution of this chapter, speed limit change is a consideration and tool not a recommendation.
Lipnick asks if Council is the body that sets the speed limit, Kassmel confirms.
Kassmel talks about the section on measurable goals. Smith likes this section, our climate action
goals could be added to this section. McBride appreciates the goals, thinks the parking one is overly
ambitious when it comes to the winter season.
Lipnick adds that the transit authority is providing inexpensive or free transportation to Vail, and
those goals are probably reasonable with that in mind.
Kassmel says if we achieve the transit goal, that alone will free up a lot of those parking spaces.
Tucker agrees on being aggressive with the goal, given the transit considerations.
Kassmel talks about overflow days in past years.
Smith talks about equity considerations for speed bumps, bus riders also have to deal with this.
Kassmel says the plan may not get into the specifics of this, it is more general.
Kassmel talks about the updates to the transit section. Smith suggests capping the number to
incentivize shuttles to consolidate.
Kassmel talks about the updates to the multi-modal section.
Smith and Kassmel discuss curb considerations.
Planning and Environmental Commission Meeting Minutes of May 13, 2024
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Smith says adding flashing beacons at all intersections at roundabouts may be excessive,
also concerned about light pollution. Kassmel says the plan also identifies several locations
where overpasses could make sense.
Hagedorn understands the concern, but data shows that it is an effective way to reduce pedestrian
conflicts. He asks if they make those that are cutoff that can help reduce light pollution?
Kassmel says he doesn’t know of any at the moment but it’s not a bad idea.
Discussion of the Main Vail North roundabout. Smith recommends pedestrian access to trailhead in
that area.
Lipnick says he grew up in DC, where rapid-flashing beacons make a difference.
Kassmel talks about the updates to the parking section. Discussion of oversized vehicle parking.
Hagedorn says enforcement is important on that stretch of the frontage road where there is
parking, it can intrude into the travel lane.
Kassmel talks about the updates to the I-70 section. Smith and Kassmel talk about entry lanes
from roundabouts to highway.
Hagedorn asks for public comment. There is none.
Robyn Smith made a motion to Table to the June 10th, 2024 PEC meeting; Scott P McBride
seconded the motion Passed (5 - 0).
5. Approval of Minutes
5.1 PEC Results 4-22-24
PEC Results 4-22-24.pdf
Robyn Smith made a motion to Approve ; Robert N Lipnick seconded the motion Passed (5 - 0).
6. Information Update
6.1 Future Meeting Location
Roy talks about the change in meeting location for the summer. The meetings will temporarily be
moved to the Grandview room due to HVAC work at the municipal building.
7. Adjournment
Robyn Smith made a motion to Adjourn ; Scott P McBride seconded the motion Passed (5 - 0).
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AGENDA ITEM NO. 6.2
Item Cover Page
DATE:June 18, 2024
TIME:5 min.
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Ordinance
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 07, Series of 2024, Second Reading, An Ordinance
Amending Chapter 1 of Title 5 of the Vail Town Code Regarding
Private Property Drainage
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 07,
Series of 2024, upon second reading.
PRESENTER(S):Tom Kassmel, Town Engineer
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Memo - Code Update Drainage 2024-06-18
Drainage Code Amendment Ordinance No. 7, Series of 2024
139
To:Vail Town Council
From:Public Works Department
Date:June 18, 2024
Subject:Second Reading of Ordinance No. 7 Series 2024 - Private Property Drainage
I.SUMMARY
The Town Code does not currently fully address water runoff from public roads onto
private property or vice versa; nor the maintenance of private driveways within the
public way in a clear manner that is typical of most similar communities. The following
Code amendment will clarify responsibilities of private property owners.
II.CODE AMENDMENTS
Staff recommends adding the following code language to Title 5 Public Health and
Safety.
§ 5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their
property and any improvements on said property from any and all drainage that
may flow from any public property, public roads, right of way, and easements,
unless the said private property is damaged by drainage flows determined to be
caused as a result of negligence on behalf of the Town, other public entity,
utility, or private property owner.
Improvements necessary to protect the property shall be approved by the
Town, except for temporary measures that are utilized in the event of an
emergency.
(B)Maintenance.
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Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are
required to repair and maintain, at their sole cost and expense, any drainage
feature, improvement, or facility that maintains positive drainage flow away from
buildings or property improvements, and/or allows for access onto said real
private property. This shall include drainage ditches, swales, berms, concrete
curbs and curb cuts, concrete pans and gutters, culverts, driveways and any
other features that are required for parking and/or access onto and for said
property.
(C)Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D)Lien.
If any person fails or refuses to pay any charge imposed under this section, the
Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so
benefited. The Town Manager may, in addition to taking other collection
remedies, certify due and unpaid charges to the Eagle County Treasurer for
collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
III.RECOMMENDATION
Approve, approve with amendments, or deny Ordinance No. 07, Series of 2024,
upon second reading.
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ORDINANCE NO. 7
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE VAIL
TOWN CODE REGARDING PRIVATE PROPERTY DRAINAGE
WHEREAS, the Town Code does not address water runoff from public roads on
to private property nor runoff from private property on to public property; and
WHEREAS, the Town Code does not address the maintenance of driveways and
private drainage facilities within public property; and
WHEREAS, the Town desires to modify the Town Code to address these issues
to be in alignment with many other Colorado communities.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Section 5-1 of the Vail Town Code is hereby amended as follows:
5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their property
and any improvements on said property from any and all drainage that may flow
from any public property, public roads, right of way, and easements, unless the
said private property is damaged by drainage flows determined to be caused as a
result of negligence on behalf of the Town, other public entity, utility, or private
property owner.
Improvements necessary to protect the property shall be approved by the Town,
except for temporary measures that are utilized in the event of an emergency.
(B)Maintenance.
Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are required
to repair and maintain, at their sole cost and expense, any drainage feature,
improvement, or facility that maintains positive drainage flow away from buildings
or property improvements, and/or allows for access onto said real private
property. This shall include drainage ditches, swales, berms, concrete curbs and
curb cuts, concrete pans and gutters, culverts, driveways and any other features
that are required for parking and/or access onto and for said property.
(C)Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D)Lien.
If any person fails or refuses to pay any charge imposed under this section, the
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Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so benefited.
The Town Manager may, in addition to taking other collection remedies, certify due
and unpaid charges to the Eagle County Treasurer for collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
***
Section 2.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3.The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2024 and a
public hearing for second reading of this Ordinance set for the 18th day of
June, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of June, 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffmann, Town Clerk
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