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HomeMy WebLinkAbout2020-03-03 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E T IN G E vening Agenda Town Council Chambers 6:00 P M, March 3, 2020 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Any action as a result of executive session 3.P roclamations 3.1.Proc lamation No. 2, Series of 2020, I n Rec ognition of Vail's Trailblazer Award Recipient J osef S taufer 15 min. Presenter(s): Dave Chapin, Mayor Bac kground: J osef Staufer was chosen as the fifth rec ipient of the Vail Trailblazer Award 4.Consent Agenda (5 min.) 4.1.February 4, 2020 Town Council Meeting Minutes 4.2.February 18, 2020 Town C ounc il Meeting Minutes 4.3.Resolution No. 6, Series of 2020, Resolution approving an Intergovernmental Agreement between the Town of Vail and the Eagle River Fire Protection District Staff Rec ommendation: Approve on consent, Resolution No. 6, Series of 2020, Mutual/Automatic Aid I nter-Governmental Agreement between the Town of Vail and Eagle River Fire Protection District. 4.4.Resolution No. 8, Series of 2020 a Resolution approving an agreement between the Town of Vail and the State of Colorado Department of Human Services for co-responder mental health services. Bac kground: The I ntergovernmental Agreement with the State of C olorado Department of Human Servic es for mental health service is necessary and will promote the health, safety, morals, and general welfare of the Town. March 3, 2020 - Page 1 of 359 Staff Rec ommendation: Approve on consent, Resolution No. 8, Series of 2020 a Resolution approving an agreement between the Town of Vail and the State of Colorado Department of Human Services for c o-responder mental health services. 4.5.Resolution No. 9, Series of 2020 , A Resolution Approving an Amended Operating Plan and Budget of the Vail Loc al Marketing D istrict for its Fisc al Year J anuary 1, 2020 Through December 31, 2020. Bac kground: See attached memo. Staff Rec ommendation: Approve, approved with amendments or deny Resolution No. 9, Series of 2020. 4.6.Sunbird Park Fountain Repair Project Construction Contrac t Award Bac kground: Bids for the S unbird Park Fountain Repair Project were rec eived on February 13, 2020 with 1 bidder responding. The bid submitted by I c on, I nc. is a responsible bid and is within the available allocation within the 2020 Real Estate Transfer Tax budget. Staff Rec ommendation: Town S taff rec ommends the Town C ounc il direct the Town Manager to enter into a c onstruc tion c ontract with I c on, I nc . in the amount of $123,900.00 for the construction of the Sunbird P ark Fountain Repair Projec t. 4.7.Professional Services Agreement with Vail Daily Bac kground: The Town of Vail 2020 operating budget provides for print and digital advertising in public ations produced by Colorado Mountain News Media ac ross all departments. This budgeting process provides the foundation to establish advertising rates for 2020 as desc ribed in a partnership agreement with C olorado Mountain News Media. The agreement is for up to $105,000 to be spent ac ross all departments whic h is over 50% off community rates. I n acc ordance with town policy, the Town Council must authorize the Town Manager or its designee to enter into agreements above $50,000. Staff Rec ommendation: Authorize the Town Manager to enter into the Professional Serivce Agreement with Vail Daily in a form approved by the Town Attorney not to exceed $105,000. 4.8.Taste of Vail Funding Agreement Bac kground: The Commission of Spec ial Events granted funding in 2020 to the event producer Taste of Vail in the amount of $55,000 for the Taste of Vail Spring Event in April. I t is Vail Town policy that the Town Council has to authorize the Town Manger to enter into agreements above $50,000. Staff Rec ommendation: Authorize the Town Manager to enter into an a funding agreement in a form approved by the Town Attorney, with event producer Taste of Vail in an amount not to exc eed $55,000. 4.9.Services Agreement with I nterc ept I nsight for 2020 Special E vent Survey s. Bac kground: C S E and staff have selected the service provider for the 2020 Special Event Surveys to be c ollected at selec ted 2020 events. The contract amount is $53,328. I t is Vail Town policy that the Town Council has to authorize the Town Manager to enter into agreements over $50,000. Staff Rec ommendation: Authorize the Town Manager to enter into a servic e agreement on a form approved by the Town Attorney, with I ntercept I nsight in an amount not to exceed $53,328. 4.10.Roc ky Mountain Burger Battle and C raft Beer Classic Funding Agreement March 3, 2020 - Page 2 of 359 Bac kground: The Commission of Spec ial Events granted funding in 2020 to the event producer Team P layer Productions in the amount of $65,000 for the Rocky Mountain Burger B attle and Craft Beer Classic in J une. I t is Vail Town policy that the Town Council has to authorize the Town Manger to enter into agreements above $50,000. Staff Rec ommendation: Authorize the Town Manager to enter into an a funding agreement on a form approved by the Town Attorney, with event producer Team Player Productions in an amount not to exc eed $65,000. 4.11.Spring Bac k to Vail Funding Agreement Bac kground: The Town C ounc il granted funding in 2020 to Highline Sports and Entertainment in the amount of $550,000 for the Spring Back to Vail event in April. I t is Vail Town policy that the Town Council has to authorize the Town Manger to enter into agreements above $50,000. Staff Rec ommendation: Authorize the Town Manager to enter into an a funding agreement on a form approved by the Town Attorney, with event producer Highline Sports and Entertainment in an amount not to exceed $550,000. 5.Appointments for Boards and Commissions 5.1.Art in Public Places (A I P P ) Board Appointments 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Counc il: Motion to appoint five people to the A I P P Board for a two year term ending Marc h 31, 2022. 6.Town Manager Report (10 min.) 6.1.W ildlife Task Force Update 7.P resentations / Discussion 7.1.An update on a proposed ballot initiative for the town.10 min. Presenter(s): Kathleen Halloran, Finance Direc tor Action Requested of Counc il: Please provide feedback to staff on proposed next steps. Bac kground: The town is contemplating going to the voters in November for permanent, reliable sourc e of funding for investments in housing and special events / arts & cultural programming. This is an update to Town Council on proposed next steps and a timetable of actions prior to a decision on pursuing a ballot question. Staff Rec ommendation: P lease provide feedbac k to staff. 8.Action Items 8.1.Resolution No. 7, Series of 2020, Resolution Adopting of Vail Fire and Emergenc y Services Response Performance Objectives and presentation on Vail Fire and Emergenc y S ervices C ommunity Risk Assessment/Standards of C over. 40 min. Presenter(s): Mark Novak, Fire C hief; Ric h Buc hanan Emergency Services C onsulting I nternational Action Requested of Counc il: A pprove or approve with modific ations, Resolution No. 7, Series of 2020, A Resolution Adopting Vail Fire and Emergenc y Services Response Performance Objectives. March 3, 2020 - Page 3 of 359 Bac kground: Vail Fire and E mergenc y Services recently c ompleted a Community Risk Assessment/S tandards of Cover analy sis. A Standard of Cover provides a baseline for improving emergency servic e delivery when ac companied by adopted response performanc e objec tives. Resolution No. 7 Series of 2020 establishes response performance objectives for Vail Fire and Emergenc y Services. Staff Rec ommendation: Approve Resolution No. 7, Series of 2020, A Resolution Adopting Vail Fire and Emergency Services Response Performance Objectives. 9.Adjournment 9.1.Adjournment 7:25 (estimate) Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. March 3, 2020 - Page 4 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : P roclamation No. 2, S eries of 2020, I n Recognition of Vail's Trailblazer Award Recipient J osef S tauf er P RE S E NT E R(S ): D ave C hapin, Mayor B AC K G RO UND: J osef Stauf er was chosen as the f if th recipient of the Vail Trailblazer Award AT TAC H ME N TS : Description Proclamation N o. 2, Series of 2020 March 3, 2020 - Page 5 of 359 PROCLAMATION NO. 2, SERIES OF 2020 IN RECOGNITION OF VAIL’S TRAILBLAZER AWARD RECIPIENT JOSEF STAUFER WHEREAS , the Town of Vail celebrated its 50 th birthday of incorporation as a municipality on August 23, 2016, with numerous festivities taking place, including the debut of the Vail Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplif ies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact; WHEREAS, Austrian born Josef Staufer and wife Anne arrived in Vail in 1963 when Vail was very young, only ten days old and not yet on the map, at which time Staufer helped the early developers to embrace the vision to model Vail after an alpine mountain town saying, “if this place doesn’t make it, nothing will”; WHEREAS, Staufer served in various hotel and restaurant management positions, including Mid-Vail, Lodge at Vail and Manor Vail, before eventually partnering with an investor to purchase the Vail Village Inn in 1969 ; WHEREAS , Staufer was instrumental in founding Vail’s original chamber of commerce and credited with convincing his bosses to extend the Lodge at Vail’s season during those early years in recognition of Vail’s potential as a summer destination; WHEREAS , Staufer’s civic leadership was realized in 1972 when he was elected to the Vail Town Council, a time when Vail was turning the corner on its first decade that year, and a profile in the Vail Trail newspaper identified Staufer as “A Fighter for Tomorrow”, helping to acquire the land that would eventually become Ford Park, and saving it from certain development; March 3, 2020 - Page 6 of 359 WHEREAS , Staufer was among those who helped persuade the Eagle County School District to build an elementary school in Vail by offering up town property for the eventual construction of Red Sandstone Elementary ; NOW, THEREFORE , be it proclaimed by the Mayor and Vail Town Council, the fifth recipient of the Vail Trailblazer Award is Josef Staufer, a pioneer who has been instrumental in shaping Vail through the decades with his reputation for hard work, loyalty and unimpeachable integrity. We owe our gratitude to Josef for having the courage, leadership, vision, commitment and that shows the spirit of Vail in supporting its social, recreational, cultural and environmental values; this is our tribute to you as we extend our sincerest appreciation for your amazing and exceptional contributions to the betterment of the Town of Vail and broader community. Dated this 3rd day of March 2020. Vail Town Council Attest: _____________________________________________________ Dave Chapin, Mayor Tammy Nagel , Town Clerk March 3, 2020 - Page 7 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : F ebruary 4, 2020 Town Council Meeting Minutes AT TAC H ME N TS : Description February 4, 2020 Town Council Meeting Minutes March 3, 2020 - Page 8 of 359 Town Co uncil M eeting Minutes of February 4, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, February 4, 2020 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: Dave Chapin, Mayor Kim Langm aid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Brian Stockmar Members absent: Jen Mason Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Tammy Nagel, Town Clerk 1. Citizen Participation (10 min.) Barry Davis, Vail resident, stated he has a child who attended Children’s Garden of Learning (CGL) and part of the reason his wife and him chose CGL was due to its location. Davis said the location was ideal for working families and allow ed the c hildren to access the nature trails and villages in a safe manner. Davis was concerned CGL could face challenges in retaining their dedicated staff if there was uncertainty if CGL had to move due to affordable housing development. Davis was in support of affordable housing and stated if the school needed to move safety and nature were important factors to consider when choosing the new location. Otto Megan, Vail resident, said housing was important but so was having families in Vail and providing daycare in the community they lived in. CGL had a waiting list of 200 kids and CGL was a valuable resource to the Vail community . Megan encourage council to look at other options for the housing development. Scott Moore, parent of children at CGL, requested council look at other options for the location of housing. Moore stated CGL was one of the reasons for his family living and working in Vail. Moore added CG was a great school. George Carney, Vail resident, felt CGL was a unique jewel and beyond special. Carney acknowledged affordable housing was a problem and felt the short-term rental (STR) market did not help our community. Carney questioned how the Town could regulate STR more and encouraged council to get creative about housing before uprooting the school and disrupting children’s education and experience. There needed to work towards a balance and continue to make this a great place to work and live 2. Any action as a result of executive session March 3, 2020 - Page 9 of 359 Town Co uncil M eeting Minutes of February 4, 2020 Page 2 There was none. 3. Proclamations 3.1. Proclamation No. 1, Series of 2020, One Book One Valley 2020, A Valley- Wide Community Read Sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail and the County of Eagle Presenter(s): Dave Chapin, Mayor Council members each read a part of Proclamation No. 1, Series of 2020 into the record. Librarian Lori Barnes encouraged everyone to read the young adult book title: "I am Not Your Perfect Mexican Daughter" by Erika L. Sanchez. Barnes thanked council for their support. 4. Consent Agenda (5 min.) 4.1. January 7, 2020 Town Council Meeting Minutes Bruno made a motion to approve the January 7, 2020 meeting minutes; Coggin seconded the motion passed (6-0). 4.2. January 21, 2020 Town Council Meeting Minutes Bruno made a motion to approv e the January 7, 2020 meeting minutes; Foley seconded the motion passed (6-0). 4.3. Resolution No. 4 Series of 2020, Approving a Donation Agreement between t he Town of Vail and Chargepoint Inc, for the Donation of Electric Vehicle Chargi ng Stations Background: ChargePoint Inc. wishes to donate and the Town of Vail wishes to accept the donation of one or more charging stations pursuant to the terms of the Donation Agreement. Staff Recommendation: Authorize the Town Manager to enter into the Donation Agreement in a form approved by the Town Attorney. Bruno made a motion to approve Resolution N o. 4, Series of 2020; Langmaid seconded the motion passed (6-0). 4.4. I-70 Exit 173 Water Quality Improvements Contract Award Background: The Town of Vail’s Gore Cr eek Water Quality Improvement Plan identified the I-70 West Vail interchange (Exit 173) as a high priority area for water quality improvements. The goal of the project is to increase water quality treatment effectiveness, potentially adding filtration to capture sediment, oil, metals and salts. Staff issued a Request for Proposals in January 2020 f or professional design services for water quality improvements at the West Vail interchange. Staff received 2 proposals for the I -70 Exit 173 Water Quality Improvements Project from Wright Water Engineers, Inc. and RESPEC. Construction is scheduled f or the fall of 2020. March 3, 2020 - Page 10 of 359 Town Co uncil M eeting Minutes of February 4, 2020 Page 3 Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Wright Water Engineer s, Inc to complete the I-70 Exit 173 Water Quality Improvements Project in the amount not to exc eed $80,000.00. Foley made a motion to authorize the Town Manager to enter into an agreement with Wright Water Engineers Inc not to exceed $80,000; Coggin seconded the motion passed (6-0). 4.5. Elevator Modernization Contract Award Background: Recently the elevator in the municipal building was out of service and temporary repairs have been made. The elevator will require modernization for regular operation and compliance with the Americans with Disabilities Act. The lead time for fabrication of the necessary parts and equipment is eight to nine weeks and the work should be done as soon as possible to ensure a long-term outage does not impact operations. The repair will then take approximately 4 weeks during which the elevator will be out of serv ice and a temporary ADA compliance plan will need to be put in place. Staff Recommendation: Authorize the Town Manager to enter into a contract with thyssenkrupp Elev ator Corporation in a form approved by the town attorney not to exceed $122,469. Bruno m ade a motion to authorize the Town Manager to enter into a contract with thyssenkrupp Elevator Corporation not to exceed $122,469; Foley seconded the motion passed (6-0). 5. Town Manager Report (10 min.) Robson provided an update on a meeting with Forest Servic e concerning the Forest Health Fuels Reduction Task Force and internal steps USFS was making to move forward with an Environmental Assessment for 4,400 acres in the East Vail area, including 2,400 wilderness acres. The assessment could take a year to complete and would assess landscape-wide treatment - prescribed burns, manual pruning and potential mechanical treatment on the 4,400 acres. The Town would play a role in helping to fund the assessment. Robson commended the great work the Vail police department did last night in assisting with the I-70 Vail Pass closure. Robson additionally shared that the mayor would be signing a letter to the U.S. Attorney General regarding Chief Henninger's participation on a federal law enforcement commission. 6. Presentations / Discussion 6.1. Census 2020 Update30 min. Presenter(s): Sean Koenig, GIS Action Requested of Council: No action requested Background: As mandated by the Constitution, and conducted by the U.S. Census Bureau, the census is a comprehensive count, conducted every 10 years, of every person living i n all 50 states, the District of Columbia, and five U.S. territories. The presentation will provide inform ation relevant to the upcoming 2020 Census, the importance of the data gathered during March 3, 2020 - Page 11 of 359 Town Co uncil M eeting Minutes of February 4, 2020 Page 4 the census, and details regarding local initiatives and partner ships underway in order to engage local stakeholders and motivate people to respond. Koenig provided an ov er v iew of the 2020 Census and what residents c ould expect. Census day is April 1, 2020. Vail residents who home mail delivery : ✓ M arch 12- 20 will receive an invitation to respond to the census electronically. ✓ March 16- April 3 reminder letters will be received encouraging residents who hav e not responded to respond online. ✓ April 8 – 16 a paper questionnaire will be mailed out to residents who have not yet responded. ✓ April 20 – 27 “It’s not too late” postcard would be sent to non-census responders. Vail residents who are PO Box holders: ✓ March 16 – April 10 will receive an invitation to respond to the census electronically ✓ After April 10 a paper questionnaire will be mailed out to residents who have not yet responded. • May 9 begins in person nonresponse follow up. • July 24 was the deadline for the self -response Koenig stated a residence should complete one Census per household and to count everyone living there as of April 1, 2020. Residents could go to the Vail Town Library to complete their questionnaires online. Council thank ed Koenig and encouraging everyone to participate in the upcoming census count. 