HomeMy WebLinkAbout2009-06-16 Agenda and Support Documentation Town Council Work Session VAIL TOWN COUNCIL
WORK SESSION AGENDA
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VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
12:30 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: 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.
2. ITEM/TOPIC: PEC/DRB Update (15 min.)
PRESENTER(S): Warren Campbell
3.
ITEM/TOPIC: Revenue Analysis. (40 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discuss the projected revenue items.
BACKGROUND: Due to economic uncertainty, staff has provided the latest
forecast of 2009 revenue and proposed revenue for the 2010 budget and 2011
planning. Details are included in the attached memo.
6/16/2009
STAFF RECOMMENDATION: Discuss and provide any changes or
recommendations to the revenue projections. 2009 items relate directly to the 3rd
supplemental item (Ordinance 14), and the 2010 projections will set the stage for
the 2010 budget process.
4. ITEM/TOPIC: 2010 Budget timetable and philosophy (15 min)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discuss the proposed timeline and the
philosophy for the preparation of the 2010 budget.
BACKGROUND: At the start of each budget season, a timetable is presented to
council with future dates for next year's budget process. In addition, a budget
philosophy is set to establish guidelines for staff.
STAFF RECOMMENDATION: Discuss and provide any changes or
recommendations to the budget timetable and philosophies.
5. ITEM/TOPIC: Discussion of Council Out of Cycle Contribution Requests for
2009. (15 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discussion of 2009 "out of cycle"
contribution requests that were submitted to staff on May 29, 2009, for potential
inclusion in the 3rd supplemental request, Ordinance 14.
BACKGROUND: The purpose of the mid-year review is to provide an opportunity
for organizations that have newly identified projects or unforeseen changes to their
budgets to come forward all at the same time. The Town Council evaluates the
various proposals based on their direct benefit to the entire community of Vail,
fulfillment of the Town's mission, and how this contribution will affect our resort
community's future health.
STAFF RECOMMENDATION: Please see attached memo for recommendations
on the individual requests.
6.
ITEM/TOPIC: Discussion of Ordinance No. 14, Series of 2009, an
ordinance making supplemental appropriations to the Town of Vail General
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 said adjustments as set forth
herein; and setting forth details in regard thereto. (30 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Provide input regarding the 3rd
supplemental of 2009, Ordinance No. 14, Series of 2009, in preparation for
approving the first reading during the evening session.
BACKGROUND: To be provided in a separate memo.
6/16/2009
STAFF RECOMMENDATION: Staff recommends that the Town Council approves
Ordinance No. 14, Series of 2009, upon first reading this evening.
7. 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. 16, Series of 2009, on first reading.
BACKGROUND: The crime of possession of drug paraphernalia within the Town
of Vail is of some 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. 16, Series of 2009, on first reading.
8. 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.
9.
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;
6/16/2009
and Setting Forth Details in Reagrd Thereto. (5 min.
PRESENTER(S): Bill Carlson
10. ITEM/TOPIC: Information Update. (15 min.)
PRESENTER(S): Pam Brandmeyer
11. ITEM/TOPIC: Matters from Mayor Council. (20 min.)
PRESENTER(S): Town Council
12. ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)
(e) to discuss the purchase, acquisition, lease, transfer, or sale of property
interests; to receive legal advice on specific legal questions; and to
determine positions, develop a strategy and instruct negotiators, Re: Draft
agreement amending the Development Agreement with Open Hospitality
Partners ("OHP") pertaining to the proposed redevelopment of the
Lionshead Parking Structure (20 min.); 2) C.R.S. 24-6-402(4)(b) to
receive legal advice on specific legal questions; Re: pending litigation,
Danielle Marie Trujillo v. Two Rivers Drug Enforcement Task Force
(TRIDENT), etal. (5 min.); and 3) C.R.S. 24-6-402(4)(b) to receive legal
advice on specific legal questions regarding potential conflict between Town
Charter provisions and state law concerning terms and term limits for
elected officials (20 min.)(Total Executive Session Time scheduled 45
Min.) (45 min.
PRESENTER(S): Matt Mire
13. ITEM/TOPIC: Adjournment. (4:40 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.
6/16/2009
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 ENTS
Staff Memorandum
Comparisons
Rendering
6/16/2009
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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6/16/2009
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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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6/16/2009
1-1-2
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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6/16/2009
1-1-3
ATTACHMENT A
TEAM BUDGET LIVING SQ FT GARAGE SQ FT TOTAL SQ FT $/Total Sq Ft Living Sq Ft $/Sq Ft Rank
Burke Harrington Construction $813,710 2,700 1,000 3,700 $219.92 $301.37 9
CHC Mountain Structures $871,614 2,700 1,000 3,700 $235.57 $322.82 12
Contract One $643,796 2,898 1,000 3,898 $165.16 $222.15 2
Dantas Builders, Inc. $822,160 3,000 1,000 4,000 $205.54 $274.05 7
Evans Chaffee $748,738 3,000 1,000 4,000 $187.18 $249.58 5
George Shaeffer Construction $858,439 2,817 965 3,782 $226.98 $304.74 11
Gregg Company $739,956 2,614 983 3,597 $205.71 $283.07 8
JJP Companies Unknown based upon submlttal response
JL Viele Construction $729,466 3,235 868 4,103 $177.79 $225.49 3
Plan B Builders $976,697 3,256 1,102 4,358 $224.12 $299.97 10
RA Nelson $869,000 2,530 870 3,400 $255.59 $343.48 13
Thrasher, LLC $491,447 2,375 1,000 3,375 $145.61 $206.93 1
Vail Custom Builders $748,582 3,200 1,000 4,200 $178.23 $233.93 4
Woodstone Homes $768,612 2,996 1,000 3,996 $192.35 $256.55 6
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
6! t 6iz009
1-2-I
ATTACHMENT B
JL Viele Construction (silver) Vail Custom Builders Gregg Company
Orlginal Proposal $729,466 $748,582 $739,956
Revised Proposal $710,939 $726,592 $739,956
Difference $18,527 $21,990 $0
(Do not include any TOV land cost) doesn't include use tax fees includes use tax fees Includes use tax fees
Llving Square Feet 3,235 2,857 2,614
Garage Square Feet 868 1,000 983
Price /Total Square Feet $173 $188 $206
Price per Unit (1/2) $355,470 $363,296 $369,978
Included
Twin 130' Culverts Yes Yes Yes
Contlgency $29,801 $25,000 $20,000
Water Sewer Tap Fees $9,500 $13,650 $8,775
Electric Tap Fees $5,000 $0 $0
Electric Tap Fees- NIP n/a Tap (Plus $5,000) Tap (Plus $5,000)
Gas Tap Fees $0 $1,000 $0
Gas Tap Fees NIP Tap (Plus $1,000) n/a Tap (Plus $1,000)
TOV Fees $0 $13,590 $650
Bullding Permlt Fees $0 $6,200 $20,000
TOV Fees Building Permit -NIP TOV Fees (Plus $19,790) n/a n/a
Winter Condltlons $15,400 $5,000 $5,000
Heat System Forced Alr Forced Alr Staple-Up Radiant w/ boiler
Heat System Upgrade NIP not avallable with SIPS Radiant Heat (Plus $12,500)
Proposed Finishes
Doors 6 Panel Hollow 2 Panel Hollow 6 Panel Stained Pine
Door, Base Case Upgrade NIP Solid Pine (plus $22,000) Solld Pine (plus $6,100) n/a
Base Case Painted MDF (4" 3") Paint Grade (3" 2") Stained Plne
Cabinets Wood Raised Panel Alder Raised Panel Wood Raised Panel
Counter Tops Laminate Tile Paper Stone
Flooring Carpet Carpet Bamboo Carpet
KiYchen, Bath Entry Floor Vinyl Tile Tile
Kitc, Bath Entry Floor Upgrade N IP Tile (plus $7,200) n/a n/a
Bathtub Flberglass Cast Iron Cast Iron
Bathtub Upgrade NIP Cast Iron (plus$3,600) n/a n/a
Wall Texture Hand Trowel Hand Trowel Hand Trowel
Appliances brand Kenmore GE GE
Appliances range dryer Electric Gas Electric
Appliances gas upgrade NIP Gas Appliances Lines ($6,000) n/a Gas Appliances Lines ($1,000)
6! t 6iz009
1_2_?
ATTACHMENT C
Viele Construction Vail Custom Builders Gregg Co
General Re uirements/Conditions
Su ervision/Construction M mt. $63,500 $45,500 $30,444
General Conditions $79,550
GeneraVCommon 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
Tem orar Utilities $1,500 $1,000
Division 1 Cate or 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 Pre eration $0 $10,000
Drainage and Containment $10,500 $13,000 $35,000
A.C. Pavin /Stri in $11,000 $10,000 $5,000
Landsca in /Irri ation $3,850 $10,000 $10,000
Boulder Walls
Division 2 Cate or 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 Cate or Total $35,350 $48,350 $35,700
Steel
Steel $3,080 $5,000 $9,350
Division 5 Cate or 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 Car entr $16,500 $15,000
Rough Lumber $90,200 $52,500 $45,000
Finish Lumber $8,765 $700
Division 6 Cate or Total $140,620 $123,700 $133,000
Thermal Moisture Protection
Roofin $17,402 $10,500 $20,000
Gutters Down Spouts $1,500 $500
Caulkin Sealants $4,510 $1,500 $2,000
Insulation $2,744 $9,000 $20,000
Stucco $6,600 $6,000 $12,000
Division 7 Cate or 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
W indows/Lightwells $10,791 $12,000 $16,000
Mirrors $678 $600 $1,000
Overhead Doors $3,309 $3,200 $4,500
Division 8 Cate or Total $18,760 $20,800 $23,000
Finishes
Sheetrock $23,119 $21,500 $15,000
Paintin $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
S ecialties
Misc. Specialties $2,500 $6,500
Division 10 Cate or Total $0 $2,500 $6,500
E ui ment
A liances $7,084 $5,950 $8,000
Rentals/Trash $9,240
Misc./Small Tools $2,500
Division 11 Category Total $18,824 $5,950 $8,000
Furnishin s
Cabinets To s $10,815 $13,500 $34,000
Division 12 Category Total $10,815 $13,500 $34,000
Mechanical
Plumbin $25,546 $26,000 $30,000
Heatin $18,666 $16,500 $30,000
Division 15 Category Total $44,212 $42,500 $60,000
Electrical
Electrical $19,371 $33,700 $20,000
Division 16 Category Total $h'9;�h`� $33,700 $20,000
Indirect Costs
Plans/Engineering $66,500 $14,000 $1 ,000
Architectural Fees $10,500
Structural and Civil Fees
MEP Desi n Fees
Precanstruction Services
3rd Party QC Inspections
Builder's Risk Insurance $1,000
Building Permits or Bonds $10,481 $6,200 $20,000
Use Tax $1 1,800
Private Utilit Fees $5,000 $1,000
Sewer/WaterTa Fees $10,725 $14,322 $8,775
Additional Fees DRB PEC Rec $1 ,340 $650
Concrete Testing
Soil Testing $1,800 $3,400
Surve $2,750 $2,600 $2,500
Buildin As-Builts $800
Condominium Ma in
Owner Conti enc
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: PEC/DRB Update
PRESENTER(S): Warren Campbell
ATTAC H M ENTS
June 3, 2009 DRB Meeting Results
June 8, 2009 PEC Meeting Results
6/16/2009
DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
r1 June 3, 2009
V�U� Council Chambers
75 S. Frontage Road Vail, Colorado, 81657
PROJECT ORIENTATION 2:30pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas Pete Dunning
Tom DuBois Libby Plante
Brian Gillette
SITE VISITS 2:40pm
1. O'Neill Residence, 1385 Westhaven Circle
PUBLIC HEARING TOWN COUNCIL CHAMBERS 3:OOpm
1. O'Neill Residence DRB090088 10 minutes Nicole
Final review of a minor exterior alteration (re-paint)
1385 Westhaven Circle/Lot 51, Glen Lyon Subdivision
Applicant: Patricia O'Neill
ACTION: Approved
MOTION: DuBois SECOND: Gillette VOTE: 3-0-0
2. Johnson Residence DRB090122 10 minutes Rachel
Final review of a minor exterior alteration (windows)
4132 Spruce Way/Lot A, Bighorn Subdivision Addition 3
Applicant: Lisa Johnson, represented by Larry Benway
ACTION: Approved
MOTION: DuBois SECOND: Gillette VOTE: 3-0-0
STAFF APPROVALS
Pinos Del Norte DRB090039 Nicole
Final review of a minor exterior alteration (entry and lockers)
600 Vail Valley Drive/Tract A, Vail Village Filing 7
Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects
Vail Sports DRB090075 Bill
Final review of an addition (commercial expansion)
244 Wall Street/Parcel 2, A Resubdivision of Part of Lot C, Block 5C, Vail Village 1st Filing
Applicant: Vail Resorts, represented by Todd Architecture
Peters Residence DRB090097 Warren
Final review of changes to approved plans (extension of DRB080123)
2955 Bellflower Drive/Lot 6, Block 6, Vail Intermountain
Applicant: Francine Peters, represented by Carl Mueller
Page 1
6/16/2009
2-1-1
Ferry Residence DRB090098 Warren
Final review of a minor exterior alteration (landscaping)
1007 Eagle's Nest Circle, Unit B/Lot 1, Block 6, Vail Village Filing 7
Applicant: Kathleen Ferry
Mad Jack Trust Residence DRB090100 Warren
Final review of a minor exterior alteration (re-roo�
1119 Ptarmigan Road/Lot 6, Tract D, Vail Village Filing 7
Applicant: Western Mountain Roofing
Yarde Residence DRB090101 Rachel
Final review of a sign (temporary construction sign)
1895 Meadow Ridge Road/Lot 17, Buffehr Creek
Applicant: Brian Gillette
Gurrentz/Ontario Residence DRB090102 Bill
Final review of changes to approved plans (driveway repairs)
1465 Greenhill Court, Units A& B/Lot 9, Glen Lyon Subdivision
Applicant: Hedy Gurrentz
Skarajunsky Residence DRB090104 Rachel
Final review of changes to approved plans (front entry)
3996 Lupine Drive, Unit B/Lot 1, Block 2, Bighorn Subdivision 1st
Applicant: Vincent Skarajunsky, represented by Tom DuBois
Heeter Residence DRB090106 Warren
Final review of a minor exterior alteration (wall repairs)
1460 Ridge Lane, Unit E/Lot 5E, Ridge at Vail
Applicant: Robert Heeter, represented by Fiddler Creek Company
Ball Residence DRB090107 Rachel
Final review of a minor exterior alteration (finish basement)
2835 Snowberry Drive/Lot 8, Block 9, Vail Intermountain
Applicant: Christopher Ball
Rimski Residence DRB090108 Warren
Final review of a minor exterior alteration (re-roo�
394 Beaver Dam Road/Lot 7, Block 2, Vail Village Filing 3
Applicant: Rimski Inc, represented by Diane Milligan
1707 Geneva Drive LLC DRB090109 Rachel
Final review of a minor exterior alteration (re-paint, deck, stairs railing)
1707 Geneva Drive/Lot 3, Matterhorn Village
Applicant: Vail PBK, represented by Whiteside Creations
Summers Lodge DRB090110 Rachel
Final review of a minor exterior alteration (patio/walkway stone)
123 Willow Place/Lot 5, Block 6, Vail Village Filing 1
Applicant: Paul Breitenwischer
Page 2
6/16/2009
2-1-2
Corboy Residence DRB090111 Warren
Final review of changes to approved plans (chimney)
1460 Greenhill Court, Unit B/Lot 20, Glen Lyon Subdivision
Applicant: Philip Corboy Trust, represented by Sawatch Land Co
Timberline Roost Lodge DRB090112 Rachel
Final review of a minor exterior alteration (landscaping)
1783 North Frontage Road West/Lot 9-12, Buffehr Creek Resubdivision
Applicant: Timberline Roost Lodge, LLC
Turilli Residence DRB090113 Rachel
Final review of a minor exterior alteration (landscaping)
2960 Manns Ranch Raod/Lot 8A, Block 1, Vail Village Filing 13
Applicant: Penny Turilli
Jensen Residence DRB090114 Rachel
Final review of a minor exterior alteration (landscaping)
1712 Buffehr Creek Road/Lot 4, Lia Zneimer Subdivision
Applicant: Bill Jensen, represented by A Cut Above Forestry
Town of Vail DRB090116 Rachel
Final review of a minor exterior alteration (landscaping)
420 South Frontage Road/Unplatted
Applicant: Town of Vail
Lazier Lionshead LLC DRB090117 Warren
Final review of a minor exterior alteration (re-paint)
500 E Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 1
Applicant: Robert Lazier, represented by Billy McCallum
Franciose Residence DRB090118 Rachel
Final review of a minor exterior alteration (re-paint)
2834 Snowberry Drive/Lot 18, Block 9, Vail Intermountain
Applicant: Susan Franciose
Angelo Residence DRB090119 Bill
Final review of changes to approved plans (DRB Extension)
352 East Meadow Drive/Tract B-C, Block 5, Vail Village Filing 1
Applicant: John Judith Angelo, represented by Mauriello Planning Group
Ryan Residence DRB090120 Bill
Final review of changes to approved plans (stairs, materials)
54 Beaver Dam Road/Lot 32, Block 7, Vail Village Filing 1
Applicant: John Ryan, represented by Michael Suman Architects
Lion Square Lodge DRB090121 Rachel
Final review of a minor exterior alteration (re-paint)
600 Lionshead Place/Lot 1, Vail Lionshead Filing 1 Addition 1
Applicant: Lion Square Condominium Association
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Dockstader Residence DRB090123 Bill
Final review of an addition (entry)
3987 Lupine Drive/Lot 8, Bighorn Subdivision
Applicant: Mary Rodgers Dockstader, represented by Snowdon Hopkins Architects
CME Vail QPR Trust Residence DRB090124 Bill
Final review of a minor exterior alteration (re-roo�
127 Rockledge Road/Lot 7, Block 7, Vail Village Filing 1
Applicant: Plath Construction
Payne Residence DRB090125 Bill
Final review of a minor exterior alteration (windows, deck)
1620 Buffehr Creek Road, Unit C12/Valley Condos
Applicant: Linda Payne, represented by Ted Simonett
Criss Residence DRB090126 Warren
Final review of a minor exterior alteration (landscaping)
5119 Gore Circle/Lot 8, Block 2, Bighorn 5th Addition
Applicant: A Cut Above Forestry
Jeney Residence DRB090128 Bill
Final review of a minor exterior alteration (enclose deck to create bedroom)
625 North Frontage Road West, Unit 32A/Lot B, Sun Vail
Applicant: Kitchens Plus
Boyd Residence DRB090129 Warren
Final review of a minor exterior alteration (landscaping)
385 Forest Road/Lot 2, Block 2 Vail Village Filing 3
Applicant: Thomas Boyd, represented by A Cut Above Forestry
Dickson Residence DRB090130 Bill
Final review of a minor exterior alteration (new window)
1817 Meadow Ridge Rd, Unit 1/Lot 21, Buffehr Creek
Applicant: Phyllis Dickson
Dantas Builders Residence DRB090132 Jen
Final review of a minor exterior alteration (landscaping)
2801 Snowberry Drive/Lot 9, Block 9, Vail Intermountain
Applicant: Mike Dantas
Dantas Builders Residence DRB090133 Jen
Final review of a minor exterior alteration (landscaping)
2754 Snowberry Drive/Lot 15, Block 9, Vail Intermountain
Applicant: Mike Dantas
Dantas Builders Residence DRB090134 Jen
Final review of a minor exterior alteration (landscaping)
2851 Bassingdale Boulevard/Lot 4, Block 8, Vail Intermountain
Applicant: Mike Dantas
Page 4
6/16/2009
2-1-4
Falkenberg Residence DRB090135 Bill
Final review of changes to approved plans (hot tub location)
3944 Bighorn Drive/Lot 7, Bighorn Subdivision
Applicant: Craig Wooden
Eagle Point Resort DRB090136 Bill
Final review of a minor exterior alteration (stone veneer, stucco)
1500 Matterhorn Circle/Unplatted
Applicant: Chris Green
Hoffman Residence DRB090137 Bill
Final review of a minor exterior alteration (fence)
2665 Bald Mountain Road/Lot 9, Block 2, Vail Village Filing 13
Applicant: Scott Hoffman
Lupine Partnership Residence DRB090139 Rachel
Final review of a minor exterior alteration (deck)
3827 Lupine Drive/Lot 2, Bighorn Subdivision Addition 2
Applicant: Lupine Partnership, represented by Nedbo Construction Inc.
