HomeMy WebLinkAbout2009-06-16 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., JUNE 16, 2009
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
Public comments on work session item may be solicited by the
Town Council
1. ITEM/TOPIC: Citizen Input. (15 min.)
2. ITEM/TOPIC: Presentation of certificate of appreciation to Tom DuBois. (5
min.
PRESENTER(S): Martin Haeberle
3. ITEM/TOPIC: Town Manager's Report.
a. Update on activities at Mountain Plaza. (15 min.)
PRESENTER(S): Stan Zemler
4. ITEM/TOPIC: A recommendation from the Vail Local Housing Authority
(VLHA) on a development team to construct two employee housing units on
the Town of Vail owned lot at 2657 Arosa Drive. (30 min.)
PRESENTER(S): Vail Local Housing Authority George Ruther Nina Timm
ACTION REQUESTED OF COUNCIL: Listen to the VLHA's presentation
and move forward with their recommended development team for the
construction of the Arosa Drive duplex.
BACKGROUND: On May 5, 2009, the Vail Town Council directed Staff to
issue a Request For Proposals (RFP) for the construction of a deed
restricted employee housing duplex at 2657 Arosa Drive. On May 21, 2009,
the Town of Vail recieved fourteen (14) responses to the RFP. Based upon
review of the proposals the VLHA invited six (6) teams in for interviews.
Following the interviews the VLHA requested additional information or
clarification from Gregg Co, JL Viele Construction, and Vail Custom
Builders.
STAFF RECOMMENDATION: The Vail Local Housing Authority
recommends the Vail Town Council affirm the policy and development team
recommendations outlined in the memorandum dated June 16, 2009.
5 ITEM/TOPIC: Lionshead Transit Center Study Planning Level Themes
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Discussion. (60 min.)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Listen to presentation and confirm or
provide additional direction.
BACKGROUND: The Town of Vail staff and the 4240 Architecture Design
Team have developed planning level themed concepts for a Lionshead
Transit Center. The Team will present these planning level diagrams for
discussion which will allow the team to further refine the project direction and
begin to bring the planning themes to a conceptual plan level. Many of
these planning level ideas have direct impacts on the existing parking
structure and the Lionshead Master Plan design concepts. The Team is
looking for preliminary feedback to confirm direction or provide additional
direction.
STAFF RECOMMENDATION: Listen to presentation and confirm or
provide additional direction.
6. ITEM/TOPIC: Timber Ridge Redevelopment Request for extension of time
for pre-development negotiation. (10 min.)
PRESENTER(S): Stan Zemler
ACTION REQUESTED OF COUNCIL: Extend the time period for staff to
continue due diligence and conduct pre-development negotiations with Vail
Timber Ridge, LLC.
BACKGROUND: On May 5, 2009, Council directed staff to continue the due
diligence process and begin a 60-day pre-development negotiation with Vail
Timber Ridge, LLC. The 60-day period ends on Saturday, July 4.
STAFF RECOMMENDATION: Direct staff to continue discussions with Vail
Timber Ridge, LLC, and return to Council on July 7th with an update and
recommendation.
7.
ITEM/TOPIC: First reading of Ordinance No. 14, Series of 2009, An
Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer
Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund of the 2009
Budget for the Town of Vail, Colorado; and authorizing the expenditures of
said appropriations as set forth herein; and setting forth details in regard
thereto. (15 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the first reading of Ordinance No. 14, Series of 2009.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council
approves or approves with amendments Ordinance No. 14, Series of 2009,
upon first reading.
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8. ITEM/TOPIC: Ordinance No. 16, Series of 2009, an Ordinance Amending
Title 6, Chapter 3, Article C of the Vail Town Code by the Addition of a New
Subsection, Entitled "Drug Paraphernalia"; and Setting Forth Details in
Regard Thereto. (10 min.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 2, Series of 2008, on first reading.
BACKGROUND: The drime of possession of drug paraphernalia within the
Town of Vail is of paramont concern and efficient police regulation of such a
crime would preserve the general welfare of the citizens of the Town. The
use of drug paraphernalia is already prohibited by Colorado State Statute.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny
Ordinance No. 2, Series of 2008, on first reading.
9. ITEM/TOPIC: Second Reading of an Ordinance Defining Electronic
Personal Assistive Mobility Device ("EPAMD"); Establishing Regulations
Regarding the Operation of Such Devices in the Town of Vail; and Setting
Forth Details in Regard Thereto. (10 min.)
PRESENTER(S): Matt Mire Gregg Barrie
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 15, Series of 2009, on second reading.
BACKGROUND: On June 2, 2009, Council passed Ordinance No. 15,
Series of 2009 with amendments on First Reading. See Staff Memorandum
STAFF RECOMMENDATION: Approve, approve with modifications, or deny
Ordinance No. 15, Series of 2009, on second reading.
10.
ITEM/TOPIC: Second reading of Ordinance No. 12, Series of 2009, an
ordinance establishing Special Development District No. 41, the Vail Row
Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, and setting forth details in regard thereto. (30 min.)
PRESENTER(S): Bill Gibson
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 12, Series of 2009, on second reading.
BACKGROUND: On June 2, 2009, the Town Council approved the first
reading of Ordinance No. 12, Series of 2009, with modifications, by a vote of
5-2-0 (Cleveland and Hitt opposed).
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends that the Town Council approves, on second
reading, Ordinance No. 12, Series of 2009, an ordinance establishing
Special Development District No. 41, the Vail Row Houses, pursuant to
Article 12-9A, Special Development (SDD) District, Vail Town Code, and
setting forth details in regard thereto.
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11. ITEM/TOPIC: Resolution No. 18, Series of 2009, a resolution to amend the
Special Business Promotion Permit, and setting forth details in regard
thereto. (10 min.)
PRESENTER(S): Sybill Navas Kelli McDonald Rachel Friede
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town
Council approve, approve with modifications, or deny Resolution No. 18,
Series of 2009.
BACKGROUND: On February 19, 2008, the Vail Town Council approved
resolution No. 3, Series of 2008, which established the Special Business
Promotion Permit Guidelines. The purpose of the Special Business
Promotion Permit is to allow individual businesses to have a special event
with the broader purpose of improving economic vitality within the Town of
Vail. In 2008, three (3) permits were issued, and thus far in 2009, seven (7)
permits have been issued to Vail businesses. Examples of events include
grand openings, artist events, business marketing and real estate events.
Staff is proposing to amend the Special Business Promotion Permit
Guidelines in order to expand the types of events that would qualify,
provide clarity and update dates, as follows:
1. Allow for events that benefit non-profits in lieu of a public activity
2. Examples are being added to provide clarification
3. Addition of language to remind vendors that they can contact special
event producers directly to participate in other special events
4. Change of restriction dates to reflect adoption through 2012
5. Additional language regarding insurance requirements
STAFF RECOMMENDATION: Staff recommends that the Vail Town
Council approve Resolution No. 18, Series of 2009.
12.
ITEM/TOPIC: Resolution No. 19, Series of 2009, a Resolution Approving an
Intergovernmental Agreement Between the Town of Vail, Colorado and the
State of Colorado Department of Public Health and Enviroment Regarding
the Authorization to Provide Community Consumer Protection Services; and
Setting Forth Details in Reagrd Thereto. (5 min.
PRESENTER(S): Bill Carlson
ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the
Town Manager to sign and enter into the IGA with Colorado Department of
Health and Environment.
BACKGROUND: The Town of Vail and the Colorado Department of Public
Health and Environment wish to enter into an Intergovernmental Agreement
authorizing the Town to provide community consumer protection services,
including but not limited to the regulation of retail food establishments,
schools, child care centes, summer camps, campgrounds, motels and hotels.
STAFF RECOMMENDATION: Approve the IGA, and authorize the Town
Manager to sign and enter into the IGA with the Colorado Department of
Public Health and Environment in a form approved by the Town Attorney.
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13. ITEM/TOPIC: Adjournment. (9:35 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, JULY 7, IN THE VAIL TOWN COUNCIL
CHAMBERS.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Presentation of certificate of appreciation to Tom DuBois.
PRESENTER(S): Martin Haeberle
ATTAC H M E NTS
letter of appreciation
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Town Manager's Report.
a. Update on activities at Mountain Plaza.
PRESENTER(S): Stan Zemler
ATTAC H M E NTS
Mountain Plaza Activities
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MEMORANDUM
To: Vail Town Council
From: Sybill Navas, Special Events Coordinator
Date: Tuesday, June 16, 2009
Subject: Proqosed Enhanced Summer Activities at the Mountain Plaza
Pursuant to the direction given by the Town Council at the May 19, 2009 meeting to provide activities at
the Mountain Plaza, the Vail Chamber and Business Association (VCBA) worked with Vail Resorts as
well as a number of Vail Village merchants for input as to new Vail Village summer activities.
Proposed activities include:
Vail Resorts, pending working out all logistical and operational issues, has agreed to operate a
climbing wall and trampoline/bungee jump in the Mountain Plaza.
Vail Resorts, again, pending working out all logistical and operational issues, has offered the use
of the Mountain Plaza for activities/events that are yet to be determined and to open the food
and beverage service at the site for specific events as needed.
Think First Townie Tour on August 29, a 12 hour fundraising bicycle event produced by the Vail
Valley Medical Center Foundation will utilize the plaza as their staging area pending schedule
approval from Vail Resorts.
The Commission on Special Events authorized an additional $6,875 for the Ambient Summer
Street Entertainment program to have a tent and one busker or musician in the Mountain Plaza
area, two days per week for 10 weeks, pending schedule approval from Vail Resorts, and
encouraged the village merchants to match these funds to add additional dates and times as
desired but subject to VR schedule approval. It was felt that this would be an excellent
complement to the climbing wall, bungee jump and Pirate Ship Park and create an area where
families will want to gather.
Still Being Researched for Cost and Viability:
Tent-type structure to host activities such as children's theater and/or creative activities, music
rehearsals or small concerts, repertory theater etc. Work with existing organizations such as Bravo! Vail
Valley Music Festival, Vail International Dance Festival, Vail Recreation District, Vail Jazz Foundation,
Vail Valley Theater Company etc. to provide programming at the site. Preliminary research shows no
tents available to "borrow" for this purpose. Alpine Party Rentals can provide a 40' x 60' tent for $36,550,
June 5- August 24. There is no budget for this at the present time, but it is hoped that a plan might be
worked into the budget for next year to develop a venue for these types of activities.
Vail Village Merchants have also asked the VCBA to look into:
People-movers/golf carts to provide access throughout the village for elderly visitors.
Public address/Music System: play music throughout the village
Automobile themed events that would play to a higher income demographic. In response to this,
Porsche Club of America was approached to bring their rally start through VV on July 1, and has
agreed to do this. Sybill will also contact the Colorado Grand to see if they will consider a similar
kick-off to their tour which starts from Vail in mid-September.
Signage: Sandwich board at the parking structure exits informing visitors of daily activities
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: A recommendation from the Vail Local Housing Authority (VLHA) on a
development team to construct two employee housing units on the Town of Vail owned lot at
2657 Arosa Drive.
PRESENTER(S): Vail Local Housing Authority George Ruther Nina Timm
ACTION REQUESTED OF COUNCIL: Listen to the VLHA's presentation and move forward
with their recommended development team for the construction of the Arosa Drive duplex.
BACKGROUND: On May 5, 2009, the Vail Town Council directed Staff to issue a Request
For Proposals (RFP) for the construction of a deed restricted employee housing duplex at
2657 Arosa Drive. On May 21, 2009, the Town of Vail recieved fourteen (14) responses to the
RFP. Based upon review of the proposals the VLHA invited six (6) teams in for interviews.
Following the interviews the VLHA requested additional information or clarification from Gregg
Co, JL Viele Construction, and Vail Custom Builders.
STAFF RECOMMENDATION: The Vail Local Housing Authority recommends the Vail Town
Council affirm the policy and development team recommendations outlined in
the memorandum dated June 16, 2009.
ATTAC H M E NTS
Staff Memorandum
Comparisons
Rendering
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MEMORANDUM
TO: Vail Town Council
FROM: Vail Local Housing Authority
Community Development Department
DATE: June 16, 2009
SUBJECT: Arosa Drive Duplex Request for Proposals Responses
I. INTRODUCTION
On May 5, 2009, the Vail Town Council authorized the issuance of a Request for
Proposals (RFP) to construct a duplex on the Town owned lot at 2657 Arosa Drive. The
RFP, approved by Town Council, was issued on May 6, 2009.
Fourteen (14) responses were received and reviewed by both the Vail Local Housing
Authority (VLHA) and Staff. Each RFP response was reviewed and discussed by the
VLHA at its May 26, 2009, meeting. Based upon that review and discussion, the VLHA
and Staff invited six (6) teams that have the experience necessary, submitted the most
complete responses to the RFP, and had the most competitive pricing to present their
proposals in-person.
On June 2, 2009, the VLHA and Staff interviewed Gregg Co, Evans Chaffee
Construction Group, and RA Nelson. On June 4, George Shaeffer Construction, JL
Viele Construction, and Vail Custom Builders were interviewed.
II. VLHA POLICY RECOMMENDATIONS
1) The VLHA recommends the Town Council reconsider its original motion to
recover the acquisition price of the Arosa Drive lot and instead provide the long-term
land lease at a nominal annual rate.
This recommendation is based upon the assumption the Town of Vail will retain
fee title to the property and make it available to the home owners only through a
long-term land lease, as has been done previously with all deed restricted
developments the Town has been involved in.
2) In conjunction with the previous recommendation the VLHA recommends
Town Council deed restricts the two units on both occupancy and appreciation,
identical to Vail Commons, Red Sandstone, and the North Trail Town Homes.
This recommendation is based upon the further financial commitment the Town
is providing by offering the land lease at a nominal annual rate. Additionally, this
will create a more affordable housing option for two local families.
3) The VLHA recommends the Town of Vail enter into a Guaranteed Maximum
Price Contract with the selected development team and establish a cost sharing
formula, for any savings that maybe realized, with the development team.
Additionally, the Town should require a personal completion guaranty rather than a
bid and/or completion bond.
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This recommendation is based upon reducing the risk and exposure to the Town
of Vail during the completion of the development. Additionally, based upon the
development team recommendation, the VLHA is confident a personal
completion guaranty is a more direct and cost effective means to achieve the
intended results.
III. VLHA DEVELOPMENT TEAM RECOMMENDATION
Predicated on the above policy recommendations and based upon review of the fourteen
(14) responses to the RFP, the six (6) interviews conducted, and follow-up information
requested and received from Gregg Co, JL Viele Construction and Vail Custom
Builders, the VLHA recommends the Vail Town Council enter into a contract with JL
Viele Construction to construct the "Silver Plan" duplex at 2657 Arosa Drive.
The VLHA recommends JL Viele Construction for the following reasons:
o They are proposing a LEEDS Silver Certifiable development
o They are proposing a more livable floor plan
o They are proposing additional square footage furthering the livability of the units
o JL Viele Construction and Vail Architecture Group have a long-term investment in
the local community
The following is a more detailed overview of the "Silver Plan" submitted by JL Viele
Construction and Vail Architecture Group. A rending and floor plans are attached to this
memorandum.
o A total of 3,235 square feet of living space
o A total of 868 square feet of garage space
o Three Bedrooms all on the second level of the home
o Two and one-half bathrooms
o Mudroom off the garage
o Access to outdoor spaces from the main living areas
IV. ACTION REQUESTED OF TOWN COUNCIL
1) Direct Staff to enter into a Guaranteed Maximum Price (GMP) contract with JL Viele
Construction based on the "Silver Plan" submitted in response to the May 6, 2009,
RFP to construct a duplex on the Town owned lot at 2657 Arosa Drive.
a. Include the following pre-priced upgrades in the GMP contract:
i. Stained, Solid Pine Doors, Window Casing, and Baseboard;
ii. Tile flooring in the entry way, bath rooms, and kitchen;
iii. Cast iron bathtubs and tile walls in both full bath rooms; and,
iv. Garage Door Opener.
b. Offer buyer directed upgrades as practical and pre-determined by JL Viele
Construction and the Town of Vail.
2) Amend previous Town Council direction to require full reimbursement of the land
acquisition by the owners of the Arosa Drive duplex homes.
3) Direct Staff to develop a long-term land lease with a nominal annual payment to the
Town of Vail.
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4) Direct Staff to immediately begin the Federal Housing Administration (FHA) project
approval process.
5) Direct Staff to appropriate the funds necessary to fund the construction costs of the
Arosa Drive duplex. (Amend Ordinance No. 14, Series of 2009, on second reading)
V. ATTACHMENTS
A) Summary of all fourteen (14) responses to the RFP
B) Detailed comparison of Gregg Co, JL Viele Construction, and Vail Custom Builders
response to the RFP
C) Itemization of the costs for Gregg Co, JL Viele Construction, and Vail Custom
Builders
D) Rendering of the "Silver Plan" from JL Viele Construction and Vail Architecture
Group
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ATTACHMENT A
TEAM BUDGET LIVING SQ FT GARAGE SQ FT TOTAL SQ FT $/Total Sq Ft Living
Burke Harrington Construction $813,710 2,700 1,000 3,700 $219.92 $301.3�
CHC Mountain Structures $871,614 2,700 1,000 3,700 $235.57 $322.8;
Contract One $643,796 2,898 1,000 3,898 $165.16 $222.1
Dantas Builders, Inc. $822,160 3,000 1,000 4,000 $205.54 $274.0:
Evans Chaffee $748,738 3,000 1,000 4,000 $187.18 $249.5�
George Shaeffer Construction $858,439 2,817 965 3,782 $226.98 $304.7�
Gregg Company $739,956 2,614 983 3,597 $205.71 $283.0�
JJP Companies Unknown based upon submittal response
JL Viele Construction $729,466 3,235 868 4,103 $177.79 $225.4!
