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Home My WebLink About2015-09-15 Agenda and Supporing Documentation Regular MeetingNOTE: VAIL TOWN COUNCIL 0� REGULAR MEETING AGENDA TVWN OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., SEPTEMBER 15, 2015 Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM/TOPIC: Citizen Participation (10 min. ) 2. ITEM/TOPIC: Consent Agenda: 1) Minutes from August 4, 2015 regular meeting 2) Minutes from August 18 , 2015 regular meeting 3) Appointment of 2015 Town of Vail Regular Municipal At -The -Poll Election Judges 4) Award of S20 Contract 5) Resolution No. 26, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Revenue, Division of Motor Vehicles Regarding CDL Driver Testing; and Setting Forth Details in Regard Thereto 6) Resolution No. 27, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Public Safety, Division of Fire Prevention and Control Regarding Utilizing Vail Fire and Emergency Services Staffing; and Setting Forth Details in Regard Thereto 7) Resolution No. 28, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Design of the Gore Valley Trail at Dowd Junction Repair Project; and Setting Forth Details in Regard Thereto 8) Resolution No. 29, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Eagle River Water and Sanitation District; and Setting Forth Details in Regard Thereto 9) Resolution No. 30, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Vail Resorts; and Setting Forth Details in Regard Thereto (5 min. ) 3. ITEM/TOPIC: Town Manager's Report (5 min. ) 4• ITEM/TOPIC: Second Reading Ordinance No. 11, Series of 2015, Write-in Candidate Affidavit (5 min. ) PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 11, Series of 2015, on second reading. 9/15/2015 BACKGROUND: Ordinance No. 11, Series of 2015, sets forth that a write-in candidate must submit an affidavit of intent with the Town Clerk's Office at least 21 days before the municipal election in order for votes to be counted. The ordinance helps create clarity and context for the election official in counting write-in candidate votes. 5. ITEM/TOPIC: Ordinance No. 12, Series of 2015, an Ordinance Amending Section 14-10-7 of the Vail Town Code, regarding Outdoor Lights (30 Minutes) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, or Deny Ordinance No. 12, Series of 2015 on first reading. BACKGROUND: On July 21, 2015, the Vail Town Council held a worksession to discuss the Town's adopted policies and regulations with regard to decorative holiday lights. More, specifically, the Town Council has received complaints that the current policies and regulations, as adopted, may not be adequate to ensure that the goals and objectives of the Town with regard to decorative holiday lights are being achieved. As a result of the worksession, the Vail Town Council instructed staff to prepare an amending ordinance for the Town Council's consideration. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission's recommendation will be forwarded to the Vail Town Council during the presentation of the proposed ordinance at the public hearing on September 15th. 6. ITEM/TOPIC: First Reading of Ordinance No. 13, Series 2015: Columbine Drive Right of Way Land Transfer (5 min) PRESENTER(S): Tom Kassmel, Public Works Engineer ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 13, Series 2015 BACKGROUND: A Portion of Columbine Drive currently encroaches on Lot 14 of the Bighorn Subdivision. The property is currently undergoing redevelopment. In order to rectify the encroachment, the property owner and staff have discussed a land transfer, where the Town would receive the portion of property that Columbine Drive encroaches upon and the property owner would receive an equal portion of property along Lupine Drive also adjacent to Lot 14. STAFF RECOMMENDATION: Approve Ordinance No. 13, Series 2015 7. ITEM/TOPIC: Adjournment ( 7:00 p.m.) 9/15/2015 Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 9/15/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: Citizen Participation 9/15/2015 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: Consent Agenda: 1) Minutes from August 4, 2015 regular meeting 2) Minutes from August 18 , 2015 regular meeting 3) Appointment of 2015 Town of Vail Regular Municipal At -The -Poll Election Judges 4) Award of S20 Contract 5) Resolution No. 26, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Revenue, Division of Motor Vehicles Regarding CDL Driver Testing; and Setting Forth Details in Regard Thereto 6) Resolution No. 27, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Public Safety, Division of Fire Prevention and Control Regarding Utilizing Vail Fire and Emergency Services Staffing; and Setting Forth Details in Regard Thereto 7) Resolution No. 28, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Design of the Gore Valley Trail at Dowd Junction Repair Project; and Setting Forth Details in Regard Thereto 8) Resolution No. 29, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Eagle River Water and Sanitation District; and Setting Forth Details in Regard Thereto 9) Resolution No. 30, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Vail Resorts; and Setting Forth Details in Regard Thereto ATTACHMENTS: Minutes from August 4, 2015 meeting Minutes from August 18, 2015 meeting Appointment of Election Judges Memorandum S20Contract Award Memorandum Resolution No. 26, Series of 2015 Reolution No. 27, Series of 2015 Resolution No. 28, Series of 2015 Resolution No. 29, Series of 2015 Resolution No. 30, Series of 2015 9/15/2015 Vail Town Council Meeting Minutes Tuesday, August 4, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation and several residents were present to speak as follows: Bravo! Vail representatives Jeanne Reid -White and Anne -Marie McDermott expressed thanks and appreciation to Town Council and Town of Vail for their very successful season and support of the Bravo! Vail during the last 28 years, with record ticket sales and attendance. Anne -Marie McDermott spoke about next year's calendar which will include a commitment from London's Academy of St. Martins in the Fields, a group formed by Sir Neville Marriner in 1958. In addition, there are continued commitments from the Dallas Symphony, the Philadelphia Orchestra, and the New York Philharmonic, as well as several world-renowned chamber music artists. Stephen Connelly, resident, spoke about numerous topics including the skatepark, marijuana, town survey, golf course project, consolidate the town's marketing efforts with only one group. The second item on the agenda was a presentation of awards given to Town of Vail and select employees on behalf of the Colorado Intergovernmental Risk Sharing Agency (CIRSA, a pool of about 250 local governments and agencies that provides for property and liability insurance coverage): 1. Town of Vail Safety Committee was awarded the "CIRSA Safety Champion" Several reasons were noted as the basis for this recognition such as 1) Increasing the ADDs throughout town facilities and outside at weather proof facilities, 2) compliance with numerous kinds of trainings, 3) improved trends related to workers compensation claims, 4) the compliance with fire drill trainings, 5) the creation of an interactive map to help identify liability and risk areas of incidents , 6) a preventable free incidents during the world alpine championships which was noted as highly commendable for such a large special event. Lori Acker accepted on behalf of the Safety Committee. Town Council Meeting Minutes of August 4, 2015 Page 1 9/15/2015 2. Charlie Turnbull was awarded the CIRSA Safety Manager of the Year There were many notable comments from colleagues and event promoter that contributed to the nomination and selection of the town's Public Works Superintendent. Mayor Daly offered several comments about the town's excellent safety program, a result of their leadership; he expressed the town council's appreciation to all employees for their efforts and congratulated both Lori and Charlie for continuing to ensure Vail is a safe place to work and live! The third item on the agenda was the Consent Agenda: 1) Vail Skate park Public Art Contract Award Daly asked about the funding the art at the amount of $100K. Al PP board member, Kathy Langenwalter, spoke about the location of the artwork which included four mosaic murals which would be visible by all traveling through the parking structure top deck as well as visible at the lower levels, she noted an excellent location for public art. Moffet authorized the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Valerie Theberge to create and install four unique mosaic murals at the Vail Skatepark as approved by the Art in Public Places Board in the amount not to exceed $100,000. The motion passed six to one (6-1). The fourth item on the agenda was the any action as a result of executive session; no actions were made. The fifth item on the agenda was Town Manager's Report 1) Municipal Parking Lot/South Frontage Road Update George Ruther, Director of Community Development, presented an update about this construction project (which is happening as a result of the Vail Valley Medical Center expansion project) with a review of a site diagram. He noted construction would occur from September through October and would help with a change in traffic flow, grades and result in improved safety on the South Frontage Road with the alignment of driveways for both the municipal building and the hospital. There would be no loss of parking spaces (54 total) once the project was completed. The lot would remain open to the public during construction. 2) Golf Course Grill Patio Design Update Stan Zemler, Town Manager, presented an update on this topic noting weekly construction meetings have been held to discuss concerns and issues. He noted some changes were made to the clubhouse patio area because of concerns with the design of the northeast corner of the deck; the views of the Gore Range and the 18th green were not disturbed. 3) August 5, 2015 Vail Fire Department Exercise Fire Chief Mark Novak presented a brief explanation about the upcoming Wildland fire emergency and evacuation exercise encouraging residents in the Potato Patch area to participate. The full scale exercise would present an opportunity to implement the emergency operations and evacuation program with assistance from town departments and area agencies. 4) August 11, 2015 Community Picnic at Donovan Pavilion A reminder was given about the next community picnic referenced above. 5) October 2015 Whistler Visit Update It was noted that a delegation from the Resort Municipality of Whistler will be visiting Colorado in October with a stop in Vail for a tour and meet with Vail Town Council on October 14; members Town Council Meeting Minutes of August 4, 2015 Page 2 9/15/2015 from Whistler visiting include Chief Administrative Office, 7 Council Members, Chamber CEO, Economic Development Officer to name a few. The sixth item on the agenda was a presentation of Final Design Concept for Booth Creek Park as presented by Todd Oppenheimer, Capital Project Manager/Landscape Architect. He noted the Town Council last reviewed the proposed list of park amenities for Booth Creek Park on September 2, 2014. At that time Council approved the recommended Design Program for the park and directed staff to continue to refine the park design. There was a review of the park elements listed below: • 1 Double, Hard Surface Tennis Court • 2700 sq. ft. Custom Playground • 7900 sq. ft. Primary Lawn Area • 2 Stall Restroom with Drinking Fountain • Picnic shelter • Picnic Table, Benches and Bike Racks • Low Level Path lighting • 11 Parallel Parking spaces • Landscape Berm along Frontage Road He also reviewed some of the final proposed design program components, some of which included natural areas, parallel and head in ADA parking, looped paved path using the existing bike path, open turf grass area as a significant design element of the park, double, hard -surface, post tensioned concrete tennis court, playground with natural elements and artistic components, public restroom, 2 -stall, 3 season, accessible and sensitive to the, natural setting, and picnic shelter for 2 to 3 picnic tables. Council input was heard at this time with some comments addressing the artistic elements of the park as well as parking and lighting questions. It was noted the community input and kid's input would be sought after for designing the playground in hopes of using creativity and artistic elements. Public input was also heard as follows: Robin Birch, resident, requested a review of some beautification landscaping to be included in the berm in front of the Vail Mountain School. It was noted some of the land was CDOT owned. She suggested lighting be used along the paths for kids in the area. Diana Hermansky, expressed concerns about the lighting and hopes the dark sky ordinance will be complied with when implementing the lighting for the park. Bert Hermansky, resident, expressed concern about parking and lighting impacts as well as rest room hours. Pam Stenmark, resident, thanked everyone for their work on the park noting her comfort level with the design and suggesting her preference for soft surfaces in the park and minimum lighting. After further discussion about lighting, park surfaces and parking, there was support to include timers on the lights in order to meet the needs of those using the bike paths and those preferring night light compliance. Overall the town council supported the final proposed design concept for the Booth Creek Park project as presented and supported staff to take the next steps identified below: 1. Draft RFP for Design Services 2. Proceed through PEC and DRB Approval Process. 3. Prepare Construction Documents and Competitively Bid Project 4. Begin Construction Spring 2016. Town Council Meeting Minutes of August 4, 2015 Page 3 9/15/2015 The seventh item on the agenda was Ordinance No. 10, Series of 2015, An Ordinance Prohibiting Marijuana Establishments in Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution. The Town placed a moratorium on allowing for marijuana establishments since January 19, 2010, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance. Town Attorney Matt Mire noted the Ordinance did not change from first reading, spoke about state legislation and impacts on the municipalities, and noted a review would be included every 3 years. Bugby moved to approve Ordinance No. 10, Series of 2015 on second reading. Kurz seconded the motion. Moffet expressed the legislation is redundant and duplicative to the land use code which would not support allowing for that particular land use in Vail; he noted he would support the effort if it were a proclamation and not an ordinance. Public input was heard and Pam Stenmark, resident, thanked the council for preserving the Town of Vail's image with the passage of the legislation. Bob Armour, resident, also thanked them for their action with the ordinance and keeping the Vail Brand! The motion passed (6-1). The eighth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7:30 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of August 4, 2015 Page 4 9/15/2015 Vail Town Council Meeting Minutes Tuesday, August 18, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was recognition of Vail Police Department's Professional Standards Compliance Accreditation presented by Bob Ticer, Avon Police Chief and past President of Colorado Association of Chiefs of Police. Chief Ticer presented the award with an explanation of the accreditation program and the standards achieved as those that are most highly noted by the law enforcement community. He noted that in fact it was a re -accreditation for the Vail Police Department since they have been through the process numerous times over the years. Mayor Daly and Town Council members congratulated the Vail Police Department and Chief Henninger. The second item on the agenda was Citizen Participation with comments as follows: Martha Brassel, Vail Valley Foundation, expressed appreciation on behalf of VVF and the International Dance Festival to the Town Council and Town of Vail for their support in this programming. She noted they finished their 27th annual dance festival at the Gerald R. Ford Amphitheater with outstanding accolades from many in the community and as well nationally, with the recent New York Times article. She spoke about the "community evening" dance performance as a very successful evening which would not be possible without Town of Vail's financial support. Rogers noted the Friday evening show on August as one of the best performances in the history of the dance festival. The third item on the agenda was the Consent Agenda: 1. Minutes from July 7, 2015 regular meeting Moffet moved to approve the July 7 minutes; Bugby and Kurz seconded the motion and it was approved unanimously (7-0). 