Lion Square Lodge North DRB090140 Bill
Final review of changes to approved plans (landscaping)
635 Lionshead Place/Part of Lot 8, Block 1, Vail Lionshead Filing 3
Applicant: Lion Square Lodge North, represented by Tony Faulhaber
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
Page 5
6/16/2009
2-1-5
PLANNING AND ENVIRONMENTAL COMMISSION
i June 8, 2009
1:OOpm
TOwVi OF V�
TOWN COUNCIL CHAMBERS PUBLIC WELCOME
75 S. Frontage Road Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Bill Pierce Scott Lindall
Michael Kurz Susie Tjossem
Sarah Paladino arrived at 1:05 departed at 2:30
Rollie Kjesbo
David Viele
Traininq
Pay As You Throw (PAYT)Waste/Recycling Program Presentation 60 minutes Kristen Bertuglia
Lisa Skumatz of Skumatz Economic Research Associates (SERA), Inc. gave a presentation
regarding the pros and cons of a PAYT program and how other communities have implemented
programs. Kristen Bertuglia, TOV Environmental Sustainability Coordinator, gave a presentation
specifically on the challenges facing the Town of Vail to implement a PAYT program. Juri Freeman
of SERA gave a presentation going into greater detail.
The Commissioners asked several questions to gain clarity on the program and the potential
impacts within the Town of Vail.
Commissioner Viele identified that he had a concern with the PAYT program appearing like an
attempt to legislative behavior.
Commissioner Paladino believes that there is a penalty with this type of program for families that are
already struggling as there are many items associated with children which are not recyclable.
Commissioner Pierce stated that there are several elements which need to be fixed prior to the
implementation of a PAYT program. Social conscious will cause people to recycle if it is made to be
simple.
Several Commissioners felt the program was complicated and needed to be simplified. Further they
felt it was necessary to focus on multi-family and commercial developments (ie. Hotels) as they
generate a significant amount of the trash in Town.
Commissioner Kurz pointed out the occupancy of his multi-family development (three full-time units)
and the fact that a project like the Marriott produces more trash in a day that his entire complex does
in a year. He concluded by stating that the Town should target the large trash generators first.
Matt Donovan, representing Vail Honey Wagon, spoke to the goal of the Town regarding waste
reduction and if that was truly achievable. Believes recycling is much more prevalent in the Town
than reported in the presentation. His customers recycle 300 to 400 cubic yards a week. Believes
PAYT is premature at this point.
The Commissioners stated that they support the concept of recycling to the greatest degree
possible; however, they believe there are some inequities in the PAYT program as well. Believe that
the bigger projects should be targeted first.
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Commissioner Kjesbo clarified that the numbers show 40% of single family and duplex are recycling;
however, going after these uses is a drop in the bucket.
Kristen Bertuglia, stated that in the trash survey they found 85% of the trash cans contained multiple
recyclable items.
Lisa Skumatz stated that an ordinance including commercial and residential projects at the same
time may be the best way to address all concerns.
Commissioner Viele clarified that he supports mandated recycling, but not the mandate of the
economics of the cost for each bag.
5 minutes
1. A request for final review of conditional use permits, pursuant to Section 12-71-5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to
allow for the development of a public or private parking lot (parking structure); a vehicle
maintenance, service, repair, storage, and fueling facility; a ski lift and tow (gondola), within
"Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road
West, and the South Frontage Road West right-of-way/Unplatted (a complete legal
description is available for inspection at the Town of Vail Community Development
Department), and setting forth details in regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to August 10, 2009
MOTION: Kjesbo SECOND: Viele VOTE: 4-0-0
5 minutes
2. A request for a final review of major exterior alterations, pursuant to Section 12-71-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area
known as "Ever Vail" (West Lionshead), with multiple mixed-use structures including but not
limited to, multiple-family dwelling units, fractional fee units, accommodation units, employee
housing units, office, and commercial/retail uses, located at 862, 923, 934, 953, and 1031
South Frontage Road West, and the South Frontage Road West right-of-way/Unplatted (a
complete legal description is available for inspection at the Town of Vail Community
Development Department), and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to August 10, 2009
MOTION: Kjesbo SECOND: Viele VOTE: 4-0-0
5 minutes
3. A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section
12-10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to
include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting
forth details in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to August 10, 2009
MOTION: Kjesbo SECOND: Viele VOTE: 4-0-0
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5 minutes
4. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12-3-7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right-of-
way which is not zoned to Lionshead Mixed Use-2, properties known as "Ever Vail" (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right-of-way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto.
(PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to August 10, 2009
MOTION: Kjesbo SECOND: Viele VOTE: 4-0-0
5 minutes
5. A request for a final review of a variance from 12-6D-6, Setbacks and 12-6D-9, Site
Coverage, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition
within the front setback located at 1838 Sierra Trail/Lot 15, Vail Village West Filing 1.
(PEC090008)
Applicant: John Brennan, represented by LKSM Design, P.C.
Planner: Bill Gibson
ACTION: Withdrawn
6. Approval of May 11, 2009 minutes
MOTION: Kjesbo SECOND: Viele VOTE: 4-0-0
7. Information Update
Town Council Action on the Vail Plaza Hotel SDD Amendment
Town Council Action on the Vail Row Houses SDD Establishment
Town Council Action on the Solaris SDD Amendment
Town Council Action on the temporary banners on construction projects
8. Adjournment
MOTION: Viele SECOND: Kjesbo VOTE: 3-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published June 5, 2009, in the Vail Daily.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Revenue Analysis.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discuss the projected revenue items.
BACKGROUND: Due to economic uncertainty, staff has provided the latest forecast of 2009
revenue and proposed revenue for the 2010 budget and 2011 planning. Details are included in
the attached memo.
STAFF RECOMMENDATION: Discuss and provide any changes or recommendations to the
revenue projections. 2009 items relate directly to the 3rd supplemental item (Ordinance 14),
and the 2010 projections will set the stage for the 2010 budget process.
ATTAC H M ENTS
Revnue Analysis
6/16/2009
MEMORAI DUM
TO: Vail Town Council
FROM: Stan Zemler, Judy Camp, Kathleen Halloraii
DAT�: June 11, 2009
SUBJLCT: Reven�ie Considerations
Attached is o��r latest forecast of 2009 revenue and proposed revenue for the 2010 budget and
2011 planning (Attaclunent A Major Revenue Analysis). ln light of economic uncertainty,
staff has provided estimates through 201 L These revenue projections set the stage for
Tuesday's supplemental budget discussion for 2009, and the start of the 2010 budget process.
Back�round
The town's major revenue so�irces include sales tax (40% of total reven�ie), parking revenue
(13%), real estate transfer tax (11%), property tax (11%), and ski lift tax (7%). The followiiig
outlines assuinptions used in developing 2010 revenue projections.
Revenue is projected conservatively in accordance with our budget guidelines, talcing into
consideration historical trends and any additional infonnation lcnown at this time. We have
included the estimated impact of major developmeilt projects oii sales tax, construction pennit
fees, and real estate transfer tax. We have also used cunent infonnation on financial and
economic trends such as housing sales, consumer contidence and inflation.
Sales Tax
Total sales tax collection for 2010 is currently projected at S 16.6 million, flat with the proposed
amended 2009 budget. The 2009 proposed budget adjustment results in a 15% decrease from
2008 based on the following rationale:
2008 collections for September thru Deceinber averaged a decrease of 6%
The last four months (Jan April `09) averaged a decrease of 15%.
Assume that May August 2009 collections will be 20% down from 2008
Assume that Sept Nov 2009 collections will be 10% down from 2008 (only 10%
because those months ui 2008 were already experiencing a downturn).
Assume December 2009 collections will be 15% down (Dec '08 was 6% down from
'07)
This revenue adjustment results in total sales tax collections similar to 2005.
Using this historical infonnation as well as current economic indicators, we believe it is
prudent to forecast 2010 sales tax collections flat with the 2009 proposed ainended budget. We
anticipate a modest increase (5%) for 2011.
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Rcal Estate TransferTax (RETT)
Real estate sales have drastically changed since last year, a record year for R�TT collections
for the town. Since 2004, we have separated R�TT projections into two categories: collections
fiom major redevelopment projects (such as Arrabelle, Four Seasons, Ritz Carlton Residences,
etc.) and "base" collections, which represent all other real estate transactions. This separation
allows for more accurate trending. nssumptions used in the development of proposed R�TT
collections are explained below, as well as a chart detailing our ass�imptions for major
redevelopment projects:
Total RETT collections are budgeted at S3.4 million for 2009. Of that S3.4 nullion,
approximately S L6 million is projected for major redevelopment projects (see chart
below). The remaining "base" collections are projected at 1.8M (almost a 50%
decrease from the 5-year average annual collections prior to redevelopment of S3.SM).
Total R�TT collections for 2010 are budgeted at S4.7 million. Despite a 37% increase
from 2009, a conservative approach was talcen to estunating the upcoming sales from
the Four Seasons, Ritz Carlton Residences and Solaris prajects. Base sales were held
flat with 2009.
2011 revenue is budgeted at S4.0 inillion, a 15% decrease froin 2010. The decrease
steins from the timing of sales for the major projects and a slight increase in "base"
sales.
The below chart outluies reveilue assumptions oii major redevelopment projects:
Major Estimated Proposed 2010 2011
Redevclopment Completion 2009
Projects
Arrabelle Completed
Chalets -Lodge at Vail Completed 1 sale 2009
Four Seasons Condos December `09 50% sell 50% sell
Manor Vail Completed
Mountain View Completed
Ramshorn 2010
Ritz Carlton December `09 47 �ulits Remaining 24
Residences (already under units
contract)
Solaris 2010 50% sell 50% sell
Strata On hold
Timberline (Roost) On hold
Total Major $1,578,000 $2,863,000 $2,070,000
Rcdevclopmcnt
Pro'ects:
`Base" Collections: 1,842,000 1,842,000 1,930,000
Total RETT: $3,420,000 $4,705,000 $4,000,000
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Overall, the next two years have been adjusted to reflect both significantly reduced real estate
transactions and the upcoining completion of several major redevelopment projects. The
resulting projections are near the 5-year average annual collections prior to redevelopment
(2000-2004).
PropertV Tax
The 2010 property tax projection totaling S4.6 million is an increase tiom 2009 based on the
assessor's estiinate of an overall increase to Vail taxpayers of 13%. We applied a 10% increase
to the base collections, and did not assume any abatement collections as these can vary greatly
by year. 2011 is projected flat with 2010 as it is not a re-assessment year.
Parkin�
Total parlcing revenue for 2010 of 55.4 million (including both parlcing passes and daily sales
from the parlculg structures) is budgeted flat with 2009 projections. The demand for parlcing
passes has decreased in accordance with the Parlcing Taslc Force's plan, and revenue from those
passes has been reduced for 2009. Daily sales from the parlcing structures for 2009 are
budgeted approximately 15% higher than 2008 due to price iilcreases. Parking revenue for
2011 is projected with a slight increase of 3.5%, for a total of S5.6 million.
Ski Lift Tax
Over the past five years, slci lift tax has increased approximately 7% per year on average
through 2008 stemining from both price and voluine of slciers. For 2009, we have proj ected
revenue at a 5% decrease froin 2008 based on year-to-date collections. 2010 is projected at
S3.1 inillion, flat with 2009 and 2011 is projected at a slight increase of 2.5%.
Construction Pcrmit Fec
Although this revenue source has been significant in past years due to major redevelopment
projects, we are projecting a total of S 1.3 million for 2009, a 67% decrease froin 2008. With no
inajor projects on the horizon, the 2010 projection drops another 47%, totaling only S673,000.
Summarv
Our current proposal shows a total of S48.0 million in 2010 revenue compared with S44.5
million forecasted for 2009, an increase of S3.5 million, or 7.8%. The increase is due to S3.0
million in federal grants for the transit center and bridge reconstruction, and increases to both
property tax and R�TT projections. 1�11 other revenue iteins were projected as either flat, or a
decrease from 2009.
All revenue items will be reviewed iil more detail as we proceed through the budget process
and will be adjusted as needed.
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Major Revenue Analysis
2010 Budget
2004 2005 2006 2007 2008 2009 2009 2010 2011
Actual Actual Actual Actual Actual Butlget Amentletl Proposed Projection Comments
ve.'OSecWel ve.'OSecWel ve.'09ementl ve.20�0
Genoral5alesTax �5,58�.575 �6.79�.�57 '17.98fi.796 �8.9�3.�38 �9.63'1.366 �9.Q00,000 �6.600.000 �6.600.000 �7.Q30,000 2009collec�onsreducedby�5%'.�la[in20�0'.S%inaeasein20��
5.�% �.8% 5.2% 3.8% -�.2% -�5.4% 0.0% 5.0%
RETTTax 6.850.�52 fi.206.05< 6.239.7hG 8.536.��8 9.09�,9�7 6.2G�.000 3.A20.000 �,705.000 5.000.000 AsolJUne2.collec�onsaredown65'/from2008.
48.3% 28.0% 0.5% 4.�% 39.�% -3�.4% -824% 3�.8% -�5.0% Notevenueassumedfrom5olanso�LheRilzGa�ILOnResidencesin2009
ParkingRevmue 3.285.932 3.65�.537 «.007.33�! C,S��'..392 ��.705.985 5.680.7/'« 5.�32.7kt, 5./32.7G4 5.622900 2009reducedforpasssales�.2010Flatwith'09�.20�13.5%inaease
9.8% 9.�% �2�% 4.2% 20�% �54% 0.0% 3.5%
PropeRyTaxRevenuo 2,/�6fi,3�3 2468.978 2,750.fi�J3 2,8�9.823 �.092,056 �.��0.000 �..��0.000 �..G30,6/7 R,6'30,6%�7 BasedonGO�nLyaeseswrsprojectons�l�0��� in20'10-only
c�e tse
zsi o.�i ��ai zsi as�i o.ai o.ai �vi o.oi mcreasedonoitnebase�.d�dnot�ncwdePOtenttaiaoatementmns
LIfYTaxROVen�o 2.rg6.�Fi2 2.777.b98 2.975.097 3.039.6�9 3.277.709 3.190.000 3.��5.000 3.��5.000 3.�93.000 2009basedonYT�acWalandassumesremainderolyeartobeflaLwlLh
9.8% ��.3% 2.2% �.8% -2�% -5.0% 0.0% 2.5% 2008(net5��dec�)'.20�OIIatwi�tt2009and"20��slightina'easeof2.5
ConstructionFees �.608.<6� 2R.66.OSk 3.A8�.989 /:.992.752 3.799�A4 �.G8�.250 'I.26�.250 673.250 673.250 Reducedbasedoislowdownofredevelop� nLacLHly:NOmajor
5�.8% 53.3% 4�.2% 434% -23.9% -55.8% -88.8% L8.8% 0.0% �edevelopmentp�ojeclsas5umedfo�20�00�20��
Construction Use Tax 608.C89 �.000.000 500.000 500.000 750.000 Reduced based on slowdown of redevelopment act�vity: No major
NIA 84.3% -��.8% 0.0% 50.0% �edevelopmentprojecLSassumedfot2009Lh�u20��
OthorTaxes �.25<.005 �.251.928 'I.367.�39 �.399.739 1.6�✓�.975 �.298.719 '1.333.719 'I.3�5.200 �.3F.1.760 GounLysalestax.ROad&Bridge.Hwyusersrevenue.elc.