Plan B Builders $976,697 3,256 1,102 4,358 $224.12 $299.9�
RA Nelson $869,000 2,530 870 3,400 $255.59 $343.4�
Thrasher, LLC $491,447 2,375 1,000 3,375 $145.61 $206.9;
Vail Custom Builders $748,582 3,200 1,000 4,200 $178.23 $233.9;
Woodstone Homes $768,612 2,996 1,000 3,996 $192.35 $256.5'
Plans provided showed an estimated 2,700 sq ft of living space and 1,000 square feet of garage
Yellow hilight team was interviewed by the VLHA and Staff
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ATTACHMENT B
JL Viele Construction (silver) Vail Custom Builders G
Original Proposal $729,466 $748,582
Revised Proposal $710,939 $726,592
Difference $18,527 $21,990
(Do not include any TOV land cost) doesn't include use tax fees includes use tax fees incli
Living Square Feet 3,235 2,857
Garage Square Feet 868 1,000
Price /Total Square Feet $173 $188
Price per Unit (1/2) $355,470 $363,296
Included
Twin 130' Culverts Yes Yes
Contigency $29,801 $25,000
Water Sewer Tap Fees $9,500 $13,650
Electric Tap Fees $5,000 $0
Electric Tap Fees- NIP n/a Tap (Plus $5,000) 1
Gas Tap Fees $0 $1,000
Gas Tap Fees NIP Tap (Plus $1,000) n/a 1
TOV Fees $0 $13,590
Building Permit Fees $0 $6,200
TOV Fees Building Permit -NIP TOV Fees (Plus $19,790) n/a
Winter Conditions $15,400 $5,000
Heat System Forced Air Forced Air StaplE
Heat System Upgrade NIP not available with SIPS Fiadiant Heat (Plus $12,500)
Proposed Finishes
Doors 6 Panel Hollow 2 Panel Hollow 6 f
Door, Base Case Upgrade NIP Solid Pine (plus $22,000) Solid Pine (plus $6,100)
Base Case Painted MDF (4" 3") Paint Grade (3" 2")
Cabinets Wood Raised Panel Alder Raised Panel W
Counter Tops Laminate Tile
Flooring Carpet Carpet E
Kitchen, Bath Entry Floor Vinyl Tile
Kitc, Bath Entry Floor Upgrade NIP Tile (plus $7,200) n/a
Bathtub Fiberglass Cast Iron
Bathtub Upgrade NIP Cast Iron (plus$3,600) n/a
Wall Texture Hand Trowel Hand Trowel
Appliances brand Kenmore GE
Appliances range dryer Electric Gas
Appliances gas upgrade NIP Gas Appliances Lines ($6,000) n/a Gas Ap�
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ATTACHMENT C
Viele Construction Vail Custom Builders Gre Co
General Requirements/Conditions
Supervision/Construction Mgmt. $63,500 $45,500 $30,444
General Conditions $79,550
General/Common Labor $14,000 $15,680 $2,500
Final Const. Clean Up $2,750 $1,500 $2,500
Trash/Mail $5,700 $2,500 $3,000
Signage Protection $1,400
Winter Conditions $15,400 $5,000 $5,000
Temporary Utilities $1,500 $1,000
Division 1 Category Total $101,350 $152,630 $44,444
Sitework
Building Excavation/Backfill $26,950 $50,000 $30,000
Site Excavation $14,850 $0
Utilities (infrastructure) $3,300 $14,000 $9,000
Site Preperation $0 $10,000
Drainage and Containment $10,500 $13,000 $35,000
A.C. Paving/Striping $11,000 $10,000 $5,000
Landscaping/Irrigation $3,850 $10,000 $10,000
Boulder Walls
Division 2 Category Total $70,450 $97,000 $99,000
Concrete
Concrete Site $1,650 $7,800 $10,700
Concrete Building $33,700 $40,550 $25,000
Division 3 Category Total $35,350 $48,350 $35,700
Steel
Steel $3,080 $5,000 $9,350
Division 5 Category Total $3,080 $5,000 $9,350
Woods
Common Labor $6,455 $50,500 $63,000
Rough Carpentry $35,200 $3,500 $10,000
Trim Carpentry $16,500 $15,000
Rough Lumber $90,200 $52,500 $45,000
Finish Lumber $8,765 $700
Division 6 Category Total $140,620 $123,700 $133,000
Thermal Moisture Protection
Roofing $17,402 $10,500 $20,000
Gutters Down Spouts $1,500 $500
Caulking Sealants $4,510 $1,500 $2,000
Insulation $2,744 $9,000 $20,000
Stucco $6,600 $6,000 $12,000
Division 7 Category Total $31,256 $28,500 $54,500
Doors and Windows
Interior poors $3,500
Rough Hardware $2,200 $1,000
Finish Hardware $1,782 $500 $1,500
Windows/Lightwells $10,791 $12,000 $16,000
Mirrors $678 $600 $1,000
Overhead Doors $3,309 $3,200 $4,500
Division 8 Category Total $18,760 $20,800 $23,000
Finishes
Sheetrock $23,119 $21,500 $15,000
Painting $16,299 $13,500 $16,900
Carpet/Vinyl $8,007 $9,000 $11,000
Tile/Slabs $10,000 $16,000
Division 9 Category Total $47,425 $54,000 $58,900
Specialties
Misc. Specialties $2,500 $6,500
Division 10 Category Total $0 $2,500 $6,500
Equipment
Indirect Costs
Plans/Engineering $66,500 $14,000 $1,000
Architectural Fees $10,500
Structural and Civil Fees
MEP Design Fees
Preconstruction Services
3rd Party QC Inspections
Builder's Risk Insurance $1,000
Building Permits or Bonds $10,481 $6,200 $20,000
Use Tax $11,800
Private Utility Fees $5,000 $1,000
Sewer/Water Tap Fees $10,725 $14,322 $8,775
Additional Fees (DRB PEC Rec) $1,340 $650
Concrete Testing
Soil Testing $1,800 $3,400
Survey $2,750 $2,600 $2,500
Building As-Builts $800
Condominium Mapping
Owner Contigency
Division 17 Category Total $97,256 $66,962 $32,925
General Liability Insurance $7,233
Performance Payment Bond $6,500
Soft Cost/Construction Contigency $32,051 $25,000 $20,000
Builder's Fee $32,886 $60,888
TOTAL $710,939 $726,592 $700,206
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Lionshead Transit Center Study Planning Level Themes Discussion.
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Listen to presentation and confirm or provide
additional direction.
BACKGROUND: The Town of Vail staff and the 4240 Architecture Design Team
have developed planning level themed concepts for a Lionshead Transit Center. The Team
will present these planning level diagrams for discussion which will allow the team to further
refine the project direction and begin to bring the planning themes to a conceptual plan level.
Many of these planning level ideas have direct impacts on the existing parking structure and
the Lionshead Master Plan design concepts. The Team is looking for preliminary feedback to
confirm direction or provide additional direction.
STAFF RECOMMENDATION: Listen to presentation and confirm or provide additional
direction.
ATTAC H M E NTS
Lioshead Transit Center Memo
6i� 6izoo9
MEMORANDUM
TO: Town Council
FROM: Tom Kassmel, Public Works Department
DATE: June 16 2009
SUBJECT: An update on the Lionshead Transit Center Feasibility Study
I. SUMMARY
The Vail Reinvestment Authority (VRA), in conjunction with the Town of Vail, is in
the process of studying the feasibility of constructing a Lionshead Transit Center
in response to past planning efforts including the Lionshead Master Plan (1998),
A Report on the Recommendation of a Preferred Site for the Town of Vail Transit
Center (2005), Vail 20/20 (2007), the Lionshead Transit Center White Paper
(2008), and the Vail Transportation Master Plan (2009). The VRA has contracted
with the 4240 Architecture Team.
The purpose of this presentation is to provide Council with an update of the
projects progress, and to confirm and gain further direction.
The design team will present the following in their presentation:
Brief review of Project Goals Givens
Explanation of Planning Process/Approach to Project
Assess Current Conditions/Functional Observations Within Study Area
Test "Carrying Capacity" of Various Sub-Areas to Accommodate Transit
Program Elements
Overview of potential implications of LHMP
Next Steps
This presentation and discussion will allow the team to further refine the project
direction and begin to bring the planning themes to a conceptual plan level.
Any preliminary feedback on the planning themes and the key policy topics will
help refine the projects direction.
The given, goals, and progress of project can be tracked on the Town of Vail
website at http://www.vailqov.com/subpaqe.asp?paqe id=916
II. STAFF RECOMMENDATIONS
Listen to the design team's presentation, provide any appropriate feedback and
confirm direction.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Timber Ridge Redevelopment Request for extension of time for pre-
development negotiation.
PRESENTER(S): Stan Zemler
ACTION REQUESTED OF COUNCIL: Extend the time period for staff to continue due
diligence and conduct pre-development negotiations with Vail Timber Ridge, LLC.
BACKGROUND: On May 5, 2009, Council directed staff to continue the due diligence
process and begin a 60-day pre-development negotiation with Vail Timber Ridge, LLC. The
60-day period ends on Saturday, July 4.
STAFF RECOMMENDATION: Direct staff to continue discussions with Vail Timber Ridge,
LLC, and return to Council on July 7th with an update and recommendation.
6i� 6izoo9
F
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: First reading of Ordinance No. 14, Series of 2009, An Ordinance making
supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy
Equipment Fund of the 2009 Budget for the Town of Vail, Colorado; and authorizing the
expenditures of said appropriations as set forth herein; and setting forth details in regard
thereto.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading
of Ordinance No. 14, Series of 2009.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council approves or
approves with amendments Ordinance No. 14, Series of 2009, upon first reading.
6i� 6izoo9
F
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Ordinance No. 16, Series of 2009, an Ordinance Amending Title 6, Chapter 3,
Article C of the Vail Town Code by the Addition of a New Subsection, Entitled "Drug
Paraphernalia"; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 2, Series of 2008, on first reading.
BACKGROUND: The drime of possession of drug paraphernalia within the Town of Vail is of
paramont concern and efficient police regulation of such a crime would preserve the general
welfare of the citizens of the Town. The use of drug paraphernalia is already prohibited by
Colorado State Statute.
STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No.
2, Series of 2008, on first reading.
ATTAC H M E NTS
Ordinance No. 16, Series of 2009
6i� 6izoo9
ORDINANCE NO. 16
SERIES OF 2009
ORDINANCE AMENDING TITLE 6, CHAPTER 3, ARTICLE C OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW SUBSECTION, ENTITLED "DRUG PARAPHERNALIA"; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, the Council finds that the crime of possession of drug paraphernalia within
the Town of Vail is of paramount concern and efficient police regulation of such a crime would
preserve the general welfare of the citizens of the Town; and
WHEREAS, the Council finds and determines that the public health, safety, and welfare
will be served by the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT;
Section 1. Title 6, Chapter 3, Article C, of the Vail Town Code is hereby amended by the
addition of Sub-Section 6-3C-7, to read as follows:
SECTION 6-3C-7 Drug Paraphernalia:
A. Definition: For purposes of this section, DRUG PARAPHERNALIA means all equipment,
products, and materials of any kind which are used, intended for use, or designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a
controlled substance in violation of the laws of this state. "Drug paraphernalia" includes, but is not
limited to:
(1) Testing equipment used, intended for use, or designed for use in identifying or in
analyzing the strength, effectiveness, or purity of controlled substances under circumstances in
violation of the laws of this state;
(2) Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances;
(3) Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from or in otherwise cleaning or refining marihuana;
(4) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances;
(5) Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances;
Ordinance No. 16, Series of 2009
6/l 6/2009
8-1-1
(6) Containers and other objects used, intended for use, or designed for use in storing or
concealing controlled substances; or
(7) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise
introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or
without screens, permanent screens, hashish heads, or punctured metal
bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips, meaning objects used to hold burning material, such as a
marihuana cigarette that has become too small or too short to be held in
the hand;
(fl Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
Q) Air-driven pipes;
(k) Chillums;
(I) Bongs; or
(m) Ice pipes or chillers.
B. Drug Paraphernalia determination considerations:
(1) In determining whether an object is drug paraphernalia, a court, in its discretion, may
consider, in addition to all other relevant factors, the following:
(a) A statement by an owner or by anyone in control of the object concerning
its use;
(b) The proximity of the object to controlled substances;
(c) The existence of any residue of controlled substances on the object;
(d) Direct or circumstantial evidence of the knowledge of an owner, or of
anyone in control of the object, or evidence that such persons who he
knows or reasonably should know, that it will be delivered to persons who
he knows or reasonably should know, could use the object to facilitate a
violation of this section;
(e) Instruction, oral or written, provided with the object concerning its use;
(fl Descriptive materials accompanying the object which explain or depict its
use;
(g) National or local advertising concerning its use;
Ordinance No. 16, Series of 2009
6/l 6/2009
8-1-2
(h) The manner in which the object is displayed for sale;
(i) Whether the owner, or anyone in control of the object, is a supplier of like
or related items to the community for legal purposes, such as an
authorized distributor or dealer of tobacco products;
Q) The existence and scope of legal uses for the object in the community;
(k) Expert testimony concerning its use.
(2) In the event a case brought pursuant to this sub-section is tried before a jury, the
court shall hold an evidentiary hearing on issues raised pursuant to this section.
C. Possession of Drug Paraphernalia:
A Person commits the crime of possession of drug paraphernalia if he possesses drug
paraphernalia and knows or reasonably should know that the drug paraphernalia could be used
under circumstances in violation of the laws of this state.
D. Unlawful Acts Designated:
It is unlawful to possess or use drug paraphernalia.
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 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 3. 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 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 4. 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 16 day of June, 2009, and a public
hearing for second reading of this Ordinance set for the 7 th day of July, 2009, at 6:00 P.M. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 16, Series of 2009
6/l 6/2009
8-1-3
F
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Second Reading of an Ordinance Defining Electronic Personal Assistive
Mobility Device ("EPAMD"); Establishing Regulations Regarding the Operation of Such
Devices in the Town of Vail; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire Gregg Barrie
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 15, Series of 2009, on second reading.
BACKGROUND: On June 2, 2009, Council passed Ordinance No. 15, Series of 2009 with
amendments on First Reading. See Staff Memorandum
STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No.
15, Series of 2009, on second reading.
ATTAC H M E NTS
Ordinance No. 15, Series of 2009
Staff Memorandum
6i� 6izoo9
ORDINANCE NO. 15
SERIES OF 2009
AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY
DEVICE ("EPAMD"); ESTABLISHING REGULATIONS REGARDING THE
OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Town promotes alternative transportation modes that are
environmentally friendly and that reduce society's dependence on fossil fuels; and
WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define
Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor
vehicle traffic laws except as provided in the Ordinance; implement regulations for the
operation of EPAMDs in the Town of Vail; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. DEFINITIONS
Electronic Personal Assistive Mobility Device ("EPAMD") means a self-balancing,
nontandem two-wheeled device, designed to transport only one person, which is
powered solely by an electronic propulsion system producing an average power output
of no more than seven hundred fifty watts.
Section 2. OPERATION OF EPAMDs AUTHORIZED
Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be
exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other
Town ordinances that regulate motorized vehicles in Town.
Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS
For the purposes of operation, parking, and equipment and subject to the additional
regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall
be subject to the provisions and regulations concerning bicycles contained in the Model
Traffic Code, as adopted by the Town of Vail.
Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs
Ordinance No. 15, Series of 2009
6�2��9
1 1
A. It shall be unlawful for any person to operate EPAMDs in the following public areas:
(1) Vail Nature Center
(2) Betty Ford Alpine Garden
(3) Village Streamwalk (currently pedestrian only)
(4) All children's playgrounds
(5) All turf areas
(6) All natural/unimproved areas
B. The rider of an EPAMD shall have all the same rights and duties as an operator of
any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that
by their nature have no application and have not otherwise been lawfully amended by
this Ordinance.
Section 5. FURTHER RESTRICITONS ON EMPADs
It shall be unlawful to operate EPAMD's on streets and highways that are parts of the
state highway system.
Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs
Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older.
Section 7. VIOLATIONS
Violations of this Ordinance shall be punishable in accordance with the Section 1-4-1 of
this Code.
Section 8. EXCEPTIONS
The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD
when that devise is operated by a person with a mobility impairment caused by physical
disability who uses the device to enhance that person's mobility.
Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION
This Ordinance, and the rights granted by this Ordinance, shall expire on September 30,
2009.
Section 10. 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 11. 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 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.
