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HomeMy WebLinkAbout2017-05-16 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, May 16, 2017 TOM Of UAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Award 2.1. Town of Vail Youth Recognition Award Presenter(s): Scott O'Connell, Vail Recreation District Background: Each year the town of Vail works with both the Vail Mountain School and Battle Mountain High School to identify Vail students who excel in academics, sports, arts and community service. 3. Appointments for Boards and Commissions 3.1. Appointments to Local (Liquor) Licensing Authority Presenter(s): Dave Chapin, Mayor Action Requested of Council: The Town Council will make three appointments for two-year terms to the Vail Local Licensing Authority. Applicants were interviewed during the afternoon meeting. 4. Consent Agenda 4.1. Resolution No. 19, Series of 2017, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Public Health and Environment Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard Thereto 4.2. Minutes from April 4, 2017 meeting 4.3. Minutes from April 18, 2017 meeting 5 min. 5 min. 5 min. May 16, 2017 - Page 1 of 74 4.4. Minutes from April 19, 2017 Special Meeting 4.5. Minutes from April 20, 2017 Special Meeting 4.6. Minutes from April 26, 2017 Special Meeting 5. Town Manager Report 6. Presentations / Discussion 6.1. USFS Trail Management and Booth Falls Trail Update 30 min. Presenter(s): Aaron Mayville, USFS and Craig Bettis, Police Commander Background: Last summer there was a significant parking problem at the Booth Creek Falls Trailhead with cars parked along both sides of the roadway and on the Frontage Road. Construction at Vail Mountain School last summer exacerbated these problems. The United States Forest Service will provide an update on trail management and Town staff will update on the actions being taken for this summer. Staff Recommendation: Listen to presentation and provide feedback to the staff and USFS 6.2. Gore Creek Education and Outreach Program Update Presenter(s): Peter Wadden, Watershed Education Coordinator Action Requested of Council: Staff requests the Vail Town Council participate in the discussion and ask any pertinent questions. Background: The Restore the Gore Strategic Plan (the "Plan") was adopted by Resolution 9, Series of 2016 on March 15, 2016. The Plan identifies five major strategies required to bring about the desired improvements in Gore Creek water quality and aquatic life. Education and Outreach is the first of those five strategy areas. Under the umbrella of Education and Outreach the Plan identifies five action areas: • Water Quality Literacy • Municipal Maintenance and Management Practices • Management of Creekside Landscapes • Commercial Activities • Online Information and Resources This presentation will review programs and projects completed, underway, and upcoming in 2017. Staff Recommendation: As this an update to the Town Council, there is no staff recommendation at this time. 7. Adjournment 7.1. Adjournment 7:30 pm 30 min. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website May 16, 2017 - Page 2 of 74 www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. May 16, 2017 - Page 3 of 74 TOWN Of UAJL VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Youth Recognition Award PRESENTER(S): Scott O'Connell, Vail Recreation District BACKGROUND: Each year the town of Vail works with both the Vail Mountain School and Battle Mountain High School to identify Vail students who excel in academics, sports, arts and community service. ATTACHMENTS: Description Youth Recognition Criteria Memorandum May 16, 2017 - Page 4 of 74 MEMORANDUM TO: Marisa Ferrara, Vail Mountain School Mark Fitzwater, Battle Mountain High School FROM: Scott O'Connell Town of Vail Youth Recognition Award Selection Committee DATE: April 11, 2017 RE: Vail Youth Recognition Award The Town of Vail has created an annual Vail Youth Recognition Award to be given to a qualified recipient, one each from Battle Mountain High School and the Vail Mountain School. Listed below are the basic components for this award: I. Purpose II. Organization III. Criteria IV. Process V. Award I. PURPOSE: The purpose of the award is to recognize and reinforce outstanding achievement by youth of the Upper Eagle Valley, both for their individual achievements and as role models for their peers. The Vail Town Council created this award to acknowledge and reward students from our community schools. II. ORGANIZATION: The Town of Vail will solicit recipients from the administration/ faculty of both Battle Mountain and the Vail Mountain School. Each school's administration/faculty should nominate one student and be personally aware of the nominated student's achievements and citizenship efforts. The Vail Town Council must then accept the nominee The student nominated from each school should be a resident of the Town of Vail. In the event a qualified applicant from within the Town of Vail boundaries cannot be proposed by the school, consideration will be given to an 1 lth grader within the RE50J school district and attending Battle Mountain High School or the Vail Mountain School. III. CRITERIA: It is extremely important that the school select a candidate who has fulfilled all the criteria to the highest degree. The Council feels this is a special award and the criteria will be strongly adhered to in the review process. It is important the nominee have enough life experience to have distinction in several areas, not just one or two. All Council members must be in agreement that the candidate fulfills all criteria. Therefore, the more information submitted, May 16, 2017 - Page 5 of 74 especially supplemental information such as newspaper clippings, copies of awards, statements from other individuals, and so on, the better. a. The applicant must be a resident of the Town of Vail and a resident of the Eagle County School District enrolled either as an 11th grader at either Battle Mountain or the Vail Mountain School as a full-time student. In the event an appropriate candidate from within the Town of Vail boundaries cannot be found, consideration will be given to a full-time student who is a resident in RE50J. b. In addition to academic excellence, the applicant shall have accomplished something special through athletics, civic activities, fine or the performing arts. c. The applicant must exemplify ideals that set standards for other students in all facets of their lives. d. The applicant cannot be older than nineteen (19) years of age. IV. PROCESS: Candidate nominations (one from each school) must be received based on the criteria supplied by the Vail Town Council. Based on these applications, the school will present its nomination to the Youth Recognition Award Selection Committee. The school's nomination must be received by the committee no later than 5:00 p.m. on Friday, May 5th, 2017. A representative of the Committee will then review the candidates and grant final approval prior to notification of the recipient. Applications may be mailed, hand -delivered or arrangements can be made for a representative to pick up the application from your respective school. Mail or drop off applications to: Scott O'Connell Town of Vail Youth Award Selection Committee 75 S. Frontage Road Vail, CO 81657 Or, contact Scott O'Connell directly for pick up at (970) 390-9731 V. AWARD: Awards will consist of engraved plaques bearing the recipients names to be placed on permanent display in the Vail Municipal Building, as well as a $1,000 scholarship to the college or university of their choice. The Award will be presented to the recipients by a member of the Town of Vail's Youth Recognition Award selection committee at the recipient's annual school awards ceremonies each spring. Additionally, the award designees will be introduced to the community and recognized by the Town Council at an evening Vail Town Council meeting tentatively scheduled for May 16th 2016. 2 May 16, 2017 - Page 6 of 74 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Appointments to Local (Liquor) Licensing Authority PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: BACKGROUND: The Town Council will make three appointments for two-year terms to the Vail Local Licensing Authority. Applicants were interviewed during the afternoon meeting. May 16, 2017 - Page 7 of 74 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 19, Series of 2017, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Public Health and Environment Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 19, Series od 2017 May 16, 2017 - Page 8 of 74 RESOLUTION NO. 19 Series of 2017 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT REGARDING STATE NONPOINT SOURCE MANAGEMENT PROGRAM; 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 United States Environmental Protection Agency has awarded federal funds to provide support to the state of Colorado (the "State") to implement its State Nonpoint Source Management program developed under the Clean Water Act; WHEREAS, the Town desires to construct Best Management Practices at the public works facility to reduce nonpoint source pollutant loading to Gore Creek; WHEREAS, the Town and the State would like to enter into an Intergovernmental Agreement (the "Agreement") formalizing the responsibilities of both Parties to receive federal funds for allowable and allocable expenses; and WHEREAS, the Council finds and determines that the Agreement will promote the health, safety, morals, and general welfare of the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement with the State 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 16th day of May, 2017. Dave Chapin, Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 19, Series 2017 May 16, 2017 - Page 9 of 74 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CMS RC)UTING NO. 18 FEGA 99113 INTERGOVERNMENT CONTRACT STATE: State of Colorado for the use & benefit of the Department of Public Health and Environment Water Quality Control Division 4300 Cherry Creek Drive South Denver, CO 80246 CONTRACT MADE DATE: 4/13/2017 CORE ENCUMBRANCE NUMBER: CT FAAA 201800000172 TERM: This contract shall be effective upon approval by the State Controller, or designee, or on 7/1/2017, whichever is later. The contract shall end on 1/31/2019. PROCUREMENT METHOD: RFA 2415 BID/RFP/LIST PRICE AGREEMENT NUMBER: LAW SPECIFIED VENDOR STATUTE: STATE REPRESENTATIVE: Tamara Allen Nonpoint Source Unit Manager Water Quality Control Division 4300 Cherry Creek Drive South Denver, CO 80246 CONTRACTOR: Town of Vail 75 S. Frontage Rd Vail, CO 81657 CONTRACTOR DUNS: 100663637 CONTRACTOR ENTITY TYPE: Political Subdivision BILLING STATEMENTS RECEIVED: Quarterly STATUTORY AUTHORITY: CLASSIFICATION: >select one< CONTRACT PRICE NOT TO EXCEED: $135,125.00 FEDERAL FUNDING DOLLARS: $135,125.00 STATE FUNDING DOLLARS: $0.00 OTHER FUNDING DOLLARS: $0.00 Specify "Other": MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR: FY18-19: $135,125.00 PRICE STRUCTURE: Cost Reimbursement CONTRACTOR REPRESENTATIVE: Kristen Bertuglia 75 S. Frontage Rd Vail, CO 81657 970-447-3455 PROJECT DESCRIPTION: This project serves to improve water quality by implementing best management practices to reduce chemical and sediment loading near a public works facility site adjacent to Gore Creek near Vail, Colorado. Contract Template Inter Governmental 121516.docx Page 1 of 18 May 16, 2017 - Page 10 of 74 EXHIBITS: The following exhibits are hereby incorporated: Exhibit A - Additional Provisions Exhibit B - Statement of Work Exhibit C - Budget COORDINATION: The State warrants that required approval, clearance and coordination has been accomplished from and with appropriate agencies. Section 29-1-203, C.R.S., as amended, encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with each other to the fullest extent possible to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting entities. APPROVAL: In no event shall this contract be deemed valid until it shall have been approved by the State Controller or his/her designee. PROCUREMENT: All State of Colorado contracts with its political subdivisions and other governmental entities are exempt from the State of Colorado's personnel rules and procurement code. PRICE PROVISIONS: Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services and/or deliverables. The liability of the State at any time for such payments shall be limited to the encumbered amount remaining of such funds. Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Contract Template Inter Governmental 121516.docx Page 2 of 18 May 16, 2017 - Page 11 of 74 GENERAL PROVISIONS The following clauses apply to this contract. In some instances, these general clauses have been expanded upon in other sections/exhibits of7to this contract. To the extent that other provisions of the contract provide more specificity than these general clauses, the more specific provision shall control. 1. Governmental Immunity. Notwithstanding any other provision to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et.seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101 et.seq. CRS and the risk management statutes, Section 24-30-1501, et.seq, CRS as now or hereafter amended. 2. Available Funds Contingency a. Available Funds. The State is prohibited by law from making commitments beyond the term of the State's current fiscal year; therefore, Contractor's compensation beyond the State's current Fiscal Year is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions. Payments pursuant to this Contract shall be made only from available funds encumbered for this Contract and the State's liability for such payments shall be limited to the available amount remaining of such encumbered funds. In the event that state funds become unavailable for this Contract, as determined by the State, the State may immediately terminate this Contract or amend it accordingly. b. Federal Funds Contingency. Payment pursuant to this contract, if in federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable, as determined by the State, the State may immediately terminate this contract or amend it accordingly without liability including liability for termination costs. 3. Billing Procedures. The State shall establish billing procedures and requirements for payment due the Contractor in providing performance pursuant to this contract. The Contractor shall comply with the established billing procedures and requirements for submission of billing statements. The State shall comply with CRS 24- 30-202(24) when paying vendors upon receipt of a correct notice of the amount due for goods or services provided hereunder. 4. Exhibits - Interpretation. Unless otherwise stated, all referenced exhibits are incorporated herein and made a part of this contract. Unless otherwise stated, the terms of this contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the Special Provisions of this Contract; 2) the Additional Provisions Exhibit A and its attachments if included; 3) the Contract (other than the Special Provisions); 4) the RFP if applicable and attached; 5) the Scope/Statement of Work Exhibit B and its attachments if included; 6) the Contractor's proposal if applicable and attached; 7) other exhibits/attachments in their order of appearance. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum standards of performance that the Contractor must meet under this Contract. If the Contractor's Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work Exhibit B, establish or create standards of performance greater than those set forth in the RFP, then the Contractor shall also meet those standards of performance under this Contract. 5. Notice and Representatives. For the purposes of this contract, the representative for each party is as designated herein. Any notice required or permitted may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address provided, and if sent by mail it is effective when posted in a U.S. Mail Depository with sufficient postage attached thereto. Notice of change of address or change or representative shall be treated as any other notice. Contract Template Inter Governmental 121516.docx Page 3 of 18 May 16, 2017 - Page 12 of 74 6. Contractor Representations - Qualifications/Licenses/Approvals/Insurance. The Contractor certifies that, at the time of entering into this contract, it and its agents have currently in effect all necessary licenses, certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract in the state of Colorado. Proof of such licenses, certifications, approvals, insurance, etc. shall be provided upon the State's request. Any revocation, withdrawal or non -renewal of necessary license, certification, approval, insurance, etc. required for the Contractor to properly perform this contract, shall be grounds for termination of this contract by the State. Contractor certifies that it is qualified to perform such services or provide such deliverables as delineated in this contract. 7. Legal Authority. The Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and bind the Contractor to its terms. The person(s) executing this contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this contract. 8. Insurance — Contractor. The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act (CGIA), section 24-10-101, et seq., C.R.S., as amended. Therefore, at all times during the initial term of this Contract, and any renewals or extensions hereof, the Contractor shall maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. If requested by the State, the Contractor shall provide the State with written proof of such insurance coverage. 