2. Minutes from July 17, 2015 special meeting Rogers moved to approve the July 17 minutes; Kurz seconded the motion and it passed (6-0; Moffet abstained). Town Council Meeting Minutes of August 18, 2015 Page 1 9/15/2015 3. Minutes from July 21, 2015 regular meeting Moffet moved to approve July 21 minutes; Bugby seconded the motion and it passed unanimously (7-0). 4. Resolution No. 24, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Future Maintenance of the 1-70 Vail Underpass; and Setting Forth Details in Regard Thereto There were two concerns noted by Daly about the agreement as follows: 1) the term language in the agreement is "in perpetuity", and 2) the commitment to provide for graffiti removal on the bridges. Tom Kassmel responded to the concerns noting that neither items are negotiable with CDOT as these are required clauses in their agreements. Moffet moved to approve Resolution No. 24, Series of 2015; Kurz and Bugby seconded the motion and it passed unanimously (7-0). 5. Award Architect Services for Vail's Fire Station 1 Remodel Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Pierce Architects to complete phases I and II for a cost of $19,000 dollars. Kurz seconded the motion and it passed unanimously (7-0). 6. Town of Vail Way finding and Signage Contract Award Moffet moved to direct the Town Manager to enter into a contract with Arapahoe Sign Arts in an amount not to exceed $129,272; Kurz seconded the motion and it passed unanimously (7-0). The fourth item on the agenda was the any action as a result of executive session; no actions were taken. The fifth item on the agenda was the Town Manager's Report who noted the back to school ice cream social at Red Sandstone Elementary School was taking place the following day and all members were invited to attend. The sixth item on the agenda was an invitation by Town Council for the public to join them at the Crazy Mountain Brewery's Hot Summer Nights free concert at the Gerald R. Ford Amphitheater featuring the Dirty Dozen Brass Band at The seventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 6:20 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of August 18, 2015 Page 2 9/15/2015 TOWN OrF Memorandum To: Vail Town Council From: Patty McKenny, Town Clerk and Election Official Date: September 15, 2015 Subject: Appointment of Regular Municipal Election Judges The Municipal Election Code states the governing body shall appoint the judges of election (C.R.S. §31-10-401). Please review the Town Clerk's list of eight suggestions for prospective appointees as election judges (both at -the -poll and absentee judges) for the Regular Municipal Election to be held Tuesday, November 3, 2015, all of whom are registered electors: Vi Brown — Supply Judge 556 Cortina Lane Vail, CO. 81658 Summer Holm 1858 West Gore Creek Drive Vail, CO. 81657 Mary Ann Best 115 Lupine Lane Leadville, CO. 80461 Pam Brandmeyer 0633 Lariat Loop Edwards, CO. 81632 Holiday Cole 2084 Zermatt Lane, Unit C Vail, CO. 81657 Carol McKown 2092 Zermatt Lane, #D Vail, CO. 81657 Earl Best 115 Lupine Lane Leadville, CO. 80461 Katherine Schmidt 90 W. Double Hitch Eagle, CO. 81631 We plan to also enlist the help and assistance of the following town staff to assist with any and all aspects of the election as well: Tammy Nagel Deputy Clerk/Legal Assistant Shelley Bellm Community Development Secretary Meryl Jacobs Administrative Assistant Lynne Campbell Community Development Office Manager We request your approval of this list to serve as election judges for the upcoming November election. Thank you for your consideration. 9/15/2015 0) TOWN OF VAIL' Memorandum To: Town Council From: Public Works Department Date: 9-15-15 Subject: S2O Contract Award I. SUMMARY The Town of Vail and the Eagle River Water and Sanitation District (ERWSD) are in need of a long term repair to the Gore Valley Trail in Dowd Junction. The existing rock retaining wall that supports both the Gore Valley Trail and the ERWSD sanitary sewer trunk line main is being undermined. The Town and ERWSD jointly issued a Request for Proposals in August for the design of this repair. We received two proposals, S2O Design Engineering and Martin/Martin Consulting Engineers. After a thorough review of the proposals, both Town and ERWSD staff recommend awarding the design contract to S2O, in the amount of $61,250. The design costs will be split between the Town and ERWSD (50/50) through an Intergovernmental Agreement, with the Town contracting directly with S2O Design Engineers, and ERWSD providing cost reimbursement. Once a final design is selected, a separate IGA will be entered into for the cost share of the construction costs. II. BACKGROUND The Town of Vail operates and maintains the Gore Valley Trail (GVT) which runs through Dowd Junction along 1-70 and continues through Vail to East Vail. Eagle River Water and Sanitation District (ERWSD) owns and maintains the sanitary sewer main beneath the Gore Valley Trail in Dowd Junction. The GVT runs through Dowd Junction constrained on each side by Gore Creek and 1-70. In many areas the GVT is supported by a vertical dry stacked rock retaining wall directly adjacent to Gore Creek with steep embankment slopes running up to 1-70 on the opposite side. The majority of these retaining walls were built almost 20 years ago. In 2010 (See 2010 photos attached), Gore Creek experienced a spring snowmelt run-off equivalent to the 100 year flow causing flood damage throughout Town. One area of significant concern was a failure of a small portion of this GVT retaining wall, which damaged and closed the GVT and exposed the sanitary sewer main just a few feet from Gore Creek. A temporary repair was completed by rebuilding and grouting the retaining wall. Since that time Gore Creek has undermined the boulder wall once again and caused subsidence in the gravel 9/15/2015 shoulder of the GVT (See attached 2015 photo attached). Failure of the retaining wall in the area is again eminent without repair. The Town of Vail and ERWSD will provide a second temporary repair this fall with the intention of completing a long term repair within the next 12-18 months. This design project will address all aspects of the design of a long term repair. The design shall address the long term needs of both the GVT and the sanitary sewer main that runs beneath it. Assuming a final design is selected and approved within the next 6-8 months, the Town and ERWSD will jointly fund the construction of the approved design next fall. III. STAFF RECOMMENDATION Staff recommends awarding the design contract to S2O Design Engineers in the amount of $61,250. Town of Vail Page 2 9/15/2015 Dowd Junction Path Damage 1 Dowd Junction Path Damage (Same Location) 2010 PHOTOS Town of Vail Page 3 9/15/2015 14�4W,.�, s- AW 2015 PHOTO Town of Vail Page 4 9/15/2015 RESOLUTION NO. 26 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES REGARDING CDL DRIVER TESTING; 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Colorado Department of Revenue, Division of Motor Vehicles ("DOR") desires to authorize the Town to administer and provide CDL testing on behalf of DOR; WHEREAS, the Council's approval of Resolution No. 2 6, Series 2015, is required to enter into the IGA. NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with DOR on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 15th day of September, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 26, Series of 2015 9/15/2015 Routing # TAA 16/83169 STATE OF COLORADO Colorado Department of Revenue Division of Motor Vehicles Inter -Governmental CDL Driver Testing Agreement with Town of Vail TABLE OF CONTENTS 1. PARTIES...................................................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.......................................................................................... 1 3. RECITALS....................................................................................................................................................................1 4. DEFINITIONS.............................................................................................................................................................. 2 5. TERM........................................................................................................................................................................... 2 6. STATEMENT OF WORK............................................................................................................................................ 3 7. NO COST AGREEMENT............................................................................................................................................ 3 8. REPORTING — NOTIFICATION................................................................................................................................ 3 9. CONTRACTOR RECORDS........................................................................................................................................ 4 10. CONFIDENTIAL INFORMATION -STATE RECORDS............................................................................................ 5 11. REPRESENTATIONS AND WARRANTIES............................................................................................................. 5 12. SURETY BONDS......................................................................................................................................................... 6 13. INSURANCE................................................................................................................................................................ 6 14. BREACH...................................................................................................................................................................... 8 16. REMEDIES...................................................................................................................................................................8 17. NOTICES and REPRESENTATIVES.......................................................................................................................... 9 18. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE................................................................... 10 19. GOVERNMENTAL IMMUNITY.............................................................................................................................. 10 20. GENERAL PROVISIONS.......................................................................................................................................... 10 21. COLORADO SPECIAL PROVISIONS..................................................................................................................... 12 22. SIGNATURE PAGE................................................................................................................................................... 15 EXHIBIT A — STATEMENT OF WORK........................................................................................................................... 1 EXHIBIT B — OPTION RENEWAL LETTER................................................................................................................... 1 1. PARTIES This Agreement ("Agreement") is entered into by and between Town of Vail ("Contractor"), and the STATE OF COLORADO acting by and through the Colorado Department of Revenue, Division of Motor Vehicles, Driver Testing and Education ("DOR", "DMV" or "State"). Contractor and the State hereby agree to the following terms and conditions. 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by DOR (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, and Approval Authority to enter into this Agreement exists in CRS §24-35-105. Authority to certify appropriate third parties to test and train applicants for licensing exists in CRS §42-2-111(1)(b). Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration 9/15/2015 Routing # TAA 16/83169 The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. C. Purpose The State desires to authorize Contractor to administer and provide CDL testing on behalf of the State as provided in I CCR 204-30 Rule 7 as currently written or hereafter amended. D. References All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms shall have the meanings ascribed to them below. Capitalized terms used in this Agreement but not defined shall have the meanings ascribed to them in I CCR 204-30 as currently written or hereafter amended. CDL Driving Skills Tester: A person licensed by the State under the provisions of CRS §42-2407 to administer CDL Skills Test. CDL Testing Unit or Testing Unit: Either a business, association, or governmental entity licensed by the State under the provisions of CRS §42-2-407 to administer CDL Skills Test. Commercial Driver's License or CDL : A license issued to an individual in accordance with the requirements of the federal Commercial Motor Vehicle Safety Act of 1986 and State laws, rules and regulations, including CRS § 42-2-401 et seq., as currently written or hereafter amended. A card issued by the State which entitles the holder while having such document in his or her immediate possession, to drive a motor vehicle of certain classes and endorsements upon the highways without supervision. Agreement: This base document and all exhibits, attachments, and amendments. Goods: A tangible material acquired, produced, or delivered by Contractor either separately or in conjunction with the Services; Party or Parties: "Party" means the State or Contractor and "Parties" means both the State and Contractor. Renewal Term - The extension of the Initial Term pursuant to an Option Letter as provided in S.C.§ Services: The required services to be performed by Contractor pursuant to this Agreement. Work: The tasks and activities Contractor is required to perform to fulfill its obligations under this Agreement, Exhibit A, and I CCR 204-30 Rule 7, as currently written or hereafter amended, including the performance of the Services and delivery of the Goods. Work Product: The tangible or intangible results of Contractor's Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM A. Initial Term -Work Commencement Performance under this Agreement shall commence on the later of either the Effective Date or August 21, 2015. This Agreement shall terminate on August 20, 2018, unless sooner terminated or further extended as specified elsewhere herein. Notwithstanding anything in this Agreement to the contrary, the license of a Testing Unit may be revoked, canceled or suspended in accordance with I CCR 204-30 Rule 7, including without limitation 7(0), as currently written or hereafter amended. The term of this Agreement is contingent upon the issuance and continuous maintenance of valid licensing of the Testing Unit to provide Services. Absent valid licensing, Contractor may not provide Services. Any loss of license shall be sufficient cause for immediate termination of this Agreement. Permanent loss of license shall immediately terminate this Agreement. B. Two Month Extension 9/15/2015 Routing # TAA 16/83169 The State, at its sole discretion upon written notice to Contractor as provided in §17, may unilaterally extend the term of this Agreement for a period not to exceed two months if the Parties are negotiating a replacement term. The provisions of this Agreement in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two-month extension. The two month extension shall immediately terminate when and if a replacement Agreement is approved and signed by the DOR. C. State's Option to Extend The State, at its sole discretion, may extend the term of this Agreement for a period of two (2) additional one-year renewal periods on the same terms specified in this Agreement. If the State exercises this option, it shall provide written notice to Contractor at least thirty (30) days prior to the end of the current Contract term in form substantially equivalent to Exhibit B. If exercised, the provisions of the Option Letter shall become part of and be incorporated into this Agreement. 