-0.9% -0.2% 9.2% 2.4% ��.5% -2�.0% -�8.9% -�4% 2.0%
FetlerallGOUnlyGrants �,412098 �9.500 1.739,052 59.5�:2 �,h00.000 �,r.00.000 /-�,428,000 600.000 S�!M�in'09and�3.6M�in'10torUansLCenLe�and3828Klorbndge
�4�4.2% NIA NIA NIA NIA NIA NIA 2�8.3% -88.4% �econsGUC�on', 20�1: buses
Eamingsonlnvestments /�4fi,A30 �.�'12,872 2,�33.3�5 2,585/12 �/78./66 985.�'I� 276.000 23e.Q02 363.0��2 2009basedon.6%reWmonfundbalances'.20�Oflatbutreducedlund
43.�% �49.3% 9��% 2�.2% L28% -33.4% -8�.3% -�5.�% 54.9% balances'.20'I�basedon�%teWm
Rontal Incomo 803,939 780.2'16; g27,2g0 897.958 9�-9.9Fi1 795,300 906.382 905.000 905,000 2009inc�ease due to addtional employee uNls Lo rent', 2010 and "20�'I Ilat
304% -3.0% 8.0% 8.5% 5.8% -�8.3% L.8% -0.2% 0.0% with2009
E911antllnteragency�ispatch �.088.OG8 �.�65.�6� �.337.583 �,528.fi08 �.Bv7.622 �.81/+.5�2 �,8G6,t,�5 �.930.3�'I 2.0�2.796 Ind.adding��TCmid-year2009and�mo�e�TC20���fundedbyC9��)
4.9% �4.8% �4.3% 8.4% 9.5% ��4% 4.5% 4.3% Othervvise.20�0inte�agencychargesflatwi�t2009�."I.5%�increaselo�20"I�
AIIOtherRevenuo 8.76t,750 10.250.560 5.3�7.935 7.558.1�5 7.080.720 3.3/*8.558 <�..337.53A 3.539.�76 3.629.093 2005induded$<MGOnferenceCentercollections&S2Mprojectre�imb.
9.3% ��.0% LB.�% 42.�% -8.3% -52.�% -38.�% -�8.4% 2.5% 2007includedS�.2Mrecreationammen�iliesand$�.3Mproject�eimb.
2008 inGUded over $1 M of pr ject reimb urseme nt and SSOOK in Cm ployee
TotalRevenue 4 k8.9 e�,7�� SO.�Fi3.958 54.8�5.2�7 58.0�8.698 50.94-5.19 4,539.O f8.008.730 i.5.�5'I.k88 Ho�sing�ee-in-Lieu
%comparetltoPriorYear �5.0% 2.5% 9.3% 5.8% -�22% -23.2% �.8% -8.0%
�l�
Mejor Revenue Anelyeie 20� 0 Attechmenl A Bl� I2009
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: 2010 Budget timetable and philosophy
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discuss the proposed timeline and the philosophy for
the preparation of the 2010 budget.
BACKGROUND: At the start of each budget season, a timetable is presented to council with
future dates for next year's budget process. In addition, a budget philosophy is set to establish
guidelines for staff.
STAFF RECOMMENDATION: Discuss and provide any changes or recommendations to the
budget timetable and philosophies.
ATTAC H M ENTS
Budget Philosophy
6/16/2009
MEMORANDUM
To: Town Council
From: Stan Zemler, Judy Camp, Kathleen Halloran
Subject: 2010 Budget Timetable and Philosophies
Date: June 11, 2009
BUDGET TIMETABLE
The 2010 budget timetable (attachment A) is attached for your information. This
timetable provides for approval of the 2010 budget upon second reading of the budget
ordinance on October 6, 2009.
BUDGET PHILOSOPHIES AI D PRACTICES
Backqround: The Vail Town Charter (attachment B) sets forth certain requirements for
the budget and the budget book (produced annually) gives further guidance to the town's
budgeting process. The following is staff's recommendations for the 2010 budget
philosophies:
The budget will continue to reflect the town's vision to be the premier mountain resort
community, despite recent budget reductions and future cuts. The budget will also
continue to support the areas of strategic focus identified by Council including Housing,
Parking and Transportation and Environmental Stewardship.
Revenues have been projected conservatively using analytical processes and will be
monitored and adjusted accordingly during the budget process. The reduced projections
for the remainder of 2009, 2010 and 2011 result in shortfalls for these years, due to the
assumption that several significant revenue sources in 2010 will remain flat with 2009
and will have limited growth in 2011. In response to this situation, staff has suggested
budget reductions in 2009, and has recommended only modest or transparent
decreases in service. As these reductions do not compensate for all of the lost revenue,
we are proposing to use a portion of the $3.2 million General Fund surplus from 2008 to
cover both 2009 and potential 2010 shortfalls. Staff is currently working toward a path
for sustainability at lower income levels, and will operate within annual revenues by
2011. Utilizing the surplus for the short-term allows staff the time to analyze services
and workflows, determine the most effective adjustments and implement changes with a
"soft landing" approach.
By using only the surplus from 2008, the General Fund fund balance maintains a healthy
reserve of 78°/o of annual revenues for 2009. During the redevelopment years, Town
Council directed a fund balance of 35% of budgeted revenues due to the uncertainty of
sales tax revenues and redevelopment costs while significant construction took place in
the town. The recommended percentage is normally 25%. Staff continues to
recommend strong reserve levels for 2010 and beyond.
Bud�=ct"I'imctablc Philosophy
6/ 16/2009
4-1-1
During the 2010 budget process, emphasis will be placed on organizational health,
specifically looking at the town's ability to sustain delivery of municipal service with a
focus on efficiencies and workflows. Part of this review will include identifying our core
services and how to provide that service with reduced resources. The town's "core
services" will differ from some municipalities because we are a resort community. In
addition, the town has also increased annual operating expenditures in the last few
years stemming from added services relating to redevelopment such as loading and
delivery, streetscape, landscape, environmental sustainability, forest health and others.
The goal of a sustainable budget by 2011 will require consideration of both revenue and
expenditures. While staff is currently working on permanent budget cuts for future years,
we will also evaluate new or increased revenue sources and the impact of the split of
sales tax collections between the General Fund and the Capital Projects Fund.
Other budget philosophies that are normally included in this discussion include:
The town will develop a five-year financial projection for all major funds annually.
The town will develop a five and 15-year plan for Capital Projects and RETT
annually and complete capital improvements in accordance with the plan.
Fund balances shall be adequate to cover short-term fluctuations in revenues,
emergencies, and planned future expenditures.
Staff is prepared to follow the above budget philosophies during the 2010 budget
process, and is requesting feedback and direction from Council regarding this proposed
path.
Bud�=ct"I�iinctablc Philosophy
6/ 16/2009
q_�_�
Town of Vail
Proposed 2010 Budget Timetable
Budget Guidelines
Presentation of 2008 audit report to Council 06/02/09 J
Council discussion of budget timetable philosophies 06/16/09
Council discussion of major revenue items 06/16/09
Guidelines distributed to department heads 06/08/09 J
Staff prepares departmental budgets 06/08/09 to 06/26/09
Town Manager reviews departmental budgets 07/06/09 to 07/24/09
2009/2010 parking task force meeting TBD
Capital budget request for county funds submitted TBD
Council discussion of Vail Reinvestment Authority capital budget 07/21/09
Council discussion of 15 5-year Capital plan 07/21/09
Council discussion of 15 5-year RETT plan 07/21/09
Council review of first draft of Town Manager's budget 08/18/09
Council review of second draft of Town Manager's budget 09/01/09
VLMD Board review of 2010 Operating Plan 09/15/09
Budget Documentation and Reporting
First reading of 2009 Supplemental Number Two 04/21/09 J
Second reading of 2009 Supplemental Number Two 05/05/09 J
First reading of 2009 Supplemental Number Three 06/16/09
Second reading of 2009 Supplemental Number Three 07/07/09
First reading of 2010 budget ordinance 09/15/09
Second reading of 2010 budget ordinance 10/06/09
Vail Reinvestment Authority Budget Resolution 10/06/09
Vail Local Marketing District Budget Resolution 10/06/09
First reading of mil levy certification ordinance 11/17/09
First reading of 2009 Supplementa� Number Four 12/01/09
Second reading of mil levy certification ordinance 12/01/09
Second reading of 2009 Supplemental Number Four 12/15/09
Mil levy certification deadline to Eagle County 12/15/09
Budget book submission (to State) 01/31/10
fi�t�'��nt A-
4-1-3
O Y/"1!L UWlV il7nllTl�ll
Section 8.3 Planning Commission:
There shall be established a seven (7) member planning commission ap,pointed by the
council. Members of the planning commission shall be residents of the Town of Vail and
registered electors. The terms of appointment to the planning commission shall be two (2)
years on an overlapping basis.
Section 8.4 Environmental Commission:
There shall be established an environmental commission appointed by the council. Its
functions shall be defined by ordinance and include but not be limfted to aesthetic, architec-
tural, environmental and ecological coordination and planning relating to the enhancement
and the preservation of the quality of life.
Section 8.5 Vacancies:
WFienever a vacancy occurs on any board or commission, the council shall cause public
notice of such vacancy to be made and encourage qualified volunteers to seek appointment to
such board or commission. The council shall then make appointments to fill such vacancies.
Section 8.6 Right To Establish:
In addition to those boards and commissions heretofor created by ordinance� council
shall have the power and authority to create boards and commissions, including advisory and
appeal boards. All permanent boards and commissfons, including advisory and appeal boards,
shall be created by ordinance, which shall set forth the number and qualifications of inembers
including rasidency requirements, if any, and the powers and duties delegated to such.boards
and commissions. Initial appointments by the council to any board or commissions shall
specify the terms of office of its members in order to achieve overlapping tenure.. Ali mem-�
bers, however, shall be subject. to removal by the council. Each board and commission shail
elect its own chairman and vice-chairman from among its members. Each board and
commission shall operate in accordance with its own rules of procedura and its meetings shall
be open to the public. Any board or cornmiss(on created under this article which is not
required by statute or this Charter may be abolished by the. council.
ARTiCLE !X
TOWN FINANCES
Section 9.1 Fiscal Year:
The fiscal year of the town shall commence on the first day of January or on such date.
each year as shall be fixed by the council.
Section 9.2 Provision For Tax System:
The council may by ordinance provide a system for the assessment, levy and collection
of all town taxes, not inconsistent with this Charter.
c nr��K.t
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1/�! TClN"� C1�.�R:rER
Section 9.9 Public Records:
Copies of the budget and the capital program as adopted shall be public records and
shall be made available to the public in the municipal building.
Section 9.10 Amendments After Adoption:
(a) Supplemental Appropriations. If, during the fiscal year, the manager certifies that
there are available for appropriation revenues in excess of those estimated in the budget, the
council by ordinance may make supplemental appropriations for the year up to the amount of
such excess.
(b) Emergency Appropriations. To meet a pubiic emergency affecting Iife, health,
property or the public peace, the council may 'make emergency appropriations. Such
appropriations may be made by emergency ordinance in accordance with provisions of
Sectlon 4.11. To the extent that there are no available unappropriated revenues to meet such
appropriations, the council may by emergency ordinance authorize the issuance of emergency
notes� which may be renewed from time to time, but the emergency notes and renewals of
any fiscal year will be paid no later than the last day of the fiscal year next succeeding that in
which the emergency appropriation was made.
(c) Reduction Of Appropriation. If, at any time during the �scal year, it appears probable
to the manager that the revenues avaitable will be insufficient to meet the amount appropriat-
ed, he shall report to the council without delay, indicating the estimated amount of de�icit, any
remedial action taken by him and his recommendation as to any other steps to be taken. The
council shall then take such further action as it deems necessary to prevent or minimize any
defcit and for that purpose it may by ordinance reduce one or more appropriations.
(d) Transfer of Appropriations. Any time during the fiscal year� the manager may transfer
part or aIl of any unencumbered appropriation balance among programs within a department,
office, agency and, upon written request of the manager, the council may by resolution
transfer part or all of any unencumbered appropriation balance from one department. office,
agency, or object to another.
(e) Limitation; Effective Date. No appropriation for debt service may be reduced or
transferred, and no appropriation may be reduced below any amount required by law to be
appropriated or by more than the amount of the unencumbered balance thereof. The
supplemental and emergency appropriations and reduction or transfer of appropriations
authorized by this Section may be made effective immediately upon adoption.
Section 9.11 Independent Audit:
An independent audit shall be made of all town accounts at least annually and more
frequently if deemed necessary by the council. Such audit shall be made by certified public
accountants selected by the council who shall complete the audit within four (4) months time
of the close of the fiscal year. Copies of such audit shall be made available for public
inspection at the municipal building.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Discussion of Council Out of Cycle Contribution Requests for 2009.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discussion of 2009 "out of cycle" contribution requests
that were submitted to staff on May 29, 2009, for potential inclusion in the 3rd supplemental
request, Ordinance 14.
BACKGROUND: The purpose of the mid-year review is to provide an opportunity for
organizations that have newly identified projects or unforeseen changes to their budgets to
come forward all at the same time. The Town Council evaluates the various proposals based
on their direct benefit to the entire community of Vail, fulfillment of the Town's mission, and
how this contribution will affect our resort community's future health.
STAFF RECOMMENDATION: Please see attached memo for recommendations on the
individual requests.
ATTAC H M ENTS
Off Cycle Contributions
6/16/2009
MEMORANDUM
To: Vail Town Council
From: Stan Zemler, Judy Camp, Pam Brandmeyer, Kathleen Halloran
Date: June 11, 2009
Subject: 2009 Out-of-cycle funding
The following information is presented for your discussion on Tuesday regarding
unanticipated requests for funding in 2009.
Out-of-Cycle Fundinq: The purpose of this mid-year review is to provide an
opportunity for organizations that have newly identified projects or unforeseen changes
to their budgets to come forward at one time. The Town Council evaluates the various
proposals based on their direct benefit to the entire community of Vail, fulfillment of the
town's mission, and how this contribution will affect our resort community's future health.
The Town Council's mission statement reads: In order to be the premier mountain resort
community, we're committed to providing citizens and guests with a superior level of
environmentally-sensitive services and an abundance of recreational, educational, and
cultural opportunities.
A. Colorado Ski Museum
BACKGROUND INFORMATION: The ski museum is requesting $15,000 in cash, and a
$5,000 reduction in rent to help offset the cost of the 2009 American Association of
Museum's Accreditation Program (MAP). The museum was notified that it had been
accepted to the American Museum Association (AMA) Museum Assessment Program in
September, 2008. The process needs to be completed by December 31 2009. The
request for reduction in rent is based on sales tax remittances to the town exceeding the
Museum's projections.
STAFF RECOMMENDATION: Staff does not recommend funding based on two
considerations: a question of the economic benefit to the Town of Vail community and
the cost of the accreditation process. The Museum is requesting $15,000 out of a total
estimated cost of $35,800. This total cost includes $25,500 of staff time to complete the
accreditation form and process, a contingency of $3,400 and $6,900 of direct costs.
While this accreditation could be positive for the Museum, staff does not feel it is
appropriate to fund from the municipal budget. Higher sales tax collections by the
Museum are applauded, but do not constitute a reasonable basis for a reduction in rent.
The museum pays approximately $717 per month in rent, which helps to cover the
utilities that the town pays on their behalf.
B. Red Sandstone Elementary School (RSES)
BACKGROUND INFORMATION: RSES is requesting $25,000 to be used to fix safety
issues that currently exist on the playground such as: crumbling retaining walls, broken
fences, improving ground cushioning and replacing worn equipment. Safety concerns
arose after the deadline for 2009 funding. RSES has raised matching funds of $25K
from the District and $25K from the RSES Parent/Teacher Organization. Total costs are
estimated at $75,000.
1
6/ 16/z0o9
5-1-1
STAFF RECOMMENDATION: Staff does not recommend funding based on the
substantial property tax provided by taxpayers and the proximity of the playground to the
town's Red Sandstone Park (scheduled for a substantial reconstruction in 2010 at
$464,000). The District also received recent approval from taxpayers for a$128 million
bond issuance for capital improvements.
C. Vail Valley Foundation (VVF)
BACKGROUND INFORMATION: The VVF is requesting $25,000 of funding toward
pursuing the 2015 World Championships. The decision to bid for this event was not
decided upon until March, 2009. Total cost for the process is $250,000.
STAFF RECOMMENDATION: Staff recommends funding based on the economic
impact to the town as this event would be a major tourist attraction and would increase
awareness of the Vail brand as a world-class destination.
2
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��LQRAD
SKl �t SN OWB OARD
MUSEUM AND }1ALL OF FAME
May 29, 2009
Dear Stan, Pam, Kathleen and Town Council members,
Thank you very much for allowing the Colorado Ski Snowboard Museum to apply for
an Off-Cycle contribution. I realize 2009 has been very financially challenging for the
Town of Vail, just as it has been for the museum.
In September 2008 the museum was accepted into the American Association of Museum s
(AMA) Museum Assessment Program (MAP) which leads to accreditation. This was an
unanticipated once in a decade opportunity that we could not pass up. The MAP started
in January and will end in December.
I have described the process and the benefits of accreditation on the application. I hope
you agree with me that it is worth the investment and will be a feather in Vail's cap!
Sincerely,
Susie Tjossem
Executive Director
Colorado Ski Snowboard
Museum and Hall of Fame
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APPLICAT101 FOR TOWI OF VAlL FUI Dll C
2009 Off-Cycle Request
1. Name of organization: Colorado Ski Museum, Inc.
2. Contact person: Executive Director-Susie Tjossem
3. Mailing address: PO Box 1976, Vail CO 81658
4. Telephone:970-476-1876
5. Members and Titles of your governing board:
David Scott-Chairman
Hart Axley-Vice Chairman
Joy Spring-Secretary
James L. Duke- Treasurer (Vail second homeowner)
Jim Bain
Bob Beattie
Diane Boyer (Vail)
Conrad Brcvicllicr
Trent Bush
Linda Cain (Vail second homeowner)
Ruth DeMuth (Vail)
Lynn Deutschman (Vail)
James Dunn
Kent Erickson (Vail second homeowner)
Andy Franklin (Vail second homeowner)
Jon Franklin
David Gorsuch (Vail)
Ned Gwathmey (Vail)
David Kelly
Janet Martin (Vail second homeowner)
John McMurhy (Vail)
Kimberly Rowland (Vail)
Chuck Schobinger
Adam Sutner (Vail)
Erik Steinberg
Bill Tomcich
6. Amount of contribution requested: $15,000 cash contribuHon and $5,000 reduction in rent
June 1- December 31, 2009.
7. Why was this not part of the normal contribution request process for 2009 budgeting (due
June 27, 2008)?
In September 2008 the Colorado Ski Museum was notified that it had been
accepted to the American Museum AssociaHon (AMA) Museum Assessment Program
(MAP). Completing the MAP is required to become an accredited museum. This was a
surprise and huge honor since the museum had applied for this program several times
over the last 10 years but our application had never been accepted.