6.2. Vail Let’s Be Blunt Marijuana Public Education Campaign 10 min. Presenter(s): Craig Bettis, Police Commander Action Requested of Council: Information only Background: The Vail Police Department has partnered with the Eagle County Sheriff’s Office in launching “Vail Let’s Be Blunt,” an edgy media campaign to educate residents and visitors about Colorado marijuana laws to inspire responsible and lawful use. The campaign neither advocates nor discourages consumption, but rather educates and emphasizes safe and courteous use. Campaign content will be released every two weeks through a variety of Vail and Eagle County social media platforms. Funding for the project came from a Marijuana Impact Grant awarded to the Vail PD by the Colorado Department of Local Affairs. Bettis provided an overview of the "Vail Let's Be Blunt" marijuana public education campaign. The campaign was to educate guests and residents of the marijuana laws in the State. The campaign would neither advocate nor discourage consumption, but rather educate and emphasize safe and courteous use. 6.3. Next steps for implementation of the 2018/2019 Vail Civic Area Plan. 30 min. Presenter(s): Matt Gennett, Community Development Director March 3, 2020 - Page 12 of 359 Town Co uncil M eeting Minutes of February 4, 2020 Page 5 Action Requested of Council: Staff asks the Town Council to provide direction to initiate a comprehensive mark et and economic analysis for potential improvements envisioned for the Charter Bus Lot/Dobson Ice Arena; and, to work with the Urban Land Institute (ULI) to explore highest and best uses on both sites. Background: 2018/2019 Vail Civic Area Plan was adopted on November 5, 2019 and defines the vision for a revitalized community focal point in the Town of Vail; a place where facilities, activity, and programing will bring people together for cultural, social, and recreational experiences. It also lays out a f ramework for connecting the community, fostering collaboration, and creating spaces for residents and guests to share ideas. The plan includes preliminary financial feasibility and market studies to accurately consider the economics of each option presented in the plan. Staff recommends initiating a comprehensive market and economic analysis for potential improvements envisioned for the Charter Bus Lot/Dobson Ice Arena site and Municipal Building site and to work with Urban Land Institute to explore highest and best uses. Gennett provided an overview of the Vail Civic Area Plan and the sites for discussion tonight. The Plan was adopted on November 5, 2019 and defined the vision for a revitalized community focal point in the Town of Vail; a place where facilities, activity, and programing w ould bring people together for cultural, social, and recreational experiences. Gennett reviewed the next steps on a site by site basis. Charter Bus Lot/Dobson Ice Arena • Complete a comprehensive market and economic analysis for potential improvements for the Charter Bus Lot and Dobson Ice Arena. ➢ The focus of the market analysis would be to understand market potential, ➢ the antic ipated level of utilization, and ➢ to determine optimal sizing and program elements of these facilities. ➢ The focus of the economic analysis will be to understand the potential direct and indirect economic benefits of these facilities and to estimate ongoing operation costs. • Complete schematic design alternatives for ice and multipurpose event facilities. • Determine the preferred design and programmatic approach for ice and multi-purpose event facilities. • Study design alternatives for how other potential uses and improvements at the Charter Bus Lot could be accommodated. • Based on schematic designs, prepare updated cost estimates and alternative funding strategies for those potential improvements. • Finalize the development program and design plans for the site. Municipal Building Site • Determine the feasibility and desirability of re-locating municipal functions to the Charter Bus Lot. • Complete schematic design studies to understand the development potential of that site • Determine the preferred use of any development parcel that may be created at that site. • Explore P3 opportunities for the redevelopment of the Municipal Building Site. Lionshead Parking Structure March 3, 2020 - Page 13 of 359 Town Co uncil M eeting Minutes of February 4, 2020 Page 6 • Define the potential need for community uses and determine the preferred use(s) of the building wrap. • Complete schematic design to better understand the development potential of that site. • Explore opportunities for public/private collaborations for the development of the building wrap. • Prepare schematic designs for streetscape improvements to East Lionshead Circle. Lot 10 • Initiate a community design process for improvements to Lot 10 to determine how that space can be used, design features, etc. • Initiate dialogue with neighboring property owners on improvements to Lot 10. • Coordinate with the Environmental Sustainability Department on improvem ents to Middle Creek. Vail Public Library • Work with Library staff to identify the Library’s long-term space needs that could be accommodated by a second level addition. • Work with Library staff to identify the potential for outdoor programing that could be accommodated by improvements to the south lawn. • Evaluate the potential need for community space that could be accommodated by a second level addition. • Identify programs to improve library user’s experience Council expressed the importance of a demand analysis study and to evaluate return on investment. Council was looking forward to involving the Urban Land Institute. Public comment was asked for: Kaitlyn Murray, Bravo Vail, supported the next steps on the plan and would love to be part of the pr ocess. Murray stated that hotel ballrooms were not c oncert venues. Council supported the next steps that were presented and asked about the funding for the study. Gennett responded he had the budget to begin the studies and will come back shortly to council. There being no further business to come before the counc il, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 7:41p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk March 3, 2020 - Page 14 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : F ebruary 18, 2020 Town C ouncil Meeting Minutes AT TAC H ME N TS : Description February 18, 2020 Town C ouncil Meeting Minutes March 3, 2020 - Page 15 of 359 Town Co uncil M eeting Minutes of February 18, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, February 18, 2020 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: Dave Chapin, Mayor Kim Langm aid, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Brian Stockmar Members absent: Jenn Bruno Staff members present: Scott Robson, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation (10 min.) Diane Nichol, Vail resident, talked about Children’s Garden of Learning (CGL) programing and the ideal setting of the school. Nichol stated location was key with trails and villages were easily accessed for the teachers and c hildren. M oving the school to a temporary building would cause possible loss of teachers/staff and families attending. 2. Any action as a result of executive session There was no action as a result of executive session 3. Consent Agenda (5 min.) 3.1. Resolution No. 5, Series of 2020, A Resolution Approving a Grant Agreement with Colorado Department of Transportation for Transit Facility Electric Service Upgrades and Install Charges; and Setting Forth Details in Regard Thereto. Background: The Town of Vail is in the process of replacing the bus fleet to battery electric buses. This project relates to the infrastructure needed to upgrade the Town bus barn to support depot charging of a battery -electric bus fleet. The Colorado Department of Transportation is supporting this project with 2020 FASTER funds. The agreement outlines both parties’ responsibilities. Staff Recommendation: Authorize the Town Manager to enter into the Grant Agreement with Colorado Department of Transportation in a form approved by the Town Attorney. March 3, 2020 - Page 16 of 359 Town Co uncil M eeting Minutes of February 18, 2020 Page 2 Foley made a motion to approve Resolution No. 5, Series of 2020; Langmaid seconded the m otion passed (6-0). 3.2. Grand View at Lionshead Management Agreement Background: Management contract between Town of Vail and Donovan Pavilion Management, Inc. for services managing the Grand View meeting space at the Lionshead Welcome Center. Staf f Recommendation: Authorize the Town Manager to enter into a five-year agreement with Donovan Pavilion Management, Inc for managing the Grand View meeting space at the Lionshead Welcome Center. Foley made a motion to approve the Grand View contract with Donovan Pavilion Management Inc; Coggin seconded the m otion passed (6-0). 3.3. John F. Donovan Pavilion Management Agreement Background: Management contract between Town of Vail and Donovan Pavilion Management, Inc. for services associated with managing Donovan Pavilion. Staff Recommendation: Authorize the Town Manager to enter into a five-year agreement with Donovan Pavilion Management, Inc for services associated with managing the Donovan Pavilion. Coggin made a motion to approve the Donovan Pavilion contract with Donovan Management Inc; Foley seconded the motion passed (6-0). 3.4. Vail 2020 Overlay Contract Award Background: Staff received 3 bids for the Vail 2020 Overlay Project from 360 Paving, Elam Construction and United Companies. The project is budgeted with the Capital Street Maintenance budget and is within the engineer’s estimate. Roads included in this year’s asphalt overlay project include West Lionshead Circle, East Lionshead Circle, West Meadow Drive and Bighorn Road from Exit 180 to Pitkin Creek. The project is scheduled to be completed by June 18, 2020. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving LLC to complete the Vail 2020 Overlay Project in the amount not to exceed $340,000.00. Coggin made a motion to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving LLC to complete the Vail 2020 Overlay Project in the amount not to exceed $340,000.00; Langmaid seconded the motion passed (6-0). 3.5. Powabunga Music Festival Contract Award Background: The Commission of Special Events granted funding in 2020 to the event producer Full Send Productions in the amount of $79,790 for the Powabunga music festival in April. It is Vail Town policy that the Town Council has to authorize the Town Manger to enter into agreements above $50,000. March 3, 2020 - Page 17 of 359 Town Co uncil M eeting Minutes of February 18, 2020 Page 3 Staff Recommendation: Authorize the Town Manager to enter into a funding agreement in a form approved by the Town Attorney, with event pr oducer Powabunga in an amount not to exceed $79,790. Mason made a motion to authorize the Town Manager to enter into a funding agreement in a form approved by the Town Attorney, with event pr oducer Powabunga in an amount not to exceed $79,790; Coggin seconded the motion passed (6-0). 3.6. Burton US Open Funding Agreement Award Background: The Town Council granted funding in 2020 to Burton in the amount of $490,000 for the Burton US Open Event in February. It is Vail Town policy that the Town Council has to authorize the Town Manger to enter into agreements above $50,000 Staff Recommendation: Authorize the Town Manager to enter into a funding agreement in a form approved by the Town Attorney, with event producer Burton in an amount not to exceed $490,000. Langmaid made a motion to authorize the Town Manager to enter into a funding agreement in a form approved by the Town Attorney, with event producer Burton in an amou nt not to exceed $490,000; Coggin seconded the motion passed (6-0). 3.7. Taste of Vail Funding Agreement Award Background: The Commission on Special Events granted funding in 2020 to Taste of Vail in the amount of $55,000 for the Taste of Vail Event in April. It is Vail Town policy t hat the Town Council has to authorize the Town Manger to enter into agreements above $50,000 Staff Recommendation: Authorize the Town Manager to enter into a funding agreement on a form approved by the Town Attorney, with event producer Taste of Vail in a n amount not to exceed $55,000. Langmaid made a m otion to authorize the Town Manager to enter into a funding agreement on a form approved by the Town Attorney, with event producer Taste of Vail in an amount not to exceed $55,000; Coggin seconded the motion passed (6-0). 4.Town Manager Report (10 min.) Robson provided an update on his tour of Vail Health and suggested a similar tour be scheduled for Town Council members. He also met wit h the director of the Betty Ford Alpine Gardens. 4.1. Spring Back to Vail Update Robson noted a contract would be signed with Highline Productions for Spring Back to Vail concerts on April 10-11. The concerts would feature great bands and would be free. 5. Presentations / Discussion 5.1. 2019 Deed-Restricted Employee Housing Compliance Status Report Presenter(s): George Ruther, Housing Director and Lynne Campbell, Housing Coordinator March 3, 2020 - Page 18 of 359 Town Co uncil M eeting Minutes of February 18, 2020 Page 4 Background: Annually , the Town of Vail Housing Department is charged with verifying compliance of deed-restricted properties in the Town of Vail. There are 888 deed-restricted properties requiring verification. As a courtesy, Housing staff sent affidavit forms to deed - restric ted property owners on December 13, 2019 reminding each of their February 1 obligation to provide documentation demonstrating compliance. As of the February 1 deadline 57%, or 501 deed-restricted units have complied. Lynne Campbell, Housing Coordinator, provided council a 2019 Deed-Restricted Employee Housing Compliance Status Report. Courtesy letters were sent to 888 deed-restricted properties reminding them of their Feb. 1 obligation to provide documentation demonstrating compliance. Only 501 deed-restricted units have complied as of the deadline. Councilmembers expressed disappointment and inquired about penalties. Matt Mire, Town Attorney, explained penalties were up to the court’s discretion. George Ruther, Housing Director, explained they were working with the attorney ’s office and would report back with recommendations and solutions. There being no further business to come before the counc il, Foley moved to adjourn the meeting; Stockmar seconded the motion which passed (6-0) and the meeting adjourned at 6:23 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk March 3, 2020 - Page 19 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Resolution No. 6, S eries of 2020, Resolution approving an Intergovernmental Agreement between the Town of Vail and the Eagle River Fire Protection District AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove on consent, Resolution No. 6, S eries of 2020, Mutual/A utomatic A id I nter-Governmental Agreement between the Town of Vail and Eagle River Fire P rotection District. S TAF F RE C O M M E ND AT I O N: Approve on consent, R esolution No. 6, S eries of 2020, Mutual/A utomatic A id I nter-Governmental A greement between the Town of Vail and Eagle River F ire Protection District. AT TAC H ME N TS : Description Staff Memo Resolution No 6 Series of 2020 _TO V_E R F P D _IG A Resolution No 6 S eries of 2020_TO V_E R FP D auto aid_3_3_2020 Exhibit A TO V Fir e Eagle R iver Fire AutoMutual Aid IG A March 3, 2020 - Page 20 of 359 To: Town Council From: Mark Novak, Fire Chief Date: March 3, 2020 Subject: Resolution No. 6, Series of 2020: Town of Vail-Eagle River Fire Protection District Auto/Mutual Aid IGA I. Purpose: The purpose of this memo is to provide Town Council with explanatory information regarding Resolution No. 6, Series of 2020: Town of Vail-Eagle River Fire Protection District Auto/Mutual Aid IGA. II. Background: Mutual aid is an important tool that is used throughout the fire service. Mutual aid allows for one agency to request the assistance of another agency. Typically, the need for mutual aid arises when the requesting agency requires additional resources to mitigate an incident or there are more concurrent incidents than the requesting agency has resources to handle. Automatic aid allows the dispatch center to automatically dispatch an outside agency’s resources. The advantage of automatic aid is that it eliminates the need for a member of the requesting agency to make a formal request for aid. The net effect of this is a reduction in total response time. The existing IGA between the Town of Vail and Eagle River FPD did not have a formal provision for automatic aid and did not reflect the use of automatic aid. Since the time that this agreement was executed, the deployment model for both organizations has changed significantly and both organizations have increased collaborative efforts with the goal of improving service to the citizens within both jurisdictions. These collaborative efforts have included the use of automatic aid and most recently the use of geolocation technology to implement a “closest unit- regardless of jurisdiction” model. An important component of this model is a drawdown plan, which ensures that minimum coverage levels are maintained during large incidents. The net result is the provision of a higher level of service to the citizens of the Vail and the Eagle River Fire Protection District. The updated Town of Vail-Eagle Rive Fire Protection District Mutual/Automatic Aid IGA will formalize current practice. As is standard in most mutual/automatic aid agreements, both parties retain the ability to decline a mutual aid request or an automatic aid dispatch. March 3, 2020 - Page 21 of 359 Town of Vail Page 2 III. Staff Recommendation Approve Resolution No.6, Series of 2020, authorizing the Town Manager to enter into the IGA between the Town of Vail and Eagle River Fire Protection District for the provision of mutual and automatic aid. March 3, 2020 - Page 22 of 359 RESOLUTION NO. 6 Series of 2020 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER FIRE PROTECTION DISTRICT WHEREAS, the Eagle River Fire Protection District is an organized and operated pursuant to the provisions of Article 1, Title 32, C.R.S., to provide fire protection services within the jurisdictional boundaries of the Districts, which boundaries are located within Eagle County, Colorado; WHEREAS, the Town of Vail is a home rule municipality and political subdivision of the State of Colorado operating pursuant to Article XX of the Colorado Constitution and providing fire protection services within the jurisdictional boundaries of the Town within Eagle County, Colorado; WHEREAS, the Town and the Districts see a present opportunity to create a collaborative, integrated system of fire protection that is dedicated to reducing community risk through dynamic community risk mitigation and the consistent delivery of an effective response force, built upon the efficient use of public resources; WHEREAS, pursuant to part 2 of article 1 of title 29, C.R.S., the Town and the District desire to establish an agreement (the "IGA") to provide for a collaborative, integrated system of fire protection within the Eagle Valley; and WHEREA S, the Town Council's approval of this Resolution is required to enter into the IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 . The Town Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA 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 3 rd day of March 2020. _________________________ Dave Chapin, Town Mayor March 3, 2020 - Page 23 of 359 ATTEST: ___________________________ Tammy Nagel, Town Clerk March 3, 2020 - Page 24 of 359 Page 1 of 5 EXHIBIT A AN INTERGOVERNMENTAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AUTOMATIC OR MUTUAL AID BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER FIRE PROTECTION DISTRICT THIS AGREEMENT is made and entered into this ___day of _______________, 2020 by and between the Town of Vail, a Colorado home rule municipality ("TOV”) and the Eagle Fire Protection District, a quasi-municipal corporation and political subdivision of the State of Colorado ("Eagle River"). RECITALS WHEREAS, the TOV and Eagle River are neighboring jurisdictions that currently maintain and operate fire departments providing comprehensive fire suppression, fire prevention and emergency medical services to people and properties within their jurisdictions; and WHEREAS, emergencies may arise in one or the other of the jurisdictions resulting in greater demands or intensity than the manpower or equipment of either party can separately handle; and WHEREAS, it is the desire of both parties that they enter into agreements to ensure that each can provide adequate response to any emergency situation within their jurisdiction; and WHEREAS, intergovernmental agreements to provide the sharing of functions and services are specifically authorized by C.R.S. Section 29-1-203, WHEREAS, the TOV and Eagle River have determined that it is in their best interests to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants contained herein, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the responsibilities of the TOV and Eagle River as regards to each party's provision of fire and emergency medical automatic aid services. 2. Provision of Automatic Aid and Response Area. Automatic Aid shall apply to all incidents requiring the need of a fire department, including, but not limited to, structure fires in residential, commercial, industrial and recreational properties, reported hazardous materials incidents and smoke or odor investigations in a structure, motor vehicle fires and crashes (with or without injuries) and emergency medical services.. The Automatic Aid applies to all emergency calls received by the Eagle County Dispatch Center for incidents occurring within the jurisdiction of March 3, 2020 - Page 25 of 359 Page 2 of 5 the TOV or within the jurisdiction of Eagle River. Eagle River and the TOV agree to operate under a closest forces, regardless of jurisdiction, concept. By mutual agreement, specific response zones, apparatus, or call types may be exempted from the closest forces concept. Either party shall be excused from providing such assistance if at the time of the request such party, in its sole discretion, determines that, because of an existing emergency or other unavailability of equipment, supplies, or personnel, it is unable to provide the requested assistance. 