6. STATEMENT OF WORK A. Completion Contractor shall complete the Work and its other obligations as described herein and in Exhibit A, Statement of Work, at no cost to the State. B. Goods and Services Contractor shall procure Goods and Services necessary to complete the Work. Such procurement shall be at the expense of the Contractor without compensation from or reimbursement by the State. C. Employees All persons employed by Contractor to perform Work under this Agreement shall be Contractor's employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Agreement. D. Authorization The State hereby authorizes Contractor to provide the Services described herein, in Exhibit A, and I CCR 204-30 Rule 7, as currently written or hereafter amended, in accordance with the terms and subject to the obligations set forth herein and therein. This Agreement incorporates by reference I CCR 204-30 Rule 7. E. Subcontractors Not Permitted The use of subcontractors in the performance of this Agreement is not allowed. Pursuant to CRS §42-2- 407(1) CDL Driving Tests may be performed only by employees of DOR or by CDL Driving Skills Tester(s) employed by licensed CDL Testing Units. F. Within the Boundaries of Colorado Contractor must maintain required licensing in Colorado and certification required by DMV. All testing services provided by Contractor must be conducted within the boundaries of the State of Colorado. 7. NO COST AGREEMENT The State shall have no financial obligations under this Agreement. Contractor shall be solely liable for the costs associated with the implementation or continued operation of this Agreement, including but not limited to post -audit costs, costs of computer hardware, software, services, personnel, networks, State audits, licenses, transportation, mileage, travel, insurance, bonds, or administration. 8. REPORTING — NOTIFICATION Reports, evaluations, and reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State. A. Performance, Progress, Personnel, and Funds The State shall submit an annual audit report to Contractor, containing an evaluation and review of Contractor's performance and status of Contractor's obligations hereunder. Contractor shall comply with all reporting requirements, if any, set forth in Exhibit A and I CCR 204-30 Rule 7, as currently written or hereafter amended. B. Litigation Reporting 9/15/2015 Routing # TAA 16183169 Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Agreement or which may affect Contractor's ability to perform its obligations hereunder, Contractor shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of Colorado Department of Revenue. C. Performance Outside the State of Colorado and/or the United States [Not applicable if Contract Funds include any federal funds) Following the Effective Date, Contractor shall provide written notice to the State, in accordance with §17 (Notices and Representatives), within 20 days of the earlier to occur of Contractor's decision to perform, or its execution of an agreement with a Subcontractor to perform, Services outside the State of Colorado and/or the United States. Such notice shall specify the type of Services to be performed outside the State of Colorado and/or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations. All notices received by the State pursuant to this §8.0 shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Contractor to provide notice to the State under this §8.0 shall constitute a material breach of this Agreement. D. Noncompliance Contractor's failure to provide reports and notify the State in a timely manner in accordance with this §8 constitutes a breach of this Agreement and may result in termination of this Agreement as provided under this Agreement. 9. CONTRACTOR RECORDS A. Maintenance Contractor shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services or Goods hereunder. Contractor shall maintain such records until the last to occur of: (a) a period of three years after the date this Agreement expires or is sooner terminated, or (b) the resolution of any pending Agreement matters, or (c) if an audit is occurring, or Contractor has received notice that an audit is pending, until such audit has been completed and its findings have been resolved (collectively, the "Record Retention Period"). B. Inspection Contractor shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's records related to this Agreement during the Record Retention Period for a period of three years following termination of this Agreement or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Agreement, including any extensions or renewals. If the Work fails to conform to the requirements of this Agreement, the State may require Contractor promptly to bring the Work into conformity with Agreement requirements, at Contractor's sole expense. If the Work cannot be brought into conformance by re -performance or other corrective measures, the State may require Contractor to take necessary action to ensure that future performance conforms to Agreement requirements and exercise the remedies available under this Agreement, at law or in equity, in lieu of or in conjunction with such corrective measures. C. Monitoring Contractor shall permit the State, the Federal Government, and governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Contractor pursuant to the terms of this Agreement using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Contractor's performance hereunder. D. Final Audit Report 9/15/2015 Routing # TAA 16/83169 If an audit is performed on Contractor's records for any fiscal year covering a portion of the term of this Agreement, Contractor shall submit a signed copy of the final audit report to the State or its principal representative at the address specified herein. E. Additional Recording and Auditing Requirements The Contractor shall comply with the recording and auditing requirements described in 1 CCR 204-30 Rule 7, as currently written or hereafter amended, including, without limitation, Rule 7(M). 10. CONFIDENTIAL INFORMATION -STATE RECORDS Contractor shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information includes, but is not necessarily limited to, any state records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24-72- 200.1 et seq. A. Confidentiality Contractor shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Contractor shall be immediately forwarded to the State's principal representative. B. Notification Contractor shall notify its agent, employees and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before permitting them to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Contractor or its agents in anyway, except as authorized by this Agreement or approved in writing by the State. Contractor shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Contractor or its agents, except as permitted in this Agreement or approved in writing by the State. D. Disclosure -Liability Disclosure of State records or other confidential information by Contractor for any reason may be cause for legal action by third parties against Contractor, the State or their respective agents. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to this §10. 11. REPRESENTATIONS AND WARRANTIES Contractor makes the following specific representations and warranties, each of which was relied on by the State in entering into this Agreement. A. Standard and Manner of Performance Contractor shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in Contractor's industry, trade, or profession and in the sequence and manner set forth in this Agreement. Without limitation, Contractor shall comply with all requirements of 1 CCR 204-30 Rule 7, as currently written or hereafter amended, and other applicable provisions and laws. B. Legal Authority — Contractor Signatory Contractor warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, and by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement, or any part thereof, and to bind Contractor to its terms. If requested by the State, Contractor shall provide the State with proof of Contractor's authority to enter into this Agreement within fifteen (15) days of receiving such request. C. Licenses, Permits, Etc. 9/15/2015 Routing # TAA 16/83169 Contractor represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have and maintain, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required by law to perform its obligations hereunder, without reimbursement by the State. Additionally, all employees of Contractor performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. Contractor, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Contractor to properly perform the terms of this Agreement is a material breach by Contractor and constitutes grounds for termination of this Agreement. i. The Contractor shall comply with the licensing requirements described in 1 CCR 204-30 Rule 7, as currently written or hereafter amended. D. Application The information, representations, and warranties set forth in the application for approval or renewal of certification submitted by Contractor to the State remain true and correct as of the Effective Date. 12. SURETY BONDS This Agreement incorporates by reference Code of Federal Regulations, Title 49, Subtitle B, Chapter I, Subchapter C, parts 171 and 172, and Code of Federal Regulations, Title 49, Subtitle B, Chapter III in their current form and as they may be hereafter amended. As an agency of government or Colorado school district that will administer CDL driving tests outside of their unit, Contractor must maintain a bond in the amount of five thousand dollars ($5,000). A surety company authorized to do business with the State must execute the bond. The coverage required hereunder shall be issued by insurance companies satisfactory to Contractor and the State. Such bond must inure to the benefit of the State and shall be in force through the term of the Agreement, including any extensions. A certificate evidencing coverage must be delivered to the State prior to execution of the Agreement and prior to each subsequent renewal. The bond must be for the use and benefit of the State in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional, or negligent conduct of the Testing Unit or its agent(s) or employees(s). If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit cannot test outside their unit. The bond contract shall contain a provision that indicates that any modifications or cancellation of such bond can occur only sixty (60) days after written notice to the State. Failure of Contractor to maintain the required surety bond may result, in the State's sole discretion, in the immediate termination of this Agreement. The bond shall be for the use and benefit of the State in the event of a monetary loss within the limitations of the bond attributable to the willful, intentional, or negligent conduct of Contractor, or its agents or employees. The Contractor shall comply with the bond requirements described in 1 CCR 204-30 Rule 7, as currently written or hereafter amended, including, without limitation, Rule 7(N). A. The bond may be used to indemnify against loss or damage arising out of the Contractor's breach of any contract between the Contractor and a CDL candidate. B. If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the Contractor's certification shall be suspended. The suspension shall continue until satisfactory steps are taken to restore the original amount of the bond. C. The State shall be named as the beneficiary on the bond and the bond must be held in the name of the State. 13. INSURANCE Contractor shall obtain and maintain insurance as specified in this section at all times during the term of this Agreement. All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Contractor and the State. A. Contractor - Public Entities 9/15/2015 Routing # TAA 16/83169 If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et.seq., as amended (the "GIA"), then Contractor shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Contractor shall show proof of such insurance satisfactory to the State, if requested by the State. Contractor shall require each contract with a Subcontractor that is a public entity, to include the insurance requirements necessary to meet such Subcontractor's liabilities under the GIA. ii. Non -Public Entities If Contractor is not a "public entity" within the meaning of the GIA, Contractor shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §14.13 with respect to Subcontractors that are not "public entities". B. Contractors — Subcontractors Contractor shall require each contract with Subcontractors other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Contractor's employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Contractor shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Contractor a certificate or other document satisfactory to Contractor showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit of $1,000,000 each accident combined single limit. iv. Additional Insured The State shall be named as additional insured on all Commercial General Liability and Automobile Liability Insurance policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent) required of Contractor hereunder. v. Primacy of Coverage Coverage required of Contractor shall be primary over any insurance or self-insurance program carried by the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non -renewal without at least thirty (30) days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §17 (Notices and Representatives) within seven days of Contractor's receipt of such notice. vii. Subrogation Waiver All insurance policies in any way related to this Agreement and secured and maintained by Contractor as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Contractor or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Contractor shall provide certificates showing insurance coverage or affidavits of self-insurance required hereunder to the State within seven (7) business days if the State so requests. No later than fifteen (15) days prior to the expiration date of any such coverage, Contractor shall deliver to the State certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during 9/15/2015 Routing # TAA 16/83169 the term of this Agreement, Contractor shall, within ten (10) days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §14. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the State to Contractor in the manner provided in §17 and the State may exercise any of the remedies set forth in §16 or I CCR 204-30 Rule 7, as currently written or hereafter amended. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 16. REMEDIES If Contractor is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §16 in addition to all other remedies set forth in other sections of this Agreement following the notice set forth in §15.8. The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. Without limitation, the State's remedies include those described in this §16 as well as those remedies provided for in I CCR 204-30 Rule 7, as currently written or hereafter amended, including Rule 7(0). A. Termination for Cause and/or Breach The State may terminate this entire Agreement or any part of this Agreement. Exercise by the State of this right shall not be a breach of its obligations hereunder. Contractor shall continue performance of this Agreement to the extent not terminated, if any. I. Obligations and Rights To the extent specified in any termination notice, Contractor shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the State, Contractor shall assign to the State all of Contractor's right, title, and interest under such terminated orders or subcontracts. Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor in which the State has an interest. All materials owned by the State in the possession of Contractor shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Contractor to the State and shall become the State's property. ii. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Agreement by Contractor. Contractor shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Agreement for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Agreement by the State 9/15/2015 Routing # TAA 16/83169 for cause or breach by Contractor, which shall be governed by §15 or as otherwise specifically provided for herein. i. Method and Content The State shall notify Contractor of such termination in accordance with §17. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement. ii. Obligations and Rights Upon receipt of a termination notice, Contractor shall be subject to and comply with the same obligations and rights set forth in §16.A.i. C. Remedies Not Involving Termination The State, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Contractor's performance with respect to all or any portion of this Agreement pending necessary corrective action as specified by the State. Contractor shall promptly cease performance in accordance with the State's directive. ii. Removal Notwithstanding any other provision herein, the State may demand immediate removal of any of Contractor's employees whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued relation to this Agreement is deemed to be contrary to the public interest or the State's best interest. iii. Intellectual Property If Contractor infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, Contractor shall, at the State's option (a) obtain for the State or Contractor the right to use such products and services; (b) replace any Goods, Services, or other product involved with non -infringing products or modify them so that they become non -infringing; or (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 17. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. DMV: State of Colorado/Department of Revenue Driver's License 1881 Pierce Street, Room 128 Lakewood, CO 80214 Attn: Carol Olds Phone: 303-205-8412 carol.olds@state.co.us With a Copy To: State of Colorado/Department of Revenue EDO/PACS Contract Services 1375 Sherman St, Room 429 Denver, CO 80203 B. Contractor: 9/15/2015 Routing # TAA 16/83169 Town of Vail 241 S Frontage Rd., STE 4 Vail, CO 81657 18. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Contractor in the performance of its obligations under this Agreement shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Contractor upon completion or termination hereof. The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and prepare derivative works. Contractor shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of Contractor's obligations hereunder without the prior written consent of the State. 19. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act, CRS §24-10-101, et seq. and the risk management statutes, CRS §24-30-1501, et seq., as amended. 20. GENERAL PROVISIONS A. Assignment and Subcontracts Contractor's rights and obligations hereunder are personal and may not be transferred, assigned or subcontracted without the prior, written consent of the State. Any attempt at assignment, transfer, or subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors approved by the State are subject to all of the provisions hereof. Contractor shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect Except as otherwise provided in §20.A, all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Agreement may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees pursuant to the terms of this Agreement; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the 10 9/15/2015 Routing # TAA 16/83169 Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided to the contrary in this Agreement, modifications of this Agreement shall not be effective unless agreed to in writing by the Parties in an amendment to this Agreement, signed and approved in accordance with applicable Colorado State law. ii. By Operation of Law This Agreement is subject to such modifications as may be required by changes in federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Agreement on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Agreement shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, including, but not limited to, those provided by Contractor, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions, ii. The provisions of the main body of this Agreement, iii. Exhibit A. J. Severability Provided this Agreement can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof, provided that the Parties can continue to perform their obligations under this Agreement in accordance with its intent. K. Survival of Certain Agreement Terms Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Contractor fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services are rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Contractor shall be solely liable for paying such taxes as the State is prohibited from paying or reimbursing Contractor for such taxes. M. Third Party Beneficiaries Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Except as provided to the contrary in §18, any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. N. Waiver Waiver of any breach under a term, provision, or requirement of this Agreement, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. CORA Disclosure 11 9/15/2015 Routing # TAA 16/83169 To the extent not prohibited by federal law, this Agreement and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et. seq. P. Gifts / Gratuities i. The Contractor shall not, by itself or through any officer, director, employee, agent, partner, subcontractor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, or anything of monetary or non -monetary value to any employee of the State or to any member of his/her immediate family or anyone living in his/her household. Failure by Contractor to ensure compliance with this provision may result, in the State's sole discretion, in immediate termination of the Agreement or other remedies available in the Agreement. ii. Contractor shall not, by itself or through any officer, director, employee, agent, partner, subcontractor or other representative, receive or accept any gift, gratuity, or anything of monetary or non -monetary value from any recipient of Contractor's services related to the performance of its contractual duties or from any member of such client's immediate family or anyone living in his/her household. Failure by Contractor to ensure compliance with this provision may result, in the State's sole discretion, in immediate termination of the Contract or other remedies available in the Agreement. Q. Non -Exclusive Rights It is understood and agreed by the Contractor that the State does not grant the Contractor exclusive rights to provide services under this Agreement. The State reserves the right to contract with and authorize the provision of equivalent services from persons and entities other than the Contractor, as may be in the best interest of the State. This Agreement shall remain in full force and effect should the State enter into other contracts for the same or similar goods and services as provided under this Agreement. R. Press Contacts/News Releases Contractor shall not initiate any press and/or media contact nor respond to press/media requests regarding this Agreement and/or any related matters concerning the State without the prior written approval of the State. S. Cooperation of the Parties Contractor and the State agree to cooperate fully, to work in good faith, and to mutually assist each other in the performance of this Agreement. In connection herewith, the Parties shall meet to resolve problems associated with this Agreement. Neither party will unreasonably withhold its approval of any act or request of the other to which the party's approval is necessary or desirable. These Special Provisions apply to all Agreements except where noted in italics. A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). [State Controller's Designee has reviewed and determined that this is a no -cost contract and does not require further State Controller approval unless modifications are made within this document.] This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. B. FUND 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. C. GOVERNMENTAL IMMUNITY No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental 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. D. 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 12 9/15/2015 Routing # TAA 16/83169 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 taxes and income taxes and local head taxes incurred pursuant to this Agreement. 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. E. 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. F. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. 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 Agreement, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Agreement 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 Agreement 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 Agreement, including, without limitation, immediate termination of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions, I. 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 Agreement. 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. J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [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 system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, 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. K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees 13 9/15/2015 Routing # TAA 16/83169 that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E - Verify Program or the State 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 Agreement 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 Agreement. Contractor (a) shall not use E -Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement 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 Agreement, (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 course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State 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 State 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 Agreement for breach and, if so terminated, Contractor shall be liable for damages. L. 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 pursuant 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 Agreement. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK 14 9/15/2015 22. SIGNATURE PAGE Contract Routing Number TAA 16/83169 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT * Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. CONTRACTOR Town of Vail By: Title: %Wy / "A;� d4e Date: By: Title: *Signature 2nd Contractor Signature if Needed Date: *Signature 15 IM STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Revenue Barbara J. Brohl, Executive Director Mike Dixon, Senior Director Division of Motor Vehicles Date: 9/15/2015 EXHIBIT A — STATEMENT OF WORK This Exhibit A — Statement of Work is part of that certain contract, CMS #TAA 16/83169 ("Agreement"), by and between Town of Vail ("Contractor"), and the State of Colorado acting by and through the Colorado Department of Revenue, Division of Motor Vehicles, Driver Testing and Education ("DOR", "DMV" or "State"). In the event of a conflict or inconsistency between the Agreement and its exhibits and attachments, such conflict or inconsistency shall be resolved in the manner specified in §20.I Order of Precedence of the main body of the Agreement. Any references to defined terms that are not specifically defined herein shall have the same meaning as those set forth in the Agreement and its Exhibits. The Contractor shall provide the following testing services to the State and applicants in accordance with this Exhibit A, 1 CCR 204-30 Rule 7, as currently written or hereafter amended, State laws, and pursuant to the terms of this Agreement. A. On behalf of the State, Contractor shall competently provide CDL driving skills testing services to the State and applicants pursuant to and consistent with the intent of all applicable federal and State laws, the terms of this Agreement; the Rules and Regulations for the Commercial Driver's License Program, 1 CCR 204-30, Rule 7, as currently written or hereafter amended, and the current CDL Tester's manual, as currently written or hereafter updated, and is hereby incorporated by reference. The CDL Tester's manual is available by request through the DMV. B. Contractor shall at all times have a valid signed Agreement with the State prior to providing the services pursuant to this Agreement. Additionally, Contractor and the CDL Driving Skills Tester shall be in possession of a valid license in accordance with 1 CCR 204-30 Rule 7, as currently written or hereafter amended, prior to providing Services authorized by this Agreement. C. The Contractor shall have written permission from the landowner to administer the CDL vehicle basic control tests on areas not owned by the Contractor. This written permission, substantially in a form equivalent to Attachment A, attached and incorporated herein, shall be submitted to the State for approval prior to testing. A-1 9/15/2015 Attachment A L The land used for the purposes of driver skill testing is not owned by the CDL Testing Unit and requires written permission from the respective landlord or land owner. Please complete this form and submit to DMV in accordance with §17 of the Agreement for approval prior to conducting driver skill testing on this property. This authorization confirms that (name of property owner) is the lawful property owner of the land located at: . This property will be used for the purposes of CDL driver skill testing. Access to the testing area is granted to Colorado Division of Motor Vehicles for inspections at any time. (property owner) hereby grants permission to. (Testing Organization), for the use of his/her land for the above stated purposes. Landowner (signature) Phone Number IMM This authorization expires on (Date, if applicable) For: CDL Compliance Section FEW 9/15/2015 EXHIBIT B — OPTION RENEWAL LETTER IDate: Original Contract CMS #: I Option Letter # CMS Routing #: TAA 16/83169 TAA 1. In accordance with §5.0 of the Original Agreement, CMS #TAA 16/83169 ("Agreement") by and between Town of Vail ("Contractor") and the State of Colorado acting by and through the Colorado Department of Revenue, Division of Motor Vehicles ("DMV" or "State"), the State hereby exercises its option for an additional term beginning and ending on -under the same terms and conditions specified in the Agreement. This is the of two renewals available. 2. The effective date of this Option Letter is upon approval of DOR. STATE OF COLORADO John W. Hickenlooper, Governor Colorado Department of Revenue Barbara J. Brohl, Executive Director By: Mike Dixon, Senior Director Division of Motor Vehicles Date: RE 9/15/2015 RESOLUTION NO. 27 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF PUBLIC SAFETY, DIVISION OF FIRE PREVENTION AND CONTROL REGARDING UTILIZING VAIL FIRE AND EMERGENCY SERVICES STAFFING; 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, it is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to the Colorado Department of Public Safety, Division of Fire Prevention and Control ("DFPC") ; WHEREAS, the chief of the fire department in each Colorado fire protection district is responsible for the management of wildland fires that occur within the district boundaries; WHEREAS, the DFPC assist the county sheriff in controlling or extinguishing wildland fires that exceed the capability of a fire protection district and is committed to cost-effective and innovative service delivery partnerships for Wildland Fire Suppression within Colorado; WHEREAS, the DFPC provides resources, including engines and firefighters, to assist in Fire Management activities on lands throughout Colorado and as needed as part of a resource mobilization for fires in other states; WHEREAS, Vail Fire and Emergency Services ("Vail Fire") is committed to provide cost-effective service to its citizens, is situated to provide mutual aid response, and currently has a wildland fire suppression program in place; and WHEREAS, Vail Fire and DFPC wish to enter into this Intergovernmental Agreement ("IGA") to jointly staff a state-owned wildland fire engine, as needed, for use locally, regionally, state wide, and nationally to reduce the impact of wildland fires; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with DFPC on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Resolution No. 27, Series of 2015 9/15/2015 Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND DOPTED at a regular meeting of the Town Council of the Town of Vail held this 15' day of September, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 27, Series of 2015 9/15/2015 EXHIBIT A INTERGOVERNMENTAL AGREEMENT By and Between COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL And COLORADO RIVER FIRE RESCUE Regarding TEMPORARY STAFFING AND OPERATION OF A STATE WILDLAND FIRE ENGINE This Intergovernmental Agreement (AGREEMENT) is entered into between the Colorado Department of Public Safety, Division of Fire Prevention and Control ("DFPC") and the Town of Vail/Vail Fire and Emergency Services (COOPERATOR) which are referred to collectively as the "Parties" and individually as a "Party". PARTIES AND STATUTORY AUTHORITIES The Town of Vail is a political subdivision of the State of Colorado powers of a public or quasi- municipal corporation which are specifically authorized by, and in compliance with Colorado Revised Statutes, Titles 29, 30, 31, and 32, as applicable. DFPC is a division of the Department of Public Safety, a principal department of the executive department of state government created pursuant to C.R.S. § 24-1-110 (1) (u) and § 24-33.5-103. Statutory Authorities C.R.S. § 13-21-113.7 C.R.S. Title 24, Article 10 C.R.S. § 24-33.5-1201 (4) C.R.S. § 24-33.5-1203 C.R.S. § 24-33.5-1218 C.R.S. § 24-33.5-1219 C.R.S. Title 29, Article 22.5 C.R.S. § 29-1-201 thru 203 C.R.S. § 30-10-513 and 513.5 C.R.S. § 30-11-124 C.R.S. Title 32, Article 1 Firefighter and Incident