Ordinance No. 15, Series of 2009
6�2��9
1 2
Section 12. 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 2n day of June, 2009, and a
public hearing for second reading of this Ordinance set for the 16 day of June, 2009, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN
FULL this 16 day of June, 2009.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 15, Series of 2009
6�2��9
9-1-3
MEMORANDUM
TO: Vail Town Council
FROM: Town Staff
DATE: June 16, 2009
SUBJECT: Ordinance amendment allowing Electronic Personal Assistive Mobility
Devices on Vail Recreation Paths
Backqround
It has been requested that the Town of Vail amend TITLE 7, MOTOR VEHICLES AND TRAFFIC, VAIL
TOWN CODE to allow the use of Electronic Personal Assistive Mobility Devices (EPAMDs) on the town's
recreation paths. The current ordinance prohibits motorized vehicles. During the May 19, 2009 Town
Council meeting, staff was directed to prepare an amended ordinance.
A draft ordinance is attached. Several issues have been raised and are outlined below.
Private, State, and Federal Propertv
Vail's recreation path system consists of detached recreation trails, attached bicycle lanes and residential
streets. Various sections of the system fall on town-owned property, private property, and Colorado
Department of Transportation/Federal Highway Administration (CDOT/FHWA) property.
Staff recommends that the proposed ordinance should address only portions of the system that fall on
town-owned property and right-of-way. The attached map outlines portions of the path system that fall on
private or CDOT/FHWA property.
Town-owned Property
Residential streets throughout Vail, pedestrian areas of Vail Village, some pedestrian areas within
Lionshead and the majority of the Gore Valley Trail east of Golden Peak as well as parks and
open space areas. Bighorn Road east of the East Vail Exit is town-owned right-of-way.
Private Property
The Gore Valley Trail through the Cascade Village area; through the Lionshead, Vista Bahn and
Golden Peak base areas; and the Front Door and Arabelle are the most notable sections of path
through private property. Some of the easement agreements allowing the recreation path route
through private property specifically prohibit "motorized vehicles of all types."
CDOT/FHWA
The Gore Valley Trail west of Donovan Park through Dowd Junction, the North Recreation Path
from West Vail to Main Vail and several short sections of the paths east of Vail Village fall within
I-70 right-of-way. It is possible that due to the new state law prohibiting the use of EPAMDs on
recreation paths, that CDOT and the FHWA could prohibit their use within I-70 right-of-way.
The new state law does prohibit their use on all portions of the State Highway system which
would include the Vail Frontage Roads west of the East Vail exit.
The Dowd Junction section of the Gore Valley Trail falls outside of Town of Vail boundaries in
unincorporated Eagle County and in CDOT/FHWA Right of Way.
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Recommended Prohibited Areas
Due to various potential conflicts, safety issues and maintenance concerns, staff recommends that the
use of EPAMD's should be specifically prohibited in the following town-owned areas:
1. Ford Park
2. Vail Nature Center
3. Betty Ford Alpine Garden
4. Village Streamwalk (currently pedestrian only)
5. Covered Bridge
6. All children's playgrounds
7. All turf areas
8. All natural/unimproved areas
Other Prohibitions
Staff recommends operating EPAMD's should be prohibited within certain special events and large
gatherings such as the 4 of July Parade route, Teva Games, Oktoberfest and other such events as
determined.
Other Policv Concerns
Vail adopted the Regional Trails Plan in 2001. The plan references a"non-motorized trail system".
However, there is no agreement between the town and ECO Trails that specifically excludes the use
of motorized vehicles.
Staff will plan to monitor the use of EPAMDs throughout the summer in order to address any conflicts
and concerns that may arise.
Staff Recommendations
Discuss and finalize the list of prohibited areas and other prohibitions
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F
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Second reading of Ordinance No. 12, Series of 2009, an ordinance establishing
Special Development District No. 41, the Vail Row Houses, pursuant to Article 12-9A, Special
Development (SDD) District, Vail Town Code, and setting forth details in regard thereto.
PRESENTER(S): Bill Gibson
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 12, Series of 2009, on second reading.
BACKGROUND: On June 2, 2009, the Town Council approved the first reading of Ordinance
No. 12, Series of 2009, with modifications, by a vote of 5-2-0 (Cleveland and Hitt opposed).
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
that the Town Council approves, on second reading, Ordinance No. 12, Series of 2009, an
ordinance establishing Special Development District No. 41, the Vail Row Houses, pursuant to
Article 12-9A, Special Development (SDD) District, Vail Town Code, and setting forth details in
regard thereto.
ATTAC H M E NTS
Town Council Memo
Ordinance No. 12, Series of 2009
6i� 6izoo9
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: June 16, 2009
SUBJECT: Second reading of Ordinance No. 12, Series of 2009, an ordinance establishing
Special Development District No. 41, the Vail Row Houses, pursuant to Article
12-9A, Special Development (SDD) District, Vail Town Code, and setting forth
details in regard thereto. (PEC080074)
Applicant: Christopher Galvin, represented by K.H. Webb Architects and
Mauriello Planning Group
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, Christopher Galvin, represented by K.H. Webb Architects and Mauriello
Planning Group, is requesting a second reading of Ordinance No. 12, Series of 2009, an
ordinance establishing Special Development District No. 41, the Vail Row Houses,
pursuant to Article 12-9A, Special Development (SDD) District, Vail Town Code, and
setting forth details in regard thereto.
The existing Vail Row Houses were originally developed under Eagle County jurisdiction
as a townhouse development with individually subdivided lots. The subject properties
were subsequently annexed by the Town of Vail and zoned High Density Multiple-Family
(HDMF) District. The HDMF District is intended to regulate multi-unit condominium style
developments with a single, common development site. The HDMF District was not
intended to regulate townhouse style develop; and therefore, the existing Vail Row
Houses are legally non-conforming in regard to many of the HDMF standards. The
purpose of the proposed special development district is to create a"townhouse" style
zoning for the Vail Row Houses and to facilitate future conforming redevelopment.
II. BACKGROUND
The Planning and Environmental Commission held work sessions to discuss this request
at its December 22, 2008, and March 9, 2009, public hearings. On April 13, 2009, the
Planning and Environmental Commission voted 5-0-0 to forward a recommendation of
approval to the Town Council for the proposed special development district.
On May 5, 2009, the Town Council discussed this proposed ordinance and tabled the
first reading for further discussion at its June 2, 2009, public hearing. The applicant
subsequently amended their application to further address the concerns noted by the
Council at its May 5 th hearing.
On June 2, 2009, the Town Council approved the first reading of Ordinance No.12,
Series of 2009, with modifications, by a vote of 5-2-0 (Cleveland and Hitt opposed). The
modifications included requirements that future driveway snowmelt be operated with an
energy efficient shared system; that parking shall be allowed in the street right-of-way
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6/l6/2009
10-1-1
subject to a renewable 10-year lease agreement; that the SDD expires and must be
renewed every five years, rather than the standard three year expiration; that the entire
proposed $70,000 donation to AIPP and Roger Staub Park be paid in-full prior to the first
renovations in the SDD, rather than in seven individual payments over time; that if
dwelling units are consolidated in the future, there be no fewer than 7 units in the SDD;
and as a condition of approval that any existing Vail Row House improvements located
in the adjacent Town owned Gore Creek stream tract must be removed. These
modifications have been integrated into the attached Ordinance No.12, Series of 2009.
While making the motion for approval of the first reading of this ordinance on June 2nd,
Council Member Daly requested that Staff evaluate the most appropriate method for
allowing the proposed Vail Row Houses parking in the Gore Creek Drive right-of-way.
Staff had concerns with the previous ordinance language proposed by the applicant that
could have made a standard Revocable Right-of-Way Permit irrevocable; therefore, Staff
recommended the Council consider a lease agreement for the parking encroachments.
Since the first reading, Staff and the applicant have modified the proposed ordinance
language to state that parking "may be" permitted, rather than "shall be", permitted within
the right-of-way "contingent upon" the applicant obtaining a revocable right-of-way
permit. This slight modification in language eliminates the previous conflict between an
ordinance creating a irrevocable parking encroachment ("shall"), while issuing a
revocable permit ("may"). This proposed modification has been integrated into the
attached Ordinance No.12, Series of 2009.
Since the first reading the applicant has researched the concept of using a common
snowmelt boiler system for the various lots in the Vail Row Houses. The applicant
believe such a scenario presents practical difficulties for the ownership group given that
some lots already have existing snowmelt boiler systems, and there is no home owners
association at the Vail Row Houses to manage the use, maintenance, billing, etc. of a
common boiler system. In keeping with the intent of the Town Council's modification to
the ordinance, the applicant is proposing that "any new snowmelt system installed on
any of the lots shall utilize a"new technology" boiler with at least a 95% efficiency rating
and be approved as such by the Community Development Department." If the Council
determines that this statement achieves the intent of the first reading modifications, Staff
recommends the Council integrate this language into Section G of the ordinance.
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
The Planning and Environmental Commission forwarded a recommendation of
approval to the Town Council for the establishment of the proposed special
development district, and setting forth details in regard thereto. Should the Town
Council choose to approve this request, the Planning and Environmental Commission
recommended the Town Council passes the following motion:
"The Town Council approves, on second reading, Ordinance No. 12, Series of
2009, an ordinance establishing Special Development District No. 41, the Vail
Row Houses, pursuant to Article 12-9A, Special Development (SDD) District, Vail
Town Code, and setting forth details in regard thereto."
Should the Town Council choose to approve this request; the applicant requests the
Town Council applies the following condition(s) based upon the applicant's amended
proposal:
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6/l6/2009
10-1-2
1. "Prior to the addition of GRFA to any dwelling unit within The Vail Row
House SDD, the owner of Lot 13 shall dedicate the 915 sq. ft. (10-foot wide)
strip of land as indicated on the Approved Development Plan located on the
east side of Lot 13 to the Town of Vail. This dedication shall be processed
as part of a subdivision application for Lot 13. The 915 sq. ft. dedication
shall be restricted to passive park use.
2. The applicant agrees that The Vail Row Houses shall provide $70,000 to the
Town of Vail to be used for public art or Roger Staub park improvements, at
the Town's discretion. The funds will be provided prior to receiving a
building permit for redevelopment of and the addition of GRFA to any lot.
3. The applicant shall remove any private improvements from the Town of
Vail's Gore Creek Stream tract adjacent to The Vail Row Houses prior to
receiving a building permit for redevelopment of and the addition of GRFA to
any lot."
Should the Town Council choose to approve this request, the Planning and
Environmental Commission recommended the Town Council makes the following
findings:
"Based upon the review of the criteria outlined in Section IV of Staff's April 27,
2009, memorandum and the evidence and testimony presented, the Town
Council finds:
"1. That the SDD complies with the standards listed in subsection A of this
section, and that a practical solution consistent with the public interest has been
achieved; and
2. That the SDD is consistent with the adopted goa/s, objectives and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
4. That the SDD 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.
IV. ATTACHMENTS
A. Ordinance No. 12, Series of 2009
3
6/l6/2009
10-1-3
ORDINANCE NO. 12
Series of 2009
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 41 THE VAIL
ROW HOUSES, PURSUANT TO ARTICLE 12-9A, SPECIAL DEVELOPMENT (SDD)
DISTRICT, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Article 12-9A, Special Development (SDD) District, Vail Town Code, sets forth
the procedures for establishing special development districts; and
WHEREAS, The Vail Row Houses, have submitted an application to the Town of Vail to
establish Special Development District No. 41, The Vail Row Houses, to facilitate the redevelopment
of an existing residential development; and
WHEREAS, The Vail Row Houses, was originally developed underthejurisdiction of Eagle
County in 1963 and platted as "townhouses" and later zoned High Density Multiple Family
Residential by the Town of Vail; and
WHEREAS, the High Density Multiple Family Residential zone districtwas modified overthe
years directed at larger parcel multiple family projects rendering the Vail Row Houses
nonconforming with respect to numerous zoning standards; and
WHEREAS, the proposed SDD will create "townhouse" style zoning on the property and
allow it to be a conforming use and development; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public
hearing on April 13, 2009, on the application to establish Special Development District No. 41, The
Vail Row Houses, in accordance with the provisions of the Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded
a recommendation of approval by a vote of 5-0-0 of this request to establish Special Development
District No. 41, The Vail Row Houses, to the Vail Town Council; and
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, complies with the design criteria prescribed in
Title 12, Zoning Regulations, Vail Town Code, and that a practical solution consistentwith the public
interest has been achieved.
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, is consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with the development
objectives of the town; and
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds and determines that the request to establish Special
Development District No. 41, The Vail Row Houses, 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.
Ordinance No. 12, Series of 2009, second reading
6/] 6/200�
10-2- 1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. District Established
Special Development District No. 41, The Vail Row Houses, is established for
redevelopment on 7 parcels of land, legally described as Lots 7 though 13, a Resubdivision
of Block 5 and a part of Gore Creek Drive, Vail Village First Filing, which comprises 7 lots
and a total of 20,997 square feet (0.48 acres) in the Vail Village area of the Town of Vail plus
the 915 sq. ft. portion of Lot 13 to be dedicated to the Town of Vail for park use as a
condition of this approval. Said parcels may be referred to as "SDD No. 41". Special
Development District No. 41 shall be reflected as such on the Official Zoning Map of the
Town of Vail. The underlying zoning for Special Development District No. 41, The Vail Row
Houses, shall be High Density Multiple Family (HDMF) District.
Section 2. Special Development District No. 41, The Vail Row Houses, Approved
Development Plan
An approved development plan and this ordinance are the principal documents in guiding
the development, uses and activities of a special development district. The Approved
Development Plan for Special Development District No. 41, The Vail Row Houses, shall be
comprised of materials submitted in accordance with Section 12-9A-5 of the Vail Town Code
including those plans prepared by KH Webb Architects, entitled Vail Rowhouses, Site Plan
A001, revisions dated 04.28.09.
Section 3. Development Standards
In conjunction with the Approved Development Plan described in Section 2 herein, the
following development standards are hereby adopted by this ordinance. The development
standards for Special Development District No. 41, The Vail Row Houses, are described
below:
The development standards as outlined below apply to the individual lots (Lots 7 through
13) of the Vail Row Houses, as modified for this SDD:
A. Permitted, Conditional, and Accessory Uses:
The permitted, conditional, and accessory uses allowed in Special
Development District No. 41, The Vail Row Houses, shall be those uses
listed in Title 12, Chapter 6, Article H, High Density Multiple Family zone
district, Vail Town Code, as may be amended from time to time.
B. Lot Area and Site Dimensions:
The minimum size for each lot shall be as each lot exists today, as further
described on the Approved Development Plan; however, allowing for minor
changes to lot lines to correct any encroachments. The following minimum
size for Lot 13 is based upon a 915 sq.ft. land dedication to the Town of Vail.
Lot# Lot size
7 2,744
8 2,614
9 2,396
10 2,265
11 2,309
12 2,919
13 4,835
TOTALS 20,997
Ordinance No. 12, Series of 2009, second reading
6/] 6/200�
10-2-2
The minimum site dimensions for each lot shall be as each lot exists today
as further described on the Approved Development Plan; however, allowing
for minor changes to lot lines to correct any encroachments.
C. Setbacks:
The minimum setbacks for Special Development District No. 41, The Vail
Row Houses, shall be as indicated on the Approved Development Plan. The
minimum front and rear setback shall be 20 ft. The minimum side setback
shall be zero feet, except for Lot 13, which shall maintain a minimum setback
of 10 ft. from the new eastern property line (based on the new property line
following the 10 ft. land dedication for a total of 20' to the original lot line).
The 50 ft. steam setback from Gore Creek shall be maintained.
Balconies, decks, terraces, and other similar unroofed features may project
into the required setback areas in accordance with Section 14-10-4,
Architectural Projections, Decks, Balconies, Steps, Bay Windows, etc., Vail
Town Code.
D. Height:
For a sloping roof, the height of buildings shall not exceed 48 ft. However,
additional height restrictions apply to the front (southern farade) to maintain
the appearance of a 2-3 story building along Gore Creek Drive. The eave
height is limited to 35 ft. to the initial eave of the front farade along Gore
Creek Drive, measured from finished grade. Eave height is defined as the
distance from finished grade to the top of the sheathing of the initial primary
eave of the structure.
E. Density Control:
No more than 150 sq. ft. of GRFA shall be permitted for each 100 sq. ft. of
total site area of each lot. Due to the increase in allowable GRFA, the Vail
Row Houses is not eligible forthe "Additional 250" or InteriorConversions as
described in 12-15-5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA
(250 ORDINANCE) and 12-15-04 INTERIOR CONVERSIONS. Lot 13 is
further restricted to a total of 6,770 sq. ft. of GRFA.
GRFA and Density for each lot shall not exceed the following:
Lot GRFA Density
Lot 7 4,116 2 du
Lot 8 3,921 2 du
Lot 9 3,594 1 du
Lot 10 3,397 2 du
Lot 11 3,463 2 du
Lot 12 4,378 2 du
Lot 13 6,770 2 du
However, any lot that is redeveloped shall be reduced in the number of units
in order to comply with on-site parking requirements.