9. Rights in Data, Documents and Computer Software or Other Intellectual Property. All intellectual property including without limitation, databases, software, documents, research, programs and codes, as well as all, reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by the Contractor in the performance of its obligations under this contract shall be the exclusive property of the State. Unless otherwise stated, all such material shall be delivered to the State by the Contractor upon completion, termination, or cancellation of this contract. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of the Contractor's obligations under this contract without the prior written consent of the State. All documentation, accompanying the intellectual property or otherwise, shall comply with the State requirements which include but is not limited to all documentation being in a paper, human readable format which is useable by one who is reasonably proficient in the given subject area. Software documentation shall be delivered by Contractor to the State that clearly identifies the programming language and version used, and when different programming languages are incorporated, identifies the interfaces between code programmed in different programming languages. The documentation shall contain source code which describes the program logic, relationship between any internal functions, and identifies the disk files which contain the various parts of the code. Files containing the source code shall be delivered and their significance to the program described in the documentation. The documentation shall describe error messages and the location in the source code, by page, line number, or other suitable identifier, where the error message is generated. The Contractor warrants that the delivered software will be sufficiently descriptive to enable maintenance and modification of the software. The State's ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works. If any material is produced under this Contract and the parties hereto mutually agreed that said material could be copyrighted by Contractor or a third party, then the State, and any applicable federal funding entity, shall, without additional cost, have a paid in full, irrevocable, royalty free, and non-exclusive license to reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any purpose authorized by the Copyright Law of the United States as now or hereafter enacted. Upon the written request of the State, the Contractor shall provide the State with three (3) copies of all such copyrightable material. 10. Confidential or Proprietary Information. Subject to the Public (Open) Records Act, section 24-72- 101, et seq., C.R.S., as amended, if the Contractor obtains access to any records, files, or other information of the State in connection with, or during the performance of, this Contract, then the Contractor shall keep all such records, files, or other information confidential and shall comply with all laws and regulations concerning the confidentiality of all such records, files, or information to the same extent as such laws and regulations apply to the State. Contractor shall protect the confidentiality of all information accessed, used, Contract Template Inter Governmental 121516.docx Page 4 of 18 May 16, 2017 - Page 13 of 74 held, created or received in connection with this Contract and shall insure that any subcontractors or agents of Contractor protect the confidentiality of all information under this Contract. Contractor shall access, use and disclose confidential information only for the operation and administration of the Contract, and shall not directly or indirectly disclose confidential information after the term of the Contract. Contractor shall implement appropriate safeguards as are necessary to prevent accidental or unauthorized use or disclosure of confidential information and shall maintain a comprehensive written information privacy and security program that includes administrative, technical and physical safeguards for maintaining and transmitting electronic confidential information. Contractor shall promptly notify the State if Contractor breaches the confidentiality of any information covered by this Contract. Any breach of confidentiality by the Contractor, or third party agents of the Contractor, shall constitute good cause for the State to cancel this Contract, without liability to the State. Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the Contractor. The Contractor must identify to the State the information that it considers confidential or proprietary. This is a continuing obligation. Confidential or proprietary information for the purpose of this paragraph is information relating to Contractor's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information lawfully obtained by third parties, information which is in the public domain, or information which is or could have been acquired/developed independently by the State or a third party. Notwithstanding the foregoing, the State shall not be in violation of its obligations under this section should it disclose confidential information if such disclosure is, in the sole opinion of the State's legal counsel, required by applicable law and/or legal process (including, but not limited to, disclosures required pursuant to the Colorado (Open) Public Records Act, sections 24-72-201, et. seq, C.R.S., as now or hereafter amended). The State shall endeavor to provide notice to the Contractor, as promptly as practicable under the circumstances, of any demand, request, subpoena, court order or other action requiring such disclosure, in order to afford Contractor the opportunity to take such lawful action as it deems appropriate to oppose, prevent or limit the disclosure, solely at its own instance and expense; but nothing herein shall be construed to require the State to refuse or delay compliance with any such law, order or demand. 11. Records Maintenance, Performance Monitoring & Audits. The Contractor shall maintain a complete file of all records, documents, communications, and other materials that pertain to the operation of the program/project or the delivery of services under this contract. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. The Contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in accordance with this contract. Except as provided by law, no information in possession of the Contractor about any individual constituent shall be disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, guardian, or the State. The Contractor shall have written policies governing access to, duplication and dissemination of, all such information and advise its agents, if any, that they are subject to these confidentiality requirements. The Contractor shall provide its agents, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. The Contractor authorizes the State, the federal government or their designee, to perform audits and/or inspections of its records, at any reasonable time during the term of this contract and for a period of six (6) years following the termination of this contract, to assure compliance with the state or federal government's terms and/or to evaluate the Contractor's performance. Any amounts the State paid improperly shall be immediately returned to the State or may be recovered in accordance with other remedies. All such records, documents, communications, and other materials shall be the property of the State unless otherwise specified herein and shall be maintained by the Contractor in a central location as custodian for the State on behalf of the State, for a period of six (6) years from the date of final payment or submission of the final federal expenditure report under this contract, unless the State requests that the records be retained for a longer period, or until an audit has been completed with the following qualification. If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the six (6) year period, or if audit findings have not been resolved after a six (6) year period, the materials shall be retained until the resolution of the audit findings. Contract Template Inter Governmental 121516.docx Page 5 of 18 May 16, 2017 - Page 14 of 74 The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on-site verification, formal audit examinations, or any other procedures as deemed reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere with contract work. 12. Taxes. The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. 39- 26-114(a) and 203, as amended]. The Contractor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions the vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or use taxes will not be reimbursed by the State. 13. Conflict of Interest. During the term of this contract, the Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the Contractor fully performing his/her obligations under this contract. Additionally, the Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Thus, the Contractor agrees to refrain from any practices, activities or relationships which could reasonably be considered to be in conflict with the Contractor's fully performing his/her obligations to the State under the terms of this contract, without the prior written approval of the State. In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be grounds for termination of the contract. Further, the Contractor, and its subcontractors or subgrantees, shall maintain a written code of standards governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent of the Contractor, subcontractor, or subgrantee shall participate in the selection, or in the award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of the employee's immediate family; c. The employee's partner; or d. An organization which employees, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The Contractor's, subcontractor's, or subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractor's potential contractors, or parties to subagreements. 14. Inspection and Acceptance (Services) and Contractor Warranty. The State reserves the right to inspect services provided under this contract at all reasonable times and places during the term of the contract. "Services" as used in this clause includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform to contract requirements, the State may require the contractor to perform the services again in conformity with contract requirements, with no additional payment. When defects in the quality or quantity of service cannot be corrected by re - performance, the State may (1) require the contractor to take necessary action to ensure that the future performance conforms to contract requirements and (2) equitably reduce the payment due the contractor to reflect the reduced value of the services performed. These remedies in no way limit the remedies available to the State in the termination provisions of this contract, or remedies otherwise available at law. Contractor warrants that all supplies furnished under this contract shall be free from defects in materials or workmanship, are installed properly and in accordance with manufacturer recommendations or other industry standards, and will function in a failure -free manner for a period of one (1) year from the date of delivery or installation. Contractor shall, at its option, repair or replace any supplies that fail to satisfy this Contract Template Inter Governmental 121516.docx Page 6 of 18 May 16, 2017 - Page 15 of 74 warranty during the warranty period. Additionally, Contractor agrees to assign to the State all written manufacturer warranties relating to the supplies and to deliver such written warranties to the State. 15. Adjustments in Price. Adjustments to contract prices are allowable only so long as they are mutually agreeable by the parties and so long as they are included within a contract amendment made prior to the effective date of the price adjustments and made pursuant to the State of Colorado Fiscal Rules, signed by the parties, and approved by the State Controller or designee. The Contractor shall provide cost or pricing data for any price adjustment subject to the provisions of the Cost or Pricing Data Section of the Colorado State Procurement Rules. Any adjustment in contract price pursuant to the application of a clause in this contract shall be made in one or more of the following ways: a. By agreement on a fixed-price adjustment; b. By unit prices specified in the contract; c. In such other manner as the parties may mutually agree; or d. In the absence of agreement between the parties, by a unilateral determination by the procurement officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee. 16. Contract Modifications. This contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. If either the State or the Contractor desires to modify the terms and conditions of this Contract, then the parties shall execute a standard written amendment to this Contract initiated by the State. The standard written amendment must be executed and approved in accordance with all applicable laws and rules by all necessary parties including the State Controller or delegate. 17. Litigation. The Contractor shall within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency notify the State that it is a party defendant in a case which involves services provided under this contract. The Contractor shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. 18. Notice of Breach and Dispute Resolution: If the State or the Contractor believes in good faith that the other party has failed to timely complete a deliverable, or has otherwise committed a material breach of this Contract, then the non -breaching party shall notify the breaching party in writing of the alleged breach within ten (10) business days of: 1) the date of the alleged breach if the non -breaching party is aware of the breach at the time it occurs; or 2) the date that the non -breaching party becomes aware of the breach. Upon receipt of written notice of an alleged breach of the Contract, the breaching party shall have ten (10) business days, or such additional time as may be agreed to in writing between the parties, within which to cure the alleged breach or to notify the non -breaching party in writing of the breaching party's belief that a material breach of this Contract has not occurred. Failure of the breaching party to cure or respond in writing within the above time period shall result in the non -breaching party being entitled to pursue any and all remedies available at law or in equity. Except as herein specifically provided otherwise, disputes concerning the performance of this contract which cannot be resolved by the designated contract representatives shall be referred in writing to a senior departmental management staff designated by the department and a senior manager designated by the Contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director and the Contractor's chief executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law. The Contractor and its sureties shall be liable for any damage to the State resulting from the Contractor's breach, whether or not the Contractor's right to proceed with the work is terminated. The State reserves the right, in its sole discretion, to determine whether or not to accept substituted performance tendered by the Contractor or the Contractor's sureties and acceptance is dependent upon completion of all applicable inspection procedures. Contract Template Inter Govemmental 121516.docx Page 7 of 18 May 16, 2017 - Page 16 of 74 19. Remedies: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform the duties and obligations in this contract. Substantial failure to satisfy the duties and obligations shall be defined to mean significant insufficient, incorrect or improper performance, activities, or inaction by the Contractor. Without limitation, these remedial actions include: a. withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or b. require the vendor to take necessary action to ensure that the future performance conforms to contract requirements; and/or c. request the removal from work on the contract of employees or agents of Contractor whom the State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract the State deems to be contrary to the public interest or not in the best interest of the State; and/or d. deny payment for those services or obligations which have not been performed and which due to circumstances caused by Contractor cannot be performed, or if performed would be of no value to the State; denial of the amount of payment must be reasonably related to the value of work or performance lost to the State; and/or e. suspend Contractor's performance pending necessary corrective action as specified by the State without Contractor's entitlement to adjustment in price/cost or schedule; and/or f. modify or recover payments (from payments under this contract or other contracts between the State and the vendor as a debt due to the State) to correct an error due to omission, error, fraud and/or defalcation; and/or g. terminate the contract. These remedies in no way limit the remedies available to the State in the termination provisions of this contract, or remedies otherwise available at law. 20. Termination. a. Termination for Default. The State may terminate the contract for cause. In the event this contract is terminated for cause, the State will only reimburse the Contractor for accepted work or deliverables received up to the date of termination. In the event this contract is terminated for cause, final payment to the Contractor may be withheld at the discretion of the State until completion of final audit. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Contractor, and the State may withhold any payment to the Contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Contractor is determined. If it is determined that the Contractor was not in default then such termination shall be treated as a termination for convenience as described herein. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the contractor under this contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Contractor shall be obligated to return any payment advanced under the provisions of this contract. b. Termination for Convenience. The State shall have the right to terminate this contract at any time the State determines necessary by giving the Contractor at least twenty (20) calendar days prior written notice. If notice is so given, this contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the contractor under this contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered. In the event that the State terminates this contract under the Termination for Convenience provisions, the Contractor is entitled to submit a termination claim within ten (10) days of the Contract Template Inter Governmental 121516.docx Page 8 of 18 May 16, 2017 - Page 17 of 74 effective date of termination. The termination claim shall address and the State shall consider paying the following costs: I. the contract price for performance of work, which is accepted by the State, up to the effective date of the termination; 11. reasonable and necessary costs incurred in preparing to perform the terminated portion of the contract; III. reasonable profit on the completed but undelivered work up to the date of termination; IV. the costs of settling claims arising out of the termination of subcontracts or orders, not to exceed 30 days pay for each subcontractor; V. reasonable accounting, legal, clerical, and other costs arising out of the termination settlement. In no event shall reimbursement under this clause exceed the contract amount reduced by amounts previously paid by the State to the Contractor. c. Immediate Termination. This contract is subject to immediate termination, in whole or in part, by the State without further liability in all of the following circumstances: I. In the event that the State determines that the health, safety, or welfare of persons receiving services may be in jeopardy; II. Upon verifying that the Contractor has engaged in or is about to participate in fraudulent or other illegal acts; or III. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Contract. 21. Stop Work Order. Upon written approval by the State Procurement Officer or delegee, the State may, by written order to the Contractor, at any time, and without notice to any surety, require the Contractor to stop all or any part of the work called for by this contract. This order shall be for a specified period after the order is delivered to the Contractor. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurring of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, as legally extended, the State Procurement Officer or delegee shall either: a. Cancel the stop work order; or b. Terminate the work covered by such order; or c. Terminate the contract. If a stop work order issued under this clause is properly canceled, the Contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified accordingly in writing pursuant to the terms of this contract dealing with contract modifications, if: a. The stop work order results in increased time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and b. The Contractor asserts claim for such an adjustment within thirty (30) days after the end of the period of work stoppage. If the work covered by such order is terminated for default or convenience, the reasonable costs resulting from the stop work order shall be allowed by adjustment or otherwise and such adjustment shall be in accordance with the Price Adjustment Clause of this contract. 22. Venue. The parties agree that exclusive venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado. 23. Understanding of the Parties. a. Complete Integration. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto Contract Template Inter Governmental 121516.docx Page 9 of 18 May 16, 2017 - Page 18 of 74 shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. b. Severability. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. c. Binding Agreement. Except as herein specifically provided otherwise, it is expressly understood and agreed that this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. All rights of action relating to enforcement of the terms and conditions shall be strictly reserved to the State and the named Contractor. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Contractor that any such person or entity, other than the State or the Contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. d. Waiver. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. e. Continuing Obligations. The State and the Contractor's obligations under this contract shall survive following termination or expiration to the extent necessary to give effect to the intent and understanding of the parties. f. Assignment and Change In Ownership, Address, Financial Status. Except as herein specifically provided otherwise, the rights, duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, subgranted or subcontracted except with the express prior written consent of the State, which consent shall not be unreasonably withheld. In the case of assignment or delegation, Contractor and the State shall execute the standard State novation agreement prior to the assignment or delegation being effective against the State. The subgrants and subcontracts permitted by the State shall be subject to the requirements of this contract. The Contractor is responsible for all subcontracting arrangements, delivery of services, and performance of any subgrantor or subcontractor. The Contractor warrants and agrees that any subgrant or subcontract, resulting from its performance under the terms and conditions of this contract, shall include a provision that the said subgrantor or subcontractor shall abide by the terms and conditions hereof. Also, the Contractor warrants and agrees that all subgrants or subcontracts shall include a provision that the subgrantor or subcontractor shall indemnify and hold harmless the State. The subgrantors or subcontractors must be certified to work on any equipment for which their services are obtained. g. This provision shall not be construed to prohibit assignments of the right to payment to the extent permitted by section 4-9-318, CRS, provided that written notice of assignment adequate to identify the rights assigned is received by the controller for the agency, department, or institution executing this contract. Such assignment shall not be deemed valid until receipt by such controller — as distinguished from the State Controller — and the Contractor assumes the risk that such written notice of assignment is received by the controller for the agency, department, or institution involved. The Contractor is required to formally notify the State prior to, or if circumstances do not allow prior notification then immediately following, any of the following: I. change in ownership; II. change of address; III. the filing of bankruptcy. Force Majeure. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, Contract Template Inter Governmental 121516.docx Page 10 of I8 May 16, 2017 - Page 19 of 74 such delay or failure is caused by "force majeure." As used in this contract "force majeure" means acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual capacity; fires; floods, epidemics; quarantine restrictions, strikes or other labor disputes; freight embargoes; or unusually severe weather. h. Changes In Law. This contract is subject to such modifications as may be required by changes in applicable federal or State law, or their implementing rules, regulations, or procedures. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in the form of a written amendment to this Contract that has been previously executed and approved in accordance with applicable law. Media or Public Announcements. Unless otherwise provided for in this Contract, the Contractor shall not make any news release, publicity statement, or other public announcement, either in written or oral form that concerns the work provided under this Contract, without the prior written approval of the State. The Contractor shall submit a written request for approval to the State no less than ten (10) business days before the proposed date of publication. The State shall not unreasonably withhold approval of the Contractor's written request to publish. Approval or denial of the Contractor's request by the State, shall be delivered to the Contractor in writing within six (6) business days from the date of the State's receipt of Contractor's request for approval. If required by the terms and conditions of a federal or state grant, the Contractor shall obtain the prior approval of the State and all necessary third parties prior to publishing any materials produced under this Contract. If required by the terms and conditions of a federal or state grant, the Contractor shall also credit the State and all necessary third parties with assisting in the publication of any materials produced under this Contract. It shall be the obligation of the Contractor to inquire of the State as to whether these requirements exist and obtain written notification from the State as Contractor deems appropriate. 24. Intellectual Indemnity. Contractor shall defend, at its sole expense, any claim(s) or suit(s) brought against the State alleging that the use by the State of any product(s), or any part thereof, supplied by Contractor under this agreement constitutes infringement of any patent, copyright, trademark, or other proprietary rights, provided that the State gives Contractor written notice within twenty (20) days of receipt by the State of such notice of such claim or suit, provides assistance and cooperation to Contractor in connection with such action, and Contractor has sole authority to defend or settle the claim. Contractor shall consult the State regarding such defense and the State may, at its discretion and expense, participate in any defense. Should the State not choose to participate, Contractor shall keep the State advised of any settlement or defense. Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall indemnify the State for all liability incurred by the State as a result of such infringement. Contractor shall pay all reasonable out-of-pocket costs and expenses, and damages finally awarded by a court of competent jurisdiction, awarded or agreed to by Contractor regarding such claims or suits. If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for infringement of any patent, trademark or copyright, or in the event of any adjudication that the product(s), or any part thereof, infringes any patent, trademark or copyright, or if the sub -license or use of the product(s), or any part thereof, is enjoined, Contractor, after consultation with the State, shall do one of the following at Contractor's expense: a. produce for the State the right under such patent, trademark or copyright to use or sub -license, as appropriate, the product or such part thereof; or b. replace the product(s), or part thereof, with other suitable products or parts conforming to the original license and State specifications; or c. suitably modify the products, or part thereof. Except as otherwise expressly provided herein, Contractor shall not be liable for any costs or expenses incurred without its prior written authorization. Contract Template Inter Governmental 121516.docx Page 11 of 18 May 16, 2017 - Page 20 of 74 Contractor shall have no obligation to defend against or to pay any costs, damages or attorney's fees with respect to any claim based upon: a. the use of an altered release if Contractor had not consented to the alteration; or b. the combination, operation or use of the product(s) with programs or data which were not furnished by Contractor, if such infringement would have been avoided if the programs or data furnished by persons or entities other than Contractor had not been combined, operated or used with the product(s); or c. the use of product(s) on or in connection with equipment or software not permitted under this contract if such infringement would have been avoided by not using the product(s) on or in connection with such other equipment or software. 25. Conformance with Law. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be amended. Without limitation, these federal laws and regulations include: a. Office of Management and Budget Circulars and The Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as applicable; b. the "Hatch Act" (5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728 c. when required by Federal program legislation, the "Davis -Bacon Act", as amended (40 U.S.C. 3141-3148) as supplemented by Department of Labor Regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"); d. when required by Federal program legislation, the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building of Public Work Financed in Whole or in Part by Loans or Grants from the United States"). e. 42 U.S.C. 6101 et seq., 42 U.S.C. 2000d, 29 U.S.C. 794 (regarding discrimination); f. the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611); g• if the Contractor is acquiring an interest in real property and displacing households or businesses in the performance of this Contract, then the Contractor is in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act", as amended, (Public Law 91- 646, as amended, and Public Law 100-17, 101 Stat. 246 - 256); h. when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); i. Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355; and j. Utile Contractor is a covered entity under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d — 1320d-8, the Contractor shall comply with applicable HIPAA requirements. If Contractor is a business associate under HIPAA, Contractor hereby agrees to, and has an affirmative duty to, execute the State's current HIPAA Business Associate Agreement. In this case, Contractor must contact the State's representative and request a copy of the Business Associate Agreement, complete the agreement, have it signed by an authorized representative of the Contractor, and deliver it to the State. k. The Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law 110-252, including without limitation all data reporting requirements required there under. This Act is also referred to as FFATA. 1. Contractor shall comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964, as amended. m. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 comply with the equal opportunity clause provided under 41 CFR 60-1.3(b), in accordance with Executive Order 11246, "Equal Employment Opportunity: (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Contract Template Inter Governmental 121516.docx Page 12 of 18 May 16, 2017 - Page 21 of 74 Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. n. where applicable, Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). o. if the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into an agreement with a small business firm or nonprofit organization, comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. P. the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. q. if applicable, comply with the mandatory standards and policies on energy efficiency contained within the State of Colorado's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. 6201. 26. Contractor Affirmation. If this Contract involves federal funds or compliance is otherwise federally mandated, then by signing and submitting this Contract the Contractor affirmatively avers that: a. the Contractor is in compliance with the requirements of the "Drug -Free Workplace Act" (Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.); b. the Contractor and all principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor and all principals shall comply with all applicable regulations pursuant to Executive Order 12549 (3 CFR Part 1986 Comp., p. 189) and Executive Order 12689 (3 CFR Part 1989 Comp., p. 235), Debarment and Suspension; and, c. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29 C.F.R. 93.110(1990) and where applicable, the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). 27. Annual Audits. If the Contractor expends federal funds from all sources (direct or from pass-through entities) in an amount of $750,000 or more during its fiscal year, then the Contractor shall have an audit of that fiscal year in accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non -Profit Organizations). If the Contractor expends federal funds received from the State in an amount of $750,000 or more during its fiscal year, then the Contractor shall furnish one (1) copy of the audit report(s) to the State's Internal Audit Office within thirty (30) calendar days after the Contractor's receipt of its auditor's report or nine (9) months after the end of the Contractor's audit period, whichever is earlier. If (an) instance(s) of noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the issuance of (a) report(s). 