3. Provision of Mutual Aid and Response Area. Mutual Aid shall apply to all incidents requiring the need of a fire department, including, but not limited to, structure fires in residential, commercial, industrial and recreational properties, reported hazardous materials incidents and smoke or odor investigations in a structure, motor vehicle fires and crashes (with or without injuries) and emergency medical services where the first responder requests Automatic Aid from the other party. The Mutual Aid applies to all emergency calls received by the Eagle County Dispatch Center for incidents occurring within the jurisdiction of the TOV. Where assistance is requested by either jurisdiction. Either party shall be excused from providing such assistance if at the time of the request such party, in its sole discretion, determines because of an existing emergency or other unavailability of equipment, supplies or personnel it is unable to provide the requested assistance. 4. Personnel and Equipment. The TOV Fire Chief and the Eagle River Fire Chief shall establish a response plan regarding the deployment of personnel and equipment to emergency incidents under this Agreement. 5. Incident Command. The first arriving unit in response to any emergency will establish an incident command structure, including designation of an Incident Commander that is consistent with Standard Operating Procedures of a nationally accepted Incident Management System. All responding personnel will operate under the command structure and perform all required duties in assigned groups and/or divisions. If it becomes necessary to transfer incident command during an incident, command shall be transferred to the senior officer of the department having jurisdiction within the response area. Each agency shall be responsible for completion of the reporting process in accordance with their department's policies. 6. Radio Communications. The TOV Fire Department and Eagle River Fire Protection District operate on an 800 MHz radio system with compatible radio channels. The-radio channel for any emergency response will be based upon the location of the incident The channel assigned by the dispatch center will be utilized unless the Incident Commander selects to utilize another tactical channel. Both departments will follow established radio protocols. 7. Interdepartmental Training – Cooperation. The parties, through their respective fire chiefs, agree to create a schedule for joint training exercises between the stations most likely to provide services. The parties, through their respective fire chiefs, agree to periodically meet to review procedures, equipment and operations. At a minimum, joint training shall be completed on a March 3, 2020 - Page 26 of 359 Page 3 of 5 biannual basis. The TOV Fire and Eagle River Fire agree to cooperate in an annual evaluation of this Agreement in order to ensure that terms of the Agreement are providing an efficient enhancement of both parties' ability to protect lives and property. The parties agree to work diligently and cooperatively to correct any deficiencies noted in these meetings to deliver the best service to each agency within the means of each party. 8. Liability. Each party to this Agreement shall be an independent contractor. Neither party, nor such party's agents, officers, officials, or employees, shall be deemed to be an agent of the other party. Each party, to the extent permitted by law, waives all claims and causes of action against the other party for compensation, damages, personal injury or death that may result or occur as a consequence, direct or indirect, of the performance of this Agreement. The TOV and Eagle River are each responsible for their own negligence and that of their agents, officers, officials and employees to the extent provided in the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et seq., ("CGIA"), as amended from time to time. Nothing in this Agreement shall be construed as a waiver of immunity or other liability limitations or protections provided by the CGIA or otherwise available at law, or as an assumption of any duty for the benefit of any third party. 9. Appropriations. Notwithstanding any provision of this Agreement to the contrary, the obligations of the parties under this Agreement shall extend only to the extent that monies are annually appropriated by each party's legislative body for the purposes of this Agreement. Neither the TOV nor Eagle River intends by this Agreement to irrevocably pledge present reserves for payment or services in future fiscal years, and this Agreement is not intended to create multiple fiscal year direct or indirect debt or financial obligation of either the TOV or Eagle River. 10. Term and Termination. Either party may terminate its participation in this Agreement with or without cause by providing the other party sixty (60) days prior written notice. 11. Notices. Any notice, demand, or request pursuant to this Agreement shall be mailed or personally served to the parties at the following addresses: Town of Vail Vail Fire Department Fire Chief, 75 S. Frontage Road Vail, CO 81657 Eagle River Fire Protection District Fire Chief, Karl Bauer 1050 Edwards Village Blvd. Edwards, CO 81632 12. Costs. Each party shall, at all times, be responsible for its own costs incurred in the performance of this Agreement, and shall not receive any reimbursement from any other party, except for third party reimbursement under the following paragraph herein below, from time to time, and as otherwise available at law. March 3, 2020 - Page 27 of 359 Page 4 of 5 Each party agrees that, for each call occurring within its jurisdiction for which it has requested or received Automatic Aid, it will reasonably pursue any and all legal reimbursement possible, pursuant to state or federal laws, including, but not limited to, reimbursement for hazardous materials incidents occurring within its jurisdiction on behalf of all parties responding, and upon receipt of full or partial payment by the responsible entity, will distribute the reimbursement received in a fair and equitable manner to assisting parties based on their relative documented expenses for the involved accident. 13. General Conditions. a. Nothing contained in this Agreement, and no performance under this Agreement by personnel of the parties hereto, shall in any respect alter or modify the status of officers, agents, or employees of the respective parties for purposes of workers' compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods or categories, or for any purpose, or condition, or requirement of employment. b. It is understood and agreed by the parties hereto that, if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. c. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the named parties hereto, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person or entity on such agreement. It is the express intention of the named parties that any person or entity other than the named parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. d. The parties are not obligated or liable under this Agreement to any party other than the signatories hereto. Each party understands and agrees that it shall not assign or subcontract with respect to any of its rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party, which consent or approval may be withheld in the absolute discretion of such other party; and, in the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between any party and such assignee or subcontractor, and the assigning or subcontracting party shall remain fully responsible to the other party according to the terms of this Agreement. e. This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the parties. No representations or warranties whatever are made by March 3, 2020 - Page 28 of 359 Page 5 of 5 any party except as specifically set forth in this Agreement or any instrument delivered pursuant to this Agreement. f. This Agreement may be executed in counterparts, each of which shall be deemed an original of this Agreement. WHEREFORE, the parties hereto have entered into this Agreement as of the date, month and year set forth hereinabove. THE TOWN OF VAIL By: _________________________________ _____________________, ATTEST: ________________________________ Town Clerk EAGLE RIVER FIRE PROTECTION DISTRICT By: ___________________________________ ____________________, ATTEST: ________________________________ _________________________, Secretary APPROVED AS TO FORM: __________________________________ Matt Mire, Town Attorney March 3, 2020 - Page 29 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Resolution No. 8, S eries of 2020 a Resolution approving an agreement between the Town of Vail and the S tate of Colorado D epartment of Human S ervices f or co-responder mental health services. B AC K G RO UND: T he I ntergovernmental A greement with the S tate of C olorado D epartment of Human Services f or mental health service is necessary and will promote the health, saf ety, morals, and general welfare of the Town. S TAF F RE C O M M E ND AT I O N: Approve on consent, R esolution No. 8, S eries of 2020 a Resolution approving an agreement between the Town of Vail and the S tate of Colorado Department of Human Services for co-responder mental health services. AT TAC H ME N TS : Description Resolution No. 8, S eries 2020 March 3, 2020 - Page 30 of 359 RESOLUTION NO. 8 Series of 2020 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF VAIL AND THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES FOR CO- RESPONDER MENTAL HEALTH SERVICES WHEREAS, The Co -Responder model was developed to link people with mental illnesses to appropriate services or to provide other effective responses by partnering specifically trained officers with mental health professionals to provide a joint , secondary response to a necessary situation; and WHEREAS, The Town wishes to enter into an agreement with the State of Colorado Department of Human Services for the provision of Co-Responder services pursuant to the terms of the Department of Human Services Contract (the “Contract”) attached hereto as Exhibit A, NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Contract and authorizes the Town Manager to enter into the Contract on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of March 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk March 3, 2020 - Page 31 of 359 I COLORADO ~ ~ Department of Human Services 20 IHJA 148975 eClearance: 1917300 STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES CONTRACT SIGNATURE AND COVER PAGES State Agency Contractor Colorado Department of Human Services Town of Vail , for the use and benefit of Vail Police Office of Behavioral Health Department Community Behavioral Health Contractor's State of Incorporation: CO Contract Maxi mum Amount Contract Performance Beginning Date Initial Term The later of the Effective Date or January 1, 2020 State Fiscal Year 2020 $213 ,200 .00 State Fiscal Year 2021 $280,000.00 Initial Contract Expiration Date June 30 , 2021 Extension Terms Except as stated in §2.D , the total duration of this Contract , including the exercise of any options to extend , shall not exceed 5 Years from its Performance Beginning Date. Maximum Amount for All Fiscal Years $493 ,200 .00 Pricing/Funding Options Price Structure: Cost Reimbursement The State shall have the following options if indicated with Contractor shall invoice: Monthly "Yes ," as further described in §2 .C and §5 .B.v: Fund Source: 100% State Funded Option to Extend Term per §2 .C: Yes Option to Increase or Decrease Maximum Amount per §5.B .v: Yes Insurance Miscellaneous Contractor shall maintain the following insurance if indicated Authority to enter into this Contract exists in : CRS 27-60- with "Yes," as further described in §10 : 104. Law-Specified Vendor Statute (if any): NA Worker 's Compensation: Yes Procurement Method : Request for Proposals (RFP) General Liability : Yes Solicitation Number (if any): 2020000049 Automobile Liability: Yes Protected Information : Yes Professional Liability Insurance : No Crime Insurance : No State Representative Contractor Representative Emily Richardson, MSW, LCSW Ryan Kenney, Police Commander Manager -Co-Responder Services Vail Police Department Office of Behavioral Health 75 South Frontage Road 3824 West Princeton Circle Vail , CO 81657 Denver, CO 80236 970-477-3433 I rkenney@vailgov .com 303-866-7709 I emily.richardson@ state .co .us Contra ct Wi za rd Version 4 .05 Page I of28 Rev ised October 201 9 March 3, 2020 - Page 32 of 359 Exhibits The following Exh ibits are attached and incorporated into this Contract: Exhi bit A -Statement of Work Exhibit B -Budget Exhibit C -Miscellaneous Provisions Exhibit D -HIPAA BAA/QSOA Contrac t Purpose CMS : 148975 In accordance with the provisions of this Contract and it s exhibits and attachments , the Contractor shall implement a Co- Responder Services Program for its community by partnering with key stakeholder partners. Signature Page begins on ne xt page ? Co ntra ct Wi za rd Vers ion 4 .05 Page 2 of28 Revi sed October 20 19 March 3, 2020 - Page 33 of 359 CMS: 148975 THE PARTIES HERETO HA VE EXECUTED THIS CONTRACT Each p erso n s ignin g thi s Cont rac t re prese nt s a nd warra nt s th at he or s he is dul y a uth o ri ze d to execute thi s Co nt ract a nd to bind th e P a rty auth o ri z in g hi s or he r s ignature . CONTRACTOR STATE OF COLORADO T own o f V a il , fo r th e u se a nd b ene fit of Va il Po li ce Ja re d S. P o li s, Gove rn or D e p a rtme nt D e p artm e nt o f Huma n Serv ices M ic he ll e B a rn es, Executive Direc to r B y : Scott R obson, T own Ma nage r, T own of Vai l B y: Ca ri e Gaytan, Directo r of F in a nce, Offi ce of B e hav iora l H ea lth D ate : D a te : 2 nd Sta te o r Cont rac to r Si gna ture if N eede d LEGAL REVIEW Philip J . W e ise r, Att o rn ey Ge neral By: By : N a me & T itl e of Perso n S ig ning fo r S ig natory Ass ista nt Att o rn ey General D ate : D ate: In acco rd a nce with §2 4 -3 0-2 02 C.R.S ., th is Contrac t is not va lid until signed a nd da te d be low by th e S ta te Co ntroll e r o r a n a uth or ize d d e legate . ST A TE CONTROLLER Robert Jaros, CPA, MBA, JD B y : A ndrea Euri c h I Janet Miks Effec ti ve D a te : --Signature and Cover Pages End -- Co ntract W izard Vers ion 4 .05 P age 3 of28 Rev ised October 20 19 March 3, 2020 - Page 34 of 359 CMS: 14 8975 TABLE OF CONTENTS SIGNATURE AND COVER PAGES ....................................................................................... 1 1. PARTIES ................................................................................................................................... 4 2. TERM AND EFFECTIVE DATE ............................................................................................. 4 3. DEFINITIONS .......................................................................................................................... 6 4. STATEMENT OF WORK ........................................................................................................ 8 5. PAYMENTS TO CONTRACTOR ........................................................................................... 8 6 . REPORTING -NOTIFICATION ........................................................................................... 10 7. CONTRACTOR RECORDS ................................................................................................... 10 8. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................... 11 9. CONFLICTS OF INTEREST .................................................................................................. 13 10 . INSURANCE .......................................................................................................................... 13 11. BREACH OF CONTRACT .................................................................................................... 15 12. REMEDIES ............................................................................................................................. 15 13 . STATE'SRIGHTOFREMOVAL ......................................................................................... 17 14. DISPUTE RESOLUTION ....................................................................................................... 17 15 . NOTICES AND REPRESENTATIVES ................................................................................. 18 16 . RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 18 17. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................... 19 18. GENERAL PROVISIONS ...................................................................................................... 19 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................... 23 20. DEPARTMENT OF HUMAN SERVICES PROVISIONS .................................................... 25 21. SAMPLE OPTION LETTER (IF APPLICABLE) .................................................................. 28 1. PARTIES This Contract is entered into by and between Contractor named on the Signature and Cover Pages for this Contract (the "Contractor"), and the ST ATE OF COLORADO acting by and through the Department of Human Services (the "State" or "CDHS"). Contractor and the State agree to the terms and conditions in this Contract. 2. TERM AND EFFECTIVE DATE A. Effective Date This Contract shall not be valid or enforceable until the Effective Date. The State shall not be bound by any provision of this Contract before the Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred before the Effective Date or after the expiration or sooner termination of this Contract. B. Initial Tenn The Parties ' respective performances under this Contract shall commence on the Contract Performance Beginning Date shown on the Signature and Cover Pages for this Contract and shall terminate on the Initial Contract Expiration Date shown on the Signature and Cover Pages for this Contract (the "Initial Term") unless sooner terminated or further extended in accordance with the terms of this Contract. C. Extension Terms -State 's Option If the Signature and Cover Pages for this Contract shows that the State has the Option to Extend Term, then the State , at its discretion , shall have the option to extend the Cont ract Wizard Version 4 .05 Page 4 of28 Revised October 20 19 March 3, 2020 - Page 35 of 359 CMS : 148975 performance under this Contract beyond the Initial Term for a period, or for successive periods, at the same rates and under the same terms specified in the Contract (each such period an "Extension Term"). In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §21 "Sample Option Letter." The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. Except as stated in §2.D , the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date, or the number of years specified on the Signature and Cover Pages if such number is less than 5 years , absent prior approval from the Chief Procurement Officer in accordance with the Colorado Procurement Code . D. End of Term Extension If this Contract approaches the end of its Initial Tenn, or any Extension Term then in place , the State , at its discretion , upon written notice to Contractor as provided in §15, may unilaterally extend such Initial Term or Extension Tenn for a period not to exceed 2 months (an "End of Term Extension"), regardless of whether additional Extension Terms are available or not. The provisions of this Contract in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically tenninate upon execution of a replacement contract or modification extending the total term of the Contract. E. Early Termination in the Public Interest The State is entering into this Contract to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts . If this Contract ceases to further the public interest of the State, the State, in its discretion, may terminate this Contract in whole or in part. A determination that this Contract should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience . This subsection shall not apply to a tennination of this Contract by the State for breach by Contractor, which shall be governed by §12.A.i. i. Method and Content The State shall notify Contractor of such termination in accordance with §15. The notice shall specify the effective date of the tennination and whether it affects all or a portion of this Contract, and shall include , to the extent practicable, the public interest justification for the termination. 11. Obligations and Rights Upon receipt of a termination notice for tennination in the public interest , Contractor shall be subject to the rights and obligations set forth in §12.A.i.a. ui. Payments If the State terminates this Contract in the public interest , the State shall pay Contractor an amount equal to the percentage of the total reimbursement payable under this Contract that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State , less payments previously made . Additionally, if this Contract is less than 60% completed , as determined by the State, the State may reimburse Contractor for a portion of actual out-of-pocket expenses , not otherwise reimbursed under this Contract, incurred by Contractor which are directly Co nt rac t Wi zard Vers ion 4.05 Page 5 of2 8 Rev ised October 20 19 March 3, 2020 - Page 36 of 359 CMS : 148975 attributable to the uncompleted portion of Contractor's obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Contractor hereunder. 3. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Breach of Contract" means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debannent or suspension shall constitute a breach. B. "Business Day" means any day other than Saturday, Sunday, or a Legal Holiday as listed in §24-11-101(1) C.R.S. C. "Chief Procurement Officer" means the individual to whom the Executive Director has delegated his or her authority pursuant to §24-102-202(6), C .R.S. to procure or supervise the procurement of all supplies and services needed by the state. D. "CJI" means criminal justice infonnation collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, all infonnation defined as criminal justice infonnation by the U.S . Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Security Policy, as amended and all Criminal Justice Records as defined under 24-72-302 C .R .S. E. "Contract" means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. For purposes of clarification and the removal of any doubt, subject to any future modifications thereto , the Signature and Cover Pages and Sections 1 through 21, as identified in the Table of Contents herein above , shall constitute the "main body" of this Contract exclusively. F. "Contract Funds" means the funds that have been appropriated, designated , encumbered, or otherwise made available for payment by the State under this Contract. G. "CORA" means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. H. "End of Term Extension" means the time period defined in §2.D. I. "Effective Date" means the date on which this Contract is approved and signed by the Colorado State Controller or designee, as shown on the Signature Page for this Contract. If this Contract is for a Major lnfonnation Technology Project, as defined in §24-37 .5- 102(2.6), then Effective Date of this Contract shall be the later of the date on which this Contract is approved and signed by the State's Chief Information Officer or authorized delegate or the date on which this Contract is approved and signed by the State Controller or authorized delegate , as shown on the Signature and Cover Page for this Contract. J. "Exhibits " means the exhibits and attachments included with this Contract as shown on the Signature and Cover Pages for this Contract.. K. "Extension Term" means the time period defined in §2.C. Contract Wizard Version 4.05 Page 6 of28 Revised October 20 19 March 3, 2020 - Page 37 of 359 CMS : 148975 L. "Goods" means any movable material acquired, produced , or delivered by Contractor as set forth in this Contract and shall include any movable material acquired , produced, or delivered by Contractor in connection with the Services. M. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss , disclosure , modification, disruption, or destruction of any communications or information resources of the State , which are included as part of the Work, as described in §§24-37 .5-401 , et. se q., C.R.S . Incidents include , without limitation, (i) successful attempts to gain unauthorized access to a State system or State Information regardless of where such information is located; (ii) unwanted disruption or denial of service ; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes to State system hardware, firmware , or software characteristics without the State 's knowledge , instruction, or consent. N. "Initial Term" means the time period defined in §2.B. 0. "Party" means the State or Contractor, and "Parties" means both the State and Contractor. P. "PCI" means payment card infonnation including any data related to credit card holders ' names , credit card numbers , or the other credit card information as may be protected by state or federal law . Q. "PII " means personally identifiable infonnation including, without limitation , any infonnation maintained by the State about an individual that can be used to distinguish or trace an individual's identity, such as name , social security number, date and place of birth , mother's maiden name , or biometric records ; and any other information that is linked or linkable to an individual , such as medical , educational, financial , and employment information . PII includes , but is not limited to , all information defined as personally identifiable information in §24-72-501 C.R.S . R. "PHI" means any protected health infonnation, including, without limitation any information whether oral or recorded in any fonn or medium: (i) that relates to the past , present or future physical or mental condition of an individual; the provision of health care to an individual ; or the past, present or future payment for the provision of health care to an individual; and (ii) that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. PHI includes , but is not limited to , any information defined as Individually Identifiable Health Infonnation by the federal Health Insurance Portability and Accountability Act. S. "Services" means the services to be performed by Contractor as set forth in this Contract , and shall include any services to be rendered by Contractor in connection with the Goods . T. "State Confidential Information" means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include , but is not limited to, PII, PHI, PCI, Tax Information, CJI, and State personnel records not subject to disclo sure under CORA. State Confidential Information shall not include information or data concerning individual s that is not deemed confidential but nevertheless belongs to the State , which has been communicated , furnished , or di sclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA ; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State ; (iv) is disclosed to Contractor, without confidentiality obligations , by a third party who has the Contract Wi za rd Version 4.05 Page 7 of28 Revised October 20 19 March 3, 2020 - Page 38 of 359 CMS : 148975 right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. U. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S . V. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term , then it means the State Fiscal Year ending in that calendar year. W. "State Records" means any and all State data, information, and records , regardless of physical fonn , including, but not limited to , infonnation subject to disclosure under CORA. X. "Subcontractor" means third-parties , if any, engaged by Contractor to aid in performance of the Work. Y. "Tax Information" means federal and State of Colorado tax information including, without limitation, federal and State tax returns , return information, and such other tax- related information as may be protected by federal and State law and regulation. Tax Information includes , but is not limited to all information defined as federal tax information in Internal Revenue Service Publication 1075. Z. "Work" means the Goods delivered and Services performed pursuant to this Contract. AA. "Work Product" means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes , but is not limited to, documents, text , software (including source code), research, reports , proposals , specifications, plans, notes , studies, data , images, photographs, negatives, pictures , drawings , designs, models , surveys , maps , materials , ideas , concepts , know-how , and any other results of the Work. "Work Product" does not include any material that was developed prior to the Effective Date that is used, without modification , in the performance of the Work. Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4. STATEMENT OF WORK Contractor shall complete the Work as described in this Contract and in accordance with the provisions of the Exhibits. The State shall have no liability to compensate Contractor for the delivery of any goods or the performance of any services that are not specifically set forth in this Contract. 5. PAYMENTS TO CONTRACTOR A. Maximum Amount Payments to Contractor are limited to the unpaid , obligated balance of the Contract Funds . The State shall not pay Contractor any amount under this Contract that exceeds the Contract Maximum for that term shown on the Signature and Cover Pages for this Contract. B. Payment Procedures i. Invoices and Payment a. The State shall pay Contractor m the amounts and m accordance with the Exhibits. Contract Wi zard Version 4 .05 Page 8 of28 Re vi sed October 20 19 March 3, 2020 - Page 39 of 359 CMS: 148975 b. Contractor shall initiate payment requests by invoice to the State, in a form and manner approved by the State . c. The State shall pay each invoice within 45 days following the State's receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Contractor and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Contractor shall make all changes necessary to correct that mvo1ce . d. The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under the Contract. 11. Interest Amounts not paid by the State within 45 days of the State 's acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1 % per month, as required by §24-30-202(24)(a), C.R.S ., until paid in full; provided , however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Contractor shall invoice the State separately for accrued interest on delinquent amounts , and the invoice shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. 11i. Payment Disputes If Contractor disputes any calculation, determination or amount of any payment, Contractor shall notify the State in writing of its dispute within 30 days following the earlier to occur of Contractor's receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Contractor and may make changes to its determination based on this review. The calculation , determination or payment amount that results from the State 's review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review , and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv. Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Contract Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Contract Funds the State's obligation to pay Contractor shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Contract shall be made only from Contract Funds , and the State 's liability for such payments shall be limited to the amount remaining of such Contract Funds . If State , federal or other funds are not appropriated, or otherwise become unavailable to fund this Contract, the State may, upon written notice , terminate this Contract, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Contract were terminated in the public interest as described in §2.E. Cont rac t Wizard Vers ion 4.05 Page 9 of28 Revised October 20 19 March 3, 2020 - Page 40 of 359 CMS: 148975 v. Option to Increase Maximum Amount If the Signature and Cover Pages for this Contract show that the State has the Option to Increase or Decrease Maximum Amount, then the State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods and Services based upon the rates established in this Contract, and increase the maximum amount payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in a form substantially equivalent to §2 1 "Sample Option Letter." De livery of Goods and perfonnance of Services shall continue at the same rates and terrps as described in this Contract. The State may include and incorporate a revised budget with the option letter, as long as the revised budget does not unilaterally change rates or terms specified in the Contract. 6. RE PORTING -N OTIFICATIO N A . Quarterly Reports. In addition to any reports required pursuant to §17 or pursuant to any other Exhibit , for any contract having a tenn longer than 3 months , Contractor shall submit, on a quarterly basis , a written report specifying progress made for each specified performance measure and standard in this Contract. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State at the time or times specified by the State in this Contract , or, if no time is specified in this Contract, not later than 5 Business Days following the end of each calendar quarter. B. Litigation Reporting If Contractor is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Contract or may affect Contractor's ability to perfonn its obligations under this Contract, Contractor shall, within 5 days after being served , notify the State of such action and deliver copies of such pleading or document to the State 's principal representative identified on the Signature and Cover Pages as provided in §15. C. Performance Outside the State of Colorado or the United States , §24-102-206 C .R.S . To the extent not previously disclosed in accordance with §24-102-206, C .R.S ., Contractor shall provide written notice to the State, in accordance with §15 and in a form designated by the State, within 20 days following the earlier to occur of Contractor's decision to perform Services outside of the State of Colorado or the United States , or its execution of an agreement with a Subcontractor to perform , Services outside the State of Colorado or the United States . Such notice shall specify the type of Services to be perfonned outside the State of Colorado or the United States and the reason why it is necessary or advantageous to perform such Services at such location or locations, and such notice shall be a public record . Knowing failure by Contractor to provide notice to the State under this section shall constitute a breach of this Contract. This section shall not apply if the Contract Funds include any federal funds . 7. C ONTRACT OR REC ORD S A . Maintenance Contractor shall maintain a file of all documents, records , communications , notes and other materials relating to the Work (the "Contractor Records"). Contractor Records shall include all documents , records , communications , notes and other materials maintained by Contract Wi zard Vers ion 4 .05 Page 10 of28 Revi sed October 20 19 March 3, 2020 - Page 41 of 359 CMS : 148975 Contractor that relate to any Work performed by Subcontractors, and Contractor shall maintain all records related to the Work performed by Subcontractors required to ensure proper performance of that Work. Contractor shall maintain Contractor Records until the last to occur of: (i) the date 3 years after the date this Contract expires or is terminated, (ii) final payment under this Contract is made , (iii) the resolution of any pending Contract matters , or (iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit is completed and its findings have been resolved (the "Record Retention Period"). B. Inspection Contractor shall pennit the State to audit , inspect, examine, excerpt, copy and transcribe Contractor Records during the Record Retention Period. Contractor shall make Contractor Records available during normal business hours at Contractor's office or place of business , or at other mutually agreed upon times or locations , upon no fewer than 2 Business Days ' notice from the State , unless the State determines that a shorter period of notice , or no notice , is necessary to protect the interests of the State. C. Monitoring The State, in its discretion, may monitor Contractor's performance of its obligations under this Contract using procedures as detennined by the State. The State shall monitor Contractor's performance in a manner that does not unduly interfere with Contractor 's performance of the Work. D. Final Audit Report Contractor shall promptly submit to the State a copy of any final audit report of an audit perfonned on Contractor's records that relates to or affect s this Contract or the Work , whether the audit is conducted by Contractor or a third party. 8. CONFIDENTIAL INFORMATION-STA TE RECORDS A. Confidentiality Contractor shall keep confidential , and cause all Subcontractors to keep confidential , all State Records , unless those State Records are publicly available. Contractor shall not , without prior written approval of the State , use , publish, copy, disclose to any third party, or permit the use by any third party of any State Records , except as otherwise stated in this Contract, permitted by law , or approved in writing by the State. Contractor shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of lnfom1ation Security and all applicable laws , rules , policies, publications , and guidelines . If Contractor or any of its Subcontractors will or may receive the following types of data, Contractor or its Subcontractors shall provide for the security of such data according to the following : (i) the most recently promulgated IRS Publication 1075 for all Tax Information and in accordance with the Safeguarding Requirements for Federal Tax lnfonnation attached to this Contract as an Exhibit, if applicable , (ii) the most recently updated PCI Data Security Standard from the PCI Security Standards Council for all PCI, (iii) the most recently issued version of the U.S. Department of Justice , Federal Bureau of Investigation, Criminal Justice Information Services Security Policy for all CJI, and (iv) the federal Health Insurance Portability and Accountability Act for all PHI and the HIP AA Business Associate Agreement attached to this Contract, if applicable. Contractor shall immediately forward any request or demand for State Records to the State 's principal representative . Contrac t Wizard Version 4.05 Page 11 of28 Revised October 20 19 March 3, 2020 - Page 42 of 359 CMS : 148975 B. Other Entity Access and Nondisclosure Agreements Contractor may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Contract. Contractor shall ensure all such agents , employees , assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Contract, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Contractor shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C. Use, Security, and Retention Contractor shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States , and shall maintain a secure enviromnent that ensures confidentiality of all State Confidential Information wherever located. Contractor shall provide the State with access, subject to Contractor's reasonable security requirements , for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Contract, Contractor shall return State Records provided to Contractor or destroy such State Records and certify to the State that it has done so , as directed by the State . If Contractor is prevented by law or regulation from returning or destroying State Confidential Infonnation, Contractor warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Infonnation. D. Incident Notice and Remediation If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as detennined by the State. Unless Contractor can establish that none of Contractor or any of its agents , employees , assigns or Subcontractors are the cause or source of the Incident, Contractor shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State , which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State, at no additional cost to the State. The State may, in its sole discretion and at Contractor's sole expense, require Contractor to engage the services of an independent, qualified, State-approved third party to conduct a security audit. Contractor shall provide the State with the results of such audit and evidence of Contractor's planned remediation in response to any negative findings . E. Data Protection and Handling Contractor shall ensure that all State Records and Work Product in the possession of Contractor or any Subcontractors are protected and handled in accordance with the requirements of this Contract , including the requirements of any Exhibits hereto , at all times. F. Safeguarding PII If Contractor or any of its Subcontractors will or may receive PII under this Contract, Contractor shall provide for the security of such PII, in a manner and fonn acceptable to the State, including, without limitation, State non-disclosure requirements , use of appropriate Contract Wi za rd Version 4 .05 Page 12 of28 Revised October 2019 March 3, 2020 - Page 43 of 359 CMS: 148975 technology, security practices , computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Contractor shall be a "Third-Party Service Provider" as defined in §24-73-103(1 )(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9. CONFLICTS OF INTEREST A. Actual Conflicts of Interest Contractor shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full perfonnance of the obligations of Contractor under this Contract. Such a conflict of interest would arise when a Contractor or Subcontractor's employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State , or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Contract. B. Apparent Conflicts of Interest Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict of interest shall be harmful to the State's interests . Absent the State 's prior written approval, Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full perfonnance of Contractor's obligations under this Contract. C. Di sclosure to the State If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the actual or apparent conflict constitutes a breach of this Contract. D. Contractor shall maintain a written conflict of interest policy. Contractor shall provide the written conflict of interest policy to the State upon request. 