In any case, the total number of units for Lots 7 through 13 shall not exceed
13 dwelling units or be less than 7 dwelling units. If any of the units are
consolidated into fewer units on an individual lot, no amendment to this SDD
shall be required. However, if any of the units are consolidated into fewer
Ordinance No. 12, Series of 2009, second reading
6/] 6/200�
10-2-3
units, the number of consolidated units shall become the maximum allowable
density for both the subject individual lot and the entire development site.
If any lots are consolidated, GRFA for the consolidated lot shall be a total
of the allowable GRFA for each lot.
F. Site Coverage:
Site coverage shall not exceed 55% of the total site area of each lot, with
the additional restriction that above-grade site coverage shall not exceed
50% of the total site area of each lot. Above grade shall mean from grade
level or entry level and above at the south elevation of the buildings.
G. Landscaping and Site Development:
At least 20% of the total site area of each lot shall be landscaped, except for
Lots 11 and 12. Lots 11 and 12 shall have no net loss of landscape area.
The following is the existing landscape area of each lot.
Landscape Landscape
Lot Sq. Ft. Percentage
Lot 7 857 32%
Lot 8 796 30%
Lot 9 658 28%
Lot 10 624 27%
Lot 11 428 12%
Lot 12 160 7%
Lot 13 2,119 44%
Because of the minimal opportunity for landscaping, when redevelopment of
a lot occurs, the parking surface of the lot shall be converted to concrete unit
pavers or other material (as approved by the Design Review Board) and a
snowmelt system shall be installed. Any new snowmelt system installed shall
be a shared system with other owners and shall be an efficient system
reviewed and approved by the Community Development Department.
H. Parking and Loading:
Parking requirements shall be based on the current number of parking
spaces and dwelling units.
Lot 7 2 du 2 parking spaces
Lot 8 2 du 2 parking spaces
Lot 9 1 du 2 parking spaces
Lot 10 2 du 2 parking spaces
Lot 11 2 du 2 parking spaces
Lot 12 2 du 2 parking spaces
Lot 13 2 du 4 parking spaces
If any dwelling units are eliminated, there shall be no fewer than 2 parking
spaces for each lot. Due to site constraints, there is no requirement for
enclosed or screened parking. The parking may be permitted to be located
within the front setback, and partially within the Town of Vail right-of-way as it
exists currently contingent upon the lot owners obtaining Town of Vail
approval of a revocable right-of-way permit. A revocable right-of-way permit
Ordinance No. 12, Series of 2009, second reading 4
6/] 6/2009
10-2-4
must be obtained for all improvements within the right-of-way.
When a unit is redeveloped or the addition of GRFA occurs, the parking
requirements as provided in Section 12-10-10A of the Town Code for the
subject lot shall be satisfied onsite (with right-of-way encroachments as
currently exist).
I. Employee Housing:
Employee Housing shall be provided in accordance with Chapter 24:
Inclusionary Zoning. Due to site constraints, the inclusionary zoning
requirement shall be met through the fee-in-lieu or the provision of off-site
employee housing unit(s). The Vail Row Houses shall provide an additional
5% of mitigated floor area or equivalent pay in-lieu amount over the
requirements of Chapter 24, Inclusionary Zoning, as may be adjusted from
time to time.
J. Expiration and Amendment:
This SDD is established to set zoning standards for the future redevelopment
of individual dwelling units within the SDD. The SDD expires in five (5) years
from the effective date of this ordinance. Nothing herein prevents an
amendment to the SDD by any ownerwithin the SDD. If an amendment only
affects the applicant's property, no written consent is required from other
owners within the SDD.
Section 4. Conditions of Approval
The following conditions of approval shall become part of the Town's approval of the
establishment of Special Development District No. 41, The Vail Row Houses:
1. Prior to the addition of GRFA to any dwelling unit within The Vail Row House
SDD, the owner of Lot 13 shall dedicate the 915 sq. ft. (10-foot wide) strip of
land as indicated on the Approved Development Plan located on the east side
of Lot 13 to the Town of Vail. This dedication shall be processed as part of a
subdivision application for Lot 13. The 915 sq. ft. dedication shall be restricted
to passive park use.
2. The applicant agrees that The Vail Row Houses shall provide $70,000 to the
Town of Vail to be used for public art or Roger Staub park improvements, at the
Town's discretion. The funds will be provided prior to receiving a building
permit for redevelopment of and the addition of GRFA to any lot.
3. The applicant shall remove any private improvements from the Town of Vail's
Gore Creek Stream tract adjacent to The Vail Row Houses prior to receiving a
building permit for redevelopment of and the addition of GRFA to any lot.
Section 5. 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 Vail 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.
Ordinance No. 12, Series of 2009, second reading
6/] 6/200�
10-2-5
Section 6. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof. The Council's finding, determination and declaration is based upon
the review of the criteria prescribed by the Town Code of Vail and the evidence and
testimony presented in consideration of this ordinance.
Section 7. The amendment of any provision of the Town Code of Vail 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 8. 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 2 day of June, 2009 and a public
hearing for second reading of this Ordinance set for the 16 day of June, 2009, at 6:00 p.m.
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 12, Series of 2009, second reading
6/] 6/200�
10-2-6
F
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Resolution No. 18, Series of 2009, a resolution to amend the Special Business
Promotion Permit, and setting forth details in regard thereto.
PRESENTER(S): Sybill Navas Kelli McDonald Rachel Friede
ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council approve,
approve with modifications, or deny Resolution No. 18, Series of 2009.
BACKGROUND: On February 19, 2008, the Vail Town Council approved resolution No. 3,
Series of 2008, which established the Special Business Promotion Permit Guidelines. The
purpose of the Special Business Promotion Permit is to allow individual businesses to have a
special event with the broader purpose of improving economic vitality within the Town of
Vail. In 2008, three (3) permits were issued, and thus far in 2009, seven (7) permits have been
issued to Vail businesses. Examples of events include grand openings, artist events, business
marketing and real estate events. Staff is proposing to amend the Special Business
Promotion Permit Guidelines in order to expand the types of events that would qualify,
provide clarity and update dates, as follows:
1. Allow for events that benefit non-profits in lieu of a public activity
2. Examples are being added to provide clarification
3. Addition of language to remind vendors that they can contact special event producers
directly to participate in other special events
4. Change of restriction dates to reflect adoption through 2012
5. Additional language regarding insurance requirements
STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve
Resolution No. 18, Series of 2009.
ATTAC H M E NTS
Resolution No. 18, Series of 2009
6i� 6izoo9
MEMORANDUM
TO: Vail Town Council
FROM: Sybill Navas, Special Events Coordinator
DATE: June 16, 2009
SUBJECT: Resolution No. 18, Series of 2009, a resolution to amend the Special Business
Promotion Permit Guidelines, and setting forth details in regard thereto.
I. PURPOSE
The purpose of this hearing is to review and vote on Resolution No. 18, Series of 2009,
a Resolution to amend the Special Business Promotion Permits, and setting forth details
in regard thereto.
II. BACKGROUND
On February 19, 2008, the Vail Town Council approved resolution No. 3, Series of 2008,
which established the Special Business Promotion Permit Guidelines. The purpose of
the Special Business Promotion Permit is to allow individual businesses to have a
special event with the broader purpose of improving economic vitality within the Town of
Vail. In 2008, three (3) permits were issued, and thus far in 2009, seven (7) permits
have been issued to Vail businesses. Examples of events include grand openings, artist
events, business marketing and real estate events.
Staff is proposing to amend the Special Business Promotion Permit Guidelines in order
to expand the types of events that would qualify, provide clarity and update dates, as
follows:
Allow for events that benefit non-profits in lieu of a public activity.
Examples are being added to provide clarification
Addition of language to remind vendors that they can contact special event
producers directly to participate in other special events
Change of restriction dates to reflect adoption through 2012
Additional language regarding insurance requirements
IIL ACTION REQUESTED OF COUNCIL
Staff requests that the Vail Town Council approve, approve with modifications, or deny
Resolution No. 18, Series of 2009.
IV. STAFF RECOMMENDATION
Staff recommends that the Vail Town Council approve Resolution No. 18, Series of
2009.
V. ATTACHMENTS
A. Resolution No. 18, Series of 2009
�n 6i2oo9
ii-i-i
Attachment A
RESOLUTION NO. 18
Series 2009
A RESOLUTION AMENDING THE SPECIAL BUSINESS PROMOTION PERMIT; AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, The members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, On February 19, 2008, the Council established the Special Business
Promotion Permit to enhance the economic vitality of the Town; and
WHEREAS, the Council determines that amending the Special Business Promotion
Permit will provide added benefit to the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1. The Council hereby amends the Special Business Promotion Permit, and
approves the Special Business Promotion Permit Guidelines dated June 3, 2009,
copies of which are attached hereto as Exhibit A, and made a part hereof by this
reference.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 16th day of June, 2009.
Richard D. Cleveland, Town Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 18, Series 2009
6/] 6/2009
11-1-2
Special Business Promotion Permit Guidelines
�W�'OF VAIL
ccutirisiev na sw:ca� cvrrvrs
Purpose: A Special Business Promotion Pennit provides an opportunity for an individual busuiess to hold a
proinotional event extending beyond the interior premises of the business locatioil that provides additional
activities beyond day-to-day business. Outdoor sales of goods alone are not eligible for a special business
promotion permit.
Who Can Apply? Any business that holds a cLirrent Town of Vail Business License whose physical address is
located within one of the commercial aild business districts in the Towi1 of Vail, as outliiled in Chapter 12-7, Vail
Town Code. For questions or to schedule your proinotion contact: specialevents�a�vailgov.com
Conditiions:
1. Additional Activities: The event must have activities that are not part of everyday business activities of the business
and/or that benefit a local charitable organization. The activities should add vitality to the exterior of the business and
provide activities for the general public. Examples includc providing entertainment such as musicians and artists, and
providing frec samples and givcaways. Outdoor display of goods is encouragcd, but does not constitutc "additional
activitics."
2. Location: The event inust at least partially occur outdoors and shall be located adjacent to the applicant's business
location. The event shall not impact the frontage of neighboring businesses unless the affected business owners provide a
written letter of approval. The event may not talce place within an approved special event perinit area during the special
event. Businesses that want to participatc in a spccial event should contact thc event promotcr dircctly to bc added to
thc special event permit.
3. Permits Pcr SBPP Zonc: No more than four SBPP will be issued for promotions in each established SBPP zone at any
one time, per the SBPP map in these guidelines.
4. Pcrmits Per Business: �ach busuless may be issued up to four SBPP per calendar year, with at least thirty days between
the end date of a pei7nit and the start date of the next pennit.
5. Dates Restrictcd: SBPP will not be issued for events occuning during the following dates: July 3-6, 2009; Dec. 25, 2009-
Jan 1, 2010; Fcb 12-22, 2010 and July 2-5, 2010; Dec 25, 2010-Jan 1, 2011; Fcb 11-21, 2011 and July 2-5, 2011; Dcc 25,
2011-Jan 1, 2012; Feb 10-20, 2012.
6. Lcngth of evcnt: The event may not exceed 72 contiguous hours.
7. I oisc and Lighting: The event must coinply with noise and lighting regulations within the Vail Town Code.
8. Signage: ln addition to allowed signage per Title 1l, Sign Regulations, the event is perinitted up to 30 square feet of
signage that shall comply with Chapter 11-5, Design Guidelines and Standards, Vail Town Code.
9. Outdoor Display of Goods: Any outdoor display of goods must be located on the business' property. Cardboard boxes
will not be allowed to hold or display products unless they are the product's original packaging.
10. Circulation: The event shall not impede pedestrian and vehicular circulation and thus, shall not blocic or encroach upon
the required ulgress/egress of doorways, wallcways, stairways, and parlcing or loading/delivery spaces.
11. Public Safety: The event shall not pose any risks to public safety, as determined by the Town of Vail Event Review
Committec. The event shall not block or encroach upon any fire lane, fire staging area, and shall maiiltain a minimum
distance to fire hydrants of seven (7) feet to side or rear, and fo�uteen (14) feet to the front.
12. Insurancc: If any portion of this cvcnt will takc placc on Town of Vail property or a public cascmcnt, attach Proof
of Insurancc in thc minimum amount of $1,000,000 naming thc Town of Vail as additional insured.
13. Additional Permits: Additional pennit inay be required if:
a. You are serving or selluig food. lf so, all Temporary Food �vent Operational Requireinents must be adhered to. For inore
infonnation contact the Town of Vail �nvironmental Health Officer at 970 479-2333.
b. 1lmplified Sound will be part of your promotion. lf yes, you will need to subinit a Town of Vai111mplified Sound Pei7nit
Application and provide verification of notice to neighboring businesses.
c. You intend to serve or sell alcoholic beverages beyond your licensed premise. lf yes, contact the Vail Town Clerlc at 970
479-2136 for morc information a ininimuin of 60 days prior to your activity.
d. Any structure larger than a 1Ox10 canopy is proposed for the site. Larger structures will require a Temporary Tent Permit
and a site inspection by a member of the Vail Fire Department.
6/l6/2009
SBPP Applicatioil Resolution Nq 1�3, �eries of 2009: Exhibit A Revised: 6/4/09
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6/] 6/2��9
SBPP Applicatioil Resolution Nq 1�3, �eries of 2009: Exhibit A Revised: 6/4/09
Special Business Promotion Permit Application
�W�'OF VAIL
ccu4risiev na sw:ca� cvrrvrs
A S25 non-refundable application fee must accompany this application. nn additional ref�uldable deposit may be required,
dependant upon the scope and scale of your activity. Submit Completed Application no less than 3 weelcs (21 days) and no
more than six months prior to the requested dates to:
Special �vents Coordinator
75 South Frontage Rd, Vail, CO 81657
Phone: 970 37E-2394 or FnX 970 47E-7141
�mail address: specialevents c�vailgov.com
BUSII ESS I AME: Phone:
Business Physical nddress:
Business Mailing Address:
Contact Name: Cell Phone:
E-mail address:
DATES/TIMES OF THE PROMOTIOI
Set-up: Date Time:
Start: Date Time:
�nd: Date Time:
Dismantle Date Time:
LOCATIOI Please attach a detailed drawing (8 '/z x 11 paper) of the site you wish to use illustrating placement of all
tables, signage, canopies, banners, etc.
SCOPE OF ACTIVITIES: Describe in detail the location and scope of the promotion and any activities to be included. List
all types of advertising and/or sampling to be utilized during the promotion.
Will you rcquirc additional permits'? I O YES
lf yes, please include application for additional permits.
II SURAI CE: lf any portion of this event will take place on public property or a public easement, attach Proof of
liisurance in the ininimum amount of S 1,000,000 naining the Town of Vail as additional ins�ued.
Special Promotions Permits are only for approved activities and time frames. ln order to receive a refund of deposit aild avoid
a possible Zonuig Violation Summons, all promotional materials and must be removed from the site on the approved ending
date. Site must be iil full zoning compliance for consideration to be given to the application.
Applicant Signature: Datc:
Special Instrucfions:
Approval Signaturc: Date:
Bv Vail Town Clcrk
6/l 6/2009
SBPP Applicatioil Resolution Nq 1�3, �eries of 2009: Exhibit A Revised: 6/4/09
F
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Resolution No. 19, Series of 2009, a Resolution Approving an
Intergovernmental Agreement Between the Town of Vail, Colorado and the State of Colorado
Department of Public Health and Enviroment Regarding the Authorization to Provide
Community Consumer Protection Services; and Setting Forth Details in Reagrd Thereto.
PRESENTER(S): Bill Carlson
ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to
sign and enter into the IGA with Colorado Department of Health and Environment.
BACKGROUND: The Town of Vail and the Colorado Department of Public Health and
Environment wish to enter into an Intergovernmental Agreement authorizing the Town to
provide community consumer protection services, including but not limited to the regulation of
retail food establishments, schools, child care centes, summer camps, campgrounds, motels
and hotels.
STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign
and enter into the IGA with the Colorado Department of Public Health and Environment in a
form approved by the Town Attorney.
ATTAC H M E NTS
Resolution No. 19, Series of 2009
Exhibit A Environmental Health Contract
6i� 6izoo9
RESOLUTION NO. 19
Series of 2009
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL, COLORADO AND THE STATE OF COLORADO DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT REGARDING THE AUTHORIZATION TO PROVIDE
COMMUNITY CONSUMER PROTECTION SERVICES; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified; and
WHEREAS, the Town and the Colorado Department of Public Health and Environment
(the "CDPHE") wish to enter into an Intergovernmental Agreement ("IGA") authorizing the Town
to provide community Consumer Protection Services, including but not limited to the regulation of
retail food establishments, schools, child care centers summer camps, campgrounds, motels and
hotels; and
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by the adoption of this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA with CDPHE, in substantially the same form as attached hereto as Exhibit A and in
a form approved by the Town Attorney, for the authorization to provide Consumer Protection
Services on behalf of the State of Colorado.