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8. Organization fiscal year-end: September 30
9. Are your books audited? No
10. How will the contribution be used?
The $15,000 cash contribuHon and $5,000 rent reduction will be used to help offset the
cost of the 2009 American Association of Museum's Accreditation Program (MAP))
which has to be completed by December 2009.
Since January 2009 the museum has been spending a significant amount of time and
resources going through a very thorough step-by-step self-assessment. The self
assessment is meant to show the strengths and weaknesses of a museum which leads to
the implementaHon of best practices. Our self-assessment is due on June 15th. For the
balance of 2009 we will be working with an American Museum AssociaHon surveyor
who will be evaluating our self-assessment, touring our facilities and making
recommendations on the next steps we need to take to become fully accredited. In
addition to being recognized as a stellar museum, being an accredited museum is
important to a museums ability to seek government funding and apply for various
foundation grants. It will be an honor for Vail to have an accredited museum; to put it
in perspecHve, only 10 museum's across the United States are selected to participate in
the accreditation process each year and only 777 out of a total of 20,000 museums in the
US are actually accredited.
Quote from AMA
"Despite its many benefits for individual museums and the field, accreditation is often
viewed as a daunting process out of reach for many museums that lack staff and
resources to pursue it"
During a normal year, the cost of going through the accreditation process would not
have been an issue for the museum. In September 2008 when our BOD approved our
participation in MAP it had no idea that the country would fall into a deep recession
causing funding for museum's and arts and cultural organizations to drop so
significantly. While visitation to the museum has increased dramatically during the
last year and its gift shop sales have nearly doubled, other critical funding sources, i.e.;
memberships, grants and event sponsorships have all dropped. Even the Town of Vail
denied our funding request during its 2009 budget process.
This year the museum has spent a significant amount of it's restricted grant proceeds
improving the museum experience, installing the Vail-Dream Realized interactive
exhibit and paying for vintage ski graphics that will be painted on the outside of the
building in June vastly improving the appearance of the parking structure.
Since memberships, grants and event sponsorship incomes have continued to fall
nearly $85,000 below projecHons the museum has made $65,000 cuts in expenses which
were significant out of a$428,000 expense budget. I am projecting a$27,000 loss at the
end of this fiscal year ending on September 30.
11. How does your request support item 1C of the contribution policy?
A contribution in support of the Colorado Ski Snowboard Museum aligns with
Vail's desire to offer "an abundance of recreational, cultural, and educational
opportunities" because a museum, especially an accredited museum, is a huge
educational asset to a community. The Colorado Ski Snowboard museum is Vail's
only museum and in fact, the only museum in Colorado that focuses solely on skiing
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5-1-5
and snowboarding history. Considering the fact that without skiing Vail would not
exist, it is important to educate the community and its guests about the rich skiing
history and heritage of Colorado and Vail.
"Skiing in Colorado is not only a recreation it was instrumental in settling the state,
thus helping to form the nation. It was a method of communication, mail delivery,
mining operations, getting to school, etc. and it became a major recreational industry in
the country and the world. Colorado's skiing is distinctive and attracts a world
audience and is considered by many to be the best in the world. The state also has
played a leading role in teaching, avalanche control, fashions, equipment, etc. There's a
HUGE story to tell and we need a world-class museum to tell it." Pat Pfeiffer-Historian
12. Who currently funds your organization?
FY09 Forecast: Museum Membership/Individual Donations ($85,000/ 31.1%), Event
Sponsorship and Participation net income ($69,300/29.4%), Gift Shop net income
($105,000/ 38.4%), and Grants and Other Contributions ($14,000/5.1%). This does not
include restricted grants that have to be used for a specific project/exhibit.
13. Organization's mission statement: The Colorado Ski Snowboard Museum and
Hall of Fame preserves and interprets the history of skiing and snowboarding;
honors those individuals who have made significant contributions to the sport;
and educates the public about Colorado's rich skiing legacy.
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Colorado Ski Snowboard Museum Balance Sheet as of Apri130, 2009
ASSETS Apr 30, 09
Current Assets
Checking/Savings
1494 Cash cash equivalents
1105 Chk 1stBank #229-051-7860 $99,640
1115 1stBank Artifact #229-401-3093 $43,236
1140 1stBank Endwmnt 229-657-4416 $13,929
1170 Register cash $200
1175 Petty Cash $100
Total 1494 Cash cash equivalents $157,104
Total CheckinglSavings $157,104
Accounts Receivable
1300 Accounts Receivable
1310 Accounts Receivable $1,193
Total 1300 Accounts Receivable $1,193
Total Accounts Receivable $1,193
Other Current Assets
Other Currents Assets
1488 Prepaid Expenses HOF $204
1489 Prepaid Expenses $2,171
1491 Retail InventoryAsset $49.761
Total Other Currents Assets $52.136
Total Other Current Assets $52.136
Total Current Assets $210
Fixed Assets
Collections
1401 Jacques Parker Art $40.000
Total Collections $40,000
Property and Equipment
SOAC EXHIBIT $105,128
1400 Furniture Fixtures $45,980
1402 Accum. Depreciation -$81,429
1403 Accum Deprec SOAC -$105,128
Total Property and Equipment -$35.449
Total Fixed Assets $4.551
TOTAL ASSETS $214,984
LIABILITIES EQUITY
Liabilities
Current Liabilities
Accounts Payable
1500 Accounts Payable $2.631
Total Accounts Payable $2,631
Other Current Liabilities
Other Current Liability
2200 Sales Tax Payable $1,006
2230 Accrued Expenses $4.000
Total Other Current Liability $5.006
Total Other Current Liabilities $5.006
Total Current Liabilities $7,637
Total Liabilities $7,637
Equity
3900 Retained Earnings $97,941
3902 Temporarily Restricted RE $71,130
Net Income $38.276
Total Equity $207,347
TOTAL LIABILITIES EQUITY $214,984
Note: Balance sheet cash includes $64,000 in restricted one-time grants earmarked for a specific pmject/euhibit
6/ 16/2009
5-1-7
Annual
FY October 1-September 30 Budget Forecast Change
Ordinary Income/Expense
Income
4030 Event Income 201,000 124 (76.700)
4041 Contributions 44,000 14,000 (30,000)
4060 Membership Income 92,000 85,000 17.000)
4070 Retail Income 175.510 210.000 34.490
4090 Receptions Income 2,400 2,400
4055 HOF TV Program 10,000 5,000 (5.000)
4095 Other Income 1,600 (1.600)
Totallncome 526,510 440,700 {85.810)
Cost of Goods Sold
5000 Retail Expenses 96.005 105,000 8.995
Total COGS 96.005 105,000 8.95'6
Gross Profit 430,505 335,700 (94.805)
Expense
Exhibit Maintenance Expense 4,000 2,000 (2.000)
6010 Accounting 18,000 18,000
6020 AdvertisinglMarketing 23,040 18,740 14.300)
6040 Board Expenses 600 600
6060 Cleaning 4,3�}5 3,8�}5 (500)
6090 Curatorial Expenses 2,650 2,650
6095-01 Resource Center 20.714 20.714
6119 Education 400 (400)
6120 Event Expenses 75,000 55,175 (19,825)
6140 Insurance 19,850 15,858 (3.992)
6200 Museum Rent Expenses 34,174 31,724 (2.450)
6240 Payroll Expenses 219 188,840 (30.274)
6290 Travel Transpo. Lodging 1,800 500 1.300)
6940 Utilities 4,000 4,000
6999• OtherExpense 500 (500)
Total Expense 428.217 362,676 (65,541)
Net Ordinary Income 2,288 (2G.J7G) (29.2G4)
1 otr. "flic bud�;et ducs not indudc onc-timc restricted grants that havc to bc used for a specific muscum c�hibit or pro,ject.
6/ 16/2009
5-1-5
APPLICAI'101 I�OR 1'OWl OF VAIL FUl llll G
GENERAL INSTRUCTIONS
All applications must be submitted to the Town of Vail by Friday, May 29, 2009 by 5:00 P.M.. You must
provide hard 12 copies of the application as well as an electronic copy (khalloran@vailgov.com). Any
application received after that date or any application packet with fewer than 12 copies will not be
considered.
Please send application to:
Town of Vail
Attn: Kathleen Halloran
75 S. Frontage Road
Vail, Colorado 81657
For questions on the financial statements, please contact Kathleen Halloran at 479-2116.
PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK
1. Name of organization:
Red Sandstone Elementary School (RSES) and the Eagle County School District (ECSD)
2. Contact person:
Harry McQueeney and Nancy Ricci Co-Principals
3. Mailing address:
551 North Frontage Rd.
Vail Co, 81657
4. Telephone:
328-2910
5. Members and Titles of your governing board:
Scott Green President, Connie Kincaid-Strahan Vice President, Brian Nolan
Secretary/Treasurer, Andy Arnold Jason Benderly Carrie Benway Jeanne McQueeney
Directors
6. Amount of contribution requested:
$25,000.00
7. Why was this not part of the normal contribution request process for 2009 budgeting (due
June 27, 2008)?
Safety concerns arose after deadline for 2009 application and exploring other
funding sources
8. Organization fiscal year-end:
June 30, 2009
9. Are your books audited?
Yes, if you have any questions about the budget please contact Phil Onofrio
Chief Financial Officer
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5-1-9
10. How will the contribution be used?
The requested funds along with contributions from RSES and ECSD will be used
to fix the safety issues that currently exist on the playground such as, crumbling retaining walls,
broken fences, improving ground cushioning, and replacing worn equipment. If funding allows,
in addition to constructing a safe environment we will also be focusing on developing more
"Green Space° by replacing some of the ground cover with grass and tress. Our goal is to use the
available funding to create a safe and aesthetically pleasing environment that everyone can enjoy.
11. How does your request support item 1C of the contribution policy?
This project would allow Vail residents, the RSES student body and guests in the
valley to have a safe and enjoyable place to play. The first priority of this project is to create a safe
environment for everyone; however in the process we will have the opportunity to redesign the
current look by removing the crumbling walls and add some landscaping to improve the overall
look of the playground. In addition to improving the current condition of the playground and
surrounding area we would also begin planning for future redevelopment. We believe that with
the TOV and ECSD worlcing together, we could create a premiere recreational area on this site
that would compare to the existing parks throughout the town. Additionally as we look at future
redevelopment of the existing playground sites there is a possibility of addressing the shortage of
parking the town currently faces.
12. Who currently funds your organization (other governments, private donations, user fees,
etc.)?
Current funding comes from the District to operate and staff the building. However this
project has matching funding from the District ($25,000), RSES Parent/Teacher Organization and
building fundraisers ($25,000) and hopefully the Town of Vail. By having each organization
contribute matching funding an expected total of $75,000 would allow us to address the safety
issues and improve the over all beauty of the playground.
13. Organization's mission statement:
Our Mission:
�ducating �very Student for Success
Our Vision:
To be the schools of choice for all families in �agle County
Our Valucs:
Teainworlc Focusing on a district wide conunon p�irpose.
lnnovation Promoting creative solutions.
Professional Pride Recognizing and celebrating individual and collaborative efforts.
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APPLICATION FOR TOWN OF VAIL FUNDING
Balance Sheet
Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible.
Most Recent Completed Fiscal Year (Date: June 30, 2008)
30-Jun-08 General Funds
Assets
Cash and Cash equivalents 23,750,400
Accounts, Taxes, and interest
receivable 2,828,441
Due from other funds 3,185,167
Total assets and other depots $29,764,008
Liabilities
Accounts, retain age,
arbitrage, and deposits
payable 7,603,582
Accrued compensation 4,816,569
Deferred revenue 1,285,938
Total expenditures $13,706,089
Net Worth (Total Assets
Minus Total Liabilities $16,057,919
6/ 16/2009
5-1-I1
APPLICATION FOR TOWN OF VAIL FUNDING
Statement of Sources and Uses
Instructions: Round all figures to the nearest dollar. Please present as much detail as
possible.
Current Fiscal Year Bud�et
For Year Ended June 30 2oos General Funds
Revenues
Taxes
Property taxes 37,921,952
Specific ownership taxes 2,969,036
Federal income 23,768
State income 1,694,342
Interest income 824,559
Other 1,215,190
Total revenues $44,648,847
Expenditures
Current
Direct instructing 27,292,648
Indirect instruction 4,175,605
Transportation 149
Custodial and Laitance 5,552,714
Support services 2,937,089
General administration 3,922,201
Community service 9,447
Total expenditures $43,889,853
Total Revenue Minus
Expenses $758,994
6/ 16/2009
5-1-12
Town of Vail Off-Cycle Grant Application
1. Name of organization: Vail Valley Foundation
2. Contact person: Ceil Folz
3. Mailing address: PO Box 309, Vail CO 81658
4. Telephone:970.949.1999
5. Members and Titles of your governing board: Harry Frampton Chairman; Roger
Behler, Judy Berkowitz, Marlene Boll, Bjorn Erik Borgen, Jack Crosby, Andy Daly, Bill
Esrey, Johannes Faessler, Tim Finchem, Ceil Folz, Steve Friedman, Gerald Gallegos,
John Galvin, John Garnsey, George Gillett, Donna Giordano, Sheika Gramshammer,
Marty Head, Mike Herman, Bob Hernreich, Bill Hybl, Chris Jarnot, Rob Katz, Kent
Logan, Peter May, Chupa Nelson, Eric Resnick, Doug Rippeto, Mike Shannon, Stan
Shuman, Rod Slifer, Ann Smead, Oscar Tang, Stew Turley, Betsy Wiegers
6. Amount of contribution requested: $25,000
7. Why was this not part of the normal contribution request process for 2009 budgeting
(due June 27, 2008)? The Vail Valley Foundation did not make its decision to formally
bid for the 2015 World Alpine Ski Championships until March, 2009.
8. Organization fiscal year-end: December 31
9. Are your books audited? Yes
10. How will the contribution be used? The Vail Valley Foundation will partner with Vail
Resorts, Beaver Creek Resort Company and the US Ski Team to fund 2015 World Alpine
Ski Championships campaign bid fees totaling $250,000.
11. How does your request support item 1C of the contribuHon policy? Historically, the
Vail Valley Foundation has independently funded all of its bid costs to bring World
Alpine Ski Championships to town. If successful in the bid process, the 2015 World
Alpine Ski Championships will bring more than $60 million into the community and
highlight both Vail and Beaver Creek to more than 1 billion television viewers.
12. Who currently funds your organization (other governments, private donations, user
fees, etc.)? Private individuals and corporate sponsors, with less than 10 percent of
total funding being received through local governments and other institutions.
13. Organization's mission statement: Providing leadership in athletic, educational and
cultural endeavors to enhance and sustain the quality of life in the Vail Valley.
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5-1-13
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Discussion of Ordinance No. 14, Series of 2009, an ordinance making
supplemental appropriations to the Town of Vail General 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 said adjustments as set forth
herein; and setting forth details in regard thereto.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Provide input regarding the 3rd supplemental of 2009,
Ordinance No. 14, Series of 2009, in preparation for approving the first reading during the
evening session.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council approves Ordinance
No. 14, Series of 2009, upon first reading this evening.
ATTAC H M ENTS
Ord 14 Supp 3 09
6/16/2009
MEMORAI DUM
To: Town Council
Froin: Stan Zeinler
Judy Cainp
Kathleen Halloran
Date: J«ne 11, 2009
Subject: 2009 Budget nmendment Ordinance 14
While this Ordinance relates to the 2009 budget, staff has begun preparation of the 2010 budget,
and strategized about a target to reach in 2011, ass�ulling the current econoinic conditions
continue for the next two years. There is much worlc to be done to analyze the various functions
and services provided by the town, and the most efficient way to provide them. Although many
services have been added diu the redevelopinent period such as loading and delivery,
streetscape, increased bus service, enviromnental sustainability and forest health, the town must
be able to operate in a sustainable mamler going forward. Staff wi11 continue to develop a plan
for sustainability d«ring this stunmer's budget process.
To consider tl�e impact of this economy on futtu years, we have incltided prcliminary 2010
budget and 2011 plan n�unbeis to coincide with this 2009 budget adjustment supplemental.
StafT is reconul�ending reductions to both revenue and expenditures based on recent collection
activity and tl�e econoinic climate. Please see details by fund below:
Ceneral Tund
Revenue has been reduced to reflect a decrease in sales tax projections. The proposed adj«stment
to budgeted sales tax collections results in a 15% decrease from 2008 (please see the Revenue
Analysis memo for detailed rationale).
Tl�e budget was iirst adjusted in H�ebruary, with a�1.0 million reduction in sales tax revenue
projections. Expenses were also cut by almost 51.0 million from the General Fund. Staff is
proposing another S1.8 million reduction in sales tax collections and recommends sharing the
burden between both tl�e General Fund and the Capital Projects Fund by following tl�e saine split
ratio of 61/39 as used in the ariginal 2009 budget for sales tax revenue. This represents a
decrease to the General Fimd of an additional S1.1 million, and a decrease to the Capital Projects
Fund of S700,000.
The reduction in sales tax will also be accompanied by decreases in other revenue items stich as
construction pernut fees ($420K), parking pass sales (�248K), earnings on investments ($380K),
and Real Estate Transfer Tax (RETT) management fees ($142K). These were offset by a few
inereases to revenue such as franchise fees ($150K), road and bridge tax (S125K), inereased
rental income from employee tmits (�1llK) and reimbursement for streetscape l�eat fro�n
customers sl�aring the snow melt systein (S32K).
General Ftuld expenditures are proposed to decrease a total of S 1.2 million; l�owever, there are a
few requests for budget inereases. These additions to expenditures include S45K of anticipated
operating expenses fi Seibert Circle relating to an annual maintenance contract and the
piu of initial spare parts from WET Designs estimated at S35K, and an ineremental increase
in natural gas utility expense of S10K far the flame feature and snow melt area. Other inereases
6/ 16/2009
6-1-1
include S30K of additional credit card fees fi parlcing structure daily parlcing sales. The
original budget for this line item was determined before parking rates were established for the
2008/09 season. Several expense additions are offset by reimb�usements, such as S8,000 to
perforin an energy audit at the Libraiy was paid for by Library grants, S2,300 of emergency
management expenses was reimbursed by grants and 51,500 for Fire training equipment was
donated by Walmart An additional S10.7K is being supplemented for condo dues on employee-
rented units, a result of increased town-owned inventory.