10. INSURANCE Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at al 1 times during the term of this Contract to the extent that such insurance policies are required as shown on the Signature and Cover Page for this Contract. All insurance policies required by this Contract shall be issued by insurance companies as approved by the State. A. General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations , blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; 1i. $1,000,000 general aggregate; ni. $1,000,000 products and completed operations aggregate; and 1v. $50,000 any 1 fire. B. Automobile Liability Cont ract Wizard Version 4.05 Page 13 of28 Revi sed October 20 19 March 3, 2020 - Page 44 of 359 CMS: 148975 Automobile liability insurance covering any auto (including owned , hired and non-owned autos) with a minimum limit of $1,000 ,000 each accident combined single limit. C. Protected Infonnation Liability insurance covering all loss of State Confidential Information, such as PII, PHI , PCI, Tax Information , and CJI, and claims based on alleged violations of privacy rights through improper use or disclosure of protected information with minimum limits as follows: 1. $1 ,000 ,000 each occurrence ; and 11 . $2 ,000 ,000 general aggregate. 111. Notwithstanding sections D(i) and (ii) above, if Contractor has State Confidential Information for 10 or fewer individuals or revenues of $250,000 or less, Contractor shall maintain limits of not less than $50,000. 1v. Notwithstanding sections D(i) and (ii) above , if Contractor has State Confidential Infonnation for 25 or fewer individuals or revenues of $500 ,000 or less, Contractor shall maintain limits of not less than $100 ,000. D. Professional Liability Insurance Professional liability insurance covering any damages caused by an error, omission or any negligent act with minimum limits as follows: 1. $1,000 ,000 each occurrence; and 11. $1 ,000 ,000 general aggregate. E. Crime Insurance Crime insurance including employee dishonesty coverage with minimum limits as follow s : 1. $1 ,000 ,000 each occurrence ; and 11. $1 ,000 ,000 general aggregate. F. Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Contractor and Subcontractors. G. Primacy of Coverage Coverage required of Contractor and each Subcontractor shall be pnmary over any insurance or self-insurance program carried by Contractor or the State. H. Cancellation The above insurance policies shall include prov1s1ons preventing cancellation or non- renewal , except for cancellation based on non-payment of premiums , without at least 30 days prior notice to Contractor and Contractor shall forward such notice to the State in accordance with §15 within 7 days of Contractor's receipt of such notice . I. Subrogation Waiver All insurance policies secured or maintained by Contractor or its Subcontractors in relation to this Contract shall include clauses stating that each carrier shall waive all rights of Contract Wi za rd Version 4 .0 5 Page 14 of28 Rev ised October 20 19 March 3, 2020 - Page 45 of 359 CMS : 148975 recovery under subrogation or otherwise against Contractor or the State, its agencies , institutions, organizations , officers , agents , employees, and volunteers . J. Public Entities If Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101 , et seq., C.R.S . (the "GIA"), Contractor shall maintain, in lieu of the liability insurance requirements stated above , at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Contractor shall ensure that the Subcontractor maintain at all times during the terms of this Contract, in lieu of the liability insurance requirements stated above , such liability insurance , by commercial policy or self-insurance , as is necessary to meet the Subcontractor's obligations under the GIA. K. Certificates Contractor shall provide to the State certificates evidencing Contractor's insurance coverage required in this Contract within 7 Business Days following the Effective Date. Contractor shall provide to the State certificates evidencing Subcontractor insurance coverage required under this Contract within 7 Business Days following the Effective Date, except that, if Contractor 's subcontract is not in effect as of the Effective Date, Contractor shall provide to the State certificates showing Subcontractor insurance coverage required under this Contract within 7 Business Days following Contractor 's execution of the subcontract. No later than 15 days before the expiration date of Contractor's or any Subcontractor 's coverage , Contractor shall deliver to the State certificates of insurance evidencing renewals of coverage . At any other time during the term of this Contract, upon request by the State , Contractor shall , within 7 Business Days following the request by the State, supply to the State evidence sati sfactory to the State of compliance with the provisions of this section . 11 . B REACH OF C ONTRACT In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the Breach of Contract , at its sole expense , within 30 days after the delivery of written notice , the Party may exercise any of the remedies as described in §12 for that Party . Notwithstanding any provision of this Contract to the contrary, the State , in its discretion , need not provide notice or a cure period and may immediately tenninate this Contract in whole or in part or institute any other remedy in the Contract in order to protect the public interest of the State ; or if Contractor is debarred or suspended under §24-109-105 , C.R.S., the State , in its discretion , need not provide notice or cure period and may terminate this Contract in whole or in part or institute any other remedy in this Contract as of the date that the debarment or suspension takes effect. 12. RE ME DIES A. State 's Remedies If Contractor is in breach under any provision of this Contract and fails to cure such breach , the State, following the notice and cure period set forth in §11 , shall have all of the remedies listed in this section in addition to all other remedies set forth in this Contract or at law. The State may exercise any or all of the remedies available to it, in its discretion , concurrently or consecutively. Co ntrac t Wi za rd Vers ion 4.05 P ag e 15 of 2 8 Rev ised October 20 19 March 3, 2020 - Page 46 of 359 CMS : 148975 L Termination for Breach In the event of Contractor's uncured breach, the State may tenninate this entire Contract or any part of this Contract. Contractor shall continue performance of this Contract to the extent not terminated, if any . a. Obligations and Rights To the extent specified in any termination notice , Contractor shall not incur further obligations or render further performance past the effective date of such notice, and shall tenninate outstanding orders and subcontracts with third parties. However, Contractor shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Contract's terms. At the request of the State, Contractor shall assign to the State all of Contractor's rights, title , and interest in and to such terminated orders or subcontracts . Upon termination, Contractor shall take timely, reasonable and necessary action to protect and preserve property in the possession of Contractor but in which the State has an interest. At the State's request, Contractor shall return materials owned by the State in Contractor 's possession at the time of any termination. Contractor shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State's request. b. Payments Notwithstanding anything to the contrary, the State shall only pay Contractor for accepted Work received as of the date oftennination. If, after termination by the State , the State agrees that Contractor was not in breach or that Contractor's action or inaction was excusable , such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Contract had been tenninated in the public interest under §2.E. c. Damages and Withholding Notwithstanding any other remedial action by the State, Contractor shall remain liable to the State for any damages sustained by the State in connection with any breach by Contractor, and the State may withhold payment to Contractor for the purpose of mitigating the State 's damages until such time as the exact amount of damages due to the State from Contractor is determined. The State may withhold any amount that may be due Contractor as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. n. Remedies Not Involving Termination The State , in its discretion, may exercise one or more of the following additional remedies: a. Suspend Performance Co ntra ct Wi zard Vers ion 4 .05 Suspend Contractor 's performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Contractor to an adjustment in price or cost or an adjustment in the performance schedule. Contractor shall promptly cease performing Work and incurring costs in Page 16 of28 Re vised October 20 19 March 3, 2020 - Page 47 of 359 CMS : 148975 accordance with the State's directive, and the State shall not be liable for costs incurred by Contractor after the suspension of perfonnance. b. Withhold Payment Withhold payment to Contractor until Contractor corrects its Work. c. Deny Payment Deny payment for Work not perfonned, or that due to Contractor's actions or inactions, cannot be performed or if they were performed are reasonably of no va lue to the state; provided , that any denial of payment sha ll be equal to the value of the obligations not performed. d. Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe , a patent, copyright, trademark, trade secret or other intellectual property right, Contractor shall, as approved by the State, (i) secure that right to use such Work for the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work and refund the amount paid for such Work to the State. B. Contractor 's Remedies If the State is in breach of any provision of this Contract and does not cure such breach , Contractor, following the notice and cure period in §11 and the dispute resolution process in §13 , shall have all remedies available at law and equity. 13. STA TE 'S RIGHT OF REMOVAL The State retains the right to demand , at any time, regardless of whether Contractor is in breach, the immediate removal of any of Contractor 's employees, agents , or subcontractors from the work whom the State, in its so le discretion , deems incompetent, careless , insubordinate, unsuitab le , or otherwise unacceptab le or whose continued relation to this Contract is deemed by the State to be contrary to the public interest or the State's best interest. 14. DISPUTE RESOLUTION A. Initial Resolution 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 member designated by the State and a senior manager designated by Contractor for resolution . B. Resolution of Controversies If the initial resolution described in §14.A fails to resolve the dispute within 10 Business Days , Contractor shall submit any a ll eged breach of this Contract by the State to the Procurement Official of CDHS as described in §24-101-301(30), C.R.S. for resolution in accordance with the provisions of §§24-106-109 and 24-109-101.1 through 24-109-505 , C.R.S., (the "Resolution Statutes"), except that if Contractor wishes to challenge any decision rendered by the Procurement Official, Contractor's challenge shall be an appeal to the executive director of the Department of Personnel and Administration , or their delegate, Co ntrac t Wi za rd Version 4 .05 Page 17 of28 Re vised October 20 19 March 3, 2020 - Page 48 of 359 CMS : 148975 under the Resolution Statutes before Contractor pursues any further action as permitted by such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations. 15. NOTICES AND REPRESENTATIVES Each individual identified on the Signature and Cover Pages shall be the principal representative of the designating Party . All notices required or pennitted to be given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt required , (B) by certified or registered mail to such Party 's principal representative at the address set forth on the Signature and Cover Pages for this Contract or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Signature and Cover Pages for this Contract. If a Party delivers a notice to another through email and the email is undeliverable , then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party's principal representative at the address set forth below. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this section without a formal amendment to this Contract. Unless otherwise provided in this Contract , notices shall be effective upon delivery of the written notice. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A. Work Product Contractor assigns to the State and its successors and assigns , the entire right , title , and interest in and to all causes of action , either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on , derived from , or incorporating the Work Product. Whether or not Contractor is under contract with the State at the time, Contractor shall execute applications , assignments , and other documents , and shall render all other reasonable assistance requested by the State , to enable the State to secure patents , copyrights , licenses and other intellectual property rights related to the Work Product. To the extent that Work Product would fall under the definition of "works made for hire" under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made for hire. i. Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law , Contractor hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon , derived from , or incorporating the Work Product ; all copyright applications, registrations , extensions , or renewals relating to all Work Product and all works based upon , derived from , or incorporating the Work Product; and all moral rights or simi lar rights with respect to the Work Product throughout the world. To the extent that Contractor cannot make any of the assignments required by this section, Contractor hereby grants to the State a perpetual , irrevocable , royalty-free license to use , modify, copy, publish , display, perform, transfer, distribute , sell, and create derivative works of the Work Product and all works based upon, derived from , or incorporating the Work Product by all means and methods and in any format now known or invented in the future . The State may assign and license its rights under this license . 11 . Patents Contract Wizard Versio n 4.05 Pa ge 18 of28 Revised October 20 19 March 3, 2020 - Page 49 of 359 CMS : 148975 In addition, Contractor grants to the State (and to rec1p1ents of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no-charge, royalty- free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Contractor that are necessarily infringed by the Work Product alone , or by the combination of the Work Product with anything else used by the State . B. Exclusive Property of the State Except to the extent specifically provided elsewhere in this Contract , any pre-existing State Records , State software, research , reports, studies, photographs, negatives or other documents, drawings , models , materials , data and information shall be the exclusive property of the State (collectively, "State Materials"). Contractor shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the perfonnance of Contractor's obligations in this Contract without the prior written consent of the State . Upon tennination of this Contract for any reason, Contractor shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C. Exclusive Property of Contractor Contractor retains the exclusive rights , title, and ownership to any and all pre-existing materials owned or licensed to Contractor including, but not limited to , all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials , delivered by Contractor under the Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, "Contractor Property"). Contractor Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained by the State from the applicable third-party vendor; or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 17 . STATEWIDE C O NTRACT MANAGEMENT SYSTEM If the maximum amount payable to Contractor under this Contract is $100 ,000 or greater, either on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24- 106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract performance information in the State 's contract management system ("Contract Management System" or "CMS"). Contractor's performance shall be subject to evaluation and review in accordance with the terms and conditions of this Contract, Colorado statutes governing CMS , and State Fiscal Rules and State Controller policies . 18. GENERAL PRO V I SIONS A . Assignment Contractor's rights and obligations under this Contract are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void . Any assignment or transfer of Contractor's rights and obligations approved by the State shall be subject to the provisions of this Contract B. Subcontracts Contract Wi za rd Version 4.05 Pag e 19 of28 Re vised October 20 19 March 3, 2020 - Page 50 of 359 CMS: 148975 Unless other restrictions are required elsewhere in this Contract, Contractor shall not enter into any subcontract in connection with its obligations under this Contract without providing notice to the State. The State may reject any such subcontract, and Contractor shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform any Work after that Subcontractor's subcontract has been rejected by the State. Contractor shall submit to the State a copy of each such subcontract upon request by the State . All subcontracts entered into by Contractor in connection with this Contract shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado , and shall be subject to all provisions of this Contract. C. Binding Effect Except as otherwise provided in §18.A., all prov1s10ns of this Contract, including the benefits and burdens, shall extend to and be binding upon the Parties ' respective successors and assigns. D. Authority Each Party represents and warrants to the other that the execution and delivery of this Contract and the performance of such Party 's obligations have been duly authorized. E. Captions and References The captions and headings in this Contract are for convenience of reference only, and shall not be used to interpret, define , or limit its provisions. All references in this Contract to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments , are references to sections, subsections , exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F. Counterparts This Contract may be executed in multiple, identical , original counterparts , each of which shall be deemed to be an original , but all of which , taken together, shall constitute one and the same agreement. G. Entire Understanding This Contract represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Contract. Prior or contemporaneous additions , deletions , or other changes to this Contract shall not have any force or effect whatsoever, unless embodied herein . H. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules , then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference . I . Modification Except as otherwise provided in this Contract, any modification to this Contract shall only be effective if agreed to in a formal amendment to this Contract, properly executed and Cont rac t Wizard Version 4.05 P age 20 of28 Revised October 20 19 March 3, 2020 - Page 51 of 359 CMS : 148975 approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Contract, other than contract amendments, shall conform to the policies issued by the Colorado State Controller. J. Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Contract to a statute , regulation , State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Contract. K. Order of Precedence In the event of a conflict or inconsistency between this Contract and any Exhibits or attachments such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 1. HIP AA Business Associate Agreement (if any). 11. Colorado Special Provisions in §19 of the main body of this Contract. 111. The provisions of the other sections of the main body of this Contract. iv. Any other Exhibit(s) shall take precedence in alphabetical order. L. External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor's or a Subcontractor's website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Contract. M. Severability The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Contract in accordance with the intent of the Contract. N. Survival of Certain Contract Terms Any provision of this Contract that imposes an obligation on a Party after termination or expiration of the Contract shall survive the termination or expiration of the Contract and shall be enforceable by the other Party. 0 . Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S .C ., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq. C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes , regardless of whether any political subdivision of the state imposes such taxes on Contractor. Contractor shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Contractor may wish to have in place in connection with this Contract. P. Third Party Beneficiaries Contract Wi za rd Version 4 .0 5 Page 21 of28 Revised October 20 19 March 3, 2020 - Page 52 of 359 CMS : 148975 Except for the Parties' respective successors and assigns described in §18.A., this Contract does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Contract and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Contract are incidental to the Contract, and do not create any rights for such third parties. Q. Waiver A Party's failure or delay in exercising any right, power, or privilege under this Contract, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. R. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. S. Standard and Manner of Performance Contractor shall perform its obligations under this Contract in accordance with the highest standards of care, skill and diligence in Contractor's industry, trade, or profession. T. Licenses, Permits, and Other Authorizations. Contractor shall secure, prior to the Effective Date, and maintain at all times during the term of this Contract, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Contract, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Contract. U. Indemnification i. Applicability This entire §18.U does not apply to Contractor if Contractor is a "public entity" within the meaning of the GIA. 11. General Indemnification Contractor shall indemnify, save, and hold harmless the State, its employees, agents and assignees (the "Indemnified Parties"), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys' fees and related costs) incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with this Contract. 111. Confidential Information Indemnification Disclosure or use of State Confidential Information by Contractor in violation of §8 may be cause for legal action by third parties against Contractor, the State, or their respective agents. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys' fees and costs) incurred by the State in relation to any Contract Wi zard Version 4 .05 Page 22 of28 Revi sed October 2019 March 3, 2020 - Page 53 of 359 CMS : 14 8975 act or omission by Contractor, or its employees, agents , assigns, or Subcontractors in violation of §8. iv . Intellectual Property Indemnification Contractor shall indemnify, save , and hold harmless the Indemnified Parties , against any and all costs, expenses , claims , damages, liabilities, and other amounts (including attorneys' fees and costs) incurred by the Indemnified Parties in relation to any claim that any Work infringes a patent , copyright, trademark, trade secret, or any other intellectual property right. 19. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37 .5-102(2 .6), then this Contract shall not be valid until it has been approved by the State's Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted , and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State , its departments , boards , commissions committees, bureaus , offices , employees and officials sha ll be controlled and limited by the provisions of the Colorado Governmental Immunity Act , §24-10-101, et seq., C.R.S .; the Federal Tort Claims Act , 28 U .S.C. Pt. VI , Ch. 171and28 U.S.C. 1346(b), and the State's risk management statutes, §§24-30-1501 , et seq. C.R.S . No tenn 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 , contained in these statutes. D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization , express or implied , to bind the State to any agreement , liability or understanding , except as expressly set forth herein. 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. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contract Wi za rd Version 4 .05 Pa ge 23 of28 Rev ised October 20 19 March 3, 2020 - Page 54 of 359 CMS : 14 89 75 Contractor shall strictly comply with all applicable federal and State laws , rules , and regulations in effect or hereafter established , including, without limitation, laws applicable to discrimination and unfair employment practices . F. CHOICE OF LAW, JURISDICTION, AND VENUE. 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. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any tenn included in this Contract that requires the State to indemnify or hold Contractor harmless ; requires the State to agree to binding arbitration; limits Contractor's liability for damages resulting from death , bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C .R .S . H. SOFTWARE PIRACY PROHIBITION. 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 . . I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. 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. J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30- 202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S ., the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for : (i) unpaid child support debts or child support arrearages ; (ii) unpaid balances of tax , accrued interest , or other charges specified in §§39- 21-101 , et seq ., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education ; (iv) amounts required to be paid to the Unemployment Compensation Fund ; and (v) other unpaid debts owing to the State as a result of final agency detennination or judicial action . The State may also recover, at the State 's discretion , payments made to Contractor in error for any reason, including, but not limited Cont rac t Wi za rd Vers ion 4 .0 5 Page 24 of28 Rev ised October 20 19 March 3, 2020 - Page 55 of 359 CMS: 14 8975 to , overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. [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 State verification program established pursuant to §8-l 7.5-102(5)(c), C.R.S., 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 (i) shall not use E -Verify Program or the program procedures of the Colorado Department of Labor and Employment ("Department Program") to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and CDHS within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to CDHS 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 §§8-17.5-101 et seq ., C.R.S., CDHSmay terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101 et seq., C.R.S., and (iii) has produced one fonn of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 20. DEPARTMENT OF HUMAN SERVICES PROVISIONS A. Exclusion, Debarment and/or Suspension Contractor represents and warrants that Contractor, its employees, agents, assigns, or Subcontractors, are not presently excluded from participation, debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or otherwise ineligible to participate in a "federal health care program" as defined in 42 U.S.C. § 1320a-7b(f) or in any other government payment program by any federal or State of Colorado department or agency. If Contractor, its employees, agents, assigns, or Subcontractors, are excluded from participation, or becomes otherwise ineligible to participate in any such program during the Contract Wi zard Version 4 .05 Page 25 of28 Revi sed October 2019 March 3, 2020 - Page 56 of 359 CMS : 148975 term of this Contract, Contractor shall notify the State in writing within three (3) days after such event. Upon the occurrence of such event, whether or not such notice is given to Contractor, the State may immediately terminate this Contract. B. Emergency Planning If Contractor provides Work that is an extension of State work performed as part of the State of Colorado Emergency Operations Plan or for a publicly funded safety net program , as defined by C.R.S. § 24-33.5-701 et seq., Contractor shall perform the Work in accordance with the State's Emergency Operations Plan or continuity of operations plan in the event of an emergency. If requested, Contractor shall provide a plan and reporting information to ensure compliance with the State's Emergency Operations Plan and C.R.S . § 24-33.5-701 et seq. C. Restrictions on Public Benefits If applicable, Contractor shall comply with C.R.S. §§ 24-76.5-101 -103 exactly as the State is required to comply with C.R.S. §§ 24-76.5-101 -103. D. Discrimination Contractor shall not: L discriminate against any person on the basis of race, color, national origin, age, sex, religion or handicap, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions. 11. exclude from participation in, or deny benefits to any qualified individual with a disability, by reason of such disability. Any person who thinks he/she has been discriminated against as related to the performance of this Contract has the right to assert a claim, Colorado Civil Rights Division, C.R.S. §24- 34-301, et seq. E. Criminal Background Check Pursuant to C.R.S. §27-90-111 and CDHS Policy VI-2.4 , any independent contractor, and its agent(s), who is designated by the Executive Director or the Executive Director's designee to be a contracting employee under C.R.S. §27-90-111, who has direct contact with vulnerable persons in a state-operated facility, or who provides state-funded services that involve direct contact with vulnerable persons in the vulnerable person's home or residence, shall: i. submit to and successfully pass a criminal background check, and 1i. report any arrests, charges, or summonses for any disqualifying offense as specified by C.R.S. §27-90-111 to the State . Any Contractor or its agent(s), who does not comply with C.R.S. §27-90-111 and CDHS Policy VI-2.4, may, at the sole discretion of the State, be suspended or terminated. F. Fraud Policy Contractor shall comply with the current CDHS Fraud Policy. G. C-Stat -Performance Based Program Analysis and Management Strategy (C-Stat Strategy) Contract Wizard Version 4.05 Page 26 of28 Revi sed October 20 19 March 3, 2020 - Page 57 of 359 CMS : 1489 75 Without any additional cost to the State , Contractor shall collect and maintain Contract performance data, as determined solely by the State . Upon reque st, Contractor sh all pro vide the Contract performance d ata to the State . This pro vision doe s not allow the St ate to impose unilateral changes to perfonnance requirements . REST OF PAGE INTENTIONALLY LEFT BLANK Contrac t W izard Ve rsion 4 .05 Page 27 of28 Rev ised October 20 19 March 3, 2020 - Page 58 of 359 CMS : 148975 21. SAMPLE OPTION LETTER (IF APPLICABLE) State Agency Option Letter Number Insert Department's or IHE's Full Legal Name Insert the Option Number (e .g." I" for the first option) Contractor Original Contract Number Insert Contractor's Full Legal Name, including Insert CMS number or Other Contract Number of the Original Contract "Inc.", "LLC", etc ... Current Contract Maximum Amount Option Contract Number Initial Term Insert CMS number or Other Contract Number of this Option State Fiscal Year 20xx $0.00 Extension Terms Contract Performance Beginning Date State Fiscal Year 20xx $0 .00 Month Day, Year State Fiscal Year 20xx $0 .00 State Fiscal Year 20xx $0 .00 Current Contract Expiration Date State Fiscal Year 20xx $0.00 Month Day, Year Total for All State Fiscal Years $0 .00 1. OPTIONS: A. Option to extend for an Extension Term B. Option to change the quantity of Goods under the Contract C. Option to change the quantity of Services under the Contract D . Option to modify Contract rates E . Option to initiate next phase of the Contract 2. REQUIRED PROVISIONS: A. For use with Option l(A): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option for an additional term , beginning Insert start date and ending on the current contract expiration date shown above , at the rates stated in the Original Contract, as amended . B. For use with Options 1(8 and C): In accordance with Section(s) Number of the Original Contract referenced above, the State hereby exercises its option to Increase/Decrease the quantity of the Goods/Services or both at the rates stated in the Original Contract, as amended. C. For use with Option l(D): In accordance with Section(s) Number of the Original Contract referenced above , the State hereby exercises its option to modify the Contract rates specified in Exhibit/Section Number/Letter. The Contract rates attached to this Option Letter replace the rates in the Original Contract as of the Option Effective Date of this Option Letter. D. For use with Option 1€: In accordance with Section(s) Number of the Original Contract referenced above , the State hereby exercises its option to initiate Phase indicate which Phase : 2 , 3, 4 , etc, which shall begin on Insert start date and end on Insert ending date at the cost/price specified in Section Number. E. For use with all Options that modify the Contract Maximum Amount: The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Max imum Amount table shown above . 3. Option Effective Date: The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. ST ATE OF COLORADO INSERT-Name of Agency or IHE INSERT-Name & Title of Head of Agency or IHE SAMPLE ONLY -DO NOT SIGN By: Name & Title of Person Signing for Agency or IHE Date : SAMPLE ONLY -DO NOT SIGN In accordance with §24-30-202 C .R.S ., this Option is not valid until signed and dated below by the State Controller or an authorized delegate . ST A TE CONTROLLER SAMPLE ONLY -DO NOT SIGN Name of Agency or IHE Delegate-Please delete if contract will be routed to OSC for approval Ootion Effective Date : SAMPLE ONLY -DO NOT SIGN Contract Wizard Version 4 .05 Page 28 of28 Revi sed October 20 19 March 3, 2020 - Page 59 of 359 I. Goal/Purpose Exhibit A Co-Responder Services Program Statement of Work Exh ibit A The Co-Responder model was developed to better link people with mental illness to appropriate services or provide other effective responses by partnering specially trained officers with mental health professionals to provide a joint secondary response to the scene. Colorado is following this model to create law enforcement and behavioral health partnerships that identify calls for service where behavioral health (mental health and/or substance use disorders) appear to be a relevant factor. Behavioral health co -responders shall be dispatched along with law enforcement officers on these calls . The behavioral health provider shall offer assessment and crisis intervention services at the scene, provide referral information to the individual, and provide follow-up, when necessary . The goals of the Co -Responder Services Program ("Program ") are to : 1. Prevent unnecessary incarceration and/or hospitalization of individuals with behavioral health needs ; 2. Provide alternate care in the least restrict ive environment through a coordinated system wide approach; 3 . Prevent unnecessary duplication of behavioral health services ; and 4 . Facilitate the return of law enforcement units to patrol activities. II. Objective The Contractor shall implement the Program for its community by collaborating with key stakeholder partners to ensure service delivery, training and resource coordination. The Contractor shall collect data, measure outcomes, and report Program outcomes to the State to assist in determining the effectiveness of the Program in diverting individuals with behavioral health needs from the criminal justice system . Ill. Activities/Services A. Start-up Period for Project Development: The Contractor shall establish all required Program partnerships and finalize all required contracts needed to begin its Program operations within three (3) months from the Contract Performance Beginning Date (the Start-Up Period). If the Contractor is unable to implement the Program by the end of the Start-up Period, the Contractor will be placed on a Performance Improvement Plan established in coordination with the Office of Behavioral Health (OBH). B. Revised Work Plan: The Contractor shall provide OBH with an updated Work Plan on at least an annual basis for review and approval. C. Steering Committee~ The Contractor shall develop and maintain a Steering Committee to oversee the implementation of the Program for the duration of the Contract term . The Steering Committee shall meet at least biannually to discuss , problem solve and/or guide any changes or issues around the implementation of the Program . The Steering Committee shall include high - Pa ge I of 6 March 3, 2020 - Page 60 of 359 Exh ibit A level, decision-making representatives from each of the key local stakeholder disciplines listed below: 1. Lead law enforcement agency representative; 2. Behavioral health service provider representative; 3 . Impacted individual/consumer or family member; 4. Local hospital representative ; and 5. Regional Crisis Services Administrative Services Organization Representative . Contractor shall also include other entities in the Steering Committee that it determines are integral to the successful implementation of the Program, such as prosecutors, jail administrators, advocacy groups , and harm reduction organizations . The Steering Committee shall be charged with the following: 1. Examine the nature of the problem and help determine the Program's objectives and design; 2. Consider how the Program will relate to other local criminal justice-behavioral health partnerships that may be in place or are in the process of being established; 3 . Support a forum for planning decisions during the implementation phase and to provide ongoing leadership, problem solving and design modifications throughout the life of the Program; 4 . Designate appropriate staff to make up a Program Coordination Group; 5. Identify Program barriers to success and help reduce the impacts of barriers on the Program (such as identification of facilities as stated in Section H.4. below); and 6. Develop procedures to ensure that essential information is shared in an appropriate manner as stated in Section H.5. below. D. Program Coordination Group: The Contractor shall develop and maintain a Program Coordination Group to guide and support the Program . This Group may be the same as the Steering Committee, if the creation of two separate groups is unrealistic due to workforce and/or resource limitations. The Program Coordination Group shall~ 1. Oversee officer and Program training implementation; 2. Measure the Program's progress toward achieving stated goals; 3 . Resolve ongoing challenges to the Program's effectiveness ; and 4. Inform agency leaders and other policymakers of Program costs, developments, and progress . The Contractor shall designate an individual within the law enforcement agency as the Program Champion to serve as the agency's representative on the Program Coordination Group . E. Program/Project Manager: The Contractor shall select a Program/Project Manager (Manager) and establish the Manager's role, responsibilities, and authority. The Manager shall develop a management plan that supports both the Steering Committee and the Program Coordination Group . The Contractor shall communicate via email to OBH any changes to the Manager's contact information within one business day of change . F. lnteragency Memorandum of Understanding (MOU) or Intergovernmental Agreements (IGA): The Contractor shall develop interagency MOUs or IGAs to address any key challenges inherent in multidisciplinary collaboration . MOUs and IGAs shall include a description of how partners collectively identified the need for the project, and individualized letters of support outlining each partner's level of participation and commitment in the Program, responsibilities to the Program (policy and/or operational), resources they will contribute, and processes in collecting Page 2 of6 March 3, 2020 - Page 61 of 359 Exhibit A and sharing data. CDHS and/or OBH do not, however, direct the Contractor (or any other party) to, or give the Contractor (or any other party) authority to, negotiate or enter into any agreements on behalf of CDHS or OBH. G. Data Sharing Agreements: The Contractor shall ensure a data sharing Business Associates Agreement is developed and put in place between the partner agencies . The data sharing agreement shall ensure that each partner agency complies with the terms of the HIPAA BAA attached to this Contract . H. Program Policies and Procedures: The Contractor shall develop and maintain Program policies and procedures, subject to OBH review and approval, including specific policies and procedures for the following aspects of the Program : 1. Target Population and Eligibility Criteria: The Contractor shall identify the target population, develop eligibility criteria and develop Program policies to identify individuals who will be referred to the Program . The Contractor shall ensure that the referrals include adults at risk for low level controlled substance-related offenses and misdemeanor crimes all of whom have been repeatedly involved with law enforcement. The Contractor may expand eligibility criteria to meet specific community needs . 2. Call Taker and Dispatcher: The Contractor shall develop policies and procedures for call takers and dispatchers, including, but not limited to, the call information call takers shall gather, the manner in which dispatchers will be provided with up-to-date information on staffing patterns during shifts, and the geographic areas that identify law enforcement and behavioral health responders designated to respond to calls. 3 . Stabilization, Observation and Disposition : The Contractor shall develop policies and procedures to help guide co -responder teams (officers and/or behavioral health co- responders) to resolve an encounter with the least restrictive environment for the call's circumstances . 