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 16 day of June, 2009.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 17, Series 2009
6/] 6/2009
12-1-1
3+'
DEPr1RTMENT OF PUBLIC HE��I.TH
�1ND ENVIRONMENT
ROUTTNG NO. 10 FF�1 00002
INTERGOVERNMENT CONTRACT
STATE: CONTRACTOR:
State of Colorado for the use benefit of the Town of Vail
Deparanent of Public Health and Environment 75 South Frontage Road
Consumet Protecrion Division Vail, CO 81657
4300 Chexry Creek Dxive South
Denver, CO 80246
CONTRACT MADE DATE: CONTRACTOR ENTITY TYPE:
04/15/2009 Political Subdivision
PO/SC ENCUMBRANCE NUMBER: g4OS713HS
PO FFA CPD1000002 BILLING STATEMENTS RECEIVED:
TERM: (�L1�rteT�y
This contract shall be effective upon approval STATUTORY AUTHORITY:
by the State Controller, or designee, or on Not Applicable
07/Ol /2009, whichever is later. The contract CONTRACT PRICE NOT TO EXCEED:
shall end on 06/30/20014.
$58,935.95
FEDERALFUNDINGDOLLARS: $Q.QQ
SI'ATE FUNDING DOLLARS: $SH ,935.95
MAXIMUM AMOUNT AVAIIABLE PER F"LS('.t1I. YEAR
PROCIJREMENTMEIHOI? F'Y 10: $11,787.19 FY 13: $11,787.19
Exempt FY 11: $11,787.19 FY 14: $11,787.19
BID/RFP/LLSTPRICEAGRREMENTNUMBER: FY 12: $11,787.19
Not Applicable
UlW SPECIFIED VENDOR STATlIIE PRICE SIRUCNRE
Not Applicable F�ed Pxice
STATE REPRF_SEN"CAT[VE CONIRACI'OR RQ'RESEN"CAT[VE
Patricia Klocker Bill Carlson, Retail Food Program
Consumer Protection Division Town of Vail
4300 Cherry Creek Drive South 75 South Frontage Road
Denver, CO 80246 Vail, CO 81657
SCOPE OF WORK:
Contractor shall provide community Consumer Protection Services, including but not limited to
the sanitary regulation (including product sampling) of retail food establishments, schools, child
care centers, summper camps, campgrounds, motels and hotels; respond to envitonmental health
emergencies in its service atea.
CDPHE Version 1 A(4/04) Pa��e� Revised: 4/3/09
12-2-1
a
F� irsris:
The following exhibits aze hereby incorporated:
Exhibit A- Additional Provisions (and any of its Attachments; e.g., A-1, A-2, etc.)
Exhibit B- Statement of Work (and any of its Attachments; e.g., B-1, B-2, etc.)
Exhibit C- I.imited Amendment Template
Exhibit D- Sample Option Letter
COORDINATION:
The State wartants that required approval, cleatance and coordination has been accomplished from and
with appropriate agencies. Section 29-1-203, C.R.S., as amended, encourages governrnents to make the
most efficient arid effective use of their powers and responsibilities by cooperating and contracting with
each other to the fullest extent possible to provide any function, service, or facility lawfully authorized to
each of the cooperating or contracting entities.
APPROVAI:
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
All State of Colorado contracts with its political subdivisions and other governmental entities
aze exempt from the State of Colorado's personnel rules and procurement code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services andlor deliverables. The liability of the State
at any time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made
available, and a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available.
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12-2-2
GENERAL PROVISIONS
The following clauses apply to this contract. ln some instances, these general clauses have been expanded upon in
other sections/exhibits of/to this contract. To the extent that other provisions of the contract provide more
specificity than these general clauses, the more specific provision shall control.
1. Governmental Immunitv. Notwithstanding any other provision to the contruy, no term or condition of this
contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protection or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101
et.seq., CRS, as now or hereafter amended. "The parties understand and agree that liability for claims for
injuries to persons or property arising out of negligence of the State of Colorado, its depamnents, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101
et.seq., CRS and the risk management statutes, Section 24-30-1501, et.seq., CRS as now or hereafter amended.
2. Federal Funds ContingencX. Payment pursuant to this contract, if in federal funds, whether in whole or in
part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof.
ln the event that said funds, or any part thereof, become unavailable, as determined by the State, the State
may immediately terminate this contract or amend it accordingly without liability including liability for
termination costs.
3. Billing Procedures. The State shall establish billing procedures and requirements for payment due the
Contractor in providing performance pursuant to this contract. "The Contractor shall comply with the established
billing procedures and requirements for submission of billing statements. "The State shall comply with CRS 24-
30-202(24) when paying vendors upon receipt of a correct notice of the amount due for goods or services
provided hereunder.
4. Exhibits Interpretation. Unless otherwise stated, all referenced exhibits are incorporated herein and made a
part of this contract. Unless otherwise stated, the terms of this contract shall control over any conflicting terms
in any of its exhibits. In the event of conflicts or inconsistencies between this contract and its exhibits or
attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following
order of priority: 1) the Special Provisions of this Contract; 2) the Additional Provisions Exhibit A and its
attactunents if included; 3) the Contract (other than the Special Provisions); 4) the RFP if applicable and
attached; 5) the Scope/Statement of Work Exhibit B and its attactunents if included; 6) the Contractor's
proposal if applicable and attached; 7) other exhibits/attactunents in their order of appearance.
"The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum
standards of performance that the Contractor must meet under this Contract. If the Contractor's Proposal, if
attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work Exhibit B, establish
or create standards of performance greater than those set forth in the RFP, then the Contractor shall also
meet those standards of performance under this Contract.
5. Notice and Representatives. For the purposes of this contract, the representative for each party is as designated
herein. Any notice required or permitted may be delivered in person or sent by registered or certified mail,
return receipt requested, to the party at the address provided, and if sent by mail it is effective when posted in a
U.S. Mail Depository with sufficient postage attached thereto. Notice of change of address or change or
representative shall be treated as any other notice.
6. Contractor Representations Qualifications/Licenses/Approvals/Insurance. "The Contractor certifies that, at
the time of entering into this contract, it and its agents have currently in effect all necessary licenses,
certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered
by this contract in the state of Colorado. Proof of such licenses, certifications, approvals, insurance, etc.
shall be provided upon the State's request. Any revocation, withdrawal or non-renewal of necessary license,
certification, approval, insurance, etc. required for the Contractor to properly perform this contract, shall be
grounds for termination of this contract by the State.
CDPHE Version 1.0 (4/04) Pa� Revised: 4/3/09
12-2-3
Conuactor certifies that it is qualified to perfor►n such services or provide such deliverables as delineated in this
contract.
7. Le�al Authoritv. The Contractor warrants that it possesses the legal authority to enter into this contract and that
it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and
to lawfully authorize its undersigned signatory to execute this contract and bind the Contractor to its ter►ns. The
person(s) executing this contract on behalf of the Contractor warrant(s) that such person(s) have full
authorization to execute this contract.
8. Insurance Contractor. The Contractor is a"public entity" within the meaning of the Colorado
Governmental Immunity Act (CGIA), section 24-10-101, et s�, C.R.S., as amended: Therefore, at all
times during the initial term of this Contract, and any renewals or extensions hereof, the Contractor shall
maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the CGIA. If requested by the State, the Contractor shall provide the State with written
proof of such insurance coverage.
9. Ri�hts in Data, Documents and Computer Software or Other Intellectual Propertv. All intellectual property
including without limitation, databases, software, documents, research, programs and codes, as well as all,
reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by the
Contractor in the performance of its obligations under this contract shall be the exclusive property of the
State. Unless otherwise stated, all such material shall be delivered to the State by the Contractor upon
completion, termination, or cancellation of this contract. Contractor shall not use, willingly allow, or cause
to have such materials used for any purpose other than the performance of the Contractor's obligations
under this contract without the prior written consent of the State. All documentation, accompanying the
intellectual property or otherwise, shall comply with the State requirements which include but is not limited
to all documentation being in a paper, human readable format which is useable by one who is reasonably
proficient in the given subject area. Software documentation shall be delivered by Contractor to the State
that clearly identifies the programming language and version used, and when different programming
languages are incorporated, identifies the interfaces between code programmed in different programming
languages. The documentation shall contain source code which describes the program logic, relationship
between any internal functions, and identifies the disk files which contain the various parts of the code.
Files containing the source code shall be delivered and their significance to the program described in the
documentation. The documentation shall describe error messages and the location in the source code, by
page, line number, or other suitable identifier, where the error message is generated. The Contractor
warrants that the delivered software will be sufficiently descriptive to enable maintenance and modification
of the software. The State's ownership rights described herein shall include, but not be limited to, the right
to copy, publish, display, transfer, prepare derivative works, or otherwise use the works.
If any material is produced under this Contract and the parties hereto mutually agreed that said material
could be copyrighted by Contractor or a third party, then the State, and any applicable federal funding
entity, shall, without additional cost, have a paid in full, irrevocable, royalty free, and non-exclusive license
to reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any
purpose authorized by the Copyright Law of the United States as now or hereafter enacted. Upon the
written request of the State, the Contractor shall provide the State with three (3) copies of all such
copyrightable material.
10. Confidential or Proprietary Information. Subject to the Public (Open) Records Act, section 24-72-101, et
s�, C.R.S., as amended, if the Contractor obtains access to any records, files, or other information of the
State in connection with, or during the performance of, this Contract, then the Contractor shall keep all
such records, files, or other information confidential and shall comply with all laws and regulations
concerning the confidentiality of all such records, files, or information to the same extent as such laws and
regulations apply to the State. Any breach of confidentiality by the Contractor, or third party agents of the
Conuactor, shall constitute good cause for the State to cancel this Contract, without liability to the State.
Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the
Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents
of the Contractor. Contractor shall protect the confidentiality of all information used, held, created or
received in connection with this Contract and shall insure that any subcontractors or agents of Contractor
protect the confidentiality of all information under this Contract. Contractor shall use and disclose
CDPHE Version 1 A(4/04) Pa��� �4'�f�l Revised: 4/3/09
12-2-4
A
s
confidential information only for purposes of this Contract and for the operation and administration of the
Contractor. Contractor shall implement appropriate safeguards as are necessary to prevent the use of
disclosure of confidential information and shall maintain a comprehensive written information privacy and
security program that includes administrative, technical and physical safeguards for the electronic
transmission of confidential information which are appropriate to the size and complexity of the
Contractor's operations and the nature and scope of its activities. Contractor shall promptly notify the State
if Contractor breaches the confidentiality of any information covered by this Contract.
The Contractor must identify to the State the information that it considers confidential or proprietary. This is a
continuing obligation. Confidential or proprietary information for the purpose of this paragraph is information
relating to Conhactor's research, development, trade secrets, business affairs, internal operations and
management procedures and those of its customers, clients or affiliates, but dces not include information
lawfully obtained by third parties, information which is in the public domain, or information which is or could
have been acquired/developed independently by the State or a third party. Notwithstanding the foregoing, the
State shall not be in violation of its obligations under this section should it disclose confidential information if
such disclosure is, in the sole opinion of the State's legal counsel, required by applicable law and/or legal
process (including, but not limited to, disclosures required pursuant to the Colorado (Open) Public Records Act,
sections 24-72-201, et. seq, C.R.S., as now or hereafter amended). The State shall endeavor to provide notice to
the Contractor, as promptly as practicable under the circumstances, of any demand, request, subpcena, court
order or other action requiring such disclosure, in order to afford Conhactor the opportunity to take such lawful
action as it deems appropriate to oppose, prevent or limit the disclosure, solely at its own instance and expense;
but nothing herein shall be construed to require the State to refuse or delay compliance with any such law, order
or demand.
1]. Records Maintenance. Performance Monitoring Audits. The Contractor shall maintain a complete file of
all records, documents, communications, and other materials that pertain to the operation of the
program/project or the delivery of services under this contract. Such files shall be sufficient to properly
reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of
whatever nature for which a contract payment was made. These records shall be maintained according to
generally accepted accounting principles and shall be easily separable from other Contractor records.
The Contractor shall protect the confidentiality of all records and other materials containing personally
identifying information that are maintained in accordance with this contract. Except as provided by law, no
information in possession of the Contractor about any individual constituent shall be disclosed in a form
including identifying information without the prior written consent of the person in interest, a minor's
parent, guardian, or the State. The Contractor shall have written policies governing access to, duplication
and dissemination of, all such information and advise its agents, if any, that they are subject to these
confidentiality requirements. The Contractor shall provide its agents, if any, with a copy or written
explanation of these confidentiality requirements before access to confidential data is permitted.
The Contractor authorizes the State, the federal government or their designee, to perform audits and/or
inspections of its records, at any reasonable time during the term of this contract and for a period of six (6)
years following the termination of this contract, to assure compliance with the state or federal government's
terms and/or to evaluate the Contractor's performance. Any amounts the State paid improperly shall be
immediately returned to the State or may be recovered in accordance with other remedies.
All such records, documents, communications, and other materials shall be the property of the State unless
otherwise specified herein and shall be maintained by the Contractor in a central location as custodian for
the State on behalf of the State, for a period of six (6) years from the date of final payment or submission of
the final federal expenditure report under this contract, unless the State requests that the records be retained
for a longer period, or until an audit has been completed with the following qualification. If an audit by or
on behalf of the federal and/or state government has begun but is not completed at the end of the six (6)
year period, or if audit findings have not been resolved after a six (6) year period, the materials shall be
retained until the resolution of the audit findings.
The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized
designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the
terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program
CDPHE Version 1 A(4/04) Pa��e�g�a���/ Revised: 4/3/09
12-2-5
data, special analyses, on-site verification, formal audit examinations, or any other procedures as deemed
reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere
with contract work.
12. Taxes. The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal
Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. 39- 26-114(a)
and 203, as amended]. The Contractor is hereby notified that when materials are purchased for the benefit
of the State, such exemptions apply except that in certain political subdivisions the vendor may be required
to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or
use taxes will not be reimbursed by the State.
13. Conflict of Interest. During the term of this contract, the Contractor shall not engage in any business or
personal activities or practices or maintain any relationships which conflict in any way with the Contractor
fully performing his/her obligations under this contract.
Additi�nally, the Contractor acknowledges that, in governmental contracting, even the appearance of a
conflict of interest is hannful to the interests of the State. Thus, the Contractor agrees to refrain from any
practices, activities or relationships which could reasonably be considered to be in conflict with the
Contractor's fully performing his/her obligations to the State under the tertns of this contract, without the
prior written approval of the State.
In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably
exist, the Contractor shall submit to the State a full disclosure statement setting forth the relevant details for
the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the
State's direction in regard to the apparent conflict shall be grounds for termination of the contract.
Further, the Contractor, and its subcontractors or subgrac�tees, shall maintain a written code of standards
governing the performance of its employees engaged in the award and administration of contracts. No
employee, officer, or agent of the Contractor, subcontractor, or subgrantee shall participate in the selection,
or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of
interest, real or apparent, would be involved. Such a conflict would arise when:
a. The employee, o�cer or agent;
b. Any member of the employee's immediate family;
c. The employee's partner; or
d. An organization which employees, or is about to employ, any of the above,
has a financial or other interest in the firm selected for award. The Contractor's, subcontractor's, or
subgrantee's o�cers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of
monetary value from Contractor's potential contractors, or parties to subagreements.
14. Inspection and Acceptance (Services) and Contractor Warrant� The State reserves the right to inspect
services provided under this contract at all reasonable times and places during the term of the contract.
"Services" as used in this clause includes services performed or tangible material produced or delivered in
the performance of services. If any of the services do not conform with contract requirements, the State
may require the contractor to perform the services again in conformity with contract requirements, with no
additional payment. When defects in the quality or quantity of service cannot be corrected by re-
performance, the State may (1) require the contractor to take necessary action to ensure that the future
performance conforms to contract requirements and (2) equitably reduce the payment due the contractor to
reflect the reduced value of the services performed. These remedies in no way limit the remedies available
to the State in the termination provisions of this contract, or remedies otherwise available at law.
Contractor warrants that all supplies furnished under this contract shall be free from defects in materials or
workmanship, are installed properly and in accordance with manufacturer recommendations or other
industry standards, and will function in a failure-free manner for a period of one (1) year from the date of
delivery or installation. Contractor shall, at its option, repair or replace any supplies that fail to satisfy this
warranty during the warranty period. Additionally, Contractor agrees to assign to the State all written
manufacturer warranties relating to the supplies and to deliver such written warranties to the State.
CDPHE Version 1 A(4/04) Pa�g`� ���7 Revised: 4/3/09
12-2-6
w
15. Adjustments in Price. Adjushnents to contract prices are allowable only so long as they are mutually agreeable
by the parties and so long as they are included within a contract amendment made prior to the effective date of
the price adjushnents and made pursuant to the State of Colorado Fiscal Rules, signed by the parties, and
approved by the State Controller or designee. The Contractor shall provide cost or pricing data for any price
adjushnent subject to the provisions of the Cost or Pricing Data Section of the Colorado State Procurement
Rules. Any adjushnent in contract price pursuant to the application of a clause in this contract shall be made in
one or more of the following ways:
a. By agreement on a fixed-price adjushnent;
b. By unit prices specified in the contract;
c. In such other manner as the parties may mutually agree; or
d. In the absence of agreement between the parties, by a unilateral determination by the procurement
officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit
or fee.