28. Holdover. In the event that the State desires to continue the services provided for in this Contract and a replacement contract has not been fully executed by the expiration date of the Contract, this Contract may be extended unilaterally by the State for a period of up to two (2) months upon written notice to the Contractor under the same terms and conditions of the original Contract including, but not limited to, prices, rates, and service delivery requirements. However, this extension terminates when the replacement contract becomes effective when signed by the State Controller or an authorized delegate. 29. Survival of Certain Contract Terms. Notwithstanding anything in this contract to the contrary, the parties understand and agree that all terms and conditions of this contract which may require continued performance, compliance, or effect beyond the termination date of the contract and shall survive such termination date and shall be enforceable by the State as provided herein in the event of failure to perform or comply by the Contractor. 30. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is $100, 000 or higher] Contract Template Inter Governmental 121516.docx Page 13 of 18 May 16, 2017 - Page 22 of 74 By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Public Health and Environment and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. 31. 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 the Notices and Representatives provision, 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 provision shall be posted on the Colorado Department of Personnel & Administration's website. Knowing failure by Contractor to provide notice to the State under this provision shall constitute a material breach of this Contract. Contract Template Inter Govemmental 121516.docx Page 14 of 18 May 16, 2017 - Page 23 of 74 SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. 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. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, 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. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [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 Contract Template_InterGovemmental_070714 Page 15 of 18 May 16, 2017 - Page 24 of 74 the Student Loan Division of the Department of Higher Education; (d) amounts required to he paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the 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 that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E -Verify Program or the Department program established pursuant to CRS §8-17.5-102(5Xc), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the 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 Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States 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 contract. Contract Template Inter Governmental 121516.docx Page 16 of 18 May 16, 2017 - Page 25 of 74 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 Legal Name of Contracting Entity STATE OF COLORADO: JOHN W. HICKENLOOPER, GOVERNOR By: For Executive Director Print Name of Authorized Officer Department of Public Health and Environment Signature of Authorized Officer Date Print Title of Authorized Officer By: By: Department Program Approval: LEGAL REVIEW Cynthia H. Coffivan, Attomey General ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. By: STATE CONTROLLER: Robert Jaros, CPA, MBA, JD Date: Contract Template Inter Governmental 121516.docx Page 17 of 18 May 16, 2017 - Page 26 of 74 This page left intentionally blank. Contract Template Inter Governmental 121516.docx Page 18 of 18 May 16, 2017 - Page 27 of 74 Exhibit A ADDITIONAL PROVISIONS To Original Contract Dated 04/13/2017- Original Contract Routing Number 18 FEGA 9113 These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above. 1. This Contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 66.460). 2. The United States Environmental Protection Agency ("USEPA") has awarded federal funds under Notice of Cooperative Agreement Awards, hereinafter "NCAA" number C9-99818616, to provide support to the state of Colorado to implement its State Nonpoint Source Management program developed under the Clean Water Act Section 319. If the underlying Notice of Cooperative Agreement Award "NCAA" authorizes the State to pay all allowable and allocable expenses of a Contractor as of the Effective Date of that NCAA, then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed Effective Date of this Contract. If the underlying NCAA does not authorize the State to pay all allowable and allocable expenses of a Contractor as of the Effective Date of that NCAA, then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the Effective Date of this Contract, with such Effective Date being the later of the date specified in this Contract or the date the Contract is signed by the State Controller or delegee. 3. To receive compensation under this Contract, the Contractor shall submit a signed quarterly CDPHE WQCD Nonpoint Source Program Custom Invoice Form. This form is accessible from the CDPHE Internet website http://www.colorado.gov/cs/Satellite/CDPHE-Main/CBON/1251622941228 and is incorporated and made part of this Contract by reference. CDPHE will provide technical assistance in accessing and completing the form. The CDPHE WQCD Nonpoint Source Program Custom Invoice Form must be submitted within forty-five (45) calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B and incorporated herein and the associated Budget attached hereto as Exhibit C and incorporated herein. The Contractor shall provide the following documentation with the completed invoice: progress reports. This supporting documentation shall be submitted with the completed CDPHE Reimbursement Invoice Form and sent to: Nonpoint Source Project Coordinator Water Quality Control Division, Nonpoint Source Program Colorado Department of Public Health and Environment WQCD-R&P-B2 4300 Cherry Creek Drive South Denver, Colorado 80246 Email: cdphe_wgcd_nonpointsource+managers@state.co.us To be considered for payment, billings for payments pursuant to this Contract must be received within a reasonable time after the period for which payment is requested, but in any event no later than forty-five (45) calendar days after the relevant performance period has passed. Final billings under this Contract must be received by the State within a reasonable time after the expiration or termination of this Contract; but in any event no later than forty-five (45) calendar days from the effective expiration or termination date of this Contract. Unless otherwise provided for in this Contract, "Local Match", if any, shall be included on all invoices, as required by funding source. Page 1 of 4 Contract Exhibit -A AdditionalProvisions 040715 May 16, 2017 - Page 28 of 74 Exhibit A The Contractor is required to submit progress reports with each request for reimbursement and semi-annual progress reports. Semi-annual reports are due on March 15th for the period of July 1st through December 31' of the previous year and on September 15th for the period of January 1" through June 30th of that year. Reports are based on templates provided by the CDPHE. 4. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable, the Contractor shall have a reasonable period of time, not to exceed ten (10) calendar days, to correct the noted deficiencies. 5. Notice of Mobilization/Demobilization for CO NPS Implementation Projects. a. The Contractor shall provide notification by email to their assigned Nonpoint Source Project Coordinator and the Nonpoint Source Coordinator 7 calendar days prior to the intent to mobilize activities and/or equipment with intent to begin the physical construction activities of an implementation project. The notification shall include: • the name, address and telephone number of the Contractor; • contract routing number; • tasks that will be performed (from Statement of Work); • estimated starting dates of the construction activities; and • geographic location and description of the site where the construction activities are to be performed. b. The Contractor shall provide notification by email to their assigned Nonpoint Source Project Coordinator and the Nonpoint Source Coordinator 7 calendar days prior to the intent to demobilize activities and/or equipment with intent to end the physical construction of an implementation project. The notification shall include: • the name, address and telephone number of the contractor; • contract routing number; • tasks that were performed (Statement of Work); • estimated ending dates of the construction activities; and • geographic location and description of the site where the construction activities were performed. 6. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State has determined that this Contract does not constitute a Business Associate relationship under HIPAA. 7. This award does not include funds for Research and Development. Page 2 of 4 Contract Exhibit -A AdditionalProvisions 040715 May 16, 2017 - Page 29 of 74 Exhibit A 8. The Contractor shall not use funds under this Contract to purchase light refreshments and/or meals to be served at meetings, conferences, training workshops and outreach activities (events) unless the purchase of light refreshments has been pre -approved by the NPS program project coordinator during scope of work negotiations. 9. Matching Contributions: The Contractor agrees to provide a matching contribution of at least $90,083. Matching contributions may be provided as cash or in-kind services, and may include contributions from other project partners. Contributions from other federal sources are not considered eligible match. 10. Responsible Project Director: The Contractor's performance of the services required hereunder shall be under the direct supervision of Kristen Bertuglia, who is hereby designated as the Contractor's Project Director for this Contract. If, at any time during the term of this Contract, the Contractor's named Project Director, Kristen Bertuglia is not assigned to this Contract, then the Contractor shall immediately notify the State in writing and all work under this Contract shall be suspended until a new Project Director, acceptable to the State, has been assigned by the Contractor to this Contract. 11. Final Payment: The State shall hold five percent (5%) of the total obligation of the State as the final payment. Final payment will be made upon approval of the final report by the State. 12. Minority Business Enterprises and Women's Business Enterprises: If, at any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract to a Minority Business Enterprise ("MBE") or a Women's Business Enterprise ("WBE"), then the Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the date each award is made. The Contractor shall adopt the "fair share" goal associated with the grant identified in 2., which is a minimum six and one-tenth percent (6.1%) fair share goal for the utilization of Minority Business Enterprises (MBEs) and a minimum six and six -tenths percent (6.6%) fair share goal for the utilization of Women's Business Enterprises (WBEs) by contractors and subcontractors for supplies, construction, services or equipment. The Contractor shall demonstrate that, prior to the award of any subcontract(s) for project work under this Contract, affirmative steps have been taken, as identified in 40 CFR 30.44(b). If, at any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract to a Disadvantaged Business Enterprises (DBEs), then the Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the date each award is made. 13. Matching Requirements: Match requirements shall be documented in accordance with 2 CFR 225 Cost Principles for State, Local and Indian Tribal Governments, as currently promulgated. 14. Public Information: When issuing statements, press releases, requests for proposals, bid solicitations, or any other documents describing the activities funded under this Contract, the Contractor shall clearly state on those documents the percentage of the total cost of the project which is financed with federal funds. Also, the Contractor shall include the Colorado Department of Public Health and Environment Nonpoint Source Program and Environmental Protection Agency in the credits on all public information and educational products that are developed under this contract. 15. Permits and Surveys: Contractor shall ensure that all necessary permits (such as Clean Water Act Section 404) are received or surveys completed (such an Endangered Species Act or Historic Preservation Act) prior to implementation of any funded activity which may fall under these or other applicable laws. Copies of any biological survey results, where a survey is necessary under Endangered Species Act shall be forwarded to the State. Contractor shall provide copies of all permits upon request of the State. 16. Hotel and Motel Fire Safety Act: The Contractor shall ensure that any conference, meeting, convention, or training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 17. Waste Prevention and Recycled Materials: The Contractor shall use recycled paper and double -sided copies for all reports which are prepared as part of this contract. This requirement does not apply to reports Page 3 of 4 ContractExhibit-A AdditionalPmvisions040715 May 16, 2017 - Page 30 of 74 Exhibit A prepared on forms supplied to the Environmental Protection Agency of to "Standard Forms" which are available through the General Services Administration. 18. Operation and Maintenance: The Contractor shall assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for projects funded under this agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards. 19. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make sub - awards under this award, you: a. Must notify potential sub -recipients that no entity (see definition in paragraph C of this award term) may receive a sub -award from you unless the entity has provided its DUNS number to you. b. May not make a sub -award to an entity unless the entity has provided its DUNS number to you. 20. TITLE VI — LEP, Public Participation and Affirmative Compliance Obligation As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebgate.access.gpo.gov/czi-bin/getdoc.cgi?dbname=2004 register&docid=fr25in04-79.pdf If the recipient is administering permitting programs under this agreement, the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs. The Guidance can be found at http://edocketaccess.apo.gov/2006/pdf/06-2691.pdf. 21. If the Contractor expends federal funds from all sources (direct or from pass-through entities) in an amount of $800,000 or more during its fiscal year, then the Contractor shall have an audit of that fiscal year in accordance with Office of Management and Budget (OMB) Circular 2 C.F.R. 200 Sub -Part F — Audit Requirements. If the Contractor expends federal funds received from CDPHE in an amount of $800,000 or more during its fiscal year, then the Contractor shall furnish one (1) copy of the audit report(s) to CDPHE's Internal Audit Office within thirty (30) calendar days after the Contractor's receipt of the auditor's report(s) or nine (9) months after the end of UWP's audit period, whichever is earlier. If (an) instance(s) of noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the issuance of the audit report(s). If the Contractor is required to submit an annual indirect cost proposal to CDPHE for review and approval, then the Contractor's auditor shall audit the proposal in accordance with the requirements of OMB Circular 2 C.F.R. 200 Sub -Part E - Cost Principles. Page 4 of 4 Contract Exhibit -A AdditionalProvisions 040715 May 16, 2017 - Page 31 of 74 EXHIBIT B STATEMENT OF WORK To Contract Dated 4/13/2017 -Original Contract Routing Number 18 FEGA 99113 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. I. Entity Name: Town of Vail II. Project Description: This project will construct Best Management Practices (BMPs) at a public works facility in Vail, Colorado to reduce nonpoint source pollutant loading to Gore Creek. III. Definitions: BMPs - Best Management Practices - A practice or combination of practices, as determined by a responsible group after examination of altemative practices and appropriate public participation, to be the most effective, practicable means of preventing or reducing the amount of pollution from nonpoint sources to a level consistent with water quality standards and goals. BMPs can be both structural (for example, construction of on -the -ground controls) and nonstructural (for example, education programs). CDPHE - Colorado Department of Public Health and Environment EPA - Environmental Protection Agency ERWC - Eagle River Watershed Council LID - Low Impact Development - refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat. MMI - (Multimetric Index — for macroinvertebrates) a numeric representation of biological or habitat conditions based on combined signals of many assemblage or physical measurements. Each measurement, or metric, is selected to be included in the index because it shows a consistent response along a known disturbance gradient. The combined index gives a reliable indication of biological or habitat integrity. SAPP - Sampling and Analysis Project Plan — a plan intended to assist organizations in documenting the procedural and analytical requirements for one-time, or time limited, projects involving the collection of water, soil, sediment, or other samples taken to characterize areas of potential environmental contamination. It combines the basic elements of a Quality Assurance Project Plan (QAPP) and a Field Sampling Plan (FSP). SOW - Statement of Work - a formal document that defines the entire scope of the work involved for a vendor and clarifies deliverables, costs, and timeline. SSC - Suspended Sediment Concentration - the ratio of the mass of dry sediment in a water -sediment mixture to the mass of the water -sediment mixture. Typically expressed in milligrams of dry sediment per liter of water - sediment mixture. STORET - STOrage and RETrieval and Water Quality eXchange -an EPA data storage and retrieval warehouse SWMM - Storm Water Management Model - a dynamic hydrology -hydraulic water quality simulation model. It is used for single event or long-term (continuous) simulation of runoff quantity and quality from primarily urban areas. TSS - Total Suspended Solids - solids in water that can be trapped by a filter. TSS can include a wide variety of material, such as silt, decaying plant and animal matter, industrial wastes, and sewage. High concentrations of suspended solids can cause many problems for stream health and aquatic life. IV. Work Plan: Goal #1: To improve water quality in Gore Creek. Objective #1: No later than the expiration date of the contract, the Contractor shall construct a BMF treatment train to address nonpoint source pollutant loading from a public works facility. version: Contract Statement of Work — Exhibit B December 2015 Final Exhibit B Contract SOW (3).doc Page 1 of 4 May 16, 2017 - Page 32 of 74 EXHIBIT B Primary Activity #1 The Contractor shall construct either (3) rain garden/bioswales or establish significant permeable pavement acreage. Sub -Activities #1 1. The Contractor shall finalize BMP type and site design using preliminary designs from Strategic Action Plan cutsheets. 