4. Transportation and Custodial Transfer : The Contractor shall develop policies and procedures to help guide effective and efficient transportation and custodial transfers . The policies shall at a minimum : i. Identify facilities that are capable of assuming custodial responsibility, available at all times, have personnel qualified to conduct a mental health evaluation, and do not turn away people brought by law enforcement, without specific reasons . ii. Connect individuals with a friend or family member, a peer support group, or crisis center, when available and in noncustodial situations in which the person does not meet the criteria for emergency evaluation and is not under arrest, but officers or the team determine the individual would benefit from services and support. i i i. Engage the services of the individual 's current mental health provider or a crisis team . The Contractor shall submit a draft copy of the policies and procedures to OBH for review and comment, incorporating any comments from OBH to the final policies and procedures. 5 . Information Exchange and Confidentiality : The Steering Committee shall develop procedures to ensure that essential information is shared in an appropriate manner. Information shall be shared in a way that protects individuals' confidentiality rights as treatment consumers and constitutional rights as possible defendants. Individuals with behavioral health disorders who have been in contact with a behavioral health agency should be offered an opportunity to provide consent in advance for behavioral health providers to share specified information with law enforcement authorities if an incident occurs (sometimes called an advance directive). Page 3 of 6 March 3, 2020 - Page 62 of 359 Exhibit A I. Program Training and Cross-training: 1. State Program Meeting Requirements: The Contractor shall attend a mandatory orientation session, Program meetings and other required training throughout the term of the Program . 2. Contractor Training: The Contractor shall provide training necessary for Contractor's Program to include : i. Officer Training : The Contractor shall provide officer training to improve officers' responses to people with behavioral health needs and to educate officers on the Program. The Contractor shall determine the amount of training necessary to ensure, at a minimum, that there is a group of officers sufficient to cover all time shifts and geographic districts. ii. Cross -training: The Contractor shall provide opportunities to behavioral health personnel and other stakeholders to help improve cross -system understanding of agencies' roles and responsibilities, law enforcement issues, Program policies and procedures, information sharing, safety and other opportunities to see policies translated into action . J. Catchment Area : The Contractor shall define the service and/or catchment area that best meets the community's needs . K. Individualized Service Provision: The Contractor's Program shall link individuals referred to or contacted by the Program to community based behavioral health supports and services, as appropriate. L. The Non-Displacement of Resources: The Contractor shall ensure the Program participants do not receive preferential access to scarce resources that would prevent others in need or on wait lists from being served . M . Evidence Based Practices: The Contractor shall use evidence-based and promising practices within the screening and service delivery structure, as appropriate, to support effective outcomes . The use of a risk/need/responsivity (RNR) model is encouraged to assess various factors such as substance use disorders, mental illness, cognitive or physical impairments, financial issues, family dynamics, housing instability, developmental disabilities, low literacy levels, and lack of reliable transportation, all of which may need to be addressed to support success . N. Staff Time Tracking and Invoicing: The Contractor shall ensure expenses and staff are tracked and invoiced separately for each Program or funding stream . Any other funding sources or in kind contributions supporting the Program shall be disclosed in the invoice submission . 0 . Use of Contract Funds : The Contractor may use Contract Funds to support, with the approval of OBH, items includ i ng but not limited to, the following : 1. Project management and community engagement 2. Temporary services and treatments necessary to stabilize a participant's condition, including necessary housing 3 . Outreach and direct service costs for services 4 . Specialized program training 5 . Dedicated law enforcement resources , including overtime required for participation in operational meetings and training 6. Training and technical assistance from experts in the implementation of Co -Responder Services Programs in other jurisdictions 7 . Collecting and maintaining the data necessary for program evaluation Page 4 of6 March 3, 2020 - Page 63 of 359 Exhib it A P. Subcontractor/Partnership Termination : In the event a partnership with a subcontractor such as a case management or treatment provider is terminated, the Contractor shall transition to a new partnership no later than 30 days from termination to ensure continuity of care for all participants of the Program . The Contractor shall communicate any subcontractor termination via email to the State within one Business Day . Q . Critical Incident Policy: Contractor shall develop and maintain a policy for review of critical incidents (including death, physical assault and sexual assault) ("Critical Incidents") that occur during a Program intervention or response . R. Critical Incident Reporting : Incidents that fall within standard police protocols and procedures (such as the use of less lethal interventions to maintain safety) are exempt from this requirement. If a Critical Inc i dent (including death, physical assault and sexual assault) occurs during a Co -Responder intervention or response, the Contractor shall take the action most appropriate, from the choices below : l. If the client or participant ("Client") is enrolled in services at a behavioral health agency or facility, the Contractor shall inform the service provider of the Critical Incident so that the service provider can follow their licensing entity's critical incident protocols and policies (if applicable) and for the purpose of continuity of care. 2 . For any Critical Incident involving the death of a Client, or any Critical Incident that falls outside police protocols and standards and the Client is not known to be enrolled i n behavioral health services with an agency or facility, the Contractor shall share the following information with OBH via an encrypted email to cdhs_ci_obh@state .co .us , within 24 hours of the time the Cr itical Incident occurs : i. Name of participant involved ; ii . Date and time of the Critical Incident; ii i. Locat i on of the Critical Incident; iv . The nature of the Critical Incident; v . How the Critical Incident was resolved ; v i. Name[s] of staff present; and v ii. Whether the Critical Incident resulted in any physical harm to the Client or any staff. Page 5 of 6 March 3, 2020 - Page 64 of 359 Exhib it A IV. Deliverables Activities noted below shall be emailed by the listed Due Date below to cdhs deliverablesOBH@state .co .us unless otherwise specified. DELIVERABLES DATE DUE Revised Work Plan Due 30 days from Contract Effective Date and after that annually. Program Policies and Procedures Document Draft document due to OBH 90 days from Contract Effective Date. Final document due to OBH 30 days from reviewed draft sent from OBH to Contractor. Submit copy of the Memo of Understanding (MOU) Upon execution of MOU or IGA and/or Intergovernmental Agreement (IGA) Participate in a monthly progress status meeting Monthly with the Manager of Co-Responder Services. Meeting may be in-person or via phone or video conference. Performance Outcome Measures Report using Monthly -15 days after the end of the reporting template provided by OBH, on current monthly and month. year-to-date outcomes Submit copy of subcontract(s) Upon execution of subcontract(s) Submit copy of the Steering Committee and Policy 60 days after contract execution and as Coordination Group Member Rosters * updated *If Steering Committee and Policy Coordination Group members are the same, note the rationale on roster. V. Performance Outcome Measures A. Number of law enforcement officers receiving specialized training. B. Number of calls received by dispatch qualifying for Program criteria . C. Number of incidents to which specially trained officers responded. D. Officer response t i mes . E. Number of repeat calls for service. F. Officers' disposition decisions, such as linking a person with services . G. Time required for Co-Responder calls. H. Locations used for custodial transfer. I. The number of injuries and deaths to officers and civilians. Page 6 of6 March 3, 2020 - Page 65 of 359 EXHIBIT B COLORADO Office of Behavioral Health Department of Human Services FY20 ANNUAL BUDGET EXHIBIT B OBH Program Co -Response Program Program Contact Name, Title Ryan Kenny , Commander Vail Police Dpt . Agency Name Vail Police Department Phone 970-477-3433 Email rkenny@vailgov .com Fiscal Contract Name, Title Kathleen Halloran, Financial Director Budget Period January 1, 2020 -June 30, 2020 Phone 970-479-2116 Email khalloran@vailgov .com Project Name Eagle County Mobile Cri sis Co -Respon se Date Completed September 15, 2019 . D~te amended 12 .28/2019 All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred. r EXPENDITURE CATEGORIES Personnel Services Salaried Employees Annual Budget Gross or Percent of Total Amount Requested Position Title Description of Work Annual Fringe Time on Salary Project from OBH $ - $ - $ - $ - Personnel Services Hourly Employees Annual Budget Hourly Total# of Total Amount Requested Position Title Description of Work Wage Hourly Fringe Hounon fromOBH Project None $ - $ - Total Personnel Services $ I -(including fringe benefits) Contractors/Consultants {payments to third parties or entities} Annual Budget Name Description of Item Rate Quantity Total Amount Requested fromOBH Hope Center Co-Response . Program Manager, Co-response Clinician Supervisor, Co-response Clinicians, $ 211,000.00 1 $ 211 ,000 .00 All expenses support Hope mileage, ipads, and other items as needed . Center and include estimated costs . Total Contractors/Consultants $ 211,000.00 Page 1of4 Lasted update : 07 _29 _19 March 3, 2020 - Page 66 of 359 EX HI BIT B Travel Annual Budget Item Description of Item Rate Quantity Total Amount Requested fromOBH Kick off meeting attendance Travel , lodgeing and per diem for four individuals to attned the kick off gathering in $ 550.00 4 $ 2,200 .00 Denver. Average estimate is $300 per person for hotel, $100 per day per diem for food , $150 per person for mileage reimbursement . $ - Total Travel $ 2,200.00 Supplies & Operating Expenses Annual Budget Item Description of Item Rate Quantity Total Amount Requested fromOBH $ - $ - $ - Total Supplies I $ -& Operatina Expenses 10TAL DIRECI' COSTS (TDC) $ ZlJ,20000 less: Expenses per OMB 2CFR § 200 Subcontracts in excess of $25,000 $ - Rent $ - Equipment $ - Other Unallowable Expenses $ - Total Expenses per OMB 2CFR § 200 $ I - HODIPIBO TOTAi. OIRllC'I' m1rs (Hf'OC) $ m,200.00 I Indirect Costs rnot to exceed 10%1 Annual Budget Item Description of Item Percentage Total Amount Requested fromOBH 10% Indirect rate : $ - Total Indirect $ I - TOTAL $ 213,200 I The Parties may mutually agree, in writing, to modify the Budget administratively using an OBH Budget Reallocation form Page 2 of 4 Lasted update: 07 _29_19 March 3, 2020 - Page 67 of 359 EXHIBIT B COLORADO Department of Human Serv\ces Office of Behavioral Health .. ~ FY21 ANNUAL BUDGET EXHIBIT B OBH Program Co-Response Program Program Contact Name, Title Ryan Ke nny, Commander Vail Police Dpt . Agency Name Va il Police De pa rtm ent Phone 970-477-3433 Email rkenny@vailgov.com Fiscal Contract Nam e , Title Kath leen Halloran, Financial Director Budget Period July 1, 2020 -Jun e 30, 2021 Phone 970-479-2116 Ema il khalloran@vailgov .com Project Name Eagle County Mobile Crisis Co-Res pon se Date Completed September 15, 2019 Date Amended 12/28/2019 All budget numbers are estimates. Contract billing will be on a cost reimbursement basis for actual expenses incurred . EXPENDITURE CATEGORIES Personnel Services Salaried Employees Annual Budget Gross or Annual Percent of Pos ition Title Description of Work Fringe Time on Total Amount Requested Salary Project from OBH $ $ I - $ $ Personnel Services Hourly Employees Annual Budget Hourly Total #of Total Amount Requested Position Title Description of Work Hourly Wage Hours o n Fringe from OBH Project none $ $ - $ I - Total Personnel Services I (including fringe benefits) $ - Contractors/Consultants (payments to third parties or entities) Annual Budget Name Description of Item Rate Quantity Total Amount Requested fromOBH Hope Center Co-Response. Prog ram Ma nager, Co-response Cli nician Sup ervisor, Co-response Clinicians , mileage, $ 276,000 .00 1 $ 276,000 .00 All expenses support Hope and other items as needed . Center and include estimated costs . Salesforce salesforce data base collection system for captu ring required data $ 4,000.00 1 $ 4,000 .00 Total Contractors/Consultants $ 280,000.00 Page 3 of4 Lasted update : 07 _29_19 March 3, 2020 - Page 68 of 359 EXHIB IT B Travel Annual Budget Item Description of Item Rate Quantity Total Amount Requested from OBH $ $ I - Total Travel $ l - Supplies & Operating Expenses Annual Budget Item Description of Item Rate Quantity Total Amount Requested from OBH $ - $ - $ - $ - $ - $ - $ - Total Supplies I & Operatinq Expenses $ - 1'GM'AL DIRECI' COSTS (TDC) $ 280,000.00 Less: Expenses per OMB 2CFR § 200 Subcontracts i n excess of $25,000 $ I - Rent $ I - Equip ment $ I - Other Unallowable Expenses $ I - Total Expenses per OMB 2CFR § 200 $ I - /lfOOllUO TOTAL OllllCT com (llmJQ $ : 280,000.00 Indirect Costs [not to e xceed 10%] Annual Budget Item Description of Item Percentage Total Amount Requested fromOBH 10% Ind i rect rate : $ Total Indirect $ - TO't $ : 280,000.00 Th e Parti es m ay mutually ag r ee, in writing, to modify th e Bud get administrative ly us ing an OBH Bud ge t Reallocation form Page 4 of 4 La sted update: 07 _29 _19 March 3, 2020 - Page 69 of 359 Exhibit C Miscellaneous Provisions I. General Provisions and Requirements A. Finance and Data Protocols Exhibit C The Contractor shall comply with the Office of Behavioral Health's (OBH) most current Finance and Data Protocols and the Behavioral Health Accounting and Auditing Guidelines , made a part of this Contract by reference. B. Print and Marketing Materials When the Contractor publishes newsletters, consumer pamphlets, or other publications where financial contributors/funders are noted , the State shall be listed as funder. Contractor shall include the current Colorado Department of Human Services logo on any visual marketing materials that advertise programs funded by this Contract. C. Option Letter For contracts using State funding: The State may increase or decrease the rates established in the Contract in Exhibit B, "Budget," based upon a cost of living adjustment to the relevant lines in the Long Bill through an option letter. In order to exercise this option, the State shall provide written notice to Contractor in a fonn substantially equivalent to Contract Section 21 , "Sample Option Letter." Delivery of Goods and performance of Services shall continue at the same rates and tem1s as described in this Contract. D. Start-up Costs If the State reimburses the Contractor for any start-up costs and the Contractor closes the program or facility within three years of receipt of the start-up costs, the Contractor shall reimburse the State for said start-up costs within sixty (60) days of the closure. The Contractor is not required to reimburse the State for start-up costs if the facility or program closure is due to OBH eliminating funding to that specific program and/or budget line item. E. Immediate Notification of Closures I Reductions in Force If the Contractor intends to close a facility or program, it shall notify the OBH Contracts Unit at least five business days prior to the closure. Similarly, if the Contractor, or any sub- contractor provider, intends to conduct a reduction in force which affects a program funded through this contract, the Contractor shall notify the OBH Contracts Unit at least five business days prior to the layoffs. F. Licensing and Designation Database Electronic Record System (LADDERS) The Contractor shall use LADDERS (http://www.colorado.gov/ladders) as needed and/or as required by rule to submit applications for OBH licensing and designation, keep current all provider directory details, update daily bed counts (as applicable), and submit policies and procedures. Page I of4 March 3, 2020 - Page 70 of 359 Exhibit C G. Contract Contact Procedure The Contractor shall submit all requests for OBH interpretation of this Contract or for amendments to this Contract to the OBH Contract Manager. H. The Contractor shall comply with all the provisions and requirements of RFP # 2020000049 . II . A ddition al R emed ies A . Duty to Act in Good Faith The Contractor shall comply with all the provisions of this contract and its amendments, if any, and shall act in good faith in the performance of the requirements of said contract. The Contractor agrees that failure to act in good faith in the performance with said requirements may result in the assessment of remedial actions , liquidated damages and/or tennination of the contract in whole or in part and/or other actions by the State as allowed by law as set forth in this contract. B. Corrective Action The State will notify the Contractor of non-compliance and subsequently, after consultation with the Contractor, will establish a schedule for the Contractor to cure non-compliance. The Contractor shall be responsible for the submission of a plan of corrective action in accordance with said schedule. If full compliance is not achieved , or a plan of action for correction is not submitted and approved by the State within the scheduled time frame , the State may exercise remedies specified in the General Provisions "Remedies " section of this Contract. If the State determines that the Contractor continues to be out of compliance with the Contract, the State may exercise liquidated damages herein . C . Liquidated Damages. If an extension of time is not granted by the State , and the required performance associated with this contract is not received from the Contractor then liquidated damages of $300 a day will be assessed and may be permanently withheld from payments due to the Contractor for each day that performance is late . The parties agree that incomplete or incorrect performance shall a lso be cause for "late performance." The parties agree that the damages from breach o f this contract are difficult to prove or estimate, and the amount of liquidated damages specified herein represents a reasonable estimation of damages that will be suffered by the State from late performance, including costs of additional inspection and oversight, and lost opportunity for additional efficiencies that would have attended on-time completion of performance . Assessment of liquidated damages shall not be exclusive of or in any way limit remedies available to the State at law or equity for Contractor breach. III .Audit R eq uir em ent s A . Independent Audit Requirement s 1. "Independent financial audit " shall be defined as follows-a financial audit conducted by a certified public accounting firm or certified public accountant (CPA) in accordance with generally accepted accounting principles and applicable federal regulations. The CPA or firm must be independent of the Contractor. "Independent" means not a regular full-time Pag e 2 of4 March 3, 2020 - Page 71 of 359 Exhibit C or part-time employee of the Contractor and not receiving any form of compensation from the Contractor other than compensation that the CPA receives for the conduct of the financial audit. 2 . If the Contractor or sub-contractor expends federal awards from all sources (direct or from pass-through entities) in an amount of $300 ,000 or more during its fiscal year shall have an independent financial audit performed annually. The audit shall identify, examine , and report the income and expenditures specific to operation of the services described in this contract. The audit will be presented in the format specified in the "Accounting and Auditing Guidelines " for Colorado Department of Human Services, Office of Behavioral Health (OBH), found on the OBH website . 3. The Contractor agrees to comply with the qualified or disclaimer opinion rendered by the independent auditor on financial statements or the negative opinion on peer review reports. Non-compliance with these standards shall result in enforcement of remedie s against the Contractor as provided in this Contract. B . Annual Single Audit 1. If the Contractor or sub-contractor expends federal awards from all sources (direct or from pass-through entities) in an amount of $750 ,000 or more during its fiscal year, then the Contractor or sub-contractor shall have an audit of that fiscal year in accordance with the Single Audit Act Amendments of 1996 , (31 U.S.C . 7501-7507). IV. Fi na ncia l Re qui re ments A. Funding Sources 1. The Contractor shall identify all funds delivered to subcontractors as state general fund , state cash funds , or federal grant dollars in Ex hi bit B , "B udget." 