16. Contract Renewal, Extension, and Modification.
a. Limited Amendment. The State, with the concurrence of the Contractor, may prospectively renew
or extend the term of this Contract, or increase or decrease the amount payable under this Contract
through a"Limited AmendmenY' that is substa�tially similar to the sample form Limited
Amendment that is incorporated herein by this reference and identified as Ezhibit C. To be
effective, this Limited Amendment must be signed by the State and the Contractor, and be
approved by the State Controller or an authorized delegate thereof. The parties understand that
this Limited Amendment shall be used only for the following:
I. To increase or decrease the level of funding dwing the current term of the Original
Contract due to an increase or decrease in the amount of goods and/or level of services
being provided based upon the existing Scope of Work and/or established pricing and/or
established Budgedpricing;
II. To revise specifications within the current Scope of Work and/or Budget that
increase/decrease the level of funding during the current term of the Original Contract;
III. To renew or extend the term of the contract with appropriate changes in the amount of
funding that results in a new total financial obligation of the State based upon:
(A) the same Scope of Work and pricing, or
(B) revised specifications to the previously defined Scope of Work.
IV. To make changes to the specifications to the original Scope of Work, project
managemendmanager identification, notice address or notification personnel, or the
period of performance, that result in"no cosY' changes to the Budget.
Upon proper execution and approval, this Limited Amendment shall become a formal amendment
to this Contract.
b. Other Contract Modifications. This contract is subject to such modifications as may be required
by changes in Federal or State law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this contract on the effective
date of such change as if fully set forth herein. If either the State or the Contractor desires to
modify the terms and conditions of this Contract other than as provided for in paragraph 16.a
above, then the parties shall execute a standard written amendment to this Contract initiated by the
State. The standard written amendment must be executed and approved in accordance with all
applicable laws and rules by all necessary parties including the State Controller or delegate.
17. Liti ation. The Contractor shall within five (5) calendar days after being served with a summons,
complaint, or other pleading which has been filed in any federal or state court or administrative agency
notify the State that it is a party defendant in a case which involves services provided under this contract.
The Contractor shall deliver copies of such document(s) to the State's Executive Director. The term
CDPHE Version 1.0 (4/04) Pa��;���f�`� Revised: 4/3/09
12-2-7
"litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization
and/or foreclosure.
18. Notice of Breach and Dispute Resolution: If the State or the Contractor believes in good faith that the other
party has failed to timely complete a deliverable, or has otherwise committed a material breach of this
Contract, then the non-breaching party shall notify the breaching party in writing of the alleged breach
within ten (10) business days of: 1) the date of the alleged breach if the non-breaching party is aware of the
breach at the time it occurs; or 2) the date that the non-breaching party becomes aware of the breach.
Upon receipt of written notice of an alleged breach of the Contract, the breaching party shall have ten (10)
business days, or such additional time as may be agreed to in writing between the parties, within which to
cure the alleged breach or to notify the non-breaching party in writing of the breaching party's belief that a
material breach of this Contract has not occurred. Failure of the breaching party to cure or respond in
writing within the above time period shall result in the non-breaching party being entitled to pursue any and
all remedies available at law or in equity.
Except as herein specifically provided otherwise, disputes conceming the performance of this contract
which cannot be resolved by the designated contract representatives shall be referred in writing to a senior
deparimental management staff designated by the department and a senior manager designated by the
Contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director
and the Contractor's chief executive officer for resolution. This process is not intended to supersede any
other process for the resolution of controversies provided by law.
The Contractor and its sureties shall be liable for any damage to the State resulting from the Contractor's
breach, whether or not the Contractor's right to proceed with the work is terminated. T'he State reserves the
right, in its sole discretion, to determine whether or not to accept substituted performance tendered by the
Contractor or the Contractor's sureties and acceptance is dependent upon completion of all applicable
inspection procedures.
19. Remedies: In addition to any other remedies provided for in this contract, and without limiting its remedies
otherwise available at law, the State may exercise the following remedial actions if the Contractor
substantially fails to satisfy or perform the duties and obligations in this contract. Substantial failure to
satisfy the duties and obligations shall be defined to mean significant insufficient, incorrect or improper
performance, activities, or inaction by the Contractor. Without limitation, these remedial actions include:
a. withhold payment to Contractor until the necessary services or corrections in performance are
satisfactorily completed; and/or
b. require the vendor to take necessary action to ensure that the future performance conforms to
contract requirements; and/or
c. request the removal from work on the contract of employees or agents of Contractor whom the
State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable,
or whose continued employment on the contract the State deems to be contrary to the public
interest or not in the best interest of the State; and/or
d. deny payment for those services or obligations which have not been performed and which due to
circumstances caused by Contractor cannot be performed, or if performed would be of no value to
the State; denial of the amount of payment must be reasonably related to the value of work or
performance lost to the State; and/or
e. suspend Contractor's performance pending necessary corrective action as specified by the State
without Contractor's entitlement to adjustment in price/cost or schedule; and/or
f. modify or recover payments (from payments under this contract or other contracts between the
State and the vendor as a debt due to the State) to correct an error due to omission, error, fraud
and/or defalcation; and/or
g. terminate the contract.
These remedies in no way limit the remedies available to the State in the termination provisions of this
contract, or remedies otherwise available at law.
20. Termination.
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a. Termination for Default. The State may terminate the contract for cause. In the event this
contract is terminated for cause, the State will only reimburse the Contractor for accepted work or
deliverables received up to the date of termination. In the event this contract is terminated for
cause, final payment to the Contractor may be withheld at the discretion of the State until
completion of final audit. Notwithstanding the above, the Contractor shall not be relieved of
liability to the State for any damages sustained by the State by virtue of any breach of the contract
by the Contractor, and the State may withhold any payment to the Contractor for the purposes of
mitigating its damages until such time as the exact amount of damages due to the State from the
Contractor is determined. If it is determined that the Contractor was not in default then such
termination shal.l be treated as a termination for convenience as described herein. In the event of
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports or other material prepared by the contractor under this contract shall, at
the option of the State, become its property, and the Contractor shall be entitled to receive just and
equitable compensation for any services and supplies delivered and accepted. The Contractor
shall be obligated to return any payment advanced under the provisions of this contract.
b. Termination for Convenience. The State shall have the right to terminate this conh at any time
the State determines necessary by giving the Contractor at least twenty (20) calendar days prior
written notice. If notice is so given, this contract shall terminate on the expiration of the specified
time period, and the liability of the parties hereunder for further performance of the terms of this
contract shall thereupon cease, but the parties shall not be released from the duty to perform their
obligations up to the date of termination. In the event of termination, all finished or unfmished
documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other
material prepared by the contractor under this contract shall, at the option of the State, become its
property, and the Contractor shall be entitled to receive just and equitable compensation for any
satisfactory services and supplies delivered.
In the event that the State terminates this contract under the Termination for Convenience
provisions, the Contractor is entitled to submit a termination claim within ten (10) days of the
effective date of termination. The termination claim shall address and the State shall consider
paying the following costs:
I. the contract price for performance of work, which is accepted by the State, up to the
effective date of the termination;
II. reasonable and necessary costs incurred in preparing to perform the terminated portion of
the contract;
III. reasonable profit on the completed but undelivered work up to the date of termination;
IV. the costs of settling claims arising out of the termination of subcontracts or orders, not to
exceed 30 days pay for each subcontractor;
V. reasonable accounting, legal, clerical, and other costs arising out of the termination
settlement.
In no event shall reimbursement under this clause exceed the contract amount reduced by amounts
previously paid by the State to the Contractor.
c. Immediate Termination. This contract is subject to immediate termination by the State in the
event that the State determines that the health, safety, or welfare of persons receiving services may
be in jeopardy. Additionally, the State may immediately terminate this contract upon verifying
that the Contractor has engaged in or is about to participate in fraudulent or other illegal acts.
21. Stop Work Order. Upon written approval by the State Procurement O�cer or delegee, the State may, by
written order to the Contractor, at any time, and without notice to any surety, require the Contractor to stop
all or any part of the work called for by this contract. This order shall be for a specified period after the
order is delivered to the Contractor. Any such order shall be identified specifically as a stop work order
issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its
terms and take all reasonable steps to minimize the incurring of costs allocable to the work covered by the
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order during the period of work stoppage. Before the stop work order expires, as legally extended, the
State Procurement Of�icer or delegee shall either:
a. Cancel the stop work order; or
b. Terminate the work covered by such order; or
c. Terminate the contract.
If a stop work order issued under this clause is properly canceled, the Contractor shall have the right to
resume work. An appropriate adjustment shall be made in the delivery schedule or contract price, or both,
and the contract shall be modified accordingly in writing pursuant to the terms of this contract dealing with
contract modifications, i£
a. The stop work order results in increased time required for, or in the Contractor's cost properly
allocable to, the performance of any part of this contract; and
b. The Contractor asserts claim for such an adjustment within thirty (30) days after the end of the
period of work stoppage.
If the work covered by such order is terminated for default or convenience, the reasonable costs resulting
from the stop work order shall be allowed by adjustment or otherwise and such adjustment shall be in
accordance with the Price Adjustment Clause of this contract.
22. Venue. The parties agree that exclusive venue for any action related to performance of this contract shall be in
the City and County of Denver, Colorado.
23. Understanding of the Parties.
a. Complete Inte agr tion• This contract is intended as the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules.
b. Severabilitv. To the extent that this contract may be executed and performance of the obligations
of the parties may be accomplished within the intent of the contract, the terms of this contract aze
severable, and should any term or provision hereof be declared invalid or become inoperative for
any reason, such invalidity or failure shall not affect the validity of any other term or provision
hereof.
c. Binding A�eement. Except as herein specifically provided otherwise, it is expressly understood
and agreed that this contract shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns. All rights of action relating to enforcement of the terms
and conditions shall be strictly reserved to the State and the named Contractor. Nothing contained
in this agreement shall give or allow any claim or right of action whatsoever by any other third
person. It is the express intention of the State and the Contractor that any such person or entity,
other than the State or the Contractor, receiving services or benefits under this agreement shall be
deemed an incidental beneficiary only.
d. Waiver. The waiver of any breach of a term hereof shall not be construed as a waiver of any other
term, or the same term upon subsequent breach.
e. Continuing Obligations. The State and the Contractor's obligations under this contract shall survive
following termination or expiration to the extent necessary to give effect to the intent and
understanding of the parties.
f. Assignment and Chan�e In Ownership, Address, Financial Status. Except as herein specifically
provided otherwise, the rights, duties and obligations of the Contractor azising hereunder cannot
be assigned, delegated, subgranted or subcontracted except with the express prior written consent
of the State, which consent shall not be unreasonably withheld. In the case of assignment or
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delegation, Contractor and the State shall execute the standard State novation agreement prior to
the assignment or delegation being effective against the State. The subgrants and subcontracts
permitted by the State shall be subject to the requirements of this contract. The Contractor is
responsible for all subcontracting arrangements, delivery of services, and performance of any
subgrantor or subcontractor. The Contractor warrants and agrees that any subgrant or subcontract,
resulting from its performance under the terms and conditions of this contract, shall include a
provision that the said subgrantor or subcontractor shall abide by the terms and conditions hereof.
Also, the Contractor warrants and agrees that all subgrants or subcontracts shall include a
provision that the subgrantor or subcontractor shall indemnify and hold hannless the State. The
subgrantors or subcontractors must be certified to work on any equipment for which their services
are obtained.
This provision shall not be construed to prohibit assignments of the right to paytnent to the extent
permitted by section 4-9-318, CRS, provided that written notice of assignment adequate to identify
the rights assigned is received by the controller for the agency, department, or institution executing
this contract. Such assignment shall not be deemed valid until receipt by such controller as
distinguished from the State Controller and the Contractor assumes the risk that such written
notice of assignment is received by the controller for the agency, deparhnent, or institution
involved.
The Contractor is required to formally notify the State prior to, or if circumstances do no allow
prior notification then immediately following, any of the following:
I. change in ownership;
II. change of address;
III. the filing of bankruptcy.
g. Force Majewe. Neither the Contractor nor the State shall be liable to the other for any delay in, or
failure of performance of, any covenant or promise contained in this contract, nor shall any delay
or failure constitute default or give rise to any liability for damages if, and only to the extent that,
such delay or failure is caused by "force majeure." As used in this contract "force majeure" means
acts of God; acts of the public enemy; acts of the State and any governmental entity in its
sovereign or contractual capacity; fires; floods, epidemics; quarantine restrictions, strikes or other
labor disputes; freight embargoes; or unusually severe weather.
h. Changes In Law. This contract is subject to such modifications as may be required by changes in
applicable federal or State law, or their implementing rules, regulations, or procedures. Any such
required modification shall automatically be incorporated into and be part of this contract on the
effective date of such change as if fully set forth herein. Except as provided above, no
modification of this contract shall be effective unless agreed to in writing by both parties in the
form of a written amendment to this Contract that has been previously executed and approved in
accordance with applicable law.
i. Media or Public Announcements. Unless otherwise provided for in this Contract, the Contractor
shall not make any news release, publicity statement, or other public announcement, either in
written or oral form, that concems the work provided under this Contract, without the prior written
approval of the State. The Contractor shall submit a written request for approval to the State no
less than ten (10) business days before the proposed date of publication. The State shall not
unreasonably withhold approval of the Contractor's written request to publish. Approval or denial
of the Contractor's request by the State, shall be delivered to the Contractor in writing within six
(6) business days from the date of the State's receipt of Contractor's request for approval.
If required by the terms and conditions of a federal or state grant, the Contractor shall obtain the
prior approval of the State and all necessary third parties prior to publishing any materials
produced under this Contract. If required by the terms and conditions of a federal or state grant,
the Contractor shall also credit the State and all necessary third parties with assisting in the
publication of any materials produced under this Contract. It shall be the obligation of the
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Contractor to inquire of the State as to whether these requirements exist and obtain written
notification from the State as Contractor deems appropriate.
24. Intellectual Indemnitv. Contractor shall defend, at its sole expense, any claim(s) or suit(s) brought against
the State alleging that the use by the State of any product(s), or any part thereof, supplied by Contractor
under this agreement constitutes infringement of any patent, copyright, trademark, or other proprietary
rights, provided that the State gives Contractor written notice within twenty (20) days of receipt by the
State of such notice of such claim or suit, provides assistance and cooperation to Contractor in connection
with such action, and Contractor has sole authority to defend or settle the claim. Contractor shal] consult
the State regarding such defense and the State may, at its discretion and expense, participate in any defense.
Should the State not choose to participate, Contractor shal] keep the State advised of any settlement or
defense.
Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall
indemnify the State for all liability incurred by the State as a result of such infringement. Contractor shall
pay all reasonable out-of-pocket costs and expenses, and damages finally awarded by a court of competent
jurisdiction, awarded or agreed to by Contractor regarding such claims or suits.
If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for infi
of any patent, trademark or copyright, or in the event of any adjudication that the product(s), or any part
thereof, infringes any patent, trademark or copyright, or if the sub-license or use of the product(s), or any
part thereof, is enjoined, Contractor, after consultation with the State, shall do one of the following at
Contractor's expense:
a. produce for the State the right under such patent, trademark or copyright to use or sub-license, as
appropriate, the product or such part thereof; or
b. replace the product(s), or part thereof, with other suitable products or parts conforming to the
original license and State specifications; or
c. suitably modify the products, or part thereof.
Except as otherwise expressly provided herein, Contractor shall not be liable for any costs or expenses
incurred without its prior written authorization.
Contractor shall have no obligation to defend against or to pay any costs, damages or attomey's fees with
respect to any claim based upon:
a. the use of an altered release if Contractor had not consented to the alteration; or
b. the combination, operation or use of the product(s) with programs or data which were not
fumished by Contractor, if such infringement would have been avoided if the programs or data
furnished by persons or entities other than Contractor had not been combined, operated or used
with the product(s); or
c. the use of product(s) on or in connection with equipment or software not permitted under this
contract if such infringement would have been avoided by not using the product(s) on or in
connection with such other equipment or software.
25. Conformance with Law. If this Contract involves federal funds or compliance is otherwise federally
mandated, the Contractor and its agent(s) shall at all times during the term of this contract strictly adhere to
all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently
exist and may hereafter be amended. Without limitation, these federal laws and regulations include:
a. Office of Management and Budget Cuculars A-21, A-87, A-102, A-110, A-122, A-133, and The
Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements
to State and Local Governments, as applicable;
b. the "Hatch AcY' (5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728. These federal
statutes declare that federal funds cannot be used for partisan political purposes of any kind by any
person or organization involved in the administration of federally-assisted programs;
c. the "Davis-Bacon AcY' (40 U.S.C. 276A-276A-5). This federal Act requires that all laborers and
mechanics employed by contractors or subcontractors to work on construction projects finan�ed
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by federal assistance must be paid wages not less than those established for the locality of the
project by the Secretary of Labor;
d. 42 U.S.C. 6101 et s�, 42 U.S.C. 2000d, 29 U.S.C. 794. These federal Acts mandate that no
person shall, on the grounds of race, color, national origin, age, or disability, be excluded from
participation in or be subjected to discrimination in any program or activity funded, in whole or in
part, by federal funds;
e. the "Americans with Disabilities AcY' (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111
12117, 12131 12134, 12141 12150, 12161 12165, 12181 12189, 12201 12213 and 47
U.S.C. 225 and 47 U.S.C. 611);
f. if the Contractor is acquiring an interest in real property and displacing households or businesses
in the performance of this Contract, then the Contractor is in compliance with the "Uniform
Relocation Assistance and Real Property Acquisition Policies AcY', as amended, (Public Law 91-
646, as amended, and Public Law 100-17, 101 Stat. 246 256);
g. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments"
(Common Rule);
h. Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355, which
prohibits the use of federal money to lobby the legislative body of a political subdivision of a
State; and
i. If the Contractor is a covered entity under the Health Inswance Portability and Accountability Act
of 1996, 42 U.S.C. 1320d 1320d-8, the Contractor shall comply with applicable HIPAA
requirements. If Contractor is a business associate under HIPAA, Contractor hereby agrees
to, and has an affirmative duty to, execute the State's current HIPAA Business Associate
Agreement. In this case, Contractor must contact the State's representative and request a
copy of the Business Associate Agreement, complete the agreement, have it signed by an
authorized representative of the Contractor, and deliver it to the State.