Management Team Immunity Governmental Immunity Transfer of State Forest Service Authority to DFPC Duties of DFPC DFPC Cooperation with Governmental Units Wildland Fires - Duty of Sheriff to Report Wildland Fire Planning Authority to Enter Into Intergovernmental Agreements Duties of Sheriff Relating to Fires Fire Planning Authority Special District Provisions RECITALS WHEREAS, wildland fire protection responsibilities on non-federal lands in Colorado follow a hierarchy of local jurisdiction (fire protection districts) to the county sheriff to the State of Colorado with the DFPC being the lead state agency for wildland fire management, and 9/15/2015 WHEREAS, it is the duty of the Sheriffs of the various counties of the State of Colorado to report as soon as practicable the occurrence of any fire in any forest in the state, either on private or public lands, to DFPC "or its authorized agent," and WHEREAS, the chief of the fire department in each Colorado fire protection district is responsible for the management of wildland fires that occur within the district boundaries and that are within the capability of the fire protection district to control or extinguish, and WHEREAS, when wildland fires exceed the capability of the fire department to control or extinguish, the fire chief may transfer responsibility for the fire to the county sheriff with the concurrence of the sheriff, and WHEREAS, when wildland fires exceed the capability of the county sheriff to control or extinguish, DFPC may assist the sheriff in controlling or extinguishing such fires, and may assume command of such incidents with the concurrence of the sheriff, and WHEREAS, the Director of DFPC shall determine, in consultation with local authorities and with the approval of the Governor, geographic areas of the state, including Wildland-Urban Interface areas, in which the state has a financial responsibility for managing forest and wildland fires, and WHEREAS, DFPC is committed to cost-effective and innovative service delivery partnerships for Wildland Fire Suppression within Colorado, and WHEREAS, it is the intent of the Parties that DFPC resources, including engines and firefighters, be available to assist in Fire Management activities on lands throughout Colorado and as needed as part of a resource mobilization for fires in other states, and WHEREAS, Vail Fire and Emergency Services is committed to provide cost-effective service to its citizens, is situated to provide mutual aid response, and currently has a wildland fire suppression program in place, and WHEREAS, it is the intent of the Parties that Vail Fire and Emergency Services resources be available to assist in Fire Management activities on lands for which DFPC is responsible for protecting and as needed as part of a resource mobilization for fires in other states, and WHEREAS, it is to the Parties' mutual advantage to coordinate efforts for the prevention, detection, and suppression of wildland fires, fuels management, prescribed fire, non-wildland fire emergencies (as authorized), and cooperative projects for resource protection in their areas of responsibility, and to limit duplication and improve efficiency and effectiveness, and WHEREAS, the ability to utilize Vail Fire and Emergency Services staffing to provide a cost- effective means to meet the Parties' respective missions and be a benefit locally, regionally, statewide and nationally through the provision of additional Wildland Fire Resources, and WHEREAS, the Parties wish to enter into this Agreement to jointly staff a state-owned wildland fire engine, as needed, for use locally, regionally, state wide, and nationally to reduce the impact of wildland fires, and N 9/15/2015 IN CONSIDERATION OF mutual and unilateral covenants, obligations, promises and warranties, the Parties agree as follows: AGREEMENT 1. Term of Agreement. The term of this Agreement shall commence upon execution by both Parties and shall terminate on December 31 in the fifth year after it is executed. Either party may terminate this agreement by notifying the other party, in writing, of its intent to terminate the agreement thirty days prior to termination. 2. Scope of Duties 2.1 Each Party enters into this Agreement understanding that firefighting and emergency response functions are inherently dangerous and, while risk management techniques will be employed, it may not be possible to foresee every situation that could cause injury, illness, or death. 2.2 Each Party understands that wildland firefighting and emergency response functions may require the placement of personnel in remote locations for extended periods of time with limited access to creature comforts, communications, or normal living conditions. 2.3 Each Party understands that incident assignments may last up to 14 days, exclusive of travel; may not allow personnel to return home at the end of a shift; may require personnel to camp on the fire site, generally at a designated fire camp; and that daily work shifts may last fourteen to sixteen (14 —16) hours with limited breaks. 3. Employees Able to Operate 3.1 Each Party agrees that its employees may ride, drive, operate, and work on, in, and around the other Party's vehicles, apparatus, equipment, stations, and facilities, pursuant to need, training, and applicable laws. This mutual Agreement provides staffing of a fire engine, tender, crew, command, module or other resource as an emergency response incident resource for assisting in the stabilization of emergency incidents such as wildland fires, structure fires, emergency medical, rescue, and natural disasters. 3.2 Each Party agrees to abide by the Incident Command System (ICS) as outlined in the National Incident Management System (NIMS). ICS shall be the guide as to command and control of resources and personnel assigned to an incident. Each Party agrees to utilize ICS instead of agency position, job description or home unit rank while working jointly to staff an incident resource. 3.3 For the purpose of this Agreement "employee" shall mean any person, paid or volunteer, who is formally hired by either party. This Agreement does not extend to, nor include, third party contractors working for either agency designated on this Agreement. 4. Financial 4.1 Each Party shall be responsible for the cost of its respective employees, vehicles, facilities, and equipment, including damage or loss. 41 9/15/2015 4.2 For reimbursable incidents, each Party has the right to seek reimbursement for the utilization of its personnel, vehicle, equipment, and facility by following standard DFPC reimbursement guidelines. 4.3 Neither Party shall encumber the funds of the other Party for any purpose at any time without separate written authorization and legal authority. 5. Insurance and Liabili 5.1 Each Party shall be responsible for the acts or omissions of its own employees, subject to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. ("CGIA") and C.R.S. § 13-21- 113.7, as applicable. 5.2 Each Party shall be responsible at all times for workers compensation insurance coverage of its employees acting within the provisions of this Agreement, including accidents, injuries and diseases which occur while acting under the direction or at the request of the other Party. Each Party shall maintain liability insurance coverage for its real and personal property, as required by law. Neither Party shall be responsible for the other Party's liabilities, fiduciary responsibilities, or workers compensation, unless expressly authorized by a separate written Agreement executed by the Parties. 6. Accident and Incident Reporting and Investigation. All Parties to this Agreement shall be notified as soon as practical of any accidents or incidents related to this Agreement and shall jointly initiate an investigation of the accident or incident, as needed. 7. Training and Qualifications. During the term of this Agreement, the Parties mutually agree to provide to each other's employees any training necessary for successfully performing the duties and responsibilities, as assigned pursuant to this Agreement. The Parties mutually agree that all employees assigned to a wildland fire shall meet or exceed the current National Wildfire Coordinating Group's (NWCG) qualification standards for the position they occupy. 9. Amendments. This Agreement may not be amended except in a writing setting forth such amendment and executed by the Parties. 10. Severability. If any provision of this Agreement should be declared unenforceable, then the remainder of this Agreement shall continue to be binding upon the parties. 11. Relationship of Parties. The Parties enter into this Agreement as separate and independent governmental entities and each shall maintain such status throughout the term of this Agreement. Nothing contained in this Agreement and no performance under this Agreement shall alter or modify the status of a Party's directors, officers, volunteers, agents, or employees for any purpose, including but not limited to workers' compensation, employee benefits or entitlements, pension, levels or types of training, internal discipline, certification, rank procedures, methods, or categories, or for any other conditions or requirements of employment. 12. Governing Law. This agreement is entered into in Colorado and shall be governed by the laws of the State of Colorado. !! 9/15/2015 13. Headings. The headings used in this Agreement are for the convenience of the Parties only. As such, these headings shall not have any legal effect whatsoever or, in any other way alter or modify the meaning or interpretation of this Agreement. 14. Authority. By signing this Agreement, representatives of the Parties acknowledge that they are duly authorized to execute this Agreement on behalf of their respective Party. 15. Execution in Counterparts or by Facsimile or Electronic Means. This Agreement may be executed in counterparts or with signatures obtained via facsimile transmission or electronic PDF, each of which shall have full force and effect upon execution by all Parties to this Agreement. COLORADO DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE PREVENTION AND CONTROL APPROVAL: By: Paul L. Cooke, Director Division of Fire Prevention and Control Date: APPROVAL: By: Date: Vail Fire and Emergency Services CONTACT INFORMATION Name: Mark Novak Address: 2399 North Frontage Road West City, State, Zip: Vail, CO 81657 Phone: 970-477-3474 Email: mnovak@vailgov.com 5 9/15/2015 0) TOWN OF VAIL' Memorandum To: Town Council From: Public Works Department Date: 9-15-15 Subject: ERWSD IGA for Dowd Junction Gore Valley Trail Repair I. SUMMARY The Town of Vail and the Eagle River Water and Sanitation District (ERWSD) are in need of a long term repair to the Gore Valley Trail in Dowd Junction. The existing rock retaining wall that supports both the Gore Valley Trail and the ERWSD sanitary sewer trunk line main is being undermined and failure of the wall is eminent. The Town and ERWSD jointly issued a Request for Proposals in August for the design of this repair. The cost of the design will be split between the Town and ERWSD (50/50) through an Intergovernmental Agreement (IGA). The Town has agreed to contract directly with S2O Design Engineers, and ERWSD has agreed to provide 50% reimbursement of the cost of design. Once a final design is selected and approved, a separate IGA will be entered into for the cost share of the construction. Staff recommends approving Resolution No. 28, Series 2015, approving an IGA with ERWSD to split the Dowd Junction Gore Valley Trail Repair design costs 50/50. II. ATTACHEMENTS Resolution No. 28, 2015 Intergovermental Agreement (IGA) 9/15/2015 RESOLUTION NO. 28 Series of 2015 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE DESIGN OF THE GORE VALLEY TRAIL AT DOWD JUNCTION REPAIR PROJECT; 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town will partner with the Eagle River Water and Sanitation District (ERWSD) to design the necessary repairs to the Gore Valley Trail in Dowd Junction (the "Project"); WHEREAS, the Project, located in Dowd Junction along the Gore Valley Trail, will provide a benefit to both the Town's Gore Valley Trail bike path and ERWSD's sanitary sewer mainline that lies beneath the Gore Valley Trail; WHEREAS, the Council's approval of Resolution No. 2 8, Series 2015, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 15th day of September, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 28, Series of 2015 9/15/2015 INTERGOVERNMENTAL AGREEMENT FOR GORE VALLEY TRAIL AT DOWD JUNCTION REPAIR PROJECT THIS AGREEMENT is made and entered into this day of 2015, by the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town"), and EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, ("District"). Collectively these entities are also referred to as the "Parties". RECITALS WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water and sewer and services; and WHEREAS, the Town wishes protect its infrastructure (Gore Valley Trail); and WHEREAS, the District wishes to protect its infrastructure (Sanitary Sewer Main); and 9/15/2015 WHEREAS, the Parties wish to combine their efforts to achieve cost sharing and cost savings benefits, minimize duplication of efforts to design a sound engineering solution to protect the parties infrastructure; and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the Design of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: Cooperation. The Parties agree to cooperate in the planning, design, cost and expense sharing and administration phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of-way necessary to implement the purposes of this Agreement. 2. Design Costs. The Town and the District have selected S20 Design Engineering of Lyons, Colorado to perform professional design services. S20 Design Engineering was selected through a public Request For Proposals process. The Town agrees to pay 50% of the design fees and the District agrees to pay 50% of the design fees. 3. Project Management: The Town will provide a project management representative ("Town Project Manager") to coordinate the design work, provide clarifications to the Consultant and review and approve proposed field changes, cost changes and time changes in a timely manner. The District will provide a project management representative ("District Project Manager") to coordinate execution of the Town's portion of the Project with the District Construction Manager as required herein. With respect to communications with Project Consultant the District Project Manager shall not have authority to bind, or otherwise affect the obligations of, the Town. 4. Cost Sharing. The Town agrees to pay all costs to the Consultant for the Project. The Town will invoice the District on a monthly basis for the District's portion of the work based upon a 50% Town/50% District cost share. The District will reimburse the Town for the invoiced work within 30 days. The District represents that it has appropriated sufficient funds to pay in full its obligations hereunder. 2 9/15/2015 5. Project Meetings. The Town will make a good faith effort to invite a representative of the District to meetings concerning the Project, and otherwise provide open communications throughout the Project. 6. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. 7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 8. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 9. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 10. Binding_ Agreement upon Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 11. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the Town and the District, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 12. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand -delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: 3 9/15/2015 Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 13. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 14. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. C! 9/15/2015 15. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 16. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 17. Separate Entity Status. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 18. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 19. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 20. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. 