2. The Contractor shall construct at least one BMP in the first year. 3. The Contractor shall construct remaining BMP(s) in the second year of the project. Primary Activity #2 The Contractor shall construct a hydrodynamic separator vault or jellyfish -type active filtration vault. Sub -Activities #2 1. The Contractor shall finalize BMP type and site design using preliminary designs from Strategic Action Plan cutsheets. 2. The Contractor shall construct the vault. Objective #2: No later than the expiration date of the contract, the Contractor shall feature the project in public outreach and education about the Gore Creek Restoration Project. Primary Activity #1 The Contractor shall highlight the town public works facility's unregulated stormwater improvements in at least two public outreach/education venues or methods. Sub -Activities #1 1. The Contractor shall hold at least one public tour/demo in the first year after completion, possibly via a Watershed Wednesday on LID with the ERWC. 2. The Contractor shall utilize project summaries, photos and factsheets in social media and private landowner outreach campaigns for LID redevelopment. Objective #3: No later than the expiration date of the contract, the Contractor shall apply lessons learned to additional BMP installation throughout the Gore Creek Watershed. Primary Activity #1 The Contractor shall quantify pollutant load reductions via BMP performance monitoring. Sub -Activities #1 1. The Contractor shall develop and implement a pre and post installation monitoring SAPP. 2. The Contractor shall evaluate attainment of ongoing load reduction targets for the town's public works facility BMPs. 3. The Contractor shall upload water quality data to STORET and BMP performance data to the International Stormwater BMP Database. Primary Activity #2 The Contractor shall refine planning and design of additional watershed actions based on actual BMP performance. Sub -Activities #2 1. The Contractor shall parameterize a stormwater model (example: EPA SWMM) using TSS/SSC and/or runoff volume results from the town's public works facility BMPs. 2. The Contractor shall finalize BMP designs for at least two space -short BMP locations in the East Vail area using the results. Objective #4: No later than the expiration date of the contract, the Contractor shall administer the project. Primary Activity #1 The Contractor shall evaluate the project's success in meeting anticipated outcomes and success measures. Primary Activity #2 1. The Contractor shall prepare semi-annual and final project reports. Standards and Requirements 1. The Contractor shall adhere to the EPA approved Project Implementation Plan. 2. The Contractor shall provide design documents upon request from CDPHE Nonpoint Source Program. 3. Nonpoint source BMPs can be found in Appendix E of the 2012 Nonpoint Source Management Plan at: https://www.colorado.gov/pacific/cdphe/2012-nonpoint-source- management -plan. 4. BMPs shall be constructed according to the project's engineered design specifications and in compliance with applicable industry standards. 5. The Contractor shall get approval for all outreach materials by the CDPHE Nonpoint Source Project Coordinator prior to publishing on the website or distributing. 6. The Contractor shall use the Nonpoint Source SAPP template found at: https://www.colorado.gov/pacific/cdphe/nonpoint-source-proj ect-monitoring-and- assessment. version: Contract Statement of Work — Exhibit B December 2015 Final Exhibit B Contract SOW (3).doc Page 2 of 4 May 16, 2017 - Page 33 of 74 EXHIBIT B version: Contract Statement of Work — Exhibit B December 2015 Final Exhibit B Contract SOW (3).doc Page 3 of May 16, 2017 - Page 34 of 74 7. The Contractor shall receive approval of the SAPP from CDPHE Nonpoint Source Project Coordinator prior to commencement of sampling activities. 8. Changes to the SAPP shall be submitted electronically to the CDPHE Nonpoint Source Program Coordinator for approval. 9. The Contractor shall follow EPA semi-annual and final report templates and instructions that can be found here: https://www.colorado.gov/pacific/cdphe/nonpoint- source-proj ect-management. BMPs and sampling Nonpoint Source websites may be updated documents and This information is incorporated and 10. The final report shall include geo-referencing data for constructed locations. 11. The Contractor shall get approval for the final report by the CDPHE Project Coordinator. 12. The content of electronic documents located on CDPHE and non-CDPHE and information contained on CDPHE and non-CDPHE websites periodically during the contract term. The contractor shall monitor website content for updates and comply with all updates. 13. The Contractor shall comply with all CDPHE branding policies. located on the Colorado Brand website brandCOLORADO.gov and made part of this contract by reference. Expected Results of Activity(s) 1. Reduce pollutant loads in Gore Creek. 2. Improve macroinvertebrate habitat. 3. Increase community education and awareness about the relationship between nonpoint source pollution control and improved water quality. Measurement of Expected Results 1. Pre- and post -project pollutant and flow data. 2. Change in MMI scores. 3. Change in impairment listing. 4. A•enda and meetin• notes ca.turin• .artici.ation in .ublic meetin•s. 2r i/%,//%/rr% %'/,i / ii/ir✓/ice%i Deliverables 0.- :../�/r%i��r�//rr-.//2 /r/r/i%ri//ri/i/i %/ l r%f%/�%� The Contractor shall notify the CDPHE Nonpoint Source Project Coordinator of final BMP(s) chosen via email for file documentation. Com i letion Date Com At least 30 days before BMP(s) construction. The Contractor shall notify the CDPHE Nonpoint Source Project Coordinator via email of the applicable industry standards with which construction of the BMP(s) will comply for file documentation. Within 30 days of final BMP(s) choice(s). The Contractor shall submit education and outreach materials via email to the CDPHE Nonpoint Source Project Coordinator. At least 30 days before release of the materials. The Contractor shall submit the SAPP via email to the CDPHE Nonpoint Source Project Coordinator. At least 8 weeks in advance of any sampling event. If necessary, the contractor shall submit changes to the SAPP via email to the CDPHE Nonpoint Source Project Coordinator. At least 3 weeks in advance of implementing the changes. The Contractor shall provide proof of submittal of water quality data and to EPA STORET database via email to the CDPHE Nonpoint Source Project Coordinator. No later than the end date of the contract. The Contractor shall provide proof of submittal of BMP performance data to the International Stormwater BMP Database via email to the CDPHE Nonpoint Source Project Coordinator. No later than the end date of the contract. The Contractor shall submit a semi-annual report via email to the CDPHE Nonpoint Source Project Coordinator for approval. Each March 15th and September 15th during the contract period. The Contractor shall submit to the CDPHE Nonpoint Source Project Coordinator via email a draft of the final report. Within 30 days of the end date of the contract. version: Contract Statement of Work — Exhibit B December 2015 Final Exhibit B Contract SOW (3).doc Page 3 of May 16, 2017 - Page 34 of 74 EXHIBIT B The Contractor shall publish and distribute the final report no later than the end of the contract via email to the CDPHE Nonpoint Source Project Coordinator. No later than the end date of the contract. V. Key Personnel: Nonpoint Source Project Coordinator Water Quality Control Division Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South, Denver, CO 80246 Phone: (303) 692-6343 Email: cdphe_wgcd_nonpointsource+managers@state.co.us VI. Monitoring: CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout the contract period by the Nonpoint Source Project Coordinator. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports, semi-annual reports and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted at the end of the life of the contract. VII. Resolution of Non -Compliance: The Contractor will be notified in writing within 7 calendar days of discovery of a compliance issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate, to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be completed. The action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the Nonpoint Source Project Coordinator and receive approval for a new due date. The State will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract. version: Contract Statement of Work — Exhibit B December 2015 Final Exhibit B Contract SOW (3).doc Page 4 of 4 May 16, 2017 - Page 35 of 74 EXHIBIT C Budget To Contract Dated 4/13/2017 - Contract Routing Number 18 FEGA 99113 Primary Activity Nonpoint Source Funds 1. The Contractor shall construct either (3) rain garden / bioswales or establish significant permeable pavement acreage. $58,750 2. The Contractor shall construct a hydrodynamic separator vault or Jellyfish -type active filtration vault. $61,175 3. The Contractor shall highlight town public works facility unregulated stormwater improvements in at least 2 public outreach /education venues or methods. $250 4. The Contractor shall quantify pollutant reductions via BMP performance monitoring. $8150 5. The Contractor shall refine planning and design of additional watershed actions based on actual BMP performance. $3,800 6. The Contractor shall evaluate the project's success in meeting anticipated outcomes and success measures. $3,000 7. The Contractor shall prepare semi-annual and final project reports. $0* Project Total: $135,125 *Primary Activity 7 is funded by match. Page 1 of 1 May 16, 2017 - Page 36 of 74 May 16, 2017 - Page 37 of 74 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 4, 2017 meeting ATTACHMENTS: Description Mintues from April 4, 2017 meeting TOWN Of9 May 16, 2017 - Page 38 of 74 Vail Town Council Meeting Minutes Tuesday, April 4, 2017 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 Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Bob Armour, resident, thanked Charlie Turnbull and his team for their efforts on cleaning up vail, addressed the lights and pedestrian ways that have been installed, and thanked Stan Zemler, outgoing Town Manager, for his years of service and closed by saying the town is losing a friend!! Jim Carta, resident on Bald Mountain Road, asked for additional regulations and enforcement of the "dark sky" regulations. He has had issues with neighbors leaving lights on all night. Michael Kurz, resident thanked Zemler for his years of service and wished him luck! Randy Guerriero, resident, expressed concerns about activity in the area of the new Marriott development, (illegal truck parking, mud everywhere), noted the dog allowance on the property will create issues, requested that the left hand turn lane be installed. Eric Perkins expressed concern about the removal of the trees and the impacts it will have on the river and fish. 2. Proclamations 2.1. Proclamation No. 3, Series of 2017, Recognizing National Library Week 2017 Presenter(s): Lori Barnes, Vail Public Library Several library representatives and Library Director Lori Barnes were present supporting the proclamation. The proclamation was read and adopted by the Vail Town Council Town Council Meeting Minutes of April 4, 2017 Page 1 May 16, 2017 - Page 39 of 74 2.2. Proclamation No. 4, Series of 2017, Recognizing Stan Zemler, Town Manager Presenter(s): Dave Chapin, Mayor The proclamation was read and adopted by the Vail Town Council. Zemler said a few words thanking everyone for their kindness and heartfelt words. Moffet noted the most important thing he was part of was the hiring Zemler and extended his sincerest thanks!! 3. Consent Agenda 3.1. Minutes from March 7, 2017 meeting 3.2. Minutes from March 14, 2017 special meeting 3.3. Minutes from March 21, 2017 meeting Moffet moved to approve the meeting minutes referenced; Foley seconded the motion and it passed (7-0). 3.4. Resolution No. 12, Series of 2017, A Resolution Approving a Lease Agreement Between the Town of Vail and Vail Recreation District Regarding the Vail Golf Course; and Setting Forth Details in Regard Thereto It was noted the Vail Recreation District has not yet acted on the clubhouse lease and would do so once construction checklist items were completed. Zemler however recommended action be taken on the lease in an effort to move it forward to VRD for consideration once the items were finished. Moffet moved to approved Resolution No. 12; Foley seconded the motion and it passed (7-0). 3.5. Resolution No. 14, Series of 2014, A Resolution Approving a Lease Skate Park Management Agreement Between the Town of Vail and the Vail Recreation District; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 14; Foley seconded the motion and it passed (7-0). 4. Town Manager Report 4.1. Financial Eligibility of Deed Restricted Housing to Receive Conventional Financing Presenter(s): George Ruther, Director of Community Development Representatives from Alpine Bank, Mike Glass and Bill Walsh, were present along with George Ruther to review this topic. The bank's financing products were reviewed and it was noted they continue to follow the options that might exist for financing projects such as Chamonix Vail. There was also some discussion about the "notification process" associated with foreclosed units and defaulted loans. The town wants to be notified in these instances and does not want to rely on the homeowner for notification; it was noted public notifications occur over a 120 day timeframe. Town Council Meeting Minutes of April 4, 2017 Page 2 May 16, 2017 - Page 40 of 74 5. Presentations / Discussion 5.1. 