26. Contractor Affirmation. If this Contract involves federal funds or compliance is otherwise federally mandated,
then by signing and submitting this Contract the Contractor af�'irmatively avers that:
a. the Contractor is in compliance with the requirements of the "Drug-Free Workplace Act" (Public
Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.);
b. the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or agency; the
Contractor shall comply with all applicable regulations pursuant to Executive Order 12549,
including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990);
and,
c. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law
101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29
C.F.R. 93.110(1990).
27. Annual Audits. If the Contractor expends federal funds from all sources (direct or from pass-through
entities) in an amount of $500,000 or more during its fiscal year, then the Contractor shall have an audit of
that fiscal year in accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of
States, Local Governments, and Non-Profit Organizations). If the Contractor expends federal funds
received from the State in an amount of $500,000 or more during its fiscal year, then the Contractor shall
furnish one (1) copy of the audit report(s) to the State's Internal Audit Office within thirty (30) calendar
days after the Contractor's receipt of its auditor's report or nine (9) months after the end of the Contractor's
audit period, whichever is earlier. If (an) instance(s) of noncompliance with federal laws and regulations
occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the
issuance of (a) report(s).
If the Contractor submits an annual indirect cost proposal to the State for review and approval, then the
Contactor's auditor shall audit the proposal in accordance with the requirements of OMB Circulars A-21
(Cost Principles for Educational Institutions), A-87 (Cost Principles for State, Local, and Tribal
Governments), or A-122 (Cost Principles for Non-Profit Organizations), whichever is applicable.
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28. Holdover. In the event that the State desires to continue the services provided for in this Contract and a
replacement contract has not been fully executed by the expiration date of the Contract, this Contract may
be extended unilaterally by the State for a period of up to rivo (2) months upon written notice to the
Contractor under the same terms and conditions of the original Contract including, but not limited to,
prices, rates, and service delivery requirements. However, this extension terminates when the replacement
contract becomes effective when signed by the State Controller or an authorized delegate.
29. Survival of Certain Contract Terms. Notwithstanding anything in this contract to the contrary, the parties
understand and agree that all terms and conditions of this contract which may require continued
performance, compliance, or effect beyond the termination date of the contract and shall survive such
termination date and shall be enforceable by the State as provided herein in the event of failure to perform
or comply by the Contractor.
30. STATEWIDE COIYTRACT MANAGEMENT SYSTEM �This section shall apply when the Effective
Date is on or after July l, 2009 and the mazimum amount payable to Contractor hereunder is �100, 000 or
higherJ
By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS
§24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of
vendor performance on state contracts and inclusion of contract performance information in a statewide
contract management system.
Contractor's performance shall be evaluated in accordance with the terms and conditions of this Contract,
State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of
Contractor's performance shall be part of the normal contract administration process and Contractor's
performance will be systematically recorded in the statewide Contract Management System. Areas of
review shall include, but shall not be limited to quality, cost and timeliness. Collection of information
relevant to the performance of Contractor's obligations under this Contract shall be determined by the
specific requirements of such obligations and shall include factors tailored to match the requirements of the
Statement of Project of this Contract. Such performance infortnation shall be entered into the statewide
Contract Management System at intervals established in the Statement of Project and a final review and
rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified
following each performance and shall address or correct any identified problem in a timely manner and
maintain work progress.
Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the
performance measures established under the Statement of Project, the Executive Director of the Colorado
Department of Personnel and Administration (Executive Director), upon request by the Colorado
Department of Public Health and Environment and showing of good cause, may debar Contractor and
prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result
by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS
§24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights
provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and
reinstatement of Contractor, by the Executive Director, upon showing of good cause.
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SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-3a202(1). This contract shall not be valid until it has been approved by
the Colorado State Controller or designee.
2. F[JND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be consirued or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado
Govemmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et
seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not
as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee
of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for
Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its
employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when
due all applicable employment ta�ces and income talces and local head ta�ces incurred pursuant to this contract. Contractor
shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as
expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c)
be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and
regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or
enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent
capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado dces not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and
void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable
under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of
federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term
of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the
State may exercise any remedy available at law or in equity or under this contract, including, without limitation,
immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The
signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in
the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or
indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall
not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-3a202.4. [Not Applicable to intergovernmental agreements]
Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept
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system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid
balances of taac, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the
Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment
Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial
action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the
oJJer, issuance, or sale oJsecurities, investment advisory services orJund management services, sponsored
projects, intergovernmental agreements, or injormation technology services or products and services] Contractor
certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform
work under this contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in the E-Verify Program
or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ
or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that
fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedwes
to undertake pre-employment screening of job applicants while this contract is being performed, (b) shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the
subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of
receiving the notice, and (d) shall comply with reasonable requests made in the cowse of an investigation,
undertaken pwsuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of
Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined
the legal work status of such employee, and shall comply with all of the other requirements of the Depattment
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the
contracting State agency, institution of higher education or political subdivision may terminate this contract for
breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen
or otherwise lawfully present in the United States pwsuant to federal law, (b) shall comply with the provisions of
CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to
the effective date of this contract.
Revised 1-1-09
CDPHE Version 1 A(4/04) Pa�����47 Revised: 4/3/09
12-2-16
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Persons signing for Contractor hereby swear and affirm that they are authorized to act on
Contracto�'s behalf and acknowledge that the State is relying on their representations to that
effect.
CONTRACTOR: STATE OF COLORADO:
BILL RITTER, JR. covE�uvox
Town of Vail
Legal Name of Contracting Entity
B
For Executive Director
840571385 Department of Public Health and Environment
Signature of Authorized Officer
Signatory avers to the State Controller or delegate that
Contractor has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Print Name of Authorized Officer
Department Program APProval:
By
Print Title of Authorized Officer
LEGAL REVIEW:
COLORADO DEPARTMENT OF LAW
OFFICE OF TI� ATTORNEY GENERAL
B
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until
signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until
such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor
for such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER:
David J. McDermott, CPA
B
❑Kevin Edwards ❑Yvonne Anderson ❑Robert Jaros ❑Donald Rieck
Date
CDPHE Version 1.0 (4/04) Pag�� �1��0� 4 1 Revised: 4/3/09
12-2-17
6/] 6/2009
12-2-18
EXHIBIT A
ADDITIONAL PROVISIONS
To Contract Dated 04/20/2009 Contract Routing Number 10 FFA 00002
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
1. To receive compensation under this Contract, the Contractor shall submit a signed quarterly Invoice/Cost
Reimbursement Statement. A sample Invoice/Cost Reimbursement Statement is attached hereto as
Attachment A and incorporated herein by this reference. An Invoice/Cost Reimbursement Statement must
be submitted within fifteen (15) calendar days of the end of the billing period for which services were
rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B
and incorporated herein and in accordance with the work requirements outlined in Attachment B-1 and
Attachment B-2. These items may include, but are not limited to, the Contractor's salaries, fringe benefits,
supplies, travel, operating, indirect costs which are allowable, and other allocable expenses related to its
performance under this Contract.
Invoice/Cost Reimbursement Statements shall: 1) reference this Contract by its contract routing nutnber,
which number is located on page one of this Contract; 2) state the applicable performance dates; 3) state the
names of payees; 4) include a brief description of the services performed during the relevant performance
dates; 5) describe the incurred expenditures if reimbursement is allowed and requested; and, 6) show the
total requested payment. Payment during the initial, and any renewal or extension, term of this Contract
shall be conditioned upon affirmation by the State that all services were rendered by the Contractor in
accordance with the terms of this Contract. Invoice/Cost Reimbursement Statements shall be sent to:
Beth Williams
Consumer Protection Division
Administration
Colorado Department of Public Health and Environment
CPD-B2
4300 Cherry Creek Drive South
Denver, CO 80246
To be considered for payment, billings for payments pursuant to this Contract must be received within a
reasonable time after the period for which payment is requested; but in no event no later than sixty (60)
calendar days after the relevant performance period has passed. Final billings under this Contract must be
received by the State within a reasonable time after the expiration or termination of this Contract; but in no
event no later than sixty (60) calendar days from the effective expiration or termination date of this
Contract.
Unless otherwise provided for in this Contract, "Local Match" shall be included on all billing statements, in
the column provided therefore, as required by the funding source.
The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless
approved in writing by the appropriate federal agency.
2. Health Inswance Portability and Accountability Act (HIPAA) Business Associate Determination. The
State has determined that this contract does not constitute a Business Associate relationship under H1PAA.
To be attached to CDPHE Page l of 2 Revised: 4/l/04
Version 1 A(4/04) contract template 6/16/2009
12-2-19
EXHIBIT A
3. The State may increase or decrease the quantity of goods/services described in Exhibit B, Attachment B-1
and attachment B-2 based upon the rates established in the Contract. If the State exercises the option, it
shall provide written notice to Contractor at least 30 days prior to the end of the current contract term in a
form substantially equivalent to Exhibit D. Delivery/performance of the goods/services shall continue at
the same rates and terms. If the State exercises this option to increase, the provisions of the Option Letter
shall become part of and be incorporated into the original Contract.
To be attached to CDPI-IE Page 2 of 2 Revised: 4/1/04
Version 1 A(4/04) contract template 6/l 6/2009
12-2-20
EXHIBIT B
STATEMENT OF WORK AND BUDGET
To Contract Dated 04/20/2009 Contract Routing Number 10 FFA 00002
These provisions are to be read and interpreted in conjunction with the provisioos of the Contract specified above.
STATEMENT OF WORK
1. The Contractor shall provide community Consumer Protection Services, which services shall include, but
are not limited to: the sanitary regulation (including product sampling) of retail food establishments,
schools, child care centers, summer camps, mobile home parks, campgrounds, motels and hotels;
responding to environmental health emergencies, as defined by the State, in its service area; and the
completion of reasonable requests by the State to provide assistance in various program activities. The
Contractor shall provide these services in compliance with the State "Food Protection AcY' as set forth in
"Delegation of the Food Protection Act and Information Reporting", incorporated herein by this reference,
made a part hereof, and attached hereto as Attachment B-1.
2. From July 1 through June 30 of each year of this Contract, the Contractor shall complete the following
activities in its service area:
a. Two (2) inspections, when required, for all retail food establishments, or according to a risk
assessment protocol established by the State;
b. One (1) inspection of all schools that contain a laboratory or shop;
c. One (1) inspection of each child care center;
d. One (1) inspection of each summer camp;
e. An inspection, in a timely manner, of any mobile home park, campground, motel or hotel after the
Contractor receives a complaint of any such facility;
f. Review of all submitted plans in a timely manner;
g. Collect one (1) sample of each: hamburger or ground beef and sausage produced by each retail
market at least once every five (5) years and submit that sample to the Colorado Department of
Public Health and Environment, Laboratory Services Division; and
h. One (1) inspection of all schools that do not contain a laboratory or shop at least once every three
(3) years.
3. On or after the effective date of this Contract all persons employed by the Contractor to complete its duties
and obligations under this Contract, shall meet the minimum qualifications established by the State's
Department of Public Health and Environment, Consumer Protection Division. These minimum standards
are contained in the State's "Procedure for Administering the City/County Environmental Health Program,"
which is incorporated herein by this reference, made a part hereof, and attached hereto as Attachment B-2.
If the Contractor cannot determine if an employee or applicant meets the minimum qualifications for
education or experience, then the Contractor shall submit an employee's credentials or an applicant's
application to the State for review and approval prior to employment under this contract.
4. The Contractor shall input all completed inspection reports into the Digital Health Department provided by
the Consumer Protection Division ,within five (5) working days after the last day of each month for all
services covered by this contract.
5. Should the Contractor be unable to fulfill its duties under this Task Order, then the Contractor shall
transmit to the Colorado Department of Revenue one-twelfth of the total amount of annual license fees
collected, per each month that the duties delegated pursuant to 25-4-1604 (1)(i) are not performed.
Page 1 of 2
6/l 6/2009
12-2-21
EXHIBIT B
BUDGET
1. In consideration of those services satisfactorily and timely performed by the Contractor under this Contract,
the State shall cause to be paid to the Contractor a sum not to exceed FIFTY-EIGHT THOUSAND NINE
HUNDRED THIRTY-FIVE AND 95/100 DOLLARS ($58,935.95) as follows:
a. Year 1, FY 10: $11,787.19
b. Year 2, FY 11: $11,787.19
c. Year 3, FY 12: $11,787.19
d. Year4, FY 13: $11,787.19
e. Year 5, FY 14: $11,787.19
f. Should less than 90% of the contract work be completed in any of the contract years, one-twelfth
(1/12) of the annual contract remittance will not be paid to Contractor in the last quarter of that
contract year.
Page 2 of 2
6/l 6/2009
12-2-22
EXHIBIT C
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
(ADD PROGRAM NAME HERE)
DEPARTMENT OR AGENCY NUMBER
CONTRACT ROUTING NUMBER
LIMITED AMENDMENT
This Limited Amendment is made this day of 200*, by and between the State of Colorado, acting
by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal
place of business is 4300 Cherrv Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the
"State"; and, LEGAL NAME OF ENTITY. (legal tvpe of entitv), whose address or principal place of business is
Street Address. Citv. State Zip Code, hereinafter referred to as the "Contractor".
FACTUAL RECITALS
The parties entered into a contract dated with contract encumbrance number PO
and contract routing number whereby the Contractor was to provide to the State the
following:
�briefly describe what the Contractor was to do under the original contract indent this paragraph�
[Please choose one of the foilowing four options and then delete this heading and the other three options not
selected:]
The State promises to �choose one and delete the other]increase/decrease the amount of funds to be paid to the
Contractor by Dollars, during the current term of the Original Contract in exchange for the
promise of the Contractor to perform the �choose one and delete the other]increased/decreased work under the
Original Contract.
The State promises to pay the Contractor the sum of Dollars, in exchange for the promise of
the Contractor to continue to perform the work identified in the Original Contract for the renewal term of
years/months, ending on
The State promises to �choose one and delete the other�increase/decrease the amount of funds to be paid to the
Contractor by Dollars, *.**1 for the renewal term of �choose one and delete the
other�years/months, ending on in exchange for the promise of the Contractor to perform the
�choose one and delete the other�inereased/decreased specifications to the Scope of Work described herein.
The State hereby exercises a"no cost" change to the {insert those that apply and delete those that don't]budget,
specifications within the Scope of Work, project management/manager identification, notice address or
notification personnel, or performance period within the [choose one and delete the other]current term of the
Original Contract or renewal term of the Original Contract.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree
as follows:
1. Consideration for this Limited Amendment to the Original Contract consists of the payments and services
that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth.
2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original
6 of 4
12-2-23
contract, contract routing number �insert the following language here if previous
amendment(s), renewal(s) have been processed�as amended by [include all previous amendment(s),
renewal(s) and their routing numbers�, �insert the foilowing word here if previous amendment(s),
renewal(s) have been processed)collectively referred to herein as the Original Contract, which is by this
reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified
herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and
included herein.
3. It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and
changed in the following respects only:
A. �Use this paragraph when changes to the funding ievel of the Original Coutract occur
during the current term of the Original Contract�This Limited Amendment is issued pursuant
to paragraph of the Original Contract identified by contract routing number
This Limited Amendment is for the current term of through and including
The maximum amount payable by the State for the work to be performed by
the Contractor during this current term is [choose one and delete the
other�increased/decreased by Dollars, for an amended total financial
obligation of the State of DOLLARS, .(delete any portion of this sentence
that is not applicableJThe revised specifications to the original Scope of Work and the revised
Budget, if any, are incorporated herein by this reference and identified as "Attachment or
Exhibit and "Attachment or Exhibit The Original Contract is modified accordingly. All
other terms and conditions of the Original Contract are reaffirmed.
A. [Use this paragraph when the Original Contract will be rene�ved for another term�This
Limited Amendment is issued pursuant to paragraph of the Original Contract identified by
contract routing number This Limited Amendment is for the renewal term of
through and including The maximum amount payable
by the State for the work to be performed by the Contractor during this renewal term is
Dollars, *.**1 for an amended total financia] obligation of the State of
DOLLARS. This is an �choose one and delete the other�increase/decrease of
Dollars. of the amount payable from the previous term. �delete any portion
of this sentence that is not applicable�The revised specifications to the original Scope of Work
and revised Budget, if any, for this renewal term are incorporated herein by this reference and
identified as "Attachment or Exhibit and "Attachment or Exhibit The Original Contract
is modified accordingly. All other terms and conditions of the Original Contract are reaffirmed.