Reductions to expendit�u include both budget ctits and savings already realized this year. The
decrease in personnel costs totaling S170,000 includes the 2% salary merit that was fi back
in February and is now eliininated (5110,000), two seasonal street inaintenance positions tl�at will
not be filled (S30K), and S30K of other salary savings from vacant positions.
Staff had budgeted S606,000 in fees tl�at would have been payable to Safeb«ilt for inspections
and pernut review for the Strata and Timberline (Roost) projects. Wiil� these projects on ho1d, we
are reinoving that line itenl fi the budget. Staff estinlates savings in fuel (SSOK) and budget
cuts to operations (S39JK) for heavy equipn�ent totaling 589,709. Tl�e remaining 5434,599 in
budget rediictions includes a variety of savings and cuts from eveiy town department. The town
will reali�e savings of S125,000 in utilities, 575,000 from loading and delivery operations and
S34,000 fi a one-time negotiated reduction of tl�e Nextbtzs contract. In addition, each
deparhnent cut another 5% fi operations.
ln keeping with oiu vision to be the premier mo�ultain resart community, staff is committed to
malcing these reductions with minimal impact on services.
Capital Proiccts Fund
Revenue has been reduced to rellect a decrease in sales tax revenue projections of S700,000. Tl�e
total reduction of $1.8 nullion has been split between the General Fund and Capital Projects Fund
in the same ratio as the original budgeted revenue was split for 2009. Details are explained
above, in the section titled "General Ftmd".
Construction Use Tax was budgeted back in the fa11 of 2008, when tl�ere were only a few
months of experience witl� this new revenue so��rce. The economy has also affected construction
activity this year as well. Staff is proposing to reduce the original budget of S1 million by 50%,
down to $500,000. 2008 collections totaled S608,483 and although 2008 did not include many
collections due to grand-fathering of previously permitted projects, staff assumes that
constrtiction activity will be limited in 2009.
Tota1 expendit�u inerease by approximately S629,866 in this suppleinental, but this total is
made up of both additions and reductions to expenditures. Budget reductions totaling 5307,840
relate to 10% cuts across capital maintenance projects such as capital street maintenance, parking
struct�ue maintenance and facilities. These reductions offset additions of �20,000 for tl�e frontage
road relocation study funded by Vail Resorts and �917,706 of re-appropriations from unspent
2008 funds. The re-appropriations were not requested dtu the last suppleinental (in February)
because the funds were not immediately needed for March through May. As the projects are
moving forward this year, staff is requesting re-appropriation at this time:
Vi11aQe streetscape S692,706: This project wi11 continue to see funds spent up and iultil
all the remaining pieces of the sh project are completed and operating. Tl�is
2
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includes street fiu•nit«re, way-finding, Checicpoint Charlie area, Athletic Club Bridge to
Vorlaufer wallc, the covered bridge surface, as well as the Solaris project improvements.
Neighborl�ood Road Reconstruction S150,000: Funding for tl�e remaining design costs to
get the project to a shovel-ready status.
NeigL�borhood Bridge Reconstruction S75,000: Funding far the remaining design costs to
complete construction doc�unents for 2010 construction of a project partially futlded by
federal dollars.
Rcal Estate Transfer Tax (RET 1') Tund
Staff is proposing to reduce RETT projections by 52,821,000. S1.8 million of this total was
already collected in 2008 due to the tiining of ina_jor redevelopment sales. The remaining S1
million is an adjustment based on inarket conditions. The result is a 2009 projection of S3.4
million, which is similar to the annual collections prior to redevelopinent (see Revenue Analysis
memo for more detail). Earnings on investments were reduced by S81,250 based on a decreased
rate of return from original projections made in the fall of 2008. Revenue is increasing by a total
of S52,000 whicl� incltides S30,000 for the Healthy Waters grant awarded to our Environmental
Sustainability programs, and S22,000 for recreational amenity fees already collected this year.
Total expendit�u increase by S99,�450 in this supplemental but this total is made up of both
additions and reductions to expendit�u Budget reductions totaling S616,550 include cuts
across capital maintenance projects sucl� as parks and landscaping (S75K), savings in Vai1
Recreation District facility projects (S400K) and a decrease to management fees paid to the
General Fund which relate directly to the decrease in R�;TT revenue (S142K). These reductions
offset S350,000 of requested re-appropriations fi unspent 2008 f�ulds and S366,000 of new
requests. The new reqtiest of S366K is a reiinbiu to Eagle River Water and Sanitation
District for the new water supply infrastructure built for raw water in systenls in Ford
Park, the Alpine Gardens and Donovan Park. Originally, the cost of tl�e infrastructure was to be
repaid through the town's water bi11s and was budgeted as such. When infarmed that the interest
rate to be applied would be 5`%, staff is now recommending paying far the infrastructure up fi
rather than financing the project over the next 20 years. Savings to the water bills are included in
the RETT operating reductions (S25K of the $75K above parks reductions).
The S350K of re-appropriations was not requested d�u the last supplemental (in February)
because the funds were not inunediately needed far March through May. As the projects are
moving forward this year, stafl is requesting re-appropriation at this time:
Greenho«se 5250,000: This project has been value-engineered and is a project that the
town can talce advantage of etu favorable pricing on an asset in need of replacement.
Frontage road bilce lanes $100,000: This amoimt is to complete the design phase;
construction is budgeted in 2010 and 2011 at 52,275,000 and $1,150,000, respectively.
By completing the design phase, the project wi11 be "shovel-ready" and may be able to
take advantage of transpartation fiinding.
Other projects l�ave been delayed until 2010, sucl� as the Red Sandstone Park reconstruction
(S4391�) and tennis court improvements (S62K).
3
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�-i-3
Dispatch Scrvices Fund
The E911 Board has approved funding an additional dispatch position, starting this s�unmer. The
supplemental includes both the personnel expense and revenue reiinb«rseiilent for this itein
totaling $31,903. A reduction to capital outlay of $80,000 represents savings on the "Coplinlc"
systein due to funding by a federal awarded to the E9ll Board. The Coplink systein
provides coordinated data of all criminal justice information state-wide.
Confcrcnce Ccntcr l�und
This fund was adjusted for reduced earnings on investinents. The adjustment totals S189,000.
Heaw E4uipment I� und
This fund is adjusted for expenditure reductions totaling �89,709. The savings includes fuel
(SSOK), elimination of tl�e 2% merit (�6K), reducing a seasonal position from .5 to .25 f«II-tiine
eqtiivalents (FTE) (S19K), and other operating clits of �14K. The expense savings also translate
to savings across tl�e deparlll�ents due to a reduction to tl�e "TOV Interagency Charge", a revenue
item far the Heavy Equipment Fund.
Summarv
ln s�ulmiary, flle significant changes proposed in this supplemental revolve around decreased
revenue projections, and suggested budget reductions to help offset them. ln order to maintain a
premier resort experience for o�u gtiests and citizens, staff is recommending the use of the 2008
s�uplus (S3.2 nullion) over the next two years (2009 and 2010) for both General F�u1d operations
and Capital projects. Diuing the 2010 budget process this summer, staff wi11 continue working
toward a sustainable business model for implementation January 1, 20ll.
4
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6-1-4
TOWN OF VAIL 2009 BUDGET
SUMMARYOF REVENUE, EXPENDITURES AND CHANGES IN FUN� BALANGE
GENERALFUND
2009
2008 2009 ist 2009 2ntl 2009 3rtl Proposetl 2010 2011
Actual Butlget Supplemental Amentletl Supplemental Amentletl Supplemental Amentletl Forecast Forecast Commenis
Revenue
To�elSelesT�Revenue'. �9,83�,388 �9,400,000 (�,000,000) �8,400,000 �8,400,000 (�,800,000) �8,800,000 �8,800,000 ��,430,000
SalesTaxSplilbttGen'IFUntl&CapitalFUntl 59/41 61/39 59/41 59/41 61/39 59/41 61/39 61/39
2009: Resul�s �in a 13% tlecrease from 2��8 butlge�antl a ifi tlecrease from 2��8 avluals; Spli� wi�h Capital Projevls
SelesTex-GenerelFUntl ��,840,000 ��,880,000 (�,000,000) �0,880,000 �0,880,000 (�,�00,000) 9,�80,000 �0,�28,000 �0,830,000 Funtl�ineameratioaerevenue(fii%NrevenueretluvliontoG�;2010:TOtalStaxflatwith2[1�8;2011:fi%�increaeeto
total Slax collevlione
PmpertyentlOwnerehip 4,309,822 4,293,500 4,293,500 4,293,500 4,293,500 4,8�3,84� 4,8�3,84� 2�i��increaseperassessor'sestimate;2�11flatwith2�l�becausenotareassessmeMyear
SkiLiftTex 3,2��,�03 3,�90,000 3,�90,000 3,�90,000 (�5,000) 3,��5,000 3,��5,000 3,�93,000 ���9:AlthoughApnlwaeupeignificantlyfrom2[l�e,YTDIi%tax�ietlownfi.3%;ihieretluvlionaeeumeeAatcollevlionefor
amaa� or y��; zoto na� w�m zooe; zott ze i �����aasa
FranchiseFees,Penellies,entlO�herTexes �,0�5,209 899,935 899,935 899,935 �50,000 �,049,935 �,054p25 �,089,953 2009:�increasebasetloncurreMwllevlions;2010:flatotherihantupemalties;2�113.fi%�increase
Licenses&Permile 3,903,028 �,�55,200 �,�55,200 �,�55,200 (420,000) �,335,200 �32,200 �32,200 2009:atljusiconstruvlion-relatetlrevenue;201082011nomajorretlevelopmeM;baseretlucetlifi%from2��e
In�ergovernmen�elRevenue �,�08,�9� �,308,��9 �,308,��9 5,234 �,3�3,953 ��,000 �,384,953 �,325,000 �,350,000 ���9:Fetlemlgmnteof$3fiK;ROatl&Bntlge$12fiK,retluceClyetuby$B�K;2010 8 2011 6aeetlonflatwith2��e,
without fetleml gmr�te
TraneporlelionCenleis 4,8�8,505 5,880,�44 5,880,�44 5,880,�44 (248,000) 5,432,�44 5,432,�44 5,822,900 2009:atljusiforparkingpasssalesbasetlon2��eavlua1;2010flatwith2��8;20113.fi%�increase
Chergesfor5ervices �,000,�33 �98,838 �98,838 50,000 848,838 (�32,050) ��8,�88 �24,��5 89�,�00 ���9:retlucetlRETTMgmifeesof$142K;atltlitionof$1�KVRAMgmifeesbasetlonavlualcollevlions;2010antl2011:
fla� o�her �han RETT fee (fi N RETT collevlione)
Fines&FOrteiWres 398,�0� 280,000 280,000 280,000 280,000 280,000 289,�00 2�1�flatwith2��e;2�113.fi%�increase
EerningeonlnvesMenle 5��,0�3 495,000 495,000 495,000 (380,000) ��5,000 ��5,000 2�5,000 2��e:basetloneamingsat.fi%;2�1�Aat;2�116asetlonl%earnings
RenlelRevenue 949,98� �95,300 �95,300 �95,300 ���,082 908,382 905,000 905,000 Employeehousingunitrental�income-2newunits&�increasetlusage;2�1�&2�11flatwith2��e
MiecelleneousentlProjeclReimbuisemenle �83,025 59,000 59,000 �5,500 �4,500 43,940 ��8,440 9�,000 9�,000 ���9:$32,14�snowmelireimbursement;$BKLibmrygmMS;$2.3Kemergencymgmireimbursement;$1.fiKWalmart
tloma�ion �o Fire �mining
To�el Revenue 33,809,]61 31,396,236 1,000,000 30,396,236 ]0,]34 30,466,9]0 1,9]9,028 28,48],942 28,694,]91 29,602,900
0.�% 3.2%
Expentlitures
2009: Salary savings from recaM posi�ions (PD $2�K; Comm Dev �in�em $].fiK; 2 summer seasonals �in Stree�s $3�K);
Seleries �3,3�9,994 �4,��9,592 (2�5,905) �3,843,88� �3,843,88� (��0,000) �3,8�3,88� �3,590,59� �3,843,88� Elimimate2%ment$11�K;$2fiKretluvliontoOT;2010e1im2fiFixetl-termFTEe,�%ment,mamagetlrecanciee; 2011
magetl vacanciee; 3 men�
Benefile 4,404,800 4,�95,382 (�30,095) 4,885,28� 4,885,28� 4,885,28� 4,�88,�88 4,815,9�3 2�1�:2%Benefits�increase;2�111.]%�increase: bothassumeavemgedaim�perience
Sub��elCOmpense�onentlBenefite ��,�24,�94 �8,9�4,9�4 408,000 �8,508,9�4 �8,508,9�4 ��0,000 �8,338,9�4 �8,35�,383 �8,889,�94
o�i �si
Con�nbu�onsentl5pecielEVen�s �,388,888 �,3�5,8�5 (43,550) �,2�2,�25 �,2�2,�25 �,2�2,�25 �,2�2,�25 �,3�0,289 2�1�flatwith2��e;2[111:3%�increaee
2009: $1�K ma�uml gas antl $3fiK m�ce coMmvl for SeibeM, bankfees $3�K, employee rental uni� contlo tlues $1�.fiK,
AIIO�herOperetingExpenses �,038,�94 �,383,434 (22�,950) �,�8�,484 22,�34 �,�84,2�8 (942,808) 8,24�,4�2 B,T/3,033 �,028,224 $��fiKemerg.Mgmtexpeneee(reimb'tl�inrevenue),$BKforLibmryenergyaudit,$1.fiK�inFiretraining;oHeatbybutlget
culs N$434,fi88 antl 6-avings �in plan review fees of $fi�fiK; 2010: i.fi %�inflalion plus $]fiK loatling�tleliveryest, $218K
atldi�iomal etree�ecape hea�, $ifiK holitlay paMy, $34K N��bue antl $]fiK ulili�iee atltletl back �in; 2011 3%�inflalion
HeevyEquipmentOpera�ngCherges 2,35�,289 2,�4�,83� (���,000) 2,030,83� 2,030,83� (89,�09) �,940,928 2,��2,9�4 Z,Z�g,gZ3 ���9:$fi�KFUeleavinge,$ieKetaHechetluleclrangee,$fiKeliminationof2%ment,antl$14KOperatingeavinge;2010:
fi%�increase antl atltl back $]fiK oul of $12fiK of 2��8 savings on fuel; 2011 fi%�incr
HeevyEquipmenlReplecemenlCheiges 835,903 8�8,88� 8�8,88� 8�8,88� 8�8,88� �83,�25 889,9�0 Perorigimalfi-year2��eplan
Oiepe�ch5ervices 533,�84 543,0�2 543,0�2 543,0�2 543,0�2 540,3�8 548,481 TOVportionofDispatd�services(approx.32%)
To�elExpentliWres 29,650,592 30,983,6]3 ]SS,500 30,195,1]3 22,]34 30,21],90] 1,202,515 29,015,392 29,839,599 30,683,384
2.8% 2.8%
Revenue Over(Untler�Expentlitures 4,159,169 412,563 (211,500) 201,063 48,000 249,063 (]]6,513) (52],450) (1,144,808) (1,080,484) Assump[ions:
`ECOnomic dima�e will remain �hmugh 2�1 wi�h eome �impmvemeM �o revenue etreame �in 2�11
EmployeeHOmeOwnershipProgram (3�5,000) �25,000 (250,000) (250,000) (250,000) (250,000) (250,000) 'Goal=Suetainablebutlgetby2�11
`Neetl �o cover�he $1.3M ehorHall �in 2�11 (Geneml Funtl) �in oNer�o balance expendi�uree �o revenue
TotalExpentlitures 30,84�,592 3�,358,8�3 (9�3,500) 30,445,��3 22,�34 30,48�,90� (�,202,5�5) 29,285,392 30,089,599 30,933,384 'CapitalplaneforbothCapitalantlRETTfuntlewillberevieetl
`Develop 2-year e�m�egy tluring �he eummer (2[li butlge� pmceee) for �he e�aM of �implementa�ion tlunng 2�1
Surplus Net of Translers 8 New Pro ra 3,168,169 3],563 56,500 48,93] 48,000 93] ]]6,513 ]]],450 1,394,808 1,330,484 antl effevlive Jan 1, 2�11
BeginningFUntlBelence �9,834,��� 2�,583,4�� 2�,583,4�� �,439,4�5 23,002,888 23,002,888 22,225,438 20,830,828
Entling Funtl Balance I$ 23.002,886 I$ 21.600,9]4 I I$ 21.514,4]4 I I$ 23.001,949 I I$ 22.225,436 I$ 20,830,628 I$ 19.500,144 I
Percent�AnnuelRevenue 88% 89% �5% �8% �3% 88%
2-VrShortfell'. (2,��2,258)
3,�88,�89
Ver'. 995,9��
5_
TOWN OF VAIL 2009 BUDGEf
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
SM1atletl i[ems Reques[ing re-appropria[ion from unspen[ 2008 funtls
2009
2008 2008 Variance 2009 is[ 2009 2ntl 2009 3rtl Proposetl zoto 2011
Amentletl Ac[ual Favl(Unfav� Butlge[ Supplemen[al Amentletl Supplemen[al Amentletl Supplemen[al Amentletl Forecas[ Forecas[ Commen[s
Revenue
TotalSaleeTaxRevenue: 18,4��,��� i8,fi31,3fifi 231,3fifi 18,4��,��� (1,���,���) 18,4��,��� 18,4��,��� (1,8��,���) ifi,fi��,��� ifi,fi��,��� 1],43�,���
Sales Tax Split h/t Gen'I Funtl Capital Funtl 80140 59141 81139 59141 59141 81139 59141 81139 81139
Salee Tax Capi�al Pr jevle Funtl $],]fi�,��� 8,1]1,82� 411,82[l $],fi4�,��� $],fi4�,��� $],fi4�,��� fi,84�,��� fi,4]4,��� fi,8��,��� Total retluc�ion �o revenue ueing eame epli� ae butlge�etl (38% �o Capi�al)
UseTax 582,��� fi�8,483 2fi,483 1,���,��� 1,���,��� 1,���,��� (5��,���) soo,000 soo,000 ]5�,��� 2��9:5�% retluvlion
FetlemlGmMRevenue 81fi,fi]] 81fi,fi]] 1,4��,��� 1,4��,��� 1,4��,��� 1,4��,��� 4p28,��� fi��,��� $�'QM�in'�Bantl$3.fiM�in'1�fortransi�ceMerantl$828Kforbritlgereconstruvlion;
zoir e�ses
eagiaco�myc�amaa�a��a av,000 eo,000 (ze�,000)
�easeae�e��e is�,soo isa,ieo aeo isa,sso isa,sso isa,sso isa,sso iez,aoo iez,aoo
employeeMOUSmgFee-m-oeu soa,000 sze,a91 zepai a9,000 a9,000 a9,000 a9,000
ProjevlReimbursemen� fififi,��� 882,3fi� 41],3fi� 18�,��� 18�,��� 2�,��� 21�,��� Reimbursemen�fromVailResoMSforCDOT'ss�utlyof�heFron�ageRtlreloca�ion
(EVeNail)
RepaymeM of Loans 3�,��� ao,000 b,000 fi,��� Chiltlren's Gartlen of Leaning loan balance a� 2��8 �is $2fiK wi�h $fiK per year tlue
EarningsonlnvesMeMSantlO�her fi4fi,fifi3 fifi],3fi8 1�,81fi 18,]fi� 18,]fi� 18,]fi� 18,]fi� 18,��� Basetloneamingsal.fi%
To[alRevenue 11,2]6,930 11,933,349 656,419 10,195,300 10,195,300 190,000 10,385,300 (1,180,000� 9,205,300 11,61],300 8,34],300
Expentli[ures
Lantll Property PurcM1ases
AltairUni� 1]B,�fifi 1]8,18� (114)
Gore Range Contlo Uni�s 2E 3W fi88,4fi2 fi88,8fi1 (fi�8)
Capi[al Main[enance Expentli[ures
BusShel�ers ]8,3fi4 2fi,fififi fi3,]88 ao,000 ao,000 ao,000 (3,���) 2],��� 2],��� 2],8�� 1�%retluvlionfromorigimalfor2��8,'i�antl'11
ParkingS�ruvlures 1,ifi3,21fi ]fi8,fi88 4�3,fi18 aso,000 aso,000 12�,��� eoo,000 (eo,000) bao,000 ase,000 818,��� $12�KEIere�orreplacemeMCOmple�etl�in2��8;1�%retluvlion2��8-2�11
Facili�ies fifi8,81] fi32,818 3fi,888 ]fifi,��� ]fifi,��� ]fifi,��� (]fi,fi��) fi]B,fi�� 8]3,��� abo,000 ���BrepairPWShoproNantlreriousrepairs�omunicipalfacili�ies,2�i�re-roof
�he Library, mof repairs �o E Vail Fire SN; 1� retluc�ion 2��8-11
BuiltlingRemotlels fifi,��� fifi,��� fifi,��� (fi,fi��) ae,boo ba,eoo On-goingminorremotlelsofreriousTOwnfacili�ies;i�%retluc�ion2��8-11
Creeksitle Housing lmprovemen�s fi�,��� fi�,��� fi�,��� (fi,���) ba,000 ba,000 ba,000 Neetl �o gu� plumbing; elevlrical wiring; roofing, elc.; 1�% retluc�ion 2��8-11
Donoren Park Pavilion 13,��� 12,8�8 82 4fi�,��� 2�1�: $fi�K fumi�ure replacemen�; $4��K �o cMange veMila�ion &�improve noise
Stree�LigMlmprovemeMS ]fi,��� ]2,]24 2,2]fi ]fi,��� ]fi,��� ]fi,��� (],fi��) fi],fi�� fi],fi�� fi],fi�� News�ree�ligMSantlrefurbishresitlen�iall�igMinggrm;i�%retluvlion2��8-11
Capi�al Slree� MaiMemance 1,]�2,28� 1,fi8fi,]]2 fi,fi�8 i,fi�fi,��� (18,413) 1,48fi,fi8] 1,48fi,fi8] (148,fi��) 1,33],�8] fifi8,��� 1,12�,fi�� On-going main�enance �o roatle antl britlgee �indutling aepMal� overlaye, pa�ching
a�a �pa��; i o i�a�c�o� zooe-i i
Fiammabieemmaa�Maacnionaecomammem za,000 e,eoo i9AOO i9AOO i9AOO (i,9ao) ie,eeo seconaarycomammemarounaMaa�a�k��amo�aaiy�oi��kmmee�contammem
requiremeMS; This �is a compliance �issue.