1-70 Underpass Construction Update Presenter(s): Tom Kassmel, Project Engineer and Matt Figgs, CDOT Region 3 Project Manager Background: The 1-70 Vail Underpass project has recently begun the final phase of construction. CDOT will provide an update on the project and its progress. The anticipated completion is fall 2017. CDOT representative Figgs noted that work has begun and is slated to be completed fall 2017 on budget and on schedule. He informed them Frontage Road detours would begin April 24 with the same configuration as 2016 and town center roundabout northbound lane would be striped as two -lanes. There were some suggestions about signage that would assist pedestrians and bicyclists and business owners in the area. 5.2. Update on Parking and Transportation Task Force recommended summer work plan Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Provide direction to the staff on the information presented as well as provide feedback on the issues regarding any additional information which would be useful as the Task Force, community and ultimately Town Council will decide on the whether the Town of Vail implements summer managed parking. Background: The purpose of this item is to: Provide Town Council with an update on the work to date by the Parking and Transportation Task Force (PATTF); Provide recommendations for Summer 2017 and planning for Summer 2018; and Request Town Council direction regarding next steps. The PATTF has convened three meetings in 2017: January 23, February 24 and March 24. The focus of the Task Force has been an evaluation of summer operations. Staff Recommendation: Staff recommends at a minimum, funding the three alternatives at the lowest amount projected. This is a total budget adjustment of $206,000. Greg Hall presented the background and to date description of the task force and its work as described in the council packet memo, and suggested the following summer 2017 recommendations: Parking Duration Data Collection: 18 -week summer - $81,200 The advantage of the total period would be the town would have data for the entire summer season and any variations from the various time periods would be known. The messaging would be consistent for the entire season. It would be easier to staff for the entire season. OR Parking Duration Data Collection: 4 -week period - $19,600 The advantage of this scenario is reduced cost. The disadvantage would be the challenge in selecting which weeks to test. It would be recommended to test a week in each month and then project the data based on actual usage for each month. This scenario presents a greater communications challenge due to the inconsistent timing of the test periods. Staffing would also be a challenge for each week. Another alternative would be to sample a 4 -week simultaneous period for the same cost. The disadvantage would be the variation of uses by time of the year. We know July is our busiest time and if parking recommendations are based on only data from July we may not be able to predict usage in other months as accurately as might be needed. Town Council Meeting Minutes of April 4, 2017 Page 3 May 16, 2017 - Page 41 of 74 Guest/User Surveys - $35,000 It is recommended that at a minimum we survey 3,000 users or about 2% of the nearly 600,000 transactions during this time period. In addition, we would reach out to local employees similar to the employee portion of the 2016 citizen survey using the Internet survey method. Survey budget is $35,000. The survey would help determine optimum pricing scenarios. Enhanced Summer Transit Service Pilot Program - $151,000 - $235,000 The Task Force discussed implementing enhanced summer service this year. The East Vail route currently has 1 -hour service levels. The Golf Course and Sandstone routes have 2 -hour service. The lack of more frequent service levels have been identified in past citizen surveys as well as community picnics every year. Task Force members suggest this enhancement be used as a first step to promote getting people out of their cars and onto the buses as an alternative. Enhanced transit service would reduce vehicle trips and be more in line with the town's environmental commitment. The desire to provide better service to the East Vail trail areas from hour service to 30 minutes would also help reduce trailhead parking capacity issues. Enhanced summer transit service would also be an added guest amenity for outlying lodging properties in East Vail, Sandstone and the Golf Course areas. Finally, the town would have the data of increased transit service with ridership numbers to compliment the summer parking 2017 data in hand allowing for more informed decision-making for summer 2018. After some discussion, there was consensus and support for the following items: ✓ 12 week parking data collection (mid-June until mid September) ✓ use of the intercept studies for the guest & user surveys Council requested additional options and related costs to the enhanced Summer Transit Service Pilot Program to be reviewed at the next meeting. Chapin noted there would be NO CHARGE for SUMMER PARKING! 6. Action Items 6.1. Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail Development Agreement Between the Town of Vail and Triumph West, LLC; and Setting Forth Details in Regard Thereto Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 10, Series of 2017. Background: The Chamonix Vail Development Agreement is needed to facilitate the development of Chamonix Vail. The Development Agreement outlines the general terms of the development and the obligations of the Town and the Developer, among other important expectations and considerations. The term of the Agreement shall be from its Effective Date until January 1, 2019. The general terms and obligations of the Agreement are outlined in the staff memorandum, dated April 4, 2017. Staff Recommendation: The Town staff recommends the Vail Town Council approves Resolution No. 10, Series of 2017, as presented. Ruther reviewed the terms of the agreement as outlined below: II. Terms of the Development Agreement The Chamonix Vail Development Agreement is needed to facilitate the development of Chamonix Vail. The Development Agreement outlines the general terms of the development and the obligations of the Town and the Developer, among other important expectations and considerations. The term of the Agreement shall be from its Effective Date until January 1, 2019. The general terms and obligations of the Agreement include: Town Council Meeting Minutes of April 4, 2017 Page 4 May 16, 2017 - Page 42 of 74 ➢ A total contract price of $17,728,000. ➢ Obligations of the Developer to: 1. deliver to the Town a total of 32 townhome style units consistent with the set of plans and specifications approved by the Town of Vail. 2. deliver the homes in accordance with the schedule outlined in the Agreement. 3. (December 2017 — March 2018) 4. cause the General Contractor to provide a payment and performance bond to secure the construction of the development. 5. operate within an open -book environment and provide evidence of all costs, expenses and mark-ups related to the Development. 6. pay the Town liquidated damages for failure to deliver the new homes within the schedule outlined. 7. transfer a two year warranty for all public improvements and an assignable, one year warranty for the private improvements. 8. procure and maintain a policy of insurance for commercial general liability and 9. builder's risk. ➢ An obligation of the Town to: 1. pay the Developer on a monthly basis for work completed. 2. accept the new homes from the Developer upon demonstrated completion consistent with the approved plans and specifications. ➢ Provisions for a Force Majeure event. ➢ Upon the Effective Date of the Development Agreement, the Development Agreement shall supercede and replace the current Pre -development Agreement. ➢ Allowances for Soil Conditions ($36K), Modular Staging ($40K) and Excel Energy Utility installation ($165K). ➢ Provisions for a 5% - 15% monthly retainage There was some discussion about the schedules provided, the deed restriction exhibit and a proposed parking plan during construction. Triumph Development and RA Nelson representatives were present to address the schedule and the execution of construction contracts. They also presented the need to include both types of construction at this point as final pricing was not yet completed. Chapin invited public input at this time. None was given. Moffet moved approve to approve Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail Development Agreement Between the Town of Vail and Triumph West, LLC; and Setting Forth Details in Regard Thereto, with the following additions to the motion: ➢ both schedules would be included as C 1 or C2 ➢ the documents must be executed no later than April 12, 2017 ➢ the agreement no longer includes Exhibit D addressing the deed restrictions Bruno seconded the motion and it passed (7-0). Zemler acknowledged George Ruther for his diligent work on this project and all parties were commended for bringing this project to fruition. 6.2. Ordinance No. 2, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No, 2, Series 2017 There was some discussion about the details of the General Fund savings related to salaries from positions. Moffet moved to approve Ordinance No. 2, Series 2017, First Reading, Town Council Meeting Minutes of April 4, 2017 Page 5 May 16, 2017 - Page 43 of 74 Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto. Foley seconded the motion and it passed (7-0). 6.3. Award contract for design of the South Frontage Road from Vail Valley Medical Center to Lionshead Parking Structure. Presenter(s): Tom Kassmel, Project Engineer Action Requested of Council: Approve Design Contract Award Background: The Town of Vail has budgeted to reconstruct the South Frontage Road from the Vail Valley Medical Center to the Lionshead Parking Structure in 2019. In order to coordinate the projects design with the pending Vail Valley Medical Center and Evergreen Redevelopments, Town staff suggests accelerating the design of the project one year so that design and construction coordination can occur appropriately. Staff Recommendation: Authorize the Town Manager to enter into a design contract, in a form approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded by the traffic impact fee fund. Kassmel presented the project LrN !urn �Llf y ttriil�jL1E1 VI.E1 I MCS- / It}V FI ril,Iv,L k1I ILI artig zd Ttup a nevi Flan rte H. Funding for the project has previously been identified as shared between the Town of Vail, Vail Transportation Impact Fees, and each development's (Vail Municipal Building, VVMC, and the Evergreen) project level requirements to access this portion of the South Frontage Road. Based on Council and staff discussions at the February 7th Town Council meeting regarding this topic staff advertised a RFP for design services for the South Frontage Road design and received two proposals: • Felsburg, Holt, and Ullevig (FHU) $530,000 • SGM $375,000 Town Council Meeting Minutes of April 4, 2017 Page 6 May 16, 2017 - Page 44 of 74 The necessary design fees can be supplemented into the 2017 budget from the existing traffic impact fee fund, currently having a fund balance of —$950,000; and/or if desired, the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars, which are currently budgeted for this project in 2018 & 2019, in the amount of $100k and $3.5 Million respectively. There was some discussion about the status of the other two projects and delaying this work until later; it was noted that VVMC would be submitting an application for redevelopment in the near future and there was no word yet on the hotel. Moffet moved to authorize the Town Manager to enter into a design contract, in a form approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded by the traffic impact fee fund. Foley seconded the motion. After further discussion, Moffet amended his motion to include the expenditure with the next supplemental budget ordinance and a requirement for future status reports; Foley seconded the motion and it passed (7-0). 6.4. Reconstruction of the Gore Valley Trail to Underpass Connection Path Presenter(s): Tom Kassmel, Project Engineer Action Requested of Council: Direct staff to proceed with the necessary coordination to lower the Holy Cross Electric lines in this area to facilitate the reconstruction of the bike path. Background: The Town has budgeted to reconstruct the bike path that connects the Gore Valley Trail to the South Frontage Road at the newly constructed underpass. The final design requires the overhead power lines just south of the underpass to be relocated underground. Staff suggests the town use the Holy Cross Enhancement funds to lower these lines. Staff Recommendation: Approve the expenditure of $50,000 from the Holy Cross Electric Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside condominiums to the Glen Lyon Office Building. Kassmel noted a bid from the contractors would be presented May 2 and it was proposed the Holy Cross enhancement fund would be used in the amount of $50K. There was not public comment at this time. It was noted the project would require use VRI property; several easements would required and staff would be working with VRI on this effort. Cleveland moved to approve the expenditure of $50,000 from the Holy Cross Electric Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside condominiums to the Glen Lyon Office Building. Mason seconded the motion and it passed (7-0). 6.5. Award contracts for the Vail Park Improvement Project and Ford Park Lighting Control Project Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manager to enter into construction contracts with TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting Control Project and with MW Golden Constructors in an amount not to exceed $516,781 for the Vail Park Improvements project. Town Council Meeting Minutes of April 4, 2017 Page 7 May 16, 2017 - Page 45 of 74 Background: The Vail Park Improvement Projects is an assembly of smaller, funded projects which staff has bid as one construction project to improve efficiency and create economy of scale and more advantageous contractor pricing. The work included in the Vail Park Improvement Project includes the following projects: Ford Park - redesign and construction of the West Betty Ford Way (W BFW) gate Ford Park - site improvements and landscaping at the West Restroom Building Ford Park - School House garden and patio Ford Park — Riparian area planting Bighorn Park — access, picnic pavilion improvements and riparian plantings The Ford Park Lighting Control Project includes a computerized lighting control system to allow unlimited dimming and shut-off capabilities of the existing parking lot and pedestrian path light fixtures. The existing light fixtures were installed with the anticipation of utilizing this lighting control system and will accept the required equipment without modification. Oppenheimer made a review of the projects and total budget amount and the proposed expenditures reflected below: Budget and Funding Implications: Budgeted Funds: 2 Ford Park project accounts reallocated from 2016 to 2017 CCF002 S313,327 RF P019 $175.297 2017 Ford park budget for School House Garden and Softball Shelter $300,000 Stream Bank Mitigation Project (allocation of $944K overall budget) $ 12,000 Total Fundis available for Ford Park Projects $800,624 Chapin asked for public input at this time and there was none given. Moffet moved to direct the Town Manager to enter into construction contracts with TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting Control Project and with MW Golden Constructors in an amount not to exceed $516,781 for the Vail Park Improvements project. With the award of the construction contracts by the Town Council, both projects will begin construction the first week in May and complete the work by June 30, 2017. Foley seconded the motion and it passed (7-0). 6.6. Slifer Square Project Update Presenter(s): Chad Salli, Project Engineer Action Requested of Council: Provide staff with direction. Background: Staff has identified 4 significant maintenance issues concerning Slifer Square. These included the following: 1. Damaged storm sewer 2. Storm water being discharged into Gore Creek without treatment 3. Water leaking from the fountain 4. Corroded steel snowmelt mains. Staff received 2 bids for the Slifer Square Repair Project, RA Nelson ($4,603,393.86) and Icon Inc. ($4,862,821.30). Both bids are over 50% higher than the estimated construction costs of $3 million. Town Council Meeting Minutes of April 4, 2017 Page 8 May 16, 2017 - Page 46 of 74 Staff Recommendation: Staff works with the consultant and contractors to re-evaluate the current scope and priorities of the project and then re -bid the project once that evaluation and redesign is complete. Salli presented the item with information about the high bids that were received by the contractors. He noted their efforts to reduce the costs with some value engineering. There was discussion about the following: ✓ Would there be federal or state funds for the water quality improvement scope of work, i.e. GOCO grants ✓ Important to repair the water quality issues and would the town's environmental funding be able to support the project ✓ Rescope the project and rebid it next year ✓ The Capital Project Budget included: ❑ $150,000 in 2016 for design and engineering ❑ $1,350,000 in 2017 for construction of Slifer Square ❑ $800,000 in 2017 for the reconstruction of Meadow Drive along the Austria Haus Options for moving forward include: 1. Award the full contract as bid and supplement the budget to cover the budget shortage. 2. Reducing the scope of the project by deferring some maintenance/repairs to a future date. It was suggested by Zemler to delay the project a year with consideration for it again during the 2018 budget cycle; it might be worthwhile to review the CIP budget again in light of other 2017 expenditures (Chamonix). Kassmel noted there would be other options to review and a possibly addressing the problems on a short term (address water quality issues) and long term basis may work as well. Cleveland moved to defer the Slifer Plaza work and directed staff to address the pollutants of the river and then seek for a long term approach and solutions to the other issues. Moffet seconded the motion and it passed (7-0). 7. Public Hearings 7.1. Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special Events Funding Decisions Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on second reading Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of the Vail Town Code to allow the Council to call up an appeal on a decision made by the Commission on Special Events within 60 days rather than 10 days. Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on second reading Town Council Meeting Minutes of April 4, 2017 Page 9 May 16, 2017 - Page 47 of 74 Chapin opened the public hearing and there were no comments. There were no changes from first reading. Moffet moved to approve Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special Events Funding Decisions. Mason seconded the motion and it passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 9: 30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of April 4, 2017 Page 10 May 16, 2017 - Page 48 of 74 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 18, 2017 meeting ATTACHMENTS: Description Minutes from April 18, 2017 meeting TOWN Of9 May 16, 2017 - Page 49 of 74 Vail Town Council Meeting Minutes Tuesday, April 18, 2017 12:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 12:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. DRB / PEC Update 1.1. DRB/PEC Update Presenter(s): Chris Neubecker, Planning Manager 2. Consent Agenda 2.1. Resolution No. 15, Series of 2017, A Resolution Approving a Memorandum of Understanding Between the Town of Vail and the Governor's Office of Information Technology Public Safety Communication Network; and Setting Forth Details in Regard Thereto Moffet moved to approve the consent agenda; Foley seconded the motion and it passed (6-0). 