2 . If a Single Audit is performed in accordance with Section III .B .above , the Contractor shall report the amount of the federal grant identified in the budget under the CFDA number identified on the first page of this Contract. 3. The Contractor shall co1mnunicate the CFDA number to all sub-contractors in their sub- contracts. B . Budget Reallocations 1. The Contractor may reallocate funds between the budget categories of this contract, up to 10 % of the total contract amount, upon written approval by OBH, without a contract amendment. Any allowable reallocation is still subject to the limitations of the Not to Exceed and the Maximum Amount Available per Fiscal Year. C. Payment Terms 1. The Contractor shall invoice monthly for services , no later than the 20th of the month following when services are provided. 2. The Contractor shall utilize the invoice template(s) provided by OBH. 3. All payment requests shall be submitted electronically to OBHpayment@ state.co.us 4. Any requests for payment received after September 10th for the prior state fiscal year cannot be processed by OBH. Page 3 of 4 March 3, 2020 - Page 72 of 359 Exhibit C 5. The State will make payment on invoices within 45 days of receipt of a correct and complete invoice to OBHpayment@ state.co.us . Consequently, the Contractor must have adequate solvency to pay its expenses up to 45 days after invoice submission to the State . Page 4 of 4 March 3, 2020 - Page 73 of 359 Exhibit D EXHIBIT D -HIP AA BUSINESS ASSOCIATE AGREEMENT This HIP AA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in connection with , and as an exhibit to , the Contract. For purposes of this Agreement, the State is referred to as "Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly require s a distinction between the Contract and this Agreement , all references to "Contract" shall include this Agreement. 1. PURPOSE Covered Entity wishes to disclose information to Business Associate , which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA "), Pub . L. No . 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted under the American Recovery and Reinvestment Act of 2009 ("ARRA ") Pub . L. No. 111-5 (2009), implementing regulations promulgated by the U.S . Department of Health and Human Services at 45 C.F .R. Parts 160 , 162 and 164 (the "HIPAA Rules ") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in , but not limited to, Title 45 , Sections 160 .103 , 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C .F .R .") and all other applicable laws and regulations , all as may be amended . 2. DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules : Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations , Individual, Minimum Necessary, Notice of Privacy Practices , Protected Health Information , Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a . Business Associate . "Bu s iness Ass ociate" shall have the same meaning a s the term "bu s ines s as sociate" at 45 C.F.R. 160. I 03 , and shall refer to Contractor. b . Covered Entity. "Covered Entity " s hall have the same meaning as the term "covered entity" at 45 C.F .R. 160 .103 , and shall refer to the State . c . Information Technology and Information Security. "Information Technology" and "Information Security" shall have the same meanings as the terms "information technology" and "information security", respectively, in §24-37 .5-102 , C.R.S. Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3 . OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a . Permitted Uses and Disclosures . 1. Business Associate shall use and disclose PHI only to accomplish Business Associate 's obligations under the Contract. Page 1of10 HTPAABAA Revised August 2018 March 3, 2020 - Page 74 of 359 Exhibit D 1. To the extent Business Associate carries out one or more of Covered Entity 's obligations under Subpart E of 45 C.F.R. Part 164 , Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. 11. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A . the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person , and; B. the person notifies Business Associate of any Breach involving PHI of which it is aware . u1. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de-identify any or all PHI created or received by Business Associate under this Agreement, provided the de-identification conforms to the requirements of the HIP AA Rules. b. Minimum Necessary . Business Associate , its Subcontractors and agents, shall access, use , and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164 .514(d). c . Impermissible Uses and Disclosures. 1. Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. 11. Business Associate shall not share, use , disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. d . Business Associate's Subcontractors . 1. Business Associate shall , in accordance with 45 C .F .R. 164.502(e)(l)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive , maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions , conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. 11. Business Associate shall provide to Covered Entity , on Covered Entity 's request , a list of Subcontractors who have entered into any such agreement with Business Associate. m . Business Associate shall provide to Covered Entity, on Covered Entity 's request, copies of any such agreements Business Associate has entered into with Subcontractors. e . Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request , review, and comply with any and all policies applicable to Covered Entity regarding such Page 2 of IO HIPAABAA Revised August 2018 March 3, 2020 - Page 75 of 359 Exhibit D system including, but not limited to , any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. f. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F .R. 164 .524 . g. Amendment of PHI. 1. Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164 .526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.526. 11. Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. h. Accounting Rights . Bus iness Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164 .528. 1. Restrictions and Confidential Communications. 1. Business Associate shall restrict the Use or Disclosure of an Individual 's PHI within ten days of notice from Covered Entity of: A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164 .522; or B . a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. 11. Business Associate shall not respond directly to an Individual 's requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. 111. Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate . J. Governmental Access to Records . Business Associate shall make its facilities, internal practices, books , records , and other sources of information , including PHI, available to the Secretary for purposes of determining compliance with the HIP AA Rules in accordance with 45 C.F.R. 160.310. k. Audit, Inspection and Enforcement. 1. Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives , manipulates , stores and distributes . Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. Page 3of10 HIPAABAA Revised August 2018 March 3, 2020 - Page 76 of 359 Exhibit D 11. Business Associate , upon the request of Covered Entity, shall fully cooperate with Covered Entity 's efforts to audit Bus ines s Associate 's compliance with applicable HIPAA Rules . If, through audit or inspection , Covered Entity determines that Business Associate 's conduct would result in violation of the HIP AA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. I. Appropriate Safeguards . 1. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. 11. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures . 111. Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information . 1v. Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de-identified in conformance to the requirements of the HIP AA Rules. m. Safeguard During Transmission. 1. Business Associate shall use reasonable and appropriate safeguards including, without limitation , Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. 11 . Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS- compliant encryption algorithm. n . Reporting of Improper Use or Disclosure and Notification of Breach . 1. Business Associate shall , as soon a s reasonably possible , but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103 , C .R.S . 11 . Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been , accessed , acquired , or disclosed during such Breach . 111. Business Associate shall , as soon as reasonably possible , but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. Page 4of10 HIPAABAA Revised August 2018 March 3, 2020 - Page 77 of 359 Exhibit D 1v. Business Associate shall have the burden of demonstrating that all notifications were made as required , including evidence demonstrating the necessity of any delay . o . Business Associate's Insurance and Notification Costs. 1. Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A. loss of PHI data; B. Breach notification requirements specified m HIP AA Rules and m §24-73-103 , C.R.S.; and C. claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. 11. All such policies shall meet or exceed the minimum insurance requirenwnts of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, ammal aggregate dollar limits, additional insured status, and notice of cancellation). 111. Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. 1v. Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. p. Subcontractors and Breaches. 1. Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive , maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information , on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. 11. Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. q . Data Owr1ership. 1. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. 11. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. Page 5of10 HIPAA BAA Revised August 2018 March 3, 2020 - Page 78 of 359 Exhibit D r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5 below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, and shall continue to maintain the accounting of disclosures required under Section 3.h above, for a period of six years. 4. OBLIGATIONS OF COVERED ENTITY a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIP AA Rules . b. Notice of Changes. 1. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in , or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses or disclosures . 11. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164 .522, to the extent that it may affect Business Associate's permitted use or di sc losure of PHI. 5. TERMINATION a. Breach . 1. In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. 11. Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. b . Effect of Termination. 1. Upon termination of this Agreement for any reason , Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. 11. If Covered Entity directs Business Associate to destroy the PHI, Business Associate sha ll certify in writing to Covered Entity that such PHI has been destroyed . 111. If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Page 6of10 HIPAA BAA Revised August 2018 March 3, 2020 - Page 79 of 359 Exhibit D Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destrnction of such PHI infeasible. 6. INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance , and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the tem1s and provisions of this Agreement. 7. LIMITATION OF LIABILITY Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under this Agreement, which shall not be limited . 8 . DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate 's own purposes . Business Associate is solely responsible for a ll decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9. CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information Security practices . Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate 's facilities , systems , procedures , and records , at Covered Entity 's expense, if Covered Entity determines that examination is necessary to certify that Business Associate 's Information Security safeguards comply with the HIPAA Rules or this Agreement. 10. AMENDMENT a . Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments . 1. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIP AA, the HIP AA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. 11. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain Page 7of10 HIPAABAA Revised August 2018 March 3, 2020 - Page 80 of 359 Exhibit D written assurance satisfactory to Covered Entity from Business Associate's Subcontractors and agents that they shall adequately safeguard all PHI. 111. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terms of an amendment to the Contract embodying written assurances consistent with the standards and requirements ofHIPAA, the HIPAA Rules , or other applicable rules . 1v. Covered Entity may terminate this Agreement upon 30 days ' prior written notice in the event that: A. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity 's sole discretion , to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. b . Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties , without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix . 11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors , officers, or employees , based on a claimed violation by Business Associate of HIP AA, the HIP AA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity , Business Associate shall , and shall cause its employees , Subcontractors , or agents assisting Business Associate in the performance of its obligations under the Contract to , assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall , and shall cause its employees, Subcontractor's and agents to , provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees , Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12. INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIP AA Rules . In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous , separately executed HIP AA business associate agreement between the Parties. 13. SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Page 8 oflO HIPAABAA Revised August 2018 March 3, 2020 - Page 81 of 359 Exhibit D APPENDIX TO IDP AA BUSINESS ASSOCIATE AGREEMENT This Appendix ("Appendix ") to the HIP AA Business Associate Agreement ("Agreement") is s an appendix to the Contract an d the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract , the Agreement, and this Appendix , all references to "Contract" or "Agreement" shall include this Appendix. 1. PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub-section of this Appendix marked as "Reserved " shall be construed as setting forth no additiona l terms . 2 . ADDITIONAL TERMS a. Additiona l Permitted Uses. In addition to those purposes set forth m the Agreement , Business Associate may use PHI for the following additional purposes: 1. Reserved. b . Additional Permitted Disclosures . In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: 1. Reserved . c. Aooroved Subcontractors . Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: 1. Subcontractors with Patient Consent. d . Definition of Receipt of PHI. Business Associate 's receipt of PHI under this Contract shall be deemed to occur, and Business Associate 's ob li gations under the Agreement sha ll commence, as follows : 1. Reserved . e . Additional Restrictions on Business Associate. Business Associate agrees to comp ly with the fo ll owing additiona l restriction s on Business Associate's use and disclosure of PHI under the Contract: 1. Covered Entity is a Business Associate of certain other Covered Entities and , pursuant to such ob li gations of Covered Entity, Associate sha ll comp ly with the following restrictions on the use and disclosure of Protected Information: 11. The Associate: Page 9of 10 HIPAA BAA Revised August 2018 March 3, 2020 - Page 82 of 359 Exhibit D A. Acknowledges this agreement qualifies as a Qualified Service Organization Addendum as the agreement is between a Substance Abuse Program ("Program") and a Qualified Service Organization as defined by 42 C.F.R. Part 2. B. Acknowledges that in receiving , transmitting, transporting, storing, processing or otherwise dealing with any information received from the Program identifying or otherwise relating to the patient in the Program ("protected information"), it is fully bound by the provisions of the federal regulations governing the Confidentiality of Substance Use Disorder Abuse Patient Records , 42 C.F.R. Part 2 . Protected information encompasses protected health information ("PHI ") and references to PHI shall be understood to include protected information . C . Agrees to resist any efforts in judicial proceeding to obtain access to the protected information except as expressly provided for in the regulations governing the Confidentiality of Substance Use Disorder patient Records , 42 C.F.R. Part 2 . D. Agrees that if the Associate enters into a contract with any agent or subcontractor, the agent or subcontractor will agree to comply with 42 C.F.R Part 2. E . Agrees to ensure that any agent or subcontractor to whom the Associate provides protected information received from the Program, or creates or receives on behalf of the Program, agrees to the same restrictions and conditions that apply through this agreement to the Associate with respect to such information. F. Agrees that redisclosme of protected information is prohibited unless permitted by 42 C.F.R. Part 2. f. Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement: 1. Reserved. Page 10of10 HIPAABAA Revised August 2018 March 3, 2020 - Page 83 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Resolution No. 9, S eries of 2020 , A Resolution A pproving an A mended Operating P lan and Budget of the Vail L ocal Marketing District for its F iscal Year J anuary 1, 2020 T hrough December 31, 2020. AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approved with amendments or deny Resolution No. 9, Series of 2020. B AC K G RO UND: See attached memo. S TAF F RE C O M M E ND AT I O N: Approve, approved with amendments or deny R esolution No. 9, S eries of 2020. AT TAC H ME N TS : Description V L MD 1st S upplemental 2020 March 3, 2020 - Page 84 of 359 To: From: Date: Subject: Town Council Vail Local Marketing District March 3, 2020 Vail Local Marketing District 2020 First Supplemental Budget Request I.BACKGROUND This memo serves to outline the Vail Local Marketing Districts first supplemental funding request for 2020. The request is comprised of items that have been identified following the Town Council’s 2020 budget approval. This supplemental includes a request to re- appropriate $72,000 of 2019 budgeted expenditures for DiscoverVail.com due to timing. The Vail Local Marketing District Advisory Council is also requesting additional funding of $115,000 for new initiatives for the DiscoverVail.com website, branding and data capture, and additional assets that support the VLMDAC’s goals. II.BUDGET DETAIL The attached spreadsheet includes a detail of the new funding requests grouped into three areas: Website/Social and Data capture, Video and Digital, and Contingency. A.Website/Social and Data Capture Includes social strategy development, creation of new social channels, social engagement, outreach, calendar and scheduling. Also includes efforts to capture customer data; WiFi gating, activation at events and MailChimp email marketing. BookDirect will be engaged as the lodging booking platform for the website. March 3, 2020 - Page 85 of 359 Town of Vail Page 2 B. Video and Digital Updating video (air marketing plus each target audience, events and brand) and digital assets to include DiscoverVail.com which was secured following production of the videos. Also includes updates as needed following Vail Resorts pending approval of the use of the Vail “V” and Like Nothing on Earth tagline. C. Contingency Given the iterative nature of the new work around DiscoverVail.com, data capture and digital marketing, the board recommends that a contingency of $20,000 be set aside to address future needs related to DiscoverVail.com. III. ACTION REQUESTED OF VAIL LOCAL MARKETING DISTRICT Vail Local Marketing District Advisory Council requests that the Vail Local Marketing District consider the presentation and approve to supplemental a total of $187,000. This includes $115,000 for the new initiatives reflected above and a re-appropriation of $72,000. The 2020 amended fund balance is projected to be $1,251,607, or 35% of annual revenues and within Council’s 25% directive of annual revenues. March 3, 2020 - Page 86 of 359 P / 1 VAIL LOCAL MARKETING DISTRICT/ SUPPLEMENTAL FUNDS REQUEST MEMO TO: VAIL LOCAL MARKETING DISTRICT FROM: VAIL LOCAL MARKETING DISTRICT ADVISORY COUNCIL DATE: MARCH 3, 2020 SUBJECT: VAIL LOCAL MARKETING DISTRICT | SUPPLEMENTAL REQUEST This memo serves to outline supplemental funding requests that have been identified after the Town Council’s annual budget approval. These additions reflect a right-sizing of the budget to accommodate needs due to new initiatives such as data capture and the DiscoverVail.com website, plus additional assets that support the VLMDAC’s goals. WEBSITE, SOCIAL AND DATA CAPTURE $75,191 Social Channel Strategy and Development: $10,850 In past the VLMD