FireTruckRebuiltl/RefuNieh fi2�,��� fi4fi,��� 2�1�:newfiretruckforWVaileta�ion;2�11replacepumpertruck
Fire �infraetruvlure �impmvem�e (Main Vail e�alion) 8]fi,��� Remotlel of Main Vail eta�ion a%er W Vail buil�; previouely butlge�etl �in 2�1�
AutlioUieual(Councilvitleo,Securi�y,PDCarvitleo) 32,��� 31,84fi ifi4 fi1,ifi� fi1,ifi� fi1,ifi� fi1,ifi� 8,��� �BCouncilcMambere�ream�ingvitleo;'i�policecarcamerae
Documen�lmaging 3fi�,��� 243,3�1 1�fi,fi88 1�fi,fi88 1�fi,fi88 1�fi,fi88 11�,��� 11�,��� Annualmain�enance,liceneinganticontrac�poei�ion�hru2�11
SN�ware Licensing a,boo a,boo fi8,2�� fi8,2�� fi8,2�� fi8,2�� 28,��� ifi,��� Upgratle MicrosN� protluvls on all equipmen�, replacemeM PC's, server upgratles,
AS4��. These upgratles occur every 3-fi years on a rota�ion schetlule
Hartlware PurcMases fi4,838 fifi,888 (1,ifi1) 84,38� 84,38� 84,38� 84,38� ab,000 eb,000 Schetluletl rota�ion of PCs, priMers antl servers
Dala Cen�er (Compu�er Rooms) 3fi,fi�� 3fi,fi�� 12,��� 12,��� 3fi,fi�� 4],fi�� 4],fi�� ifi,��� 1],��� Fire suppress�ion �in compu�er rooms; maiMemance, securi�yantl power sys�ems for
3 rooms
Websi�eantle-commerce ao,000 13,�fi� ifi,8fi� 28,fi�� 28,fi�� 28,fi�� 28,fi�� 12,��� 2],��� IMerne�securi�y&applicalion�in�erfaces;websi�eretlevelopmen�2��8/�8
CommDevArcGlSSys�em fi2,��� fi2,��� fi2,��� fi2,��� Webaccess�o�ownGlS�irdorma�ion(similar�oCoun�yswebsi�eGlSprotluvl)
FiberOp�ice�inBUildinge 3�,��� 24,1]8 fi,821 ifi,��� ifi,��� ifi,��� ifi,��� 21,��� 1],���Cabling/Ne�woMlnfraetruc�ure;�orepair,maiMain&upgmtle
Nelworkupgratles 43,4]8 39p2] 4,�51 18,3�� 18,3�� 18,3�� 18,3�� 3�,��� 21,��� CompulerneM1rvorksys�ems-replacemeMCydeevery3-Syears
CompulerAitletlDispa�ch(CAD)/RMSProjevl fi8,fi4� fi8,8fi8 (318) fii,fifi� fii,fifi� fii,fifi� fii,fifi� fifi,��� fi],��� CouMy-witle"CompulerNtletlDispa�cWRecortlsMgm�Sys�em"
Comm Dev IMeravlive Permi� sofM2re 2fi,��� 2fi,��� 2fi,��� 2fi,��� 2��,��� Upgratle N Permi� Plus so%ware; companywill tliscoMinue suppoM of our curreM
sys�em
VehideEapaneion fi1,411 44,fi81 ifi,]3� 18,��� 18,��� ifi,]3� 34,]3� 34,]3� 2��BCOMinuetlee�upofPOliceVOlvoe$ifiK;FOrklif�forPW$i8K
E Vail Ratlio Tower fi,��� fi,���
G: IG�?Uf)3
-s-
fi-I-6
TOWN OF VAIL 2009 BUDGEf
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
SM1atletl i[ems Reques[ing re-appropria[ion from unspen[ 2008 funtls
2009
2008 2008 Variance 2009 is[ 2009 2ntl 2009 3rtl Proposetl zoto 2011
Amentletl Ac[ual Favl(Unfav� Butlge[ Supplemen[al Amentletl Supplemen[al Amentletl Supplemen[al Amentletl Forecas[ Forecas[ Commen[s
Main[enancePaitlforbyCapi[alFUntl 4,395,034 3,6]2,893 ]22,141 3,394,180 (19,413� 3,3]4,]6] 29],329 3,6]2,096 (30],840� 3,364,256 3,660,500 4,443,800
Capi[al ReplacemerR Expentli[ures
Wes�MeatlowDrive 1,]2�,��� 1,118,31] fi��,fi83 fi��,fi83 fi��,fi83 fi��,fi83 Comple�ionofprojevlsuntlercoMmvl;$2��KSavings
VillageSlree�scape 1,128,]fii 3fi,�fifi 1,�82,]�fi 4��,��� aoo,000 fi82,]�fi 1,�82,]�fi Fulureworkmay�inclutlenewspaperboxes,CheckpoiMCMarIie,CoveretlBritlge,
VVD walk, e�c.
NeighborhootlROatlReconstruvlion ifi�,��� ifi�,��� bo,000 bo,000 bo,000 ifi�,��� zoo,000 1,���,��� 2,fi2fi,��� OverMaulresitleMialstreels!�Btlesign;Cons�ruc�ionspli�belween2�i�antl'11
NeighborhootlBritlgeRecons�ruc�ion ]5,��� ]5,��� ]5,��� ]5,��� ]5,��� ]5,��� 15�,��� 1,2��,��� 1��,��� OverhaulresitleMialbritlges-2��9tlesign; Cons�ruvlion�in2�1�
FireBrealhingAppam�ue 18�,��� 18�,��� 18�,��� 18�,��� ReplacemeMOfall(3�)cylintlere/compreeeore;Oltlermotlelcurten�lyueetlno�
eHevlive
Parking Entry Sys�em Equipmen� fi2,88fi fi4,]fi� (1,]fifi) 14fi,��� 14fi,��� 14fi,��� Me�eretl lo�s; equipmen� obsole�e antl nN servicable by ventlor, Time sensi�ive for
ne�alla�ion prior�o neat parking eeaeon
Ratlio Equipmen� replacemen� (pub. works, pub. safe� fi4fi,fi�� fi43,28� 2,22� 22],��� (22],���) ReplacemeM of 1888 mtlios for PW, Fire, PD; tlelayetl
OfficeEquipmeM 14,fi35 ],9]� fi,fifi5 e,000 e,000 e,000 e,000 �9GISEquip
HeavyEquipmen�newcapital 3,4�� 3,4��
Genera�or-MUnicipalBUiltling/Dispa�ch 2fi�,��� 228,8]fi 2�,124 2�,124 2�,124 2�,124 2��B:workfinishetlup�in2��8/balancetlueonacoMmvl
Replace Buses 3,84�,29] 3,fi88,83fi 151,4fi1 143,4�� 143,4�� 3�,��� 1]3,4�� 1]3,4�� 2,199,fi�� 1,2�3,4�� ���9 for spare paMS on new hybritl buses s�ocking par�s retluces tlown�ime when
buses neetl servicing; 2�1�: fi regular buses; 2�11 2 Hybritl buses
Replacemen[Paitlforby Capi[al Funtl ],]80,5]8 5,680,084 2,100,494 686,400 (zz�,000� 45],400 1,195,80] 1,653,20] 91],]O6 2,5]0,913 4,399,600 3,828,400
PropertyTaxlncremen[-Reservetl aat,000 aat,000 441,��� 441,��� 441,��� Reserveforunitlen�ifietlprojec�s
O[M1erlmprovemen[s
Wes�VailFireSta�ion-Planning/Design 328,228 fi,8�� 322,328 aoo,000 aoo,000 aoo,000 Con�inueplanningantltlesignprocess;Designfirmhasbeenselevletl
Buy-tlown Progmm fi��,��� boo,000 boo,000 boo,000 boo,000 boo,000 Increasetl �o $fi��K per year as of 2��8 per Housing Stra�egic Plan
VariableMessageSgns/Way-FintlinglmprovemeMS 3fi,41fi 2fi,443 1�,8]3 18�,��� 18�,��� 1�,8]3 18�,8]3 18�,8]3 fifi,��� 13�,��� �BVailUillagewayfintlingsignsonortler,$iB�KforMainVailrountlaboul&FOUr
s�so�s; �io soia��s
For'�8, tlesign on EV berm �is fi� comple�e; �hese tlollars �indutle tlraimage work
I-]�NOise 1,�]8,282 2],fi43 1,�fi1,fi38 aoo,000 aoo,000 aoo,000 ]fi1,fi38 PerigreemeMwi�hBaltlMN�ownhomes(2�i�tleatlline); Cons�ruc�ionofberm
ou tl be pMaeetl; coe�e no� known a� �hie �ime; Pueh re-appropna�ion �0 2�1�;
Elim�inale annual $2fi�K butlgel for 2�11
I-]�FiberOp�ice 8�8,128 ]4�,34] ifi8,]81 ifi8,]81 ifi8,]81 ifi8,]81 ���B:pmjevinearingcomple�ion;TOwnwillMavefiberop�icconnec�ion�ol-]�
omitlor for �impmvetl publ�ic eafety communicatione
UntlergrountlU�ili�y�improvemeMS 212,]83 ifi3,28fi fi8,48] ififi,��� ififi,��� ififi,��� T�nsferofu�ili�ylinesfromabovegrountl�ountlergrountl; oHse�by$ififiKrevenue
above from Holy Cmee; work alreatly comple�etl antl awai�ing final billing.
ManorVailSlree�Plan 1��,��� ifi,2�� sa,soo sa,soo sa,soo 83,8�� Eapendi�urerela�etl�o�impavlfeepaitlbyManorVailtlevelopmen�;Keepfuntls�in
bugtle� tlue �o tleveloper agreemeM
CMamonixAreaPlanning 148,8]1 148,]fi2 1�8 ao,000 ao,000 ao,000 ao,000 Con�inuetlworkonChamonixareaplanning
Wes�VailAreaPlanning 3,4�fi 3,4�fi
TOVSIm�egicPlanning bo,000 Lantlusezone&planamentlmeMs
Houeing S�m�egic Plan 2fi,341 12,�fi] 13,2]4
LH Parking Struc�ure Retlevelopmen� fi4,85] 55,��9 9,848
Fire Impavl Fee Nexus s�utly ifi,��� ifi,��� ifi,��� N�us s�utly�o tle�ermine retlevelopmen� �impavl on Fire Depar�meM; PNeMial
TmfficlmpavlFees�utly ao,000 ao,000 3�,��� S�utly�otle�ermineretlevelopmne��impavlontraffic/po�eMialrevenue;�itleMifietlas
ned s�ep �in transpoMalion plan
Re-appropria�ion of $i 8K, plue an atltli�iomal $81 K �o comle�e �he eecontl phaee of
Timber Ritlge Legal/ZOning fi3,82] 44,fi2� 18,4�] 1��,��� 1��,��� 1��,��� nego�ia�ing a coMmvl antl �o recognize �incremeMal cos�s tlue �o a higher number of
espontlaMS; This will be consitleretl a loan �o Timber Ritlge Affortlable Housing
Corp.
TimberRitlgeDeb�ServiceGuaran�ee 82fi,��� 82fi,��� 82fi,��� 82fi,��� 82fi,��� Annualtleb�serviceguamn�ee-requiremeMNTRtleb�
���.?UI))
�1-�-�
TOWN OF VAIL 2009 BUDGEf
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
SM1atletl i[ems Reques[ing re-appropria[ion from unspen[ 2008 funtls
2009
2008 2008 Variance 2009 is[ 2009 2ntl 2009 3rtl Proposetl zoto 2011
Amentletl Ac[ual Favl(Unfav� Butlge[ Supplemen[al Amentletl Supplemen[al Amentletl Supplemen[al Amentletl Forecas[ Forecas[ Commen[s
This �is Nfsel by contribulions from Vail ResoMS antl CDOT antl covers comple�ion
LionsHeatllmprovemen�s 32,242 48,fi]8 (ifi,33]) 34,��� aa,000 34,��� of�he�mnsporta�ions�utly(curreMlyuntlerway)anticonsul�aM'sreviewNEVerVail
fmr�tage matl plane
FroMageROatlReloca�ion 2�,��� 2�,��� S�utlyN�heFroMageRtlreloca�ion(EVeNail)-seereimbursemen�fromVail
Resor�s above
Bio-Mass Slutly bo,000 bo,000 bo,000 bo,000 fi�,��� CurreMly researching Bio-mass op�ions; Staff �is applying for a gmM �in May�o funtl a
feaeibili�y e�utly antl being able �o ehow a butlge� may be cn�ical for gran� elig�ibili�y.