3. Action Item 3.1. Update on Recommended Summer Bus Enhancement Pilot Program for 2017 Presenter(s): Greg Hall, Public Works Director Action Requested of Council: Provide direction to the staff regarding options for an enhanced summer transit service pilot program for summer 2017. Background: During a review of discussions and recommendations associated with the Vail Parking & Transportation Task Force at the April 4 Town Council meeting, varying opinions were expressed by members of the Town Council on the topic of summer bus service enhancements and related timing. Staff was directed to return with a proposal that would address a modest pilot program for summer 2017 with considerations for additional enhancements during the 2018 budget process. Staff Recommendation: Staff recommends funding the 2017 enhanced summer transit service pilot program for $76,000 and during initial budget discussions in late summer, return to report Town Council Meeting Minutes of April 18, 2017 Page 1 May 16, 2017 - Page 50 of 74 on ridership numbers and costs associated with the enhanced service before deciding on the possibility of extending the service to the ski season. Hall noted the Parking and Transportation Task Force members as follows: The Parking & Transportation Task From was formed in 1999 in an advisoni capacity and has been enacted through the years al the direction of the Vail Town Council. In reinstating the Task Ford, the role of the 12 -me rnber group is to provide advisory input and recommendations on parking, transit and traffic operations. The current focus of the Task Force hes been an Evaluation of summer operations. Representatives are as follows: ■ Representing the retail community -Meg Hanlon and Hugh Paine • Representing the restaurant community - Bill Suarez Representing the lodging community - Brian Butts Representing the community -at -large - Kent Johnson, Andrew Lanes end Con Marks ▪ Representing Vail Valiay Medical Center- Darryl Flores (Cheryl Cannetaro Alt.) Representing Vail Resorts - Doug Lovell and Jeff Babb Representing the Vail Town Council - Mayor Dave Chapin and Jen Mason There was a review of a proposed 7 day a week pilot program from Memorial Day to end of September with details as follows: • lnraease East Vail service to 30 minute from 7 AM to 6 PM Increase Sandstone Service from 2 hour to 1 hour from 6:40 AM to 6:40 Pt 1 ▪ increase Golf Course Service from 2 hour to 1 hour from 8:10 to 5:10 with transition service on either end of less than 2 hours but greater than 1 hour. Two hour service 's after 6:40 PM. ✓ Initial ridership estimated at 18,000 riders, 25% increase ✓ Estimated costs for 17 weeks is $76K ✓ Incremental ridership costs estimated at $4.22/rider There were some pros and cons reviewed identified with enhancing the bus service but if implemented would assist with providing 1) more options for bus travel (get out of cars), 2) assists with management decision making for parking in 2018, 3) supports the environment, reducing number of cars on the road, 4) may help with trailhead parking issues, 5) responds to citizen's requests for more bus service. There was no public input on this topic. There was input about trying to provide some transit solutions for those not living near bus stops. Moffet moved to direct staff to implement the pilot program for enhanced summer transit service, including East Vail, Sandstone and Golf Course services, estimated costs at $76K and return with ridership and cost report at a later date. Bruno seconded the motion and it passed (6-0). 4. Information Update 4.1. Proposed meeting topics for future meetings 5 min. 4.2. CSE Minutes 4.5.17 Meeting DRAFT 4.3. VEAC April 11, 2017 Minutes 4.4. Town of Vail Community Reception for Town Manager Candidates 5:00 p.m. until 7:00 p.m. at Donovan Pavilion Town Council Meeting Minutes of April 18, 2017 Page 2 May 16, 2017 - Page 51 of 74 6. Matters from Mayor, Council and Committee Reports 6.1. One-on-one Town Manager interviews to be conducted by Vail Town Council at 20 Vail Road (Sonnenalp Resort of Vail) after the regular meeting adjourns There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 12:40 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of April 18, 2017 Page 3 May 16, 2017 - Page 52 of 74 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 19, 2017 Special Meeting ATTACHMENTS: Description Mintues from April 19, 2017 Special Meeting TOWN Of9 May 16, 2017 - Page 53 of 74 Vail Town Council Special Meeting Minutes Wednesday, April 19, 2017 12:30 P.M. Vail Town Council Chambers 1. Call to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 12:30 P.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1); Foley seconded the motion and it passed (7-0). 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews. Presenter(s): Matt Mire, Town Attorney, Krista Miller, Human Resource Director and Ron Holifield, Strategic Government Resources Background: Not open to public There being no further business to come before the council, Moffet moved to adjourn the special meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 5:30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Special Town Council Meeting Minutes of April 19, 2017 Page 1 May 16, 2017 - Page 54 of 74 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 20, 2017 Special Meeting ATTACHMENTS: Description Minutes from April 20, 2017 Special Meeting TOWN Of9 May 16, 2017 - Page 55 of 74 Vail Town Council Special Meeting Minutes Thursday, April 20, 2017 9:00 A.M. Vail Town Large Administrative Conference Room 1. Call to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: None Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1); Foley seconded the motion and it passed (7-0). 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews. Presenter(s): Vail Town Council Members Background: Not open to public There being no further business to come before the council, Moffet moved to adjourn the special meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 12:00 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Special Town Council Meeting Minutes of April 20, 2017 Page 1 May 16, 2017 - Page 56 of 74 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 26, 2017 Special Meeting ATTACHMENTS: Description Minutes from April 26, 2017 Special Meeting TOWN Of9 May 16, 2017 - Page 57 of 74 Vail Town Council Special Meeting Minutes Wednesday, April 26, 2017 4:00 P.M. Vail Town Large Administrative Conference Room 1. Call to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: None Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1); Foley seconded the motion and it passed (7-0). 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Negotiating Town Manager Contract. Presenter(s): Vail Town Council Members Background: Not open to public There being no further business to come before the council, Moffet moved to adjourn the special meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 5:30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Special Town Council Meeting Minutes of April 26, 2017 Page 1 May 16, 2017 - Page 58 of 74 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: USFS Trail Management and Booth Falls Trail Update PRESENTER(S): Aaron Mayville, USFS and Craig Bettis, Police Commander BACKGROUND: Last summer there was a significant parking problem at the Booth Creek Falls Trailhead with cars parked along both sides of the roadway and on the Frontage Road. Construction at Vail Mountain School last summer exacerbated these problems. The United States Forest Service will provide an update on trail management and Town staff will update on the actions being taken for this summer. STAFF RECOMMENDATION: Listen to presentation and provide feedback to the staff and USFS ATTACHMENTS: Description Booth Creek Falls Trailhead Parking Memorandum May 16, 2017 - Page 59 of 74 TOWN One POtt 75 South Frontage Road West Vail, Colorado 81657 vailgov.com/police To: Vail Town Council Patty McKenny, Town Manager From: Dwight Henninger, Chief of Police Date: May 16, 2017 Subject: Booth Creek Falls Trailhead Parking Office of the Chief of Police 970.479.2218 970.479.2216 fax Last summer there was a significant parking problem at the Booth Creek Trailhead with cars parked along both sides of the roadway and on the Frontage Road. Construction at Vail Mountain School last summer exacerbated these problems. The rise of trailhead parking problems over the years is a statewide problem. With Booth Creek Trailhead's growing popularity and with only limited room for cars in this parking lot, which is co -owned by the Town and the U.S. Forest Service, parking inadequacies and community frustrations are understandable. In the past, we have met with neighbors, improved signage and enforced compliance with parking regulations. Town senior staff and USFS personnel have walked the area to identify solutions. Despite a need to increase the parking lot size, a majority of the surrounding land is U.S. Forest Service property and they are not interested in expanding parking for this trailhead on federally -owned land. There is another potential site, which would be very impactful for the community, which has been removed from consideration. Fortunately, the Mountain School parking will be available this year and the school is allowing the use of their lots during non -school time periods. The school's generosity helps, but social media sites and concierge hiking recommendations are continuing to increase the attraction to the Booth Creek trail. To reduce private vehicle parking activity, the Welcome Center staff and Hosts have been asked to encourage guests to ride the bus, or use other trails. Lodging properties are being given updated 2017 hiking maps that include alternate routes, parking advice, bus stops for trails and other general information. The Town's Communications Information Office is producing an informational pamphlet for distribution at lodging properties. The document will convey bus timetables and routes and will list alternative hiking areas. Knowing that buses leave the Vail Transportation Center every half hour during the day starting at 6 AM and that the ride to a hike takes 6 minutes will conceivably appeal to many guests. The USFS staff is working with the Vail Valley Partnership to help convey these messages to the lodging community. The Town will use its social media resources to help message these issues and potential solutions. Additional "no parking" signs will be added at the entrance to a neighborhood. Cones have been placed on the roadway of Booth Falls Road and will remain for the summer May 16, 2017 - Page 60 of 74 season. Staffing and event workloads prohibit the assignment of an officer for this one street. Along with the distribution of information to boost bus ridership and explore alternate hiking spots, posting new signs and multiple parking options make up the most responsive approach to resolving this trailhead parking issue. We will continue to work with the Forest Service in efforts to reduce the impacts of hiker parking on the neighborhood. Town of Vail Page 2 May 16, 2017 - Page 61 of 74 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Gore Creek Education and Outreach Program Update PRESENTER(S): Peter Wadden, Watershed Education Coordinator ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council participate in the discussion and ask any pertinent questions. BACKGROUND: The Restore the Gore Strategic Plan (the "Plan") was adopted by Resolution 9, Series of 2016 on March 15, 2016. The Plan identifies five major strategies required to bring about the desired improvements in Gore Creek water quality and aquatic life. Education and Outreach is the first of those five strategy areas. Under the umbrella of Education and Outreach the Plan identifies five action areas: • Water Quality Literacy • Municipal Maintenance and Management Practices • Management of Creekside Landscapes • Commercial Activities • Online Information and Resources This presentation will review programs and projects completed, underway, and upcoming in 2017. STAFF RECOMMENDATION: As this an update to the Town Council, there is no staff recommendation at this time. ATTACHMENTS: Description Gore Creek Update Memo Gore Creek Update Appendix A May 16, 2017 - Page 62 of 74 TOWN OF VAIL' Memorandum To: Vail Town Council From: Community Development Department Date: May 16, 2017 Subject: Gore Creek Education and Outreach Program Update I. Purpose The purpose of this presentation is to provide an update on the 2016 Gore Creek Education and Outreach program and next steps in the ongoing effort to restore Gore Creek. 11. Background The Restore the Gore Strategic Plan (the "Plan") was adopted by Resolution 9, Series of 2016 on March 15, 2016. The Plan identifies five major strategies required to bring about the desired improvements in Gore Creek water quality and aquatic life. Education and Outreach is the first of those five strategy areas. Under the umbrella of Education and Outreach the Plan identifies five action areas: • Water Quality Literacy • Municipal Maintenance and Management Practices • Management of Creekside Landscapes • Commercial Activities • Online Information and Resources The Watershed Education Coordinator started at the Town on May 2, 2016. An overview of projects completed, those underway and several which are planned for 2017 follow. For reference, Appendix A indicates which strategic action areas of the Plan are fulfilled by each program or project. 111. Programs and Projects Underway or Completed Lunch with the Locals • Monthly lunch -break symposium or film • Typically well -attended (approximately 400 attendees so far in total) • Topics o Stream Ecology o Riparian Buffers and Native Planting o Noxious Weed Removal o Beavers and the Habitat They Create o The Next, Best West, film o "The Heart of Vail", short film about Gore Creek o Colorado Tree Pests o In -stream Flows and Water Temperature May 16, 2017 - Page 63 of 74 o Acid Mine Runoff and Point -Source Pollution o Stormwater Management o Soil Science o Streambank Stabilization Techniques Restore the Gore Leadership Training Free, annual training open to landscapers, property managers, pesticide applicators and landscape architects • Roughly 60 total participants in 2016 and 2017 • Model for other professional trainings (snow removal, bike shops, etc.) • Held on April 27, the second annual training drew about 30 new participants. Restoration Projects • Lionshead skier bridge restoration with ERWC • 319 grant PIP for stormwater management at Public Works • Volunteer projects • Contractor selection o RiverRestoration.org o Planning for 2017 Interpretive Signs • Five interpretive signs to be installed at Betty Ford Gardens in 2017 • Content developed for signage along Gore Valley Trail River Watch Monitoring • Opportunity to involve students and citizen scientists • Part of state-wide program • Ongoing, multi-year data on stream chemistry • Four sites on Gore Creek o Nutrients o Metals o Oxygen o PH o Alkalinity o Hardness Fall Stream Monitoring • Collaborate with other agencies and scientists • Monitor during low -flows in September and October o Macroinvertebrates o Fish populations o Water chemistry o In -stream flows Annual Stream Tract Survey • Field survey of town -owned stream tract • Photographed and documented encroachments • Mostly mowing and landscaping • Some structures, patios, furniture, fire pits and other improvements • Updated Magnet- properties with violations are now automatically flagged and will not be eligible for other permits until stream tract violations are resolved. Town of Vail Page 2 May 16, 2017 - Page 64 of 74 Stormwater Monitoring • Working with property managers and Eagle River Water and Sanitation District • Ongoing monitoring of outfalls of concern • E. coli testing when observations are made or reported • Very challenging due to frequent, non -permitted renovations of private condos and apartments East Vail Interchange Soil Sampling • Baseline monitoring of soil pollutants before project begins in 2017 Service Projects and Riparian Planting • Worked with ERWC, Gypsum Creek Middle, Eagle County Charter, town landscape crew, SOS Outreach, Stone Creek Charter, Betty Ford Alpine Garden, Summer Quest, Walking Mountains • Willow planting, noxious weed removal, native riparian vegetation established • Several thousand hours of volunteer work were completed along Gore Creek in 2016. Annual River Cleanup • Removed trash in stream and riparian zone, covered bridge to Lionshead skier bridge • 100-200 lbs. of trash collected • Part of valley -wide effort organized by Eagle River Watershed Council Outreach and Events The Watershed Education Coordinator tabled events and interacted with community members and guests to raise awareness of Gore Creek water quality issues at: • Go Pro Games • Hot Summer Nights • World Fly Fishing Championships • Trout Unlimited annual meeting • Burton US Open • Spring Back to Vail Outreach through Media • Six TV8 appearances to promote events and share the Restore the Gore message • Seven KZYR appearances • Several dozen ads on KZYR and The Mile • Vail Daily Cover, December 15 and February 10- stormwater outreach • Holiday Vail Daily promotional blitz • Educational