67 9/15/2015 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. Attest: Leslie Isom, Administration Manager Attest: Patty McKenny, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney EAGLE RIVER WATER AND SANITATION DISTRICT Linn Brooks, General Manager TOWN OF VAIL Un T Stan Zemler, Town Manager 9/15/2015 ATTACHMENT A (CONSULTANT'S PROPOSAL DATED AUGUST 31, 2015) 9/15/2015 0) TOWN OF VAIL' Memorandum To: Town Council From: Public Works Department Date: 9-15-15 Subject: Utility Easement Requests I. SUMMARY Eagle River and Water Sanitation District (ERWSD) is requesting a 160 square foot easement from the Town of Vail within Tract A along Rockledge Road for the installation of a Fire Hydrant and Air Vac Vent pipe (See attached photo and map area highlighted in blue). The Fire Hydrant and Air Vac Vent pipe are a part of the water and sewer line replacement project along Rockledge Road that has been on-going all summer and is scheduled to be completed this fall. The Town owned land is zoned Natural Area Preservation, however this area is immediately adjacent to the roadway and the Rockledge access road to Vail Mountain. Staff recommends granting the easement in a form approved by the Town attorney. II. ATTACHEMENTS Photo locations of Easement Resolution No. 29, series 2015 Utility Easement for ERWSD 9/15/2015 t 5 • _ a �a G.. A. - f � proposed Hydrant . R +� �y� • � ..t x Y �i,_ CSN ��I 1 n rv. 1! tiis•1� _ 4� RESOLUTION NO. 29 Series of 2015 A RESOLUTION APPROVING A UTILITY EASEMENT BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT; 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town will grant a utility easement to Eagle River Water and Sanitation District (ERWSD) to allow for the installation and maintenance of a Fire Hydrant and Air Vac Vent; WHEREAS, the utility easement is located within Tract A, along Rockledge WHEREAS, the Council's approval of Resolution No. 2 9, Series 2015, is required to grant the easement to ERWSD; NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the easement and authorizes the Town Manager to grant the easement to ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 15t" day of September, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 29, Series of 2015 9/15/2015 FYUTRIT A UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of , 2015, by and between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town"), and Eagle River Water and Sanitation District ("Grantee"). WHEREAS, Grantee desires to acquire an easement for the purpose of the installation and operation of utility facilities upon and beneath the surface of the property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid purposes on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the sum of $10 paid by Grantee to the Town, the covenants of Grantee herein contained, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: Section 1. Conveyance of Easement. The Town does hereby grant and convey unto Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the surface of the Easement Property for the installation and operation of utility facilities consisting a water line, hydrant, underground conduits, air vac vent, and other appurtenant fixtures and equipment necessary or useful for distributing water services. Grantee shall have the right of ingress and egress, consistent with this Agreement, upon the Easement Property for the construction, reconstruction, operation, maintenance and removal of the utility facilities. Section 2. Use of Easement Property. Grantee shall be solely responsible for installation and maintaining the utility facilities. In making any excavation on the Easement Property, Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the area to as near the same condition as it was prior to such excavation as is practical. Section 3. Relocation. Within 60 days of receipt of written notice from the Town, Grantee shall relocate the utility facilities within the Easement Property at Grantee's sole cost and expense. Section 4. Retained Rights. The Town shall have all rights to the Easement Property not expressly granted hereby, including the right to construct structure(s) over the Easement Property, so long as such structures do not interfere with Grantee's rights under this Agreement. Section 5. Miscellaneous. a. All provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. 1 9/10/15 II VWS-STORAGEIDESKTOPS$I TNAGEL IDESKTOPIRES 29 EXHIBIT A.DOCX 9/15/2015 b. Grantee shall insure itself against liability, loss, or damages arising out of the construction, existence, use, operation or maintenance of the utility facilities. C. This Agreement constitutes all of the agreements, understandings, and promises between the parties hereto with respect to the subject matter hereof. d. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. e. Grantee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Easement Property if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Grantee, any subcontractor of Grantee, or any officer, employee, representative, or agent of Grantee, or which arise out of a worker's compensation claim of any employee of Grantee or of any employee of any subcontractor of Grantee. f. There are no third -party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized officers as of the date and year first above written. ATTEST: Patty McKenny, Town Clerk TOWN OF VAIL, COLORADO Stan Zemler, Town Manager 2 9/10/15 II VWS-STORAGEIDESKTOPS$I TNAGEL IDESKTOPIRES 29 EXHIBIT A.DOCX 9/15/2015 STATE OF COLORADO ss. COUNTY OF GRANTEE The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2015, by My commission expires: (SEAL) Notary Public 9/10/15 II VWS-STORAGEIDESKTOPS$I TNAGEL IDESKTOPIRES 29 EXHIBIT A.DOCX 9/15/2015 Wson's 6" GV ■"��■■■■■■■■■■■■■■■ TN. =8330.7 ASPHALT ABANDON HYDRANT AND ♦♦♦ GV PER DETAILS D-06 ♦♦ AND D-07, SHEET C6.0 hi 4W 4W ---- 4 W ♦♦ 4W ♦♦ 4W W 4W ♦: I 4W -4W ♦: I I PROTECTJEX. 2-3" ABANDONMENT 4W (3) 10x4 TEES W/ 4" GV&BS STA: 32+52.71 ♦♦ 1 0x1 0 TEE ♦♦ STA: 32+50.7' CULVERT EX. CROSSING STA: 32+38.9 LOT 8A ♦,� 127 ROCKLEDGE ROAD 10" GV S : 32+27.7 10x6 TEE �♦ 11.25' HORIZ BEND STA: 32+25. ♦♦ STA: 31+67.8 22' ACCESS EASEMENT (SLANT HA TCN AREA) \ l 1p R COORDINATE WITH HOMEWOWNER'S PLUMBING CONTRACTOR TO SWITCH SERVICE FROM EXISTING 2" TO 4" WITHIN MECHANICAL ROOM T. N = 8331.6 (d- 8.0' /_---- 1 (TO BE ABANDONED) EXISTING EASEMENT (TYP) : / °off°� �� t 15.0' INGRESS/EGRESS AND UTILITY EASEMENT (CROSS HA TCH AREA) LOT 7 107 ROCKLEDGE ROAD 0 a 4W LOT 4 103 ROCKLEDGE ROAD 4" GV / _ T•N. =8337.2 (d=5.7) REMOVE EX. 4" GV & CONNECT TO NEW 4 SERVICE FOR 107 ROCKLEDGE ROAD / N STA: 33+04.7 OFF: 6.01/ N >- inc ♦1 U) Z ,� Top of Pipe Elevations WW ." - uj *'0z O INSTALL 2 COPPER TO NEW ~� U) I RaGKLEDGE ROAD 10" WATER SERVICE METER LINE VAULT. - L& U Z W } U TO BE SUPPLIED BY VAIL ASSOCIATES. EX/ST. 12" STORM ♦♦ W W- } STA: 32+86.4 OFF: 24.4'R U) Z LJ chW NQ j-• EXISTING GROUND ELEV: 31 +50 10� 10W \ �Cb H WW 10W 10W o < STA: 32+45.8 II Li. = RIM ELEV: 8342.3 II W U w APPROX. EX. CULVERVI CROSSING ►STA: _ -- \ \ z IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII' • •r �.=•i� RIGHT OF WAY _ d ♦ \ - (TYR)tj - \ & PROPOSED WATER LINE EASEMENT ♦ ♦� / VERIFY ABANDONMEN1jINTH PROPERTY OWNER \ l 1p R COORDINATE WITH HOMEWOWNER'S PLUMBING CONTRACTOR TO SWITCH SERVICE FROM EXISTING 2" TO 4" WITHIN MECHANICAL ROOM T. N = 8331.6 (d- 8.0' /_---- 1 (TO BE ABANDONED) EXISTING EASEMENT (TYP) : / °off°� �� t 15.0' INGRESS/EGRESS AND UTILITY EASEMENT (CROSS HA TCH AREA) LOT 7 107 ROCKLEDGE ROAD 0 a 4W LOT 4 103 ROCKLEDGE ROAD 4" GV / _ T•N. =8337.2 (d=5.7) REMOVE EX. 4" GV & CONNECT TO NEW 4 SERVICE FOR 107 ROCKLEDGE ROAD / N STA: 33+04.7 OFF: 6.01/ N >- inc Li m 0 0) U) Z ,� Top of Pipe Elevations WW ." - uj *'0z O INSTALL 2 COPPER TO NEW ~� U) z Z RaGKLEDGE ROAD 10" WATER SERVICE METER LINE VAULT. - L& U Z W } U TO BE SUPPLIED BY VAIL ASSOCIATES. EX/ST. 12" STORM ii W W W- } STA: 32+86.4 OFF: 24.4'R U) Z LJ chW NQ j-• EXISTING GROUND ELEV: Q W �Cb H WW Z 0< < STA: 32+45.8 II Li. = RIM ELEV: 8342.3 II W U w APPROX. EX. CULVERVI CROSSING ►STA: z W d OO - _ PROTECT 2-3" FLEX MIPES & > / VERIFY ABANDONMEN1jINTH PROPERTY OWNER EXISTING GRADE (TYP) Q APPROXIMATE EXISTING 6" WATER MAIN W CONTRACTOR POTHOLED DEPTH 5.8' z U Cr EXISTING _ ...-...T.T._ ... ................. _O c J Z REMOVE EX. 4" GV &CONNECT TO NEW � z p 1 4" SERVICE FOR 107 ROCKLEDGE ROAD d / (4) 4" GV&BS SEE PLAN STA: 32+52.7 OU U) W 10" GV 10x10 TEE W/ (4) 10x4 TEES SEE PLAN 7' DEPTH (TYP)\ 1- } STA: 32+27.7 STA: 32+50.7 O < 10x6 TEE U 5 0 STA: 32+25.7IC LO Lo \ W O O O N ~ PROPOSED WATER LINE EASEMENT r INSTALL 10x4 TEE _ _ : - - I 10'�,/ PROPERTY LINE W/ 2" CORP FOR I --------==-====-===============-- 10' ' ♦ '` 9� .O \ / (TYP.) 127 ROCKLEDGE FUTURE USE --=__>/_--_a ,�� ♦ Q �� - N N N s d I..n - z i LO i TRACT A Im Z O W _ - - - - - - Q r 0 N J_ r 0 m X Lo W i - m ,- i z Y d / Q W F J m U O k i 103 ROCKLEDGE WATER SERVICE6 STA: 33+04.7 OFF: 11.71 6 97 ROCKLEDGE WATER SERVICE moo STA: 33+04.7 OFF: 2.3'R r �., In V In >n GRAPHIC SCALE MZ W O d STA: 31+59.3 / - _ - _ ♦♦ ♦ X� 20 0 10 zo 40 80 i*i O � �r OD H 0 O CTA ♦ \ / X x ( IN FEET) (j u 1 ' h = 20 ft 1.1 " \ ® x s � r � i / i ® AIR VAC VENT S STA: 32+30.7' r OFF: 16.2R 10x4 TEE W/ 4" GV&B r STA: 32+25.7 AND 2" CORP / OFF: 2.0 R / STA: 32+52.7 '' ` "' ' • i INSTALL MTN COMBINATION AIR VALVE/VAC �''':' ';' :` •• '.�;` _ ` ' '; "�'' '' / FIRE HYDRANT F & MANHOLE (SEE DETAIL W-01) " ® STA: 32+25.7 OFF: 13.2'R STA: 32+45.8' EXISTING GROUND ELEV: 8343.0 FIELD LOCATE VENT PIPE PER i WATER PLAN KEY SHEET 9/15/2015 8346 8344 8342 8340 8338 8336 8334 8332 8330 8328 8326 8324 8322 8320 O O M to 00 ERWSD CONSTRUCTION MNGR RESTRAIN ALL JOINTS VAIL MOUNTAIN ACCESS ROAD WITHIN THIS AREA 8346.1 inc Li m 0 0) U) Z ,� Top of Pipe Elevations WW ." - uj *'0z O INSTALL 2 COPPER TO NEW ~� z V'_ RaGKLEDGE ROAD 10" WATER SERVICE METER LINE VAULT. - L& U Z IL } U TO BE SUPPLIED BY VAIL ASSOCIATES. EX/ST. 12" STORM ii W d a (0VAULT W- } STA: 32+86.4 OFF: 24.4'R �0. DRAIN TO REMAIN-� AIR VAC VALVE U) chW NQ j-• EXISTING GROUND ELEV: 50 W 0 �Cb H WW ERWSD CONSTRUCTION MNGR RESTRAIN ALL JOINTS VAIL MOUNTAIN ACCESS ROAD WITHIN THIS AREA 8346.1 L oon Li m 0 0) 0 r r` N N O 0 ro Itd' In In 0 In M r7rM M M M M M nn M M M M 0 00 0 0 0 0 Z ~ZN Top of Pipe Elevations WW ." - uj *'0z O 0 ~� F- V'_ RaGKLEDGE ROAD 10" WATER MAIREPLArIEMENT PROFILE - L& U Z IL O 0r Q ° 0 moo W � Z EX/ST. 12" STORM I� Z W� VA c0 7 N M N N N PO M 0 00 0 t0 N Qi O N M M n 0 0 N rl N N N n r7 r7 n M M r7 r) M r7 0 0 00 0 0 r r` N N O 0 ro Itd' In In 0 In M r7rM M M M M M nn M M M M 0 00 0 0 0 0 0 W Top of Pipe Elevations WW W O ®J ~� F- W 0. RaGKLEDGE ROAD 10" WATER MAIREPLArIEMENT PROFILE - L& U Z IL O 0r Q ° W � Z EX/ST. 12" STORM 02 Z m Z W� W- } 'QW �0. DRAIN TO REMAIN-� AIR VAC VALVE � chW NQ j-• W� 8c MANHOLE �1 �Cb H WW J 0< STA: 32+45.8 II Li. RIM ELEV: 8342.3 II APPROX. EX. CULVERVI CROSSING ►STA: 32+67.1 11 - _ PROTECT 2-3" FLEX MIPES & / VERIFY ABANDONMEN1jINTH PROPERTY OWNER EXISTING GRADE (TYP) APPROXIMATE EXISTING 6" WATER MAIN II CONTRACTOR POTHOLED DEPTH 5.8' / EXISTING _ ...-...T.T._ ... ................. WATER MAIN STA: 31+07.4 REMOVE EX. 4" GV &CONNECT TO NEW p 1 4" SERVICE FOR 107 ROCKLEDGE ROAD / (4) 4" GV&BS SEE PLAN STA: 32+52.7 p 10x4 TEE 10" GV 10x10 TEE W/ (4) 10x4 TEES SEE PLAN 7' DEPTH (TYP)\ STA: 31+59.3 STA: 32+27.7 STA: 32+50.7 10x6 TEE 5 STA: 32+25.7IC 10x4 TEE �-ALK- STA: 30+77.3 20 0 10 20 40 80 0 EXISTING GROUND ( IN FEET ) (IN FEET) ELEVATION (TYP) 1 inch = 20 ft. 1 inch=5 ft VERTICAL N r7 N O 0 O N 4 00 O N r7 N r7 PO d � d- -.4- r7 M M r7 M M 00 00 00 00 00 00 00 30+00 30+50 31+00 31+50 32+00 32+50 33+00 33+50 8346 8344 8342 8340 8338 8336 8334 8332 8330 8328 8326 8324 8322 8320 34+00 � �Z (Y 0 W FD WW W O ®J ~� F- W 0. 00 O Z 0 Q - L& U Z IL O 0r Q ° W � Z ZO XU 02 Z m Z W� W- } 'QW �0. <W 0U) chW NQ j-• W� E �Cb H WW J 0< W Li. PROJECT NO. 2141 OSO.00 C4.4 0) TOWN OF VAIL' Memorandum To: Town Council From: Public Works Department Date: 9-15-15 Subject: Utility Easement Request I. SUMMARY On behalf of Vail Resorts, ERWSD is also requesting a 330 square foot easement from the Town of Vail for Vail Resorts within Tract A along Rockledge Road for the installation of a new water service (See attached photo and map area highlighted in green). The water service is for future use by Vail Resorts and is also proposed to be installed as a part of the water and sewer line replacement project. This Town owned land is also zoned Natural Area Preservation; however this area is already encumbered by the existing Rockledge access road to Vail Mountain. Staff recommends granting the easement in a form approved by the Town attorney. II. ATTACHEMENTS Photo locations of Easement Resolution No. 30, series 2015 Utility Easement for VR 9/15/2015 Town of Vail Page 2 9/15/2015 RESOLUTION NO. 30 Series of 2015 A RESOLUTION APPROVING A UTILITY EASEMENT BETWEEN THE TOWN OF VAIL AND VAIL RESORTS; 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"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town will grant a utility easement to Vail Resorts to allow for the installation and maintenance of a below ground water service; WHEREAS, the utility easement is located within Tract A, along Rockledge Road, more particularly described in the easement; WHEREAS, the Council's approval of Resolution No. 3 0, Series 2015, is required to grant the easement to Vail Resorts; NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the easement and authorizes the Town Manager to grant the easement to Vail Resorts on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 151 day of September, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 30, Series of 2015 9/15/2015 EXHIBIT A UTILITY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of , 2015, by and between the Town of Vail, Colorado, a Colorado home rule municipality (the "Town"), and Vail Resorts ("Grantee"). WHEREAS, Grantee desires to acquire an easement for the purpose of the installation and operation of utility facilities upon and beneath the surface of the property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Property"); and WHEREAS, the Town is willing to convey an easement to Grantee for the aforesaid purposes on the terms and conditions set forth below. NOW, THEREFORE, for and in consideration of the sum of $10 paid by Grantee to the Town, the covenants of Grantee herein contained, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: Section 1. Conveyance of Easement. The Town does hereby grant and convey unto Grantee, it successors, assigns, lessees, licensees, and agents, an easement upon and beneath the surface of the Easement Property for the installation and operation of utility facilities consisting of a water line service and other appurtenant fixtures and equipment necessary for the installation and maintenance of a water service. Grantee shall have the right of ingress and egress, consistent with this Agreement, upon the Easement Property for the construction, reconstruction, operation, maintenance and removal of the utility facilities. Section 2. Use of Easement Property. Grantee shall be solely responsible for installation and maintaining the utility facilities. In making any excavation on the Easement Property, Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the area to as near the same condition as it was prior to such excavation as is practical. Section 3. Relocation. Within 60 days of receipt of written notice from the Town, Grantee shall relocate the utility facilities within the Easement Property at Grantee's sole cost and expense. Section 4. Retained Rights. The Town shall have all rights to the Easement Property not expressly granted hereby, including the right to construct structure(s) over the Easement Property, so long as such structures do not interfere with Grantee's rights under this Agreement. Section 5. Miscellaneous. a. All provisions herein contained, including the benefits, burdens and covenants, are intended to run with the land and shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. 9/10/15 II VWS-STORAGEIDESKTOPS$I TNAGEL IDESKTOPIRES 30 EXHIBIT A.DOCX 9/15/2015 b. Grantee shall insure itself against liability, loss, or damages arising out of the construction, existence, use, operation or maintenance of the utility facilities. C. This Agreement constitutes all of the agreements, understandings, and promises between the parties hereto with respect to the subject matter hereof. d. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. e. Grantee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or the Easement Property if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Grantee, any subcontractor of Grantee, or any officer, employee, representative, or agent of Grantee, or which arise out of a worker's compensation claim of any employee of Grantee or of any employee of any subcontractor of Grantee. f. There are no third -party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized officers as of the date and year first above written. ATTEST: Patty McKenny, Town Clerk TOWN OF VAIL, COLORADO Stan Zemler, Town Manager 2 9/10/15 II VWS-STORAGEIDESKTOPS$I TNAGEL IDESKTOPIRES 30 EXHIBIT A.DOCX 9/15/2015 STATE OF COLORADO ss. COUNTY OF GRANTEE The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of , 2015, by My commission expires: (SEAL) Notary Public 9/10/15 II VWS-STORAGEIDESKTOPS$I TNAGEL IDESKTOPIRES 30 EXHIBIT A.DOCX 9/15/2015 Wson's 6" GV ■"��■■■■■■■■■■■■■■■ TN. =8330.7 ASPHALT ABANDON HYDRANT AND ♦♦♦ GV PER DETAILS D-06 ♦♦ AND D-07, SHEET C6.0 hi 4W 4W ---- 4 W ♦♦ 4W ♦♦ 4W W 4W ♦: I 4W -4W ♦: I I PROTECTJEX. 