To[al O[M1erlmprwemen[s 3,659,603 1,2]8,920 2,380,683 �to,000 �to,000 2,1]3,554 2,883,554 zo,000 2,903,554 1,366,639 sao,000
To[alCapi[albeforeFinancing 1],053,]33 11,416,93] 5,643,695 4,]88,580 (246,413� 4,542,16] 4,10],690 8,649,85] 629,866 9,2]9,]23 9,426,]39 8,902,200
Deb[ Service antl Financing
Deb� Service on Ou�s�antling Bontls 2,321,825 2,2�4,fi]� 11],155 2,2fifi,]]5 2,2fifi,]]5 31,34fi 2,298,121 2,298,121 2,2]3,331 2,28�,fi81 Atljus� tleM service funtl paymen� for refuntling of bontls
Tmnefer�oVailReinveeMeMAUlhori�y 1,4��,��� 1,4��,��� 1,4��,��� 1,4��,��� 3,fi��,��� T�neferfetleralgraMmoney�oVRqVRACOVenngall�pentli�ureefor�he�mnei�
ceMer projec�
TmneferfmmDiepa�chFUntl (]fi,���) (]fi,���)
Tmneferfmm Geneml Funtl (441,���) (441,���)
To[alDeb[ServiceantlFinancing: 1,805,825 1,688,6]0 11],155 3,666,]]5 3,666,]]5 31,346 3,698,121 3,698,121 5,8]3,331 2,280,681
To[al �pentli[ures 18,859,558 13,105,60] 5,]60,850 8,455,355 (246,413� 8,208,942 4,139,036 12,34],9]8 629,866 12,9]],844 15,300,0]0 11,182,881
Revenue Wer(Untler� Expentli[ures (],582,628� (1,1]2,258� 6,410,3]0 1,]39,945 246,413 1,986,358 (3,949,036� (1,962,6]8� (1,809,866� (3,]]2,5A4� (3,682,]]0� (2,835,581�
BeginningFUntlBalance 1�,ifi4,128 1�,ifi4,128 2,242,2]1 2,242,2]i fi,]38,fi88 8,881,Bfi8 8,881,Bfi8 fi,2�8,32fi i,fi2fi,fififi
EntlingFUntlBalance 2,5]1,500 8,981,8]0 6,410,3]0 3,982,216 4,228,629 2,]90,562 ],019,191 (1,809,866� 5,209,325 1,526,555 (1,309,026�
Urduntletl Capi[al Projec[s
Chamonix Si�e DevelopmeM Housing
Wes� Vail Fire Sta�ion 2,]fi�,��� 2,]fi�,��� 2,]fi�,��� 2,]fi�,��� 2,]fi�,���
Creeksitle Housing Improvemen�s ssa,000
Municipal Bltlg HVAC Renore�ion zpoo,000
FroMage Roatl Fortl Park fi,fi3fi,���
LH Informa�ion CeMer Renovalion fifi�,���
Eas� LionsHeatl PoMal a,000,000
Eas� LionsHeatl Cirde 1,���,���
To[alUnfuntletlProjec[s z,�so,000 z,�so,000 z,�so,000 z,�so,000 s,�so,000 s,t�a,000
EntlingFUntlBalancelncl.Unfuntletllis[ 2,5]1,500 8,981,8]0 6,410,3]0 1,222,216 1,468,629 2,]90,562 4,259,191 (1,809,866� 2,449,325 (5,233,445� (to,aaz,ozs�
�i: i II[)
-8-
(l-�-K
TOWN OF VAIL 2009 BUOGET
SUMMARY OF REVENUE, EXPENORURES, ANO CHANGES IN FUNO BALANCE
REAL ESTATE TRANSFER TAX
Shatletl tlems Requesting reappropriation hom unspent 2008 funtls
2009
2008 2008 Variance 2009 2ntl 2009 3rtl Proposetl 2010 2011
lvnentletl Actual Fav/ Unfav Butl et Supplemental lvnentletl Supplemental lvnentletl Forecast Forecast Commenis
REVENUE
ReelES�eleTraneferT� �,230,000 9,09�,9�� �,88�,9�� 8,24�,000 8,24�,000 2,82�,000 3,420,000 4,�05,000 4,000,000 RAZ,SOlensentlFOUrSeesone'.eseume50%soltl20�0entl50%soltl20��
FetleralGranLS 2,400 2,400 149,458 149,458 149,458 Fetleralgranlfor�heTimberRitlgelBUffehrCreekpa�h
GolfCOUiseLeese �28,�08 �22,0�0 (4,898) �20,000 �20,000 �20,000 �24,800 AnnuelleesepeymenlfmmVeilRecreetion0ietricl
VROrepeymenlforpromiseorynole 352,325 352,325 (��,22�) 31�,098 313,424 33�,SBSNO�ebesetlon$�.BMloenel3.5%over5yeere',Atljuel2009forinleresltiming
Inleigovenmen�al Revenue 20,000 24,514 4,514 20,000 20,000 30,000 50,000 20,000 20,000 $30K Hea�hy Walers Granl', $20K Lollery pmceetls
ProjeclReimbuisemenle 8,000 4,�02 (�,898) 2,500 2,500 2,500 �elBenkeponeoishipofehoppingbege
RecrealionAmenityFees 55,000 51,822 (1�8) 25,000 25,000 22,000 4�,000 25,000 25,000 BasetlonacWalcollectionsin2009
Eemin sonlmesMenlsentlO�her 388,958 489,9�3 �00,95� �82,500 �82,500 8�,250 8�,250 40,402 �8,048 2009&20�0'.Besetlon.5%reWmonpnor eefefuntlbelence',20��besetlon�%
To�elRevenue ],829,OE4 9,]89,6]S 1,960,614 6,920,825 151,958 ],0]2,]83 2,861A» <,211,306 5,258,626 4,398,616
Caotlal Maintenance Exoentlitures
AnnuelPerkentlLentlecepeMein�enence �,3��,088 �,�43,289 �8�,��� �,385,882 �,385,882 (�5,000) �,290,882 �,35�,28� �,480,�85 Ongoing pelh,perkentlopenepecemein�enence,projeclmgml',$�SKretluctioninexpenses2009-��
MenegemenlFeeloGenerelFUntl(5%) 38�,500 435,055 (�3,555) 3�2,050 3�2,050 (�42,050) ��0,000 258,300 2�0,300 5% ofRETTCOIIectione-feeremNetlblheGenerelFUntlforetlminielration
Rec.Pe�hCepitelMeinl 384,282 325,��4 59,�48 �53,510 40,000 �93,510 �93,510 �90,58� �04,�45 Cepitelmeinlenenceof�helown'srecreetionpe�heyelem','09forrecpelhweyfintlingeigneonoNer
TreeMain�enance 115,931 65,986 49,945 60,000 49,951 109,954 109,954 65,000 65,OOORegularmainlenanceforlreeheal�hwithin�hebwn(spraying,removing,newtrees)','09bconlinuewithscale
spraying on bwn-ownetl pmperty al appmx. $120 per lree
ForeslHeatthManagemenl 531,808 259,60� 2�2,201 265,000 265,000 265,000 265,000 265,000 Pinebeellemitigalioninconjunctionwlforeslservice
SlreelFUmitureReplacemenl 26,143 14,1�8 11,965 20,000 5,983 25,983 25,983 25,000 25,000 AtltlitionsantlreplacemenlofstreelfumiWre','09re-appropnalionloexpantlbikerackinslallalions(alappmx.
,000 per bike rack)
PeiklPleygmuntlCepi�elMeinlenence �25,229 �24,388 88� ��0,000 ��0,000 ��0,000 ��5,000 90,000 Tomeinleinpleygrountle,reslmome,elc.
Oonovan Park Builtling 29,631 29,631
AlpineGartlen5upport 90,000 90,000 55,620 55,620 55,620 63,651 65,564 Annualsupportal3% increaseperyear
BlackGOreCreekSantlMitigalion 184,000 93,431 90,569 90,000 90,569 180,569 180,569 100,000 100,000 Annualsupportofwalerprolectionprograms','09lomoveawale�iinelomakemomforatltlitionalsantlre�ention
Total Captlal Maintenance 3,159,5]3 2,551,028 608,545 2,432,092 186,506 2,618,598 (21],050) 2,401,548 2,633,]SS 2,385,]94
Otherlmprovemenis
MeetlowOnveSlreelecepe �,050,000 838,2�2 4��,�88 4��,�88 4��,�88 4��,�88 09forWeslMeetlowOr'rve(LibrerybVeilROetl)',ongoingcoeleuntlercontrecl
KaLSOSRanchBikePalh 316,88� 223,020 123,86� �,000 �,000 �,000 09forwellantlre-vegelation-lhelasllaskinresurtacingrecpalhhom5unburslbE.Vail
Cascatle Bike Pa�h 6,9�� 6,9�� Witlen recrealion palh hom W. Haven b lennis courts
Pa�h fmm TimbeiRitlge lo Roosl', offsel by Fetleral Granl of approx. $i 50K', $46K atltlNOnal funtls necessary b
TimberRitlge-BUffehrCreekRtlseparalion 504,242 504,242 �00,000 �00,000 �00,000 omplywi�hfetleralfuntlingrequiremenlsantlonginalcoslestimaleswerefmm2003', ConlractmaybeawaNetl
al June 2ntl meeting.
LionsheatlloMeatlowOr 202,500 202,500 202,500 Improvemenlsbexistingbikepalhalong�heslream
Trailheetl0evelopmenlllmpmvemenl 33,250 �9,�49 �4,�0� 23,200 23,200 23,200 24,000 24,000 Improvetreilheetle',COnlinuetlneetllhrough20�2(onelrailperyeer)
ShareticoslswMVRO-AOAaccessalrecrealionalhcilities','09 re-appropnationloremotlelreslmomalgolf
AOACOmpliencewlVRO �00,819 24,988 �5,88� �0,000 �5,88� 85,88� 85,88� �0,000 �0,000 co rsehole#�3',LHeuxillierybltlgAOAimpmvemen�s(IRl)entleramplreslmomupgratleel�heClubhouse.
Oesign is alreatly compleletl', will go b bitl soon.
Recrealion Masler Planning �9,543 �3,128 6,415 6,415 6,415 6,415 Concepl antl tlesign of recrealion assel improvemenls', 2008I091he Vail Golf Course Clubhouse
SlreemwelkAOA&Sefetyimpmvemen�s 225,000 �0,0�4 2�4,988 �,033 �,033 �,033 Tocovereremeiningengineenngbill
Greenhouse 100,000 100,000 250,000 250,000 Projeclneverslarletl',$100KOriginallybutlge�etlantlano�her$i50Krequesletlbasetlonreviseticosleslima�es',
Conslnictwitlenetl 6' shoultlers along all hon�age matls', firsl prioiity is Blue Cow Chu�e lo Easl Vail', pa�h fmm
Fron�ageROatlBikeLanes/rrails 1,2�5,000 1,2�5,000 50,000 50,000 100,000 150,000 2,2�5,000 1,150,000 VailMtnSChooIbE.Vailexit',2009fortlesign($SOK)antlsurveywork($100K�;constructionisbutlgeletlin
zo�o
FomPanMaa�rPia� �,sa�,aao �,sa�,aao aoo,000 aoo,000 aoo,000 a,aa�,aao z,�so,000 Re�PP'oPr�aao�nomzooarormaaierPia��m9a�dParkm9a�Neywork�Pnaaeq�,mieN�ewedsoa�mda�ao�
nP�.z��, P�:nremamae.mzoio
Fom Pan imP�o�emems zoo,000 zoo,000 zoo,000 Fom Pan Pamwo�k, �eso-ooms a�d ome��mP�o�emems
SeibertCiicle 323,230 85,531 23�,696 33�,696 33�,696 125,000 212,696 $125KMOralesre inall butl eletlin5eibertpm'ecl',movebPUblicArtforimplemenlalion
G� I(��?U[l�
-s-
(�-I-9
TOWN OF VAIL 2009 BUOGET
SUMMARY OF REVENUE, EXPENORURES, ANO CHANGES IN FUNO BALANCE
REAL ESTATE TRANSFER TAX
Shatletl tlems Requesting reappropriation hom unspent 2008 funtls
2009
2008 2008 Variance 2009 2ntl 2009 3rtl Proposetl 2010 2011
lvnentletl Actual Fav/ Unfav Butl et Supplemental lvnentletl Supplemental lvnentletl Forecast Forecast Commenis
RawWa�erllrngalionCOnlml 9,92� 4,1�5 5,�52 5,�52 5,�52 366,000 3�1,�52 Wa�ersupplyinfraslnicture',Ongplanbinclutleinwalerbills,bulinlereslralenow5%,sopayinguphonlinsleatl
of financing
KayakTake-oul 10,000 10,000 10,000 10,000 10,000 Kayaklake-oulareaalongstream(partofOneWillowBritlgetlevelopmenlagreemenlantlmuslbeaccoun�etl
for seperalely)
SlreemTractEncroechmenl5urvey 84,88� 84,88� 84,88� 84,88� 84,88� SurveyelongGOreCreek
Reconslniction of playgmuntl per safety plan', 20 years oltl', in-house tlesign curtenlly untlervvay antl slaff woiking
RetlSantlslonePark-PerSafetyplan 465,03� 205 464,832 25,000 25,000 25,000 439,000 naplanlotlealwithparkingantlAOArequiremenLS', $25Klofinishtlesign', $439Kforronsiructiontlehrretl
��n zoio
uo�sneadPan i,os�,000 �zo i,oss,zao NewPan-m�aao��oide��med�, deiayP�o�e�iro��ow
BoolhCreekPla �o��d aoqzso
Boolh Creek Paik retlevelopmenl 1,390,000
OonovanPark 15,409 466 14,943 Xenc aNen',construclatltlitionalpicnicshel�er
WhiteWalerPaik 48,325 2�,948 20,3�� 5,000 5,000 5,000 3rtlholelblatltlersyslemalWhi�ewalerPaik-IaslpartofprojeclisloprogramlhewalerfeaWre'ssys�em
SkelePerk 85,000 48,924 �8,0�8 Percouncilerequesl�0l�9104-lempore eke�epeik
BearProofCOn�ainers 2,5�8 2,5�8 InTOVparks&trailheatls',bnngourcansinlocompliance
ArtinPUblicPleces-PmgremelArt 284,5�8 �3�,53� �32,9�9 �5,000 �40,�58 2�5,�58 2�5,�58 80,000 80,000 TopuichesesculpWres,ertwork,ertprogramsentleven�s',remeintleriere�ppropne�etleechyeerlo
mulale enough funtls', $�K atltlitional hom nel profit of 2008 Manhole cover sales
Public Art Morales relocation 125,000 125,000 Transfertetl fmm Seibert pmjecl b cover cosl of relocating �he Morales artwork
PublicArt-MeatlowOr'rveEnl 85,000 85,000 85,000 85,000 85,000 Transfertetlin'OShomstreelscapepro'eclbcovercoslofnewMeatlowOnveenl feaWre
PublicArt-Operaling 65,2�5 �8,45� (13,182) 81,359 81,359 81,359 86,890 89,496 AIPPSalaryantloperalingexpensesrela�etlbRETT
LantlscapeMetlians 5�0,000 16,502 553,498 300,000 300,000 300,000 Fron�agematlmetliansalongsitleretlevelopmenlpmjecLS',workingonlightingplanforinfmnlof5olaris,Vail
Plaza antl Four Seasons
Public Restrooms �8,659 58,0�5 20,581 6�0,000 09 Tear tlown antl rebuiltl (antl enlarge) Fortl Park reslmom', Reslrooms al W. Meatlow Or'rve Vail Roatl', Per
O12� Mtg, puehetl fiom'09 0
Envimnmenlal5uslainability 312,�11 221,512 91,169 255,000 60,000 315,000 315,000 250,000 250,000 Envimmm�elalprojecLSSUChasenergyefficiencysWtliesofmunicipalbuiltlings,recyclingpmgrams,elc.
OpenSpeceLentlACquieition 55�,0�9 55�,0�9
CaptlalPaitlforbyRETTFUntls: 9,301,655 1,662,5]6 ],639,0]9 650,059 2,]85,602 3,435,661 ]16,000 4,151,661 9,004,230 5,543,]46
VRO-Managetl Facility Projecis
RecrealionEnhancemenlACCOUnI 120,000 120,000 120,000 124,800 129,�92 ReserveaccounlforgolfcourseimpmvemenLS-funtletlbyannualleaserevenue
Golf Course Irngalion VRO's poNOn 1,60�,522 1,60�,522 1,60�,522 Finance VRO's portion of irngalion sys�em replacemenl (5-year payback)
GolfCOUiselrngelion �,80�,522 �,80�,522 (�8�,000) �,448,522 BesetlonestimelesfmmBOmeEngineering',eplil50%withVRO(�0%retluction)
GolfCOUiseClubhouse,5ler1er5heck,elc. 802,��5 802,��5 (80,000) 512,��5 �04,882 8,3�5 Improvemenlebmein�enencebuiltlingentlmeinclubhouse',�0%retluction2009
GolfCOUise-O�herlmprovemenle 834,�3� 834,�3� (83,500) 5��,23� 420,000 28,32� AOAecceseloclubhouse',britlgeentlreleiningwallrepeiis(�0%retluctionin2009)
OobeonlceArene 98,908 38,943 59,983 �,085,993 �,085,993 (��0,000) 9�5,993 38,948 �,�88 09ROOfenticenlraleirrepeir',ou�eryeeislightingentllockerroome(�0%retluctionin2009)
FoNPeiklTennieCen�erlmpmvemenle �8,800 �8,800 82,000 ��5,988 ��5,988 ��5,988 848,0�9 9,505 Z009'.OeferconlinuetlrefurbiehingofFOrtlPerk�enniecourteb20�0($82K),20�0'.welkweys&restroommof
perleaseagreemenl', tlelayetlhom2008tluebparkmas�erplanning
Alhletic Fieltle 20,280 20,280 (2,000) �8,280 3,094 09 irtigetion eyelem','�2 esphett overley of perking lol 0% retluction in 2009)
Voulh Services 164,983 164,983 164,983 09 AOA access antl furnaces
GymnesticeCenler 29,8�� �,338 28,2�3 30,82� 30,82� 3,000 2�,82� 25,000 09releiningwalls','�Omechenicelimprovemenle(�0%retluclionin2009)
Total VRO-Managetl Facility Projecis 20],31] 5],081 150,236 5,989,819 5,989,819 (399,500) 5,590,319 1,3]1,854 181,102
TotalE�cpentltlures 12,668,545 4,2]0,685 8,39],560 9,0]1,9]0 2,9]2,108 12,041,0]S 99A50 12,143,528 13,009,8]2 8,110,E42
RevenueOVer(Untler�Expentlitures (4,839p81) 5,518,993 10}SSp]4 (2,151,145) (2,820,150) (4,9]1,295) (2,960,92]) (],932,222) (],]51,246) (3,]12,026)
BeginningFUntlBelence ��,�89,2�3 ��,�89,2�3 8,929,�9� �0,358,4�4 ��,288,288 ��,288,288 9,358,094 �,804,�98
Entling Funtl Balance 6,929,]92 1],288,266 10,358A�< $<,]]S,E46 ],538,3TA 12,316,9]i 9,356,094 1,604,]98 2,10],228
G� I(�:'fl[l�
-io-
(�-I-10
TOWN OF VAIL 2009 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
2009
2008 2008 Variance 2009 2nd 2009 3rd Proposed 2010 2011
Amended Ac[ual Fav/�Unfav) Budget Supplemental Amended Supplemen[al Amended Forecas[ Forecast Comments
Rev
E911 BoardRevenue 607.183 607.183 657.015 657.015 31.903 688.918 733.360 798.360 Za�011atwith2009othe�thanadd'IFTC'.20���.5'%
se plus 1 add'I �TC
Intera3encyGharges 1.050.439 1A50.439 1.157.497 1.157.497 1.157.497 1.158.288 1.175.662 20�O
Town of Vail Interagency Charge 535.657 533.164 (2.493) 543.072 543.072 543.072 540.378 548.484 20�0 flatwilh 2009�, 20�� S�� �increase
Eamings on Investments 12.000 18.763 6.763 12.142 12.142 (7.142) 5.000 5.000 10.000 09 Based on .S% o� lund 6alance'. Ilat'�0'. 1%�'��
Other 7.500 7.500 69.750 69.750 69.750
Total Revenue 2,205.279 2,217.049 11,770 2,369.726 69,750 2.439.476 24.761 2,464,237 2,437,026 2,532,506
Expendi[ures
2009'. Clim�inaLion ol2% merit. add �T� lunded by
Salaries&Benefits 1.606.676 1.588.183 18,493 1.732.699 (11A00) 1.721.699 31.903 1,753.602 1.904226 1.934.493 E9�1(�Y2olyear)�.20�0'.O�,inent,add�FTClunded
by C9�'I�. 20��'. 3'%: meril
Opereting. Maintenance Gonhacts 478.511 459.767 18.744 499.535 499.535 499.535 512233 519.916 �lat with 20�0�. �.5 inlla�on 20�'I
GapitalOutlay 142.000 50.121 91.879 135.000 69.750 204.750 (80.000) 124.750 50.000 50.000 2009�.GopLinklund�ingnotneededforpro]ect
Total Expendi[ures 2,227,187 2,098,071 129,116 2,367.234 58.750 2.425.984 (48.097) 2,377,887 2,466.459 2,504.409
Revenue Over (Under) Expenditures (21,908) 118.978 140,886 2,492 11,000 13.492 72.858 86.350 (29.433) 28.096
Transfer to Capital Projects Fund (75.000) (75.000)
Beginning Fund Balance 918.366 918.366 821.458 140.886 962.344 962.344 1 A48.694 1.019261
Ending Fund Balance I$ 821.458 962,344 140.886 823.950 151,886 975.836 72.858 1.048.694 1.019.261 1.047.357
County lo supplement lor FTE (6eq�inning in 2009J =$30K 2009. 565K �in 20'10 and add'I �TC �in 20�'I
�i/ �i!�(I()�)
TOWN OF VAIL 2009 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCECENTERFUND
2008 2009
Amended 2008 Variance 2009 3rd Proposed
Budget Actual Fav I(Unfav) Budget Supplemental Amended Comments
Revenue
Tazes
Sales Tax
Publlc AccomodaCions Tax
Penaltles and Interest on Dellnquent Taxes
Subtotal Taxes
Other
Earningsonlnveshnents 225,000 218.193 (6.807) 235,000 (189.000) 46.000 Basedon.5%offundbalance
Total Revenue 225.000 218,193 (6.807) 235.000 (189.000) 46.000
Ezpenditures General Governmen[
ManagementFee
General Supplles and meetings
Capital Outlay
Total Ezpenditures
Revenue Over (Under) Ezpenditures 225.000 218.193 (6.807) 235.000 (189.000) 46.000
Beginning Fund Balance 9.046.2£33 9.046283 9271.283 (6.807) 9264.476 AdjustPund balance to actual
Ending Fund Balance 5 9,277,283 S 9264.4�6 S (6.807) 3 9.506283 5 (195.807) S 9,310.476
12-
(�!IGi?009
6-I-12
TOWN OF VAIL 2009 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2008 Proposed
Amended 2008 Variance 2009 1st Ammended 3rd Ammended 2010 2011
Budge[ Ac[ual Fav I (Unfav) Budget Supplemental 2009 Supplemental 2009 Forecas[ Forecas[ Commen[s
Reve
7own of Vail Interagency Gharge 2.951.828 3.067.497 115.669 2.910.595 (117D00) 2.793.595 (89.709) 2.703.886 3.042.000 3.173.000
Insurance Reimbursements Other 59.857 111.337 51.480 38.800 38.800 38.800 39.800 40.800
Eem�ings on Investments 45.000 41.169 (3.831 37.000 37.000 (29.000) 8.000 10.298 20.596 Based on .5°�� ol fund balance
Equlpment5alesandTrade-ins 133.530 77.964 (55.566) 79.880 79.880 79.880 120225 319.030 09.5%,'�011at','�11%reWrn
Total Revenue 3.190.215 3.297.967 107.752 3.066275 (117.000) 2,949.275 (118.709) Z830.566 3.212323 3.553.426
Expendi[ures
Salaries Benefits 970.593 899.228 71,365 1.010.532 (42.000) 968,532 (25,909) 942.623 960,000 975.000 2009�. Climinale 2'% merit. schedule changes
2009�. �uel reduced SSOK'. B'I3.8K olher
Operating. Maintenance Contracts 1.413.721 1.424.612 (10.891) 1.294.625 (75.000) 1219.625 (63.800) 1.155.825 1.348.900 1.369.134 operaGOns
Capital OuHay 923.456 640.907 282.549 740.500 740.500 740.500 903.950 1209.000 Based on onginal5-year budget
Tot�l Expenditures 3.307.770 2.964.747 343.023 3.045.657 (117.000) 2.928.657 (89.709) 2.838.948 3.212.850 3.553.134
Revenue Over (Under) Expenditures (117.555) 333.220 450.775 20.618 20.618 (29.000) (8.382) (527) 293
Beg�inning Fund Balance 1.734.787 1.734.787 1.617232 1,617.232 450.775 2.068.007 2.059.625 2059.098 Adjust fund balance to actual
Ending Fund Balance 1.617.232 2.068.007 450.775 1.637.850 1.637,850 2.059.625 2.059.098 2.059.391
13-
�i/ �i!�(I()�)
6-�-�3
ORDINANCE NO. 14
SERIES OF 2009
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
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 SAID ADJUSTMENTS AS SET
FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
25, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund 1,202,515
Capital Projects Fund 629,866
Real Estate Transfer Tax Fund 99,450
Total 1,931,831
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the 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.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
Ordinance No. 14, Series of 2009
6/ 16/2009
6-1-14
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town 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 proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 16th day of June, 2009, and a public hearing shall be held on this Ordinance
on the 7th day of July, 2009, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 14, Series of 2009
6/ 16/2009
6-1-IS
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. 16, Series of 2009, on first reading.
BACKGROUND: The crime of possession of drug paraphernalia within the Town of Vail is of
some 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.
16, Series of 2009, on first reading.
ATTAC H M ENTS
Ordinance No. 16, Series of 2009
6/16/2009
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
6/16/2009
7 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
6/16/2009
7-1-2
(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
6/16/2009
7-1-3
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 ENTS
Resolution No. 18, Series of 2009
6/16/2009
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.
IL 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
III. 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
6/16/2009
8-1 1
Attachmcnt 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 "CounciP') 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
6/16/2009
8-1-2
Special Business Promotion Permit Guidelines
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Purpose: A Special Busiiless Proinotion Pei provides an opportunity for an individual business to hold a
promotional event extending beyond the interior premises of the business location that provides additional
activities beyond day-to-day business. Outdoor sales of goods aloile are not eligible for a special business
promotion permit.
Who Can Apply? Any business that holds a current Town of Vail Business License whose physical address is
located within oile of the cornlnercial and business districts in the Town of Vail, as outlined iil Chapter 12-7, Vail
Town Code. For questions or to schedule your promotion contact: specialevents@vailgov.com
Conditions:
1. Additional Activities: The event inust have activities that are not part of everyday business activities of the business
and/or that bcnefit a local charitablc organization. The activities should add vitality to the exterior of the business and
provide activities for the general public. Examples include providing entcrtainment such as musicians and artists, and
providing frcc samples and givcaways. Outdoor display of goods is encouraged, but does not constitutc "additional
activitics."
2. Location: The event must 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 eveilt pennit area durulg the special
event. Businesses that want to participatc in a spccial event should contact thc event promotcr dircctly to bc added to
the special event permit.
3. Permits Per SBPP Zone: 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. Permits Per Business: �ach business may be issued up to four SBPP per calendar year, with at least tlurty days between
the end date of a pei7nit and the start date of the next permit.
5. Dates Restricted: SBPP will ilot be issued for events occuning d��riiig the following dates: July 3-6, 2009; Dec. 25, 2009-
Jan 1, 2010; Feb 12-22, 2010 and July 2-5, 2010; Dec 25, 2010-Jan 1, 2011; Feb 11-21, 2011 and July 2-5, 2011; Dcc 25,
2011-Jan 1, 2012; Fcb 10-20, 2012.
6. Lcngth of cvent: The event may not exceed 72 contiguous hours.
7. I oise and Lighting: The event must comply with noise and lighting regulations within the Vail Town Code.
8. Signage: ln addition to allowed signage per Title 11, Sign Regulations, the event is pennitted 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 block or encroach upon
the required ingress/egress of doorways, wallcways, stairways, and parlcing or loading/delivery spaees.
11. Public Safcty: The event shall not pose any risks to public safety, as determined by the Town of Vail Event Rcview
Committce. The eveiit shall iiot block or encroach upon any fire lane, fire staguig area, and shall maintain a ininimum
distance to fire hydrants of seven (7) feet to side or rear, and fo�uteen (14) feet to the front.
12. Insurance: If any portion of this event will takc placc on Town of Vail property or a public easement, attach Proof
of lnsurancc in thc minimum amount of $1,000,000 naming thc Town of Vail as additional insured.
13. Additional Permits: Additional pennit may be required if:
a. You are serving or selling food. lf so, all Temporary Food �vent Operational Requirements must be adhered ta For more
information contact the Town of Vail Lnvironmental Health Officer at 970 479-2333.
b. Ainplified Sound will be part of your promotion. lf yes, you will need to submit a Town of Vail 1lmplified Sound Penliit
npplication 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 Clerk 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 struct��res will require a Temporary Tent Permit
and a site inspection by a member of the Vail Fue Deparnnent.
6/16/2009
SBPP Applicatioil Resolution N�._ �B�Series of 2009: Exhibit A Revised: 6/4/09
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SBPP Applicatioil Resolution N�._ �B�Series of 2009: Exhibit A Revised: 6/4/09
Special Business Promotion Permit Application
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A S25 non-refundable application fee must accompany this application. nn additional refiuldable deposit may be required,
dependant upon the scope and scale of your activity. Submit Completed Application no less than 3 weeks (21 days) aiid no
inore than six months prior to the requested dates to:
Special �vents Coordinator
75 South Frontage Rd, Vail, CO 81657
Phone: 970 376-2394 or FAX 970 476-7141
�mail address specialeveilts�vailgov.com
BUSII ESS I AME: Phone:
Business Physical Address:
B��siness Mailing Address:
Contact Naine: Cell Phone:
�-mail address:
DATES/TIMES OF THE PROMOTIOI
Set-up: Date Time:
Start: Date Time:
�nd: Date Tiine:
Disinantle Date Tiine:
LOCATIOI Please attach a detailed drawing (8 %z x 11 paper) of the site you wish to use ill�istrating placement of all
tables, signage, canopies, banners, etc.
SCOPE OF ACTIVITIES: Describe in detail the location and scope of the promorion and any activities to be included. List
all types of advertising and/or sampluig to be utilized duruig the promotion.
Will you require additional permits? I O YES
lf yes, please include application for additional perinits.
II SURAI CE: lf any portion of this event will take place on public property or a public casement, attach Proof of
lnsurance in the ininunum amount of S 1,000,000 naining the Town of Vail as additional insured.
Special Promotions Pennits are only for approved activities and time frames. ln order to receive a refund of deposit and avoid
a possible Zoning 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 Instructions:
Approval Signaturc: Date:
Bv Vail Town Clcrk
6/16/2009
SBPP Applicatioil Resolution N�._ 8� Series of 2009: Exhibit A Revised: 6/4/09
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
ATTAC H M ENTS
Resolution No. 19, Series of 2009
Exhibit A Department of Health
6/16/2009
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
6/16/2009
9-1-1
3+'
DEPr1RTMENT OF PUBLIC E-IE��I.TH
r1ND 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: H4OS713HS
PO FFA CPD1000002 BILLING STATEMENTS RECEIVED:
TERM: (�L1�rteT�y
This contract shall be effective upon approval STATUTORY AUTHORITY:
by the State Conttoller, 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('.AI. YEAR
PROCIJREMENTMEIHOI? F'Y 10: $11,787.19 F'Y 13: $11,787.19
Exempt FY 11: $11,787.19 FY 14: $11,787.19
BID/RFP/I.iSTPRICEAGRRF_MF.NTNUMBER: FY 12: $11,787.19
Not Applicable
LAW SPECIFIED VFNDOR STATlIIE PRICE SIRUCNRE
Not Applicable F�ed Pxice
STATE REPRFSENCAT[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 1A (4/04) Pa�e Revised: 4/3/09
9-2-1
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 coordinarion has been accomplished from and
with appropriate agencies. Section 29-1-203, C.R.S., as amended, encourages goverrunents 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.
CDPHE Version 1 A(4/04) Pa�g'� �Z/�€��`�1 Revised: 4/3/09
9-2-2
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, of�icials and employees is controlled and limited by the provisions of Section 24-10-101
etseq., 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. T'he 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
attactunents, 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.
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Contractor certifies that it is qualified to perfor►n such services or provide such deliverables as delineated in this
contract.
7. Legal 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 Prop�. 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
Contractor, 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
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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 procedwes 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.
11. Records Maintenance. Performance Monitorin� 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 complia�ce 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
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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 subgrantees, 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 firtn 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-
perfortnance, 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.
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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 ofthe 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 substantially 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 during 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. Litigation. 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
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"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. The 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, inconect 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 Maj ewe. 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. ChanQes 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
fortn 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 t6e 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 AcY' (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 ali 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 information 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 taaces and income ta�ces 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.
G. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this coniract. 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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f
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
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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
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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
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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
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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 speciTied 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 Gity/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
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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. Year 4, 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
6/16/2009
9-2-22
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 aud 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 cosY' 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
������1 of 4
9-2-23
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, *.**1 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
9-2-24
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
9-2-25
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
9-2-26
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.
b. 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
increased/decreased 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:
(i/1�/a�)`� of 1 Revised 7/21/2008
9-2-27
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6/16/2009
9-2-30
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 aze 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
6/16/2009
9-2-31
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
6/16/2009
9-2-32
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.
Page 1 of 3
6/16/2009
9-2-33
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
Page 2 of 3
6/16/2009
9-2-34
r
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.
Page 3 of 3
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s
6/16/2009
9-2-36
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Information Update.
PRESENTER(S): Pam Brandmeyer
ATTAC H M ENTS
Clean Up Results
6/16/2009
Memorandum
To: Vail Town Council
From: Community Developmeilt William T. Carlson
Date: June 5, 2009
Subject: 2009 Town Clean-Up Day Summaiy
I. PURPOSE
The purpose of this inemo is to provide the Town Council with an update on the annual
clean-up day held oil May 30, 2009. The annual clean-up day has been occurring for
over 30 years in the Town of Vail to clean the Town after the spring melt and promote
greater conununity involvement. The Town has offered $25 donation to a local charity or
group in the name of each volunteer that participates in the Town clean-Lip. This is done
to help support local non-profit organizations willing to help the Town in the ailnual
event.
II. EVEI T OVERVIEW
Total participation: 99 commuiuty volunteers
Estimated amount of garbage collectcd: 75 yards
Clean-Up Day Team: Sean Jennie Koenig, Bill Carlson, Kristen and
Steve Bertuglia, and George Ruther fiom Community Development. A crew
of 4 from Public Worlcs included Art Chaves, Jalce Fresquez, Ross
Mondragon, Aurilo Velasco, and two town buses driven by Rich Matsundaka,
Clinton Davis and Police Code Enforcement staff made the event successful.
Contributors: I�NUT, KDKE, aild JACK Radio Stations ($450), Vail Daily,
Town of Vail Public Worlcs, Town of Vail Commtmity Developinent,
Honeywagon ($807), and Eagle County Landfill.
All Food and Drink was donated by Brian I olan at the Blue Moose Pizza
at thc Arrabcllc.
Total Event Budget: $3,750.00
Total Event Costi: $1,000.00 T-shirts, Radio Ads $450.00, and
charity contribution @2300.00, Honeywagon $807 Total Cost $4,107.
III. I OI -PROFIT DOI ATIOI S
Town of Vail Annual Clean Up
Wednesday May 30, 2009
Non-Profit Donations
CHARITY CONTRIBUTION LIST DONATION
Vail Librar 3 $75
Skating Club of Vail 32 $800
6/16/2009
10-1-1
Foresight Ski Guides 12 $300
Eagle County School District 1 $25
Bright Future Foundation 6 $150
Vail Mountain School 3 $75
Bnai Vail 2 $50
Eagle Valley Alliance for 2 $50
Sustainability
Meet the Wilderness 1 $25
Vail Child Care 1 $25
Shaw Cancer Center 2 $50
ECO Trails 2 $50
Vail Mountain Rescue 2 $50
Eagle County Human Society 6 $150
Salvation Army 4 $100
Vail Valley Foundation 2 $50
Children's Garden of Learning 1 $25
Red Sandstone School (PTA) 6 $150
Gore Range Natural Science School 1 $25
Snowboard Outreach Society 2 $50
Ski Snowboard Club Vail 2 $50
TOTALS 92 $2300
NOTE: Seven volunteers filled out 7
waive but did designate a charity
donation
Total volunteers 99
Town of Vail Staff 12
6/16/2009
10-1-2
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Matters from Mayor Council.
PRESENTER(S): Town Council
6/16/2009
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2009
ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) to discuss the
purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on
specific legal questions; and to determine positions, develop a strategy and instruct
negotiators, Re: Draft agreement amending the Development Agreement with Open
Hospitality Partners ("OHP") pertaining to the proposed redevelopment of the Lionshead
Parking Structure (20 min.); 2) C.R.S. 24-6-402(4)(b) to receive legal advice on specific
legal questions; Re: pending litigation, Danielle Marie Trujillo v. Two Rivers Drug Enforcement
Task Force (TRIDENT), et al. (5 min.); and 3) C.R.S. 24-6-402(4)(b) to receive legal advice
on specific legal questions regarding potential conflict between Town Charter provisions and
state law concerning terms and term limits for elected officials (20 min.)(Total Executive
Session Time scheduled 45 Min.)
PRESENTER(S): Matt Mire
6/16/2009