video scheduled at public movies at Cinebistro all summer • Monthly Vail Daily Valley Voices column Summer Family Movie • Outdoor movie at Ford Amphitheater — Disney Nature's Bears and "The Heart of Vail" to 250 attendees • The event drew a new audience of families and individuals; most of whom had not heard the message elsewhere. • Coupled local message with a touching nature film Trainings for Town Staff These interactions almost always result in collaborative ideas, solutions and projects. Town of Vail Page 3 May 16, 2017 - Page 65 of 74 • Met with Public Works in August • Met with Parking staff in November • Training for PD and code enforcement scheduled for mid 2017 • Training additional town staff throughout spring and sumer • Welcome Center and Vail Resorts Red Jacket Orientation • Town Staff orientations Conferences and Collaborations Vail is not the only Colorado municipality facing stormwater and non -point source pollution issues. We can learn a lot from collaboration with our peers. • County Urban Runoff Group • Sustaining Colorado Watersheds 3 -day conference • Water Educator Network Symposium • Colorado Stream Stewardship Handbook Planning • Rocky Mountain Stream Restoration Conference Planning • Green Colorado irrigation BMP certification Project Re -Wild: A public-private cost -share This developing program is an effort to encourage best practices by offsetting costs of restoration and or technical assistance in design of riparian restoration projects for private homeowners. Goals: • Reduce impervious surfaces • Reduce landscaping chemical and water use for irrigation • Stabilize streambanks • Restore native vegetation • Prevent erosion, slow runoff and disrupt pathways for pollution to enter Gore Creek Consultations for homeowners and property managers The Watershed Education Coordinator offers free consultations, advice and resources for homeowners and property managers who want to undertake restoration and do it right. Marketing and Branding • Certificates and awards for trainees • Library display in October highlighted Gore Creek restoration effort • Stickers have been a fun, popular way to spread our message • LoveVail.org is updated continually with events, programs and information • RestoreGoreCreek on Instagram • Ongoing work with Vermilion (marketing firm) o Video narrated by Kim Langmaid o Stormwater campaign o Brochures o Infographics o Welcome Center Display IV. Next Steps Storm sewer education and art installation In 2016, hot dogs, cooking grease, cement, window cleaner and paint were all poured down storm drains in Vail. There is a clear need for stormwater education in the community. • Educational advertising has already appeared on in -town buses and in the Vail Daily. Town of Vail Page 4 May 16, 2017 - Page 66 of 74 • Summer art installation to raise awareness from June -September 2017. Restore the Gore Hotline The phone number 970 -476 -GORE (4673) has been set up as a spill hotline and will accommodate callers at all hours Project Re -Wild Details of the program are to be finalized in time for projects to begin in summer 2017 Lunch with the Locals Will continue with the following topics already scheduled: • Integrated Pest Management with Nick Courtens o May 24 • How DNA analysis has reshaped classification of native trout With Matt Grove and Kendall Bakich o June 21? • Life cycles of Native Dragonflies with Pete Wadden o July 12 • Xeriscaping with Jeff Pieper o August 24? Summer Movie 2.0 at Ford Amphitheater Nature film on August 25, 2017 to gather an audience of community members and spread our message. Fishing is Fun Grant for Vail Nature Center The environmental team has prepared an application for funds to support fishing access, habitat improvements and trail restoration in accordance with Ford Park Master Plan and Vail Nature Center Interpretive Master Plan. The application has advanced to the second round of review and the Watershed Education Coordinator will present the proposed project to the CPW review board on May 23rd. Integrated Pest Management (IPM) education campaign • Collaboration with Betty Ford Gardens in 2017 • Town's pest management approach will be used as an example • Vail Daily column in mid-May Riparian Restoration and Streambank Stabilization Projects • Watershed Education Coordinator photographed and documented all areas identified for restoration by Lotic Hydrological in 2016 • Majority of projects will begin in 2017 • Projects to be completed with combination of professional labor and expertise (RiverRestoration.org) and volunteer work V. Attachments a. Programs Underway and Related Strategic Areas Town of Vail Page 5 May 16, 2017 - Page 67 of 74 Appendix A: Education and Outreach Action Items from the Gore Creek Strategic Action Plan The following action items are organized in a Table 1 at the end of this appendix which identifies how each education and outreach program currently underway fulfills one or more of the recommended action items from the Gore Creek Strategic Action Plan. Categories of action items are organized by column and specific actions are listed by the number used to identify them in the plan. For example: the program "Lunch with the Locals" fulfills Water Quality Literacy recommended actions 1 and 2. Those are: 1. Conduct meetings and field visits where Town staff, elected officials and community members can observe and discuss key areas in need of revegetation or structural stormwater controls. 2. Maintain partnerships with watershed organizations to remove trash from Gore Creek and its tributaries and facilitate other hands-on experiences that help build personal connections with streams and rivers (e.g. volunteer revegetation projects on Town -owned property along Gore Creek). A. WATER QUALITY LITERACY Enhancing opportunities for individuals to directly observe or learn about the causes of water quality impairments on Gore Creek will help local residents and visitors more easily identify with those issues and understand the importance of restoration and protection efforts recommended by the GAP. Recommended Actions 1. Conduct meetings and field visits where Town staff, elected officials and community members can observe and discuss key areas in need of revegetation or structural stormwater controls. 2. Maintain partnerships with watershed organizations to remove trash from Gore Creek and its tributaries and facilitate other hands-on experiences that help build personal connections with streams and rivers (e.g. volunteer revegetation projects on Town -owned property along Gore Creek). 3. Partner with existing non-profit organizations (e.g. Eagle River Watershed Council, American Rivers, Trout Unlimited, Walking Mountains, and the Colorado State University (CSU) Extension Program) to organize, manage and implement education and outreach activities that increase basic riparian literacy and familiarity with best management practices for creek friendly landscaping practices. Include an explanation as to how riparian vegetation can prevent property loss to the stream. B. MUNICIPAL MAINTENANCE AND MANAGEMENT May 16, 2017 - Page 68 of 74 TOV facilities and properties should serve as an example of superior stormwater management for the greater community. To this end, the Town should ensure that staff and operators understand the presence and purpose of specific best management practices on Gore Creek, its tributaries, and surrounding riparian areas that result from Plan implementation. TOV should additionally provide Town operators with appropriate training and instructional material to guide and encourage them to incorporate BMPs into their existing maintenance and management practices. Recommended Actions 1. Establish a certification program and provide necessary training for implementing Erosion and Sediment Control (ESC) plan monitoring and enforcement for all Town Project Managers. 2. Support and incentivize project managers' attendance in regular ESC training courses. 3. Train municipal staff to recognize all potentially harmful discharges into the creek and immediately report them by texting a photo and location of the concern to the TOV Environmental Sustainability Manager. 4. Provide Stormwater Pollution Prevention BMP guidance documents for employee reference. Provide general stormwater awareness information to all new municipal employees. Post information about urban runoff management practices in common areas of municipal buildings. 5. Train inspectors to identify and remedy problems with stormwater conveyances. 6. Train maintenance employees in proper identification and handling of contaminated waste collected in stormwater infrastructure according to RCRA, State and local regulations. 7. Ensure that all storm drains in Vail are marked with a message warning that the structure drains to Gore Creek. 8. Add a service phone number to trash, recycling, and pet waste receptacles located in town and public parks to encourage users to contact the responsible parties when the receptacle needs to be serviced. 9. Conduct voluntary auditing and reporting within TOV divisions to identify areas of improvement and demonstrate to other stakeholders that the Town is making a concerted effort to improve stormwater management. C. MANAGEMENT OF CREEKSIDE LANDSCAPES Changes in the management of creekside landscapes throughout Vail can improve the functioning of riparian buffer, ultimately disrupting pollution pathways into Gore Creek. Shifts in management and maintenance approaches may be promoted by providing private homeowners, property managers, and landscaping companies with the knowledge, resources and incentives to maintain healthy and attractive lawns, gardens and turf (where appropriate) in a manner that promotes high levels of water quality in downstream waters. May 16, 2017 - Page 69 of 74 Recommended Actions 1. Offer educational opportunities for homeowners, contractors, HOAs, landscaping companies, and commercial businesses to obtain more information about BMPs for yards and gardens and other creekside landscapes. See that these educational opportunities include discussions of water conservation, permeability, and retention practices for lawns and gardens. 2. Develop a criteria manual for "creek friendly" landscaping practices. Distribute the manual to homeowners, property managers, and landscapers. 3. Develop a yard/garden assistance program where Town staff and groups of volunteers work to improve vegetative buffer extent and function in an aesthetically pleasing manner on privately owned streamside properties. Provide matching grants to program applicants (up to 50% of total cost) for revegetation work conducted on their property. Require program applicants to file a faithful performance bond, letter of credit, or other improvement security and utilize repeated annual monitoring to ensure that restored landscapes are properly maintained for maximum water quality benefit. 4. Develop a "Creek Friendly Lawn" competition that once annually recognizes properties exhibiting exemplary vegetated buffers that are both beautiful and highly effective at controlling urban runoff. Use competition results as a marketing tool to promote the aforementioned yard/garden assistance program. D. COMMERCIAL ACTIVITIES Changes in the management of creekside landscapes throughout Vail can improve the functioning of riparian buffer, ultimately disrupting pollution pathways into Gore Creek. A healthy Gore Creek offers value to business in a way that is not experienced by other stakeholders. TOV should inform the owners and managers of commercial operations of special attention required to prevent or correct any non -point source pollution concerns associated with their specific business type. Recommended Actions 1. Conduct direct focused outreach to pesticide applicators and landscape maintenance companies. Provide instruction for reducing water quality impacts associated with turf management and pesticide control practices. Focus on insecticide spraying and mowing patterns in riparian areas. Provide maps of TOV stream tract and delineated zones of water quality influence. Ensure that business owners are aware of the consequences of conducting any type of work on Town property without the appropriate permissions. 2. Subsidize/host free or low cost ESC training courses for TOV staff and/or local contractors and builders. E. ONLINE INFORMATION AND RESOURCES Stakeholder participation and outreach will be amplified with a unified and modern education and outreach campaign. Leverage the Love Vail platform to develop a strong online presence, May 16, 2017 - Page 70 of 74 provide easy access to digital resources, and engage residents and visitors through social media. Digital education and outreach efforts should target residents, businesses, teachers, construction contractors, property managers, and TOV municipal divisions. Recommended Actions 1. Design a user friendly TOV website that includes the following: a.) General information - Provide introduction and justification for the GAP, links to the GAP and associated updates, instructional videos, State of Colorado water quality resources, water quality information resources provided by federal agencies, and relevant Town of Vail regulations manuals and inspection guidelines. b.) Stormwater Basics - Discuss importance of stormwater management and identify common urban runoff pollutants. Provide guidance for protecting water quality on residential, municipal, and commercial properties. c.) Watershed Background - Provide maps of the watershed that identify land uses, surficial geology, impervious areas and major tributaries to Gore Creek. Discuss prior efforts in watershed planning, historical and current water quality in Gore Creek. d.) Pollution Prevention - Discuss what to watch for and ways to help. Link to relevant municipal resources, identify contact(s) to report problems. e.) Regulations and Policies - Outline the objectives of the local regulations, general prohibitions, general exemptions, ordinances by region/zone, and repercussions for violations. f.) Opportunities to Get Involved — Provide information on upcoming events (e.g. community trash cleanup, targeted business outreach seminars). Provide information about the yard/garden assistance program and the Creek Friendly Lawn competition. g.) Partnerships - Provide contact information for watershed stewardship partners and link to relevant materials provided by those partners. h.) Informational content and organization modeled after the Keep It Clean Partnership (www.keepitcleanpartnership.org). Tailor content for each of the following target audiences: • Residents: Provide information about pet waste, lawn and garden, vehicle maintenance, household hazardous waste, storm drain protection, and opportunities to get involved at the individual level. • Businesses: Provide information about cleaning of equipment and buildings, spills, materials handling, cooling and refrigeration equipment maintenance, landscaping and grounds maintenance, dumpster and loading dock areas, parking lots, and illegal connections to storm drainage systems. Provide links to business education programs. Sort resources by business category (i.e. gas stations, landscapers, restaurants, carpet cleaners, etc.). May 16, 2017 - Page 71 of 74 • Teachers: Provide links to educational materials that meet Colorado State Standards and cover water quality and urban runoff related topics. Detail teacher workshop dates and other teaching resources. • Construction Companies: Provide information about the impact of development on water quality, relevant rules and regulations, water quality protection guidelines for properties of various sizes, resources for post-construction stormwater management, and stormwater training events/dates. • Property Managers/HOAs: Provide information about common sources of pollutants from facilities. Post pollution prevention checklists (i.e. training, inspections, proper cover and storage, etc.) and guides for maintaining structural stormwater controls. Provide information about how to pick contractors that minimize water quality risks. Provide contact information for requesting a free site visit by Town staff. • Municipal Staff: Provide links to relevant operations and maintenance manuals and policies. List special training events/dates. Provide links to relevant programmatic, maintenance, and planning resources. May 16, 2017 - Page 72 of 74 Table 1: Gore Creek Education and Outreach Programs and Associated Strategic Action Areas from Gore Creek Strategic Action Plan Project or Program =Water II. Quality Municipal, Maintenance anagement Commercial Creekside Activities Online information Literacy and Landscapes and Resources Management Practices Lunch with the Locals 1,2 Restore the Gore Leadership Training 2,3 1 1,2 Restoration Projects 1 4,9 Red Sandstone Pilot Project 1 1 Interpretive Signs 3 River Watch Monitoring 2,3 Fall Stream Monitoring 2,3 Annual Stream Tract Survey 1 1 Stormwater Monitoring 9 East Vail Interchange Soil Sampling 1 Service Projects and Riparian Planting 2,3 1 Annual River Cleanup 2,3 1 Outreach Events 2,3 Outreach through Media 2,3 1 Summer Family Movie 3 Trainings for Town Staff 1,3,4,6 Conferences and Collaborations 3 Project Re -Wild 3,4 1,3,4 Homeowner consultations 2,3 1,3 Marketing and Branding 1 Stormwater Education 7 Restore the Gore Hotline 3,8 Fishing is Fun Grant 2,3 Burton U.S. Open Outreach 2,3 IPM Education Campaign 1,2,3 1 May 16, 2017 - Page 73 of 74 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Adjournment 7:30 pm TOWN Of9 May 16, 2017 - Page 74 of 74