2-3" ABANDONMENT 4W (3) 10x4 TEES W/ 4" GV&BS STA: 32+52.71 ♦♦ 1 0x1 0 TEE ♦♦ STA: 32+50.7' CULVERT EX. CROSSING STA: 32+38.9 LOT 8A ♦,� 127 ROCKLEDGE ROAD 10" GV S : 32+27.7 10x6 TEE �♦ 11.25' HORIZ BEND STA: 32+25. ♦♦ STA: 31+67.8 22' ACCESS EASEMENT (SLANT HA TCN AREA) \ l 1p R COORDINATE WITH HOMEWOWNER'S PLUMBING CONTRACTOR TO SWITCH SERVICE FROM EXISTING 2" TO 4" WITHIN MECHANICAL ROOM T. N = 8331.6 (d- 8.0' /_---- 1 (TO BE ABANDONED) EXISTING EASEMENT (TYP) : / °off°� �� t 15.0' INGRESS/EGRESS AND UTILITY EASEMENT (CROSS HA TCH AREA) LOT 7 107 ROCKLEDGE ROAD 0 a 4W LOT 4 103 ROCKLEDGE ROAD 4" GV / _ T•N. =8337.2 (d=5.7) REMOVE EX. 4" GV & CONNECT TO NEW 4 SERVICE FOR 107 ROCKLEDGE ROAD / N STA: 33+04.7 OFF: 6.01/ N >- inc ♦1 U) Z ,� Top of Pipe Elevations WW ." - uj *'0z O INSTALL 2 COPPER TO NEW ~� U) I RaGKLEDGE ROAD 10" WATER SERVICE METER LINE VAULT. - L& U Z W } U TO BE SUPPLIED BY VAIL ASSOCIATES. 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PROJECT NO. 2141 OSO.00 C4.4 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: Town Manager's Report 9/15/2015 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: Second Reading Ordinance No. 11, Series of 2015, Write-in Candidate Affidavit PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 11, Series of 2015, on second reading. BACKGROUND: Ordinance No. 11, Series of 2015, sets forth that a write-in candidate must submit an affidavit of intent with the Town Clerk's Office at least 21 days before the municipal election in order for votes to be counted. The ordinance helps create clarity and context for the election official in counting write-in candidate votes. ATTACHMENTS: Memo Ordinance No. 11, Series of 2015 Ordinance No. 11, Series of 2015 9/15/2015 TOWN OF Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: August 26, 2015 Subject: November Election Administration — Ordinance No. 11, Series of 2015, Affidavit of intent required for write in candidates The Town Council provided direction in May to administer a polling place election for its upcoming November 3rd election. The Town Clerk's Office administers the municipal elections based on laws set forth in Title 31. This ordinance helps address an administrative requirement related to write-in candidates that will clarify which write-in candidates' votes to count. The ordinance sets forth a requirement that write-in candidates must file an affidavit stating their intent to run for office and they are qualified to assume the duties of the office. If this affidavit is filed at least 21 days before the date of the election, the votes cast for that write-in candidate shall be counted. This helps create clarity for the election official in determining which write-in candidates are truly legitimate and interested in running for office. Currently the election official would be required to count any person's name written on a ballot, even Mickey Mouse! Historically there have not been many write-in candidates on Vail's ballot, but if the ordinance passes it will be helpful in creating the context in which to handle write-in candidates in this and future elections. The current nomination petition circulation dates are September 14 through October 2 (beginning 50 days prior to Election Day and ending 30 days prior to Election Day). An affidavit of intent to run as a write-in candidate would be due on October 13 (at least 21 days before the election). Write-in candidates are addressed in C.R.S. §31-10-306 which allows a municipality to include the requirements with the adoption of an ordinance. 9/15/2015 ORDINANCE NO. 11 SERIES 2015 AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 1 OF THE VAIL TOWN CODE, REGARDING WRITE-IN CANDIDATES FOR TOWN OFFICES WHEREAS, pursuant to the Colorado Municipal Election Code and specifically C.R.S. § 31-10-306, the Town Council is authorized to adopt an ordinance providing that no write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the Town Clerk prior to 20 days (at least 21 days) before the date of an election; and WHEREAS, the Town Council finds it in the best interests of the public health, safety and welfare to adopt such an ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The title of Chapter 8 of Title 1 of the Vail Town Code is hereby renamed to be "Elections." Section 2. Chapter 8 of Title 1 of the Vail Town Code is hereby amended by the addition of the following new Section 1-8-3: 1-8-3: WRITE-IN CANDIDATES: In any non -coordinated polling place election conducted under the Colorado Municipal Election Code, C.R.S. § 31-10-101, etseq., no write-in vote for any Town office shall be counted unless an affidavit of intent has been filed with the Town Clerk at least 21 days before the date of the election by the person whose name is to be written in. The affidavit shall be on a form provided by the Town Clerk, and shall state that such person desires the office and is qualified to assume the duties of the office if elected. Section 3. 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. Section 4. 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 thereof. Ordinance No. 11, Series of 2015 1 9/15/2015 Section 5. 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 6. 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 1St day of September, 2015 and a public hearing for second reading of this Ordinance set for the 15th day of September, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of September, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series of 2015 2 9/15/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: Ordinance No. 12, Series of 2015, an Ordinance Amending Section 14-10-7 of the Vail Town Code, regarding Outdoor Lights PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications, or Deny Ordinance No. 12, Series of 2015 on first reading. BACKGROUND: On July 21, 2015, the Vail Town Council held a worksession to discuss the Town's adopted policies and regulations with regard to decorative holiday lights. More, specifically, the Town Council has received complaints that the current policies and regulations, as adopted, may not be adequate to ensure that the goals and objectives of the Town with regard to decorative holiday lights are being achieved. As a result of the worksession, the Vail Town Council instructed staff to prepare an amending ordinance for the Town Council's consideration. STAFF RECOMMENDATION: The Town of Vail Planning & Environmental Commission's recommendation will be forwarded to the Vail Town Council during the presentation of the proposed ordinance at the public hearing on September 15th. ATTACHMENTS: Staff Memorandum Ordinance No. 12, Series of 2015 - 1 st Reading 9/15/2015 0) rowN of VaiL Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 2015 SUBJECT: A request for a recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, amending Section 14-10-7, Vail Town Code, regarding outdoor lights, and setting forth details in regard thereto. (PEC150028) Applicant: Town of Vail Planner: George Ruther DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting the Town of Vail Planning & Environmental Commission (PEC) forwards a recommendation to the Vail Town Council on the prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, amending Section 14-10-7, Vail Town Code, regarding outdoor lights. The purpose of the prescribed amendments is to address several shortcomings identified in the Town's current policy and regulations regarding decorative outdoor lights (a.k.a. "holiday lights"). The shortcomings identified include the following: • The current policy is all decorative holiday lights are exempt from regulation. Such a policy makes them susceptible to unintended consequences of an unregulated approach. • "Decorative holiday lights" is an undefined term in the current regulations. • It is currently unclear as to which holiday or holidays the display of decorative holiday lights is intended to be celebrated. • There is no distinction between mitigating the possible negative impacts resulting from the display of decorative holiday lights in residential areas versus commercial areas. • It is unclear whether "holidays" can be celebrated 24/7/365. With these shortcomings in mind, the Town staff has prepared a draft ordinance for the PEC to consider. The amendments proposed in the draft ordinance attempt to address each of the identified shortcomings and respond to the unintended consequences of an 9/15/2015 unregulated approach. For example, the draft ordinance, if adopted, defines what a "decorative outdoor light" is and places a limitation on when "decorative outdoor lights" can be illuminated. All additional or new regulations are intended to be the minimum amount of regulation and oversight needed to achieve the desired outcome. In the end, the Town of Vail Planning & Environmental Commission is being asked to forward a recommendation of approval, approval with modifications, or denial of the draft ordinance to the Vail Town Council. A copy of draft Ordinance No. 12, Series of 2015, an ordinance amending section 14-10-7 of the Vail Town Code, regarding outdoor lights, has been attached for reference (Attachment A). II. BACKGROUND On July 21, 2015, the Vail Town Council held a worksession to discuss the Town's adopted policies and regulations with regard to decorative holiday lights. More, specifically, the Town Council has received complaints that the current policies and regulations, as adopted, may not be adequate to ensure that the goals and objectives of the Town with regard to decorative holiday lights are being achieved. The Vail Town Council has adopted Outdoor Lighting Regulations to address both the intended and unintended consequences of outdoor lighting in Vail. Adopted in 1980, and more recently updated and amended in 2007, the Regulations were adopted for the following purpose: "This section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and guidelines established in this section are also intended to promote the use of environmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution." The Vail Town Council has adopted a policy for decorative holiday lights. The Town's adopted policy, as further demonstrated by the regulations as adopted, has been to leave decorative holiday lights unregulated as they have been specifically exempted from the application of the Outdoor Lighting Regulations prescribed in Title 14, Chapter 10 of the Zoning Regulations of the Town of Vail. They are exempted from the regulations in both residential and commercial areas. According to the Zoning Regulations, in part, "G. Exemptions: The standards of this section (14-10-7 Outdoor Lights) shall not apply to: Town of Vail Page 2 9/15/2015 1. Decorative holiday lights." This policy is further supported by the Town Council's adopted policy regarding "holiday decorations" as they too are exempt from the Town's adopted Design Review Standards and Sign Regulations. It is clear, that based upon the Town Council's decision to exempt decorative holiday lights and holiday decorations, the Town's policy on such matters is to take a hands off/unregulated approach. When compared to similar resort communities, Vail's decision to essentially not regulate holiday lights is not unique. Most communities exempt, or minimally regulate, holiday lighting as a policy and practice. For those that do, the regulations focus primarily on the time of year when holiday lighting can be displayed (i.e., November 15th — April 15th, annually). III. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the prescribed regulations; and Staff finds the proposed amendments further the general and specific purposes of the zoning regulations by promoting the harmonious development of the Town's villages and neighborhoods while maintaining established community qualities and economic values. Specifically, the proposed amendments will help conserve and maintain established community qualities and economic values as well as safeguard and enhance the appearance of the Town for our guests, visitors and residents. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff believes that the Town's current policy and regulations regarding decorative outdoor lights could be improved. The Town's current policy is to not regulate decorative outdoor lights in the Town of Vail. As adopted and implemented, the current policy could potentially result in unintended consequences counter to the Town's development objectives. As proposed, staff finds the amendments will better implement and better achieve the Town's development goals and objectives as they will be clearer and less vague. In doing so, a minimal approach to the regulations is being taken. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Town of Vail Page 3 9/15/2015 Staff believes that conditions have substantially changed since the original adoption of the current decorative outdoor light policy resulting in a decision to not regulate those types of lights. For example, holiday lights used to come in one of two forms; white or multi -colored. Today, decorative outdoors lights come in a wide range of forms. Lights can be white, multi -colored, LED, programmable, change color and intensity, flashing and blink to the beat of music, etc. Since lights can vary so widely, an unregulated approach is no longer successful. A minimal amount of regulation that is clear, concise and easily enforced is necessary to achieve the Town's desired outcomes and development objectives. Staff believes that the proposed amendments are appropriate and applicable without being overreaching. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff believes this text amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. IV. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments to Section 14-10-7, Vail Town Code, regarding outdoor lights to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section III of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed amendments, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 14, Development Standards, pertaining to the standards for Outdoor Lighting, and setting forth details in regard thereto to the Vail Town Council." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed amendments, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 4 9/15/2015 "Based upon the review of the criteria outlined in Section 111 of this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " V. ATTACHMENT A. A copy of draft Ordinance No. 12, Series of 2015, an ordinance amending section 14-10-7 of the Vail Town Code, regarding outdoor lights. Town of Vail Page 5 9/15/2015 ORDINANCE NO. 12 SERIES OF 2015 AN ORDINANCE AMENDING SECTION 14-10-7 OF THE VAIL TOWN CODE, REGARDING OUTDOOR LIGHTS 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 Vail Town Charter; WHEREAS, the Vail Town Council instructed the Town staff to prepare a report summarizing the Town's adopted policy and regulations pertaining to decorative outdoor lights; WHEREAS, on July 21, 2015, the Town staff presented its report and identified a number of shortcomings of the Town's adopted policy and regulations and shared potential options for further the adopted policy and regulations; WHEREAS, the Vail Town Council instructed the Town staff to proceed with proposed a proposed text amendment regarding decorative outdoor lights; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed text amendment and has submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds it in the interest of the public health, safety, and welfare to amend Section 14-10-7 of the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 14-10-7 of the Vail Town Code is hereby amended as follows: 14-10-7: OUTDOOR LIGHTS LIGHTING: A. Purpose: This Section establishes standards and guidelines for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of these standards and guidelines to allow the minimum amount of lighting needed for the property on which the light sources are located, while protecting the legitimate privacy of neighboring properties. The standards and 9/15/2015 guidelines established in this Section are also intended to promote the use of enyurenmentally sensitive and energy efficient lighting technologies, and to promote "dark sky" lighting fixtures and installation techniques to reduce light pollution. B. Applicability: Except as provided elsewhere in this title, the design, placement, and use of all outdoor lights lighting within the Town limits shall conform to the standards and guidelines as set forth in this section. Decorative outdoor lights shall not be subject to design review. C. Definitions: FULL CUTOFF: Light fixtures that do not emit light above the horizontal plane of the light source. DECORATIVE OUTDOOR LIGHT: A type of outdoor light that is decorative in nature commonly illuminated during the winter season. An example is Christmas tree lights. DECORATIVE OUTDOOR LIGHT AREA MAP: A map identifying residential areas and commercial areas adopted by ordinance of the Vail Town Council (attached to the ordinance codified herein, and available for inspection in the office of the town clerk) for the purpose of administering the decorative outdoor light regulations. LIGHT SOURCE: A single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. LOW DENSITY RESIDENTIAL PROPERTIES: For the purposes of this section, properties with no more than three (3) dwelling units or employee housing units. MULTIPLE -FAMILY AND COMMERCIAL PROPERTIES: For the purposes of this section, those with four (4) or more dwelling units or employee housing units, commercial uses, or mixed uses. OUTDOOR LIGHT: Any light source, or collection of light sources, located outside a building, including, but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on freestanding poles, eXGluding holiday 4g4#&. D. Lightin Regulations: 1. Quantity of Light Fixtures: The maximum number of outdoor lights aces for all properties is subject to the requirements of the adopted building codes and design review. For low density residential properties, the maximum number of outdoor lights comae per lot shall be limited to one outdoor light per one thousand (1,000) square feet of lot area. Lights 9/15/2015 S^�eS which are no more than eighteen inches (18") above grade, as measured from the top of the fixture to the finish grade below, and are full cutoff fixtures, may be allowed in addition to the total number of permitted outdoor lights c^ fees. Decorative outdoor lights shall be exempt from this subsection. 2. Height Limits forLight Fixtures: Outdoor lights affixed to a structure shall not exceed the height of the roof eaves, other than decorative outdoor lights. The maximum mounting height for light sources on a pole, other than decorative outdoor lights, shall not exceed twenty feet (20'). Decorative outdoor lights shall not exceed forty-three feet (43') in height, measured from existing grade. 3. Full Cutoff: All outdoor lights shall be fully cut off to not emit light above the horizontal plane of the light source. Outdoor lights must be Illuminating Engineering Society (IES) "full cutoff' class, International Dark -Sky Association (IDA) approved, or have similarly recognized verification of being full cutoff. Lights must be installed and maintained in such a manner that the full cutoff is effective. Exceptions: The following outdoor lights may be non -full cutoff: a. Uplighting fully contained by an overhanging building element that prevents the light from emitting upward to the sky, when the light source is shielded from the sides. b. Uplighting for flags when the light source is shielded from the sides. C. Lights with a gas flame as the sole light source. d. Lights specifically recommended by the Vail comprehensive plan. e. Decorative outdoor lights. 4. LightiRg Direction: All outdoor lights lightiRg shall be directed at the object intended to be illuminated and away from adjacent properties and public ways. Outdoor lights shall be directed downward, unless contained by overhanging building or landscape elements with the light source shielded from the sides. Uplighting is allowed for flags when the light source is shielded from the sides. Decorative outdoor lights shall be exempt from this subsection. 5. Energy Efficiency: All outdoor lights lighting shall comply with the Town's adopted energy conservation code. 6. Time: Decorative outdoor lights may only be illuminated in the Residential Areas described on the Decorative Outdoor Light Areas 9/15/2015 Map between November 15 and May 15 and between the hours of 4:00 p.m. and 11:00 p.m. (local time). E. 'fig Guidelines: 1. Compatibility: All outdoor lights ligh+iRg fivtUroc fixture locations, and the color and intensity on the lighting should be aesthetically compatible with the site and structures on which they are located, the character of the surroundings, and with Vail's environment. Outdoor lights lighting must also be consistent with any applicable design guidelines outlined in the Vail comprehensive plan. Decorative outdoor lights shall be exempt from this subsection and shall not be subject to design review. 2. Light Pollution: All outdoor lights should be designed, installed, and maintained to minimize the contribution of outdoor lighting to nighttime light pollution. Examples of low light pollution fixtures are available from lighting manufacturers and organizations such as the International Dark- Sky Association (IDA). Decorative outdoor lights shall be exempt from this subsection. 3. Energy Efficiency: Outdoor lights lightiRg should use the least number of light sources necessary to achieve the safety and aesthetic purposes for the lighting. Outdoor lights fighting should utilize energy efficient light sources of the lowest wattage feasible, and utilize energy efficient technologies. Outdoor lights lightiRg should also be operated and maintained to eliminate any unnecessary daytime use and to reduce nighttime use during nonbusiness hours and periods of limited residential activity. Decorative outdoor lights shall be exempt from this subsection. F Prehobn Outdoor Lights Prohibited: 1. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation. Decorative outdoor lights shall be exempt from this provision. 2. Lights affixed to the top of the roof of a structure. Decorative outdoor lights shall be exempt from this provision. 3. Neon, or similar gas filled, lights. 4. Laser source lights. 5. Searchlights. 6. Lights attached to vegetation, except decorative holiday outdoor lights in compliance this Chapter. 9/15/2015 7. Any lights lighting that could interfere with the public health, safety, or welfare. G. Exemptions: The standards of this Section shall not apply to: 1 D8GGrateve holiday lights. Decorative outdoor lights installed by the Town on public property. 2. Sign illumination, as set forth in Title 11 of this code. 3. Official government lighting, other than those owned and maintained by the Town of Vail, installed for the benefit of public health, safety, and welfare. 4. Outdoor lights associated with an approved special events permit. 5. Outdoor lights associated with an art in public places board (AIPP) approved public art display. 6. Temporary construction zone work lighting associated with an approved building permit or design review approval (construction zone security and egress lights are not exempt from the provisions of this section). 7. Lighting identifying hazards or road construction. 8. Decorative outdoor lights in the Commercial Areas described on the Decorative Outdoor Light Areas Map. H. Violations: Violations of this Section shall be punished by a fine not to exceed $100 per day. I. Non -conforming? Grandfather Provision? 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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, 9/15/2015 nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of September, 2015 and a public hearing for second reading of this Ordinance set for the 6th day of October, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andy P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of October, 2015. Andy P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 9/15/2015 0 Decorative Outdoor Light Areas Map West Vail 1,76 CFF PAA, F. F11 ■ 'IN FO Cn 0 - M0 -01p� This map—C-11. 0 b, Iha, TO -el Vad GIST T Id 1, 11--1 .......n..11) .datum! N -011,r . .... .... iM,, 0 Properties Exempt from Decorative Outdoor Light Regulations 9/15/2015 TOWN OT V�Ah �T Ordinance 12, Series of 2015 Adopted OdoWi-6.2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: First Reading of Ordinance No. 13, Series 2015: Columbine Drive Right of Way Land Transfer PRESENTER(S): Tom Kassmel, Public Works Engineer ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 13, Series 2015 BACKGROUND: A Portion of Columbine Drive currently encroaches on Lot 14 of the Bighorn Subdivision. The property is currently undergoing redevelopment. In order to rectify the encroachment, the property owner and staff have discussed a land transfer, where the Town would receive the portion of property that Columbine Drive encroaches upon and the property owner would receive an equal portion of property along Lupine Drive also adjacent to Lot 14. STAFF RECOMMENDATION: Approve Ordinance No. 13, Series 2015 ATTACHMENTS: Memo Ordinance 13 Exhibits 9/15/2015 rowN OF vain Memorandum To: Town Council From: Public Works Department Date: 9-15-15 Subject: Ordinance No. 13: Columbine Drive Right of Way Land Transfer I. SUMMARY The property owner of Lot 14, Bighorn Subdivision, 4096 Columbine, Mr. Brian Stockmar, has recently redeveloped his residence at the corner of Columbine Drive and Lupine Drive. During the review of his redevelopment it was identified that Columbine Drive encroached substantially onto his property. Staff has worked with Mr. Stockmar to come up with an amenable solution and to transfer equal portions of property in order to keep Columbine Drive in its current location and in Town Right of Way. The land transfer includes a transfer of two parcels of equal size. Since Lot 14 is on the corner of Columbine Drive and Lupine Drive, excess Right of Way along Lupine Drive adjacent to Lot 14 can be transferred to Mr. Stockmar. The transfer will more specifically transfer 653 square feet of Mr. Stockmar's property to the Town of Vail as road Right of Way for Columbine Drive, and also transfer 653 square feet of existing Right of Way along Lupine Drive to Mr. Stockmar. (See attached Exhibits & Photos) Town staff recommends that Town Council approve the land transfer by approving Ordinance No. 13. II. ATTACHEMENTS Photos & Maps Ordinance No. 13 Land Swap Exhibits 9/15/2015 I. Page 2 9/15/2015 r ��IT ,4't. r Maal Lot 14, Bighorn Subdivision, 4096 Columbine Drive Town of Vail Page 3 9/15/2015 :�ti ,'� �� .fir .�r, �� +� r •�� y,j�f.t lotto -. ,' �� Ems. � " �• •� ��x' ii ��• a1 Photo of property to be transferred to Lot 14 (--5.6'x-124' to the left of red line (653 SF)) Town of Vail Page 4 9/15/2015 Or Photo of property to be transferred to the Town of Vail (Area shaded in red (653 SF)) Town of Vail Page 5 9/15/2015 ORDINANCE NO. 13 SERIES 2015 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY ALONG LUPINE DRIVE, IN EXCHANGE FOR THE PURCHASE OF REAL PROPERTY ALONG COLUMBINE DRIVE WHEREAS, the Town has discovered that a portion of Columbine Drive near the intersection of Columbine Drive and Lupine Drive encroaches onto private property; WHEREAS, to correct this issue, the Town and J. Brian Stockmar, the owner of Lot 14, Bighorn Subdivision, have agreed to a land exchange, subject to approval of the Town Council; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference to J. Brian Stockmar, in exchange for the purchase of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, is in the best interest of the public health, safety and welfare; and WHEREAS, based on information received from Town staff, the Town Council finds and determines that the fair market value of the Exhibit A property is roughly equivalent to the fair market value of the Exhibit B property, and therefore, an even exchange is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to J. Brian Stockmar, in exchange for the purchase by the Town of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, pursuant to the terms of a purchase and sale agreement between the parties in a form approved by the Town Attorney. No consideration other than the exchange of the two parcels of real property shall be necessary. 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. 1 9/10/2015919/2815 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE TRANSFER-0090915- FINAL.DOC 9/15/2015 Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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 15th day of September, 2015 and a public hearing for second reading of this Ordinance set for the 6th day of October, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of October, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 2 9/10/2015919/2815 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE TRANSFER-0090915- FINAL.DOC 9/15/2015 9/15/2015 (50' R•O•W•) LUPINE DRIVE =64'03'39" R=60.00' SET No. 5 REBAR WITH AREA ADDED TO A 1 }" ALUMINUM CAP L=67.08' LOT 14A P.L.S. No. 30091 ChB=S65'06'10"E PER DEED RECORDED c o„ ChL=63.64, ------ E — 99.32' N 82'5200" N 10'08'54" W — 5.62' o os,.."< 9 _ N 82 52'00" E — 14.05 _ — o"°"_ AREA ADDED TO COLUMBINE DRIVE c �—AND LUPINE DRIVE PER SET No. 5 REBAR WITH DEED RECORDED A 1 k' ALUMINUM CAP \ P.L.S. No. 30091 \ DRAINAGE AND GRADING EASEMENT (CREATED BY THIS PLAT) SET No. 5 REBAR WITH A 1 k" ALUMINUM CAP O \ P.L.S. No. 30091 S 33'04'21" E — 61.76' N 61'26'46" E S 28'33'14" E — 15.75' LOT 14A 30.80' 0.4056 ACRES N 61'39'30 " E 4096A I 18.68' LOT 13 & O O PARLANDSCAPING KING EASEMENT SET No. 5 REBAR WITH CREATED BY THIS PLAT V A ) A 1 �" ALUMINUM CAP P.L.S. No. 30091 �. I N 16'25'20" E — 2.94' CO! I PROPERTY LINE FOLLOWS CENTER OF PARTY WALLO 676 N 61'26'46' E10 S 2833'14" E O N 3.00' 1275 1 OUTLINE OF�I\ DUPLEX STRUCTURE �O„ S 28'33'14" E – 0.9`22'' / \A 'S900 ' / LO A ' -79.26-45-9. N 1' S 17.11'27"E N./6n9 r. 28.18' Z iy 56 \ FOUND No. 4 REBAR WITH R=500550 A 1 }" YELLOW PLASTIC CAP \ \ P.L.S. No. 4974 £ c� L=7.83' i ChB=57327'35 E S 28'20'30" E ChL=7.06' 5 �\ \�. o• 5.26' rn\ LOT 14B 0.3196 ACRES \ / 'S $ LOT 12 ACCESS EASEMENT 40968 \ (CREATED BY THIS PLAT, \ OQ SEE NOTE _) O N 4356'03" W – 23.22' \ 21y r s LOT 15 R x GRAPHIC SCALE FOUND No. 4 REBAR WITH zo o io zo �o eo A 1}" YELLOW PLASTIC CAP P.L.S. No. 4974 (25' WITNESS CORNER) ( IN FEET ) 1 inch. = 20 ft 9/15/2015 EXHIBIT LUPINE DRIVE, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO N 10°08'54" W N 82°52'00" E \\=24°59'20" INE �RI�E R=60.00' LU P -L=26.17' ChB=S84°38'20"E ChL=25.96' - 5.62' N 82°5200" E - 99.32' _-� - 14.05'W _ 124.37 0- S 82°5200 � 0 �I TRUE POINT OF BEGINNING \ G� POINT OF BEGINNING \ I NORTHWESTERLY CORNER LOT 14 � LOT 14 �� O i SCALE: 1 " = 50' 30091 Z: O /20/2015J� ,'••�. •..- tii� VAL LA140 I j Gore Range Surveying, LLC R.0 Box 15 Avon, CO 91620 (970)479-96M • fax (9701479-0955 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LUPINE DRIVE, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LUPINE DRIVE, SAID POINT BEING THE NORTHWESTERLY CORNER OF LOT 14, BIGHORN SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY N82°52'00"E 14.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY BOUNDARY N10°08'54"W 5.62 FEET; THENCE N82°52'00"E 99.32 FEET; THENCE 26.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 24°59'20" AND A CHORD WHICH BEARS S84°38'20"E 25.96 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF LUPINE DRIVE; THENCE ALONG SAID SOUTHERLY BOUNDARY S82°52'00"W 124.37 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. 9/15/2015 EXHIBIT LOT 14, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LUp�NE ERNE N 82°52'00" E - 34.33' TRUE POINT OF BEGINNING --_11 _ 138.41 N 82°52' 00 I= 39°04'19" I POINT OF BEGINNING R=60.00' I NORTHWESTERLY CORNER LOT 14 L=40.92' I ChB=N52°36'30"W I I Ch L= 40.13' I I N 33°04'21" W - 61.76' II I LOT 14 I SCALE: 1" = 50' Gare Range Surveying, LLC �--j?o Bax 35 Avon, Co Sim (970) 474.8599 • fax (470) 474.4955 PARCEL DESCRIPTION: A=23°33'16" R=125.00' L= 51.39' ChB=S16°33'52"E ChL=51.03' 28°20'30" E - 35.76' A PARCEL OF LAND SITUATED IN A PART OF LOT 14, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14 N82°52'00"E 138.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N82°52'00"E 34.33 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 14 51.39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 23°33'16" AND A CHORD WHICH BEARS S16`33'52"E 51.03 FEET; THENCE S 28°20'30"E 35.76 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY OF SAID LOT 14 N33°04'21"W 61.76 FEET; THENCE 40.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 39°04'19" AND A CHORD WHICH BEARS N52°36'30"W 40.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. 9/15/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 15, 2015 ITEM/TOPIC: Adjournment ( 7:00 p.m.) 9/15/2015