A. (Use this paragraph when there are "no cost changes" to the Budget, the specifications
within the original Scope of Work, allowable contract provisions as noted, or performance
period.�This Limited Amendment is issued pursuant to paragraph of the Original Contract
identified by contract routing number This Limited Amendment [choose those
that apply and delete those that don't]modifies the Budget in �identify location in contractJ,
modifies the specifications to the Scope of Work in [identify location in contract�, modifies
the project managemenUmanager identification in �identifv location in contractJ, modifies
the notice address or notification personnel in �identify location in contract�, modifies the
period of performance in [identify location in contract� of the Original Contract. The revised
�choose those that apply and delete those that don'tJBudget, specifications to the original
Scope of Work, project managemenUmanager identification, notice address or notification
personnel, or period of performance is incorporated herein by this reference and identified as
"Attachment or Exhibit All other terms and conditions of the Original Contract are
reaffirmed.
4. The effective date of this Amendment is date, or upon approval of the State Controller, or an authorized
delegate thereof, whichever is later.
5. Except for the General Provisions and Special Provisions of the Original Contract, in the event of any
of 4
12-2-24
s
EXHIBIT C
conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and
any of the terms and provisions of the Original Contract, the terms and provisions of this Amendment shall
in al] respects supersede, govern, and control. The Special Provisions shall always control over other
provisions of the Original Contract or any subsequent amendments thereto. The representations in the
Special Provisions to the Original Contract concerning the absence of personal interest of state of Colorado
employees is presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR
ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED,
AND OTHERWISE MADE AVAILABLE.
�����3 4
i2-2-2s
IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day first above written.
Persons signing for Conuactor hereby swear and affirm that they are authorized to act on
Conuactor's behalf and acknowledge that the State is relying on their representations to that
effect
CONTRACTOR: STATE:
[LEGAL NAME OF CONTRACTOR] STATE OF COLORADO
(legal type of entity) Bill Ritter, Jr. Governor
By: By:
Name: For the Executive Director
Title: DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
PROGRAM APPROVAL:
By:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin per[ormance until the contract is signed and dated below. I[ per[ormance begins prior to
the date below, the State o[ Colorado may not be obligated to pay for goods and/or services provided.
STATE CONTROLLER
David J. McDermott, CPA
By:
Date:
����`�4 of 4
12-2-26
EXHIBIT D
SAMPLE OPTION LETTER
Date: State Fiscal Year: O tion Letter No. CLIN Routin
1) OP'fIONS: Choose only one of the options listed below in section 2 and delete the rest.
a. Option to renew only (for an additional term)
b. Change in the amount of goods within current term
c. Change in amount of goods in conjunction with renewal for additional term
d. Level of service change within current term
e. Level of service change in conjunction with renewal for additional term
f. Option to initiate next phase in a contract
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Oations 1(a-e): In accordance with Section(s) of the Original Contract routing number
between the State of Colorado, Insert Name of Department or Higher Ed Institution and Contractor's
Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on
Insert ending date at a cost/price specified in Section AND/OR an increase/decrease in the amount of
goods/services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc.
n. For use with Option 1(fl, please use the followinq: In accordance with Section(s) of the Original
Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed
Institution and Contractor's Name, the State hereby exercises its option to initiate Phase indicate which
Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date at the cost/price
specified in Section
c. For use with all Options 1(a-fl: The amount of the current Fiscal Year contract value is
increasedldecreased by amount of change to a new contract value of Insert New Amt to as consideration
for services/goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first
sentence in Section is hereby modified accordingly. The total contract value including all previous
amendments, option letters, etc. is Insert New Amt.
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or
whichever is later.
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR PROGRAM APPROVAL
Department of Public Health and Environment
By: Lisa Ellis, Purchasing and Contracts Director BY�
Date:
ALL GRANTS REOUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below
by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins
performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
STATE CONTROLLER
David J. McDermott, CPA
By:
Donald Rieck
Date:
6/1�,�)� of 1 Revised 7/21/2008
12-2-27
6/l6/2009
12-2-28
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6/] 6/2009
12-2-30
ATTACHMENT B-1
DELEGATION OF THE "FOOD PROTECTION ACT" AND INFORMATION REPORTING
To Contract Dated 04/20/2009- Contract Routing Number 10 FFA 00002
These provisions are to be read and interpreted in conjunction with the provisions o( the Contract specified above.
DELEGATION OF THE FOOD PROTECTION ACT AND INFORMATION REPORTING
This document is to clazify the roles of the Colorado Department of Public Health and Environment, Consumer
Protection Division, and the Contractor, as regazds the delegation of responsibilities under the "Food Protection
Act", C.R.S. 25-4-1604 (a), (c), (d), (e), and (h) to the Contractor, &om the Colorado Department of Public Health
and Environment (CDPHE), Consumer Protection Division (CPD) and the reporting of information by the
Contractor to the CDPHE, CPD.
As regazds the delegation of the "Food Protection Act", the Contractor is to:
1. Grant or refuse licenses and certificates of license pursuant to C.R.S. 25-4-1606, or to suspend or revoke
licenses and certificates of license pursuant to C.R.S. 25-4-1609.
2. Heaz and determine all complaints against licensees or grantees of certificates of license and administer
oaths and issue subpoenas to require the presence of any person necessary to the determination of any such
heazing.
3. Use and require compliance with the "Food Protection Act," C.R.S. 25-4-16 et sea. the "Colorado Retail
Food Establishment Rules and Regulations," 6 CCR 1010-2, and all other documents issued by CDPHE
which are used to clazify interpretation of the law, rules and regulations.
4. Enter retail food establishments during business hours and at other times during which activity is evident to
conduct inspections and other interventions related to food safety and protection of public health.
5. Review and approve Hazard analysis Critical Control Point (HACCP) plans submitted for evaluation to
verify and ensure that food handling risks aze reduced to prevent foodborne illness outbreaks.
In regazds to the reporting of information and other activities, the Contractor is to:
1. Report in aggregate, in a mutually agreeable format, to CPD, for a calendar year:
a. The number of inspections conducted;
b. If critical items identified on retail food establishment inspections were corrected;
c. Whether the required inspection &equency was met; and
d. The number of enforcement actions taken to obtain compliance in retail food establishments.
The required inspection frequency is dependent upon which method is used as outlined in Section 11-201
of the "Colorado Retail Food Establishment Rules and Regulations."
2. Have performance measures to assure that employees cite critical item violations on retail food inspections
and take the appropriate measures to ensure that these violations are corrected. Such performance
measures are to be developed and used by the Contractor.
3. Report to CPD the number of foodborne illness complaints received and the number of foodborne illness
outbreaks that occur. The format and &equency of the reports shall be a format and &equency mutually
agreeable to the CPD and the Contractor.
4. Have one employee, who meets the eligibility requirements, apply for retail food establishment
Standardization through the CPD.
5. Report annually, in aggregate, the frequency of inspections conducted for child caze centers and indicate
whether the required inspection frequencies for each program have been met. The format of the reports
shall be a format mutually agreeable to the CPD and the Contractor.
Page 1 of 2
6/l 6/2009
12-2-31
ATTACHMENT B-1
In regards to the delegation of the "Food Protection Act" and the reporting of information, CPD will:
i. Provide statewide interpretation and technical assistance relative to the "Colorado Retail Food
Establishment Rules and Regulations" and food safety and sanitation.
2. Provide standazdization to Contractor personnel.
3. Provide training seminazs for retail food inspectors.
4. Provide equipment review, product review, and other services necessary to assure the uniform
interpretation and application of the rules promulgated under C.R.S. 25-4-16 et sea•
5. Provide the format and frequency needed to report the number of inspections conducted, if critical items
identified on retail food establishment inspections were corrected, whether the required inspection
frequencies were met, and the number of enforcement actions taken to obtain compliance in retail food
establishments. The format and frequency shall be a format and frequency mutually agreeable to the CPD
and the Contractor.
6. Provide the format and frequency needed to report the number of foodborne illness complaints received and
the number for foodborne illness outbreaks that occur. The format and frequency shall be a format and
frequency mutually agreeable to the CPD and the Contractor.
7. Provide the format and the frequency for reporting the number of inspections conducted for child caze
centers and determine whether the required inspection frequencies for the program have been met. The
format and frequency shall be a format and frequency mutually agreeable to the CPD and the Contractor.
8. Disseminate information relative to food safety to local agencies, industry organizations, academia, and
others when necessary.
9. Shaze statewide the data collected by CPD and the Contractor relative to this document.
10. Periodically review the Contractor for compliance with responsibilities as stated herein.
Page 2 of 2
6/l 6/2009
12-2-32
y ATTACHMENT B-2
PROCEDLTRES FOR ADMINISTERING THE CITY/COUNTY ENVIRONMENTAL HEALTH
PROGRAM
To Contract Dated 04/20/2009- Contract Routing Number 10 FFA 00002
These provisions are to be read and interpreted in conjunction with the provisions o(the Contract specified above.
PROCEDURE OF ADMINISTERING THE CITY/COUNTY ENVIRONMENTAL HEALTH PROGRAM
1. Additional Programs
a. Before any local entity is approached about entering into the City/County Environmental Health
Program, the Colorado Department of Public Health and Environment, Consumer Protection Division
(CPD) will establish a list of target counties. T'hese target counties will be selected by considering
workload, geographic proximity to direct-service work areas and available environmental health
officer funds.
b. Presentations to local entities describing the City/County Environmental Health Program will include
the benefits to the local entities, as well as the requirements of the contract, including the workload,
personnel qualifications, functions to be conducted, reporting and contract enforcement procedures.
2. Budget Procedures
CPD will be responsible for administering the budget. T'his administration will include the drafting and
approval of contracts, approval for payment and any necessary cancellations or modifications. CPD will be
responsible for notifying local entities of any actions contemplated, or correspondence concerning performance.
3. Standards for Staffmg Counties
Funding will be based on the number of required annual inspections using the Work Formula Table below. T'he
percentage that each county's required number of inspections represents of the total amount required for all
counties participating in the program will be determined. This will be the percentage of available legislative
appropriated funds that a county will receive for the successful completion of their required inspections.
Reimbursement will be paid on a quarterly basis.
WORK FORMULA TABLE
Pro ram Re uired Number of Ins ections Per Year
Retail Food Ins ection 2 or a fre uenc determined b risk
Child Care Centers 1
Meat Sam les Once/5 ears
Schools with Labs and/or Sho s 1
Schools without Labs or Sho s Once/3 ears
Summer Cam s 1
Motels and Hotels U on com laint onl
Mobile Home Parks U on com laint onl
4. Environmental Health Officer Qualifications
a. Any governmental agency entering into a contract with the Colorado Department of Public Health and
Environment (CDPHE) must employ an individual as the lead environmental health officer who
possesses at least a BS degree in environmental health, or in a closely associated field, and at least two
years of field experience in general environmental health programs. An MPH may be substituted for
one year of field experience.
b. CDPHE will enter into contracts with entities that employ environmental health officers or technicians
without two years field experience or that do not possess a Bachelors of Science degree, if the
individual works under the direction and supervision of an environmental health officer with the
qualifications listed in 4.a. above.
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ATTACHMENT B-2
5. Training and Evaluation of Environmental Health Officers Performance
a. CDPHE will conduct an annual retail food sanitation seminar and an advanced food safety seminar for
the benefit of the Contractor's and other local public health agency's environmental health officers.
b. When possible, CDPHE will arrange a seminar in conjunction with the US Food and Drug
Administration's annual training course conducted in at least one area of Consumer Protection
Services.
c. All of Contractor's environmental health officers, who are eligible, will make application to become
standardized in the retail food sanitation program. Contractor's environmental health officers who are
eligible for standardization must: 1) be routinely engaged in retail food protection program work.
2) Have job responsibility for standardization of other regulatory personnel, if applicable. 3) Have
successfully completed within the preceding two (2) years at least 20 contact hours of formal training
in the application of food science and related studies such as microbiology, epidemiology, regulations,
plan review or Hazard Analysis Critical Control Point (HACCP) principles. 4) Have one or more the
following prerequisites: at least 18 months of full-time experience in Colorado retail food
establishment inspections; or at least 100 retail food establishment inspections performed with the past
three (3) years, including enforcement, training and/or consultation inspections.
d. CPD will endeavor to obtain the capability to standardize Contractor's environmental health officers in
retail food sanitation and to accompany Contractor's environmental health officia] representatives
approximately one (1) week each year in the field to critique performance.
e. CPD will put all of Contractor's inspectional data in connection with the work Contractor performs
under this Contract on CPD's computerized data system and will provide quarterly reports.
f. CPD will attempt to conduct a survey of the Contractor's retail food sanitation program at intervals of
once every six (6) years.
6. Required Equipment
a. The following equipment must be secured and used by the Contractor's environmental health officer
performing the inspections: thermocouple or probe-type thermometer, maximum registering
thermometer or temperature-sensitive tape(s), chemical test kits/papers, flashlight, and alcohol swabs.
b. The following equipment is optional and would be beneficial in assisting the Contractor's
environmental health officer in performing the inspections: light meter, pressure gauge, measuring
tape, time-temperature data logger, pH meter, water activity meter and camera.
7. Contract Assurance
a. CPD will utilize inspection inventories, computerized data reports, inspection records, and field
evaluations to determine contract compliance.
b. Contractor will maintain accuracy of its existing inventory in Digital Health Department provided by
the Consumer Protection Division.
c. Following the first quarter of each contract year, CPD will review records showing the percentage of
contract completion for each program. Should a program accomplish less than 18% of the required
contract work, the Contractor will be notified verbally of the fact. The Contractor's will also be
informed of the deficiency in writing, and of the Department's concern relative to contract completion.
d. Following the second quarter of each contract year, CPD will review records showing the percentage
of contract completion for each program. Should a program accomplish less than 35% of the required
contract work during the first half of the contract year, the Contractor will be notified verbally of the
potential problem, followed by written notification.
e. Following the third quarter of each contract year, CPD will again review records showing the
percentage of contract completion for each program. Should a program accomplish less than 60% of
the required contract work during the first three quarters of the contract year, the Contractor will be
notified verbally and in writing. A meeting with the Contractor will be suggested to discuss the matter.
f. Following the fourth quarter of each contract year, CPD will review records showing the percentage of
contract completion for each program. Should the Contractor accomplish less than 90% of the
mandatory contract work, the Contractor will be notified verbally and in writing that reimbursement
for the final month of the current contract period will not be remitted.
g. Any program that has not accomplished at least 60% of the required work during the first three (3)
quarters of the contract period may be offered a contract for the following year. However, the
Contractor will be notified, in writing, that CDPHE will cancel the contract after the first quarter of the
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a
ATTACHMENT B-2
new contract period if at least 20% of the required contract work is not completed. If 20% of the
contract work is not accomplished during the first quarter, CPD will notify the Contractor in writing
that the contract will be canceled thirty (30) days following the date of the notification. If 20% of the
contract is accomplished during the first quarter, CPD will notify the Contractor in wiring that the
contract will continue on the basis of the performance criteria established the previous year. Regulated
establishments that have discontinued operations during the year will not be deemed to have been
included in the contract workload. New establishments will be considered on the basis of the date
operations began.
h. If a program that has been subject to the terms of these operational criteria the previous year fails to
accomplish at least 60% of the required contract work within the first three quarters of a second
consecutive contract period, the Contractor will be notified in writing, by CPD, that a contract will not
be offered for the next contract period.
i. Obvious failure to carry out the provisions or mandates of established laws or regulations and
interpretations thereof governing establishments regulated under the contract will also be deemed
sufficient reason for not renewing a contract.
j. The quality of work performed will be determined by CPD, utilizing service data, inspection records,
and field evaluation.
k. Should CPD fmd that a Contractor is not performing the Contract functions properly, the Contractor
will be notified accordingly, and appropriate field training will be scheduled. A Contractor will be
deemed to be not performing adequately if the Contractor is not documenting violations appropriately
on the inspection report form.
1. Three (3) months following field training, the performance of the Contractor's inspectional personnel
will be evaluated again. If improvement has not been made, the Contractor will be notified in writing
that performance requires improvement.
m. Six (6) months following field training, the performance of the Contractor's inspectional personnel will
be evaluated again. If improvement has not been made, CPD will notify the Contractor in writing that
the Contract will be canceled th'vty (30) days following notification.
8. Billing Procedures
a. At the end of each contract quarter, the Contractor will complete the Invoice/Cost Reimbursement
Statement form, attached to this Contract at Attachment A, and submit it to CPD.
b. CPD will review the Invoice/Cost Reimbursement Statement form for completeness and accuracy of
reimbursement cost. CPD will review office records to determine if required inspection reports have
been received.
c. T'he Contractor shall input all inspection reports into Digital Health Deparlment provided by the
Consumer Protection Division within five (5) working days after the last day of each month for all
services covered by this contract.
d. If the Invoice/Cost Reimbursement Statement form is complete and reports have been received, CPD
will remit payment to the Contractor.
e. Failure to submit required inspection reports for a period of three (3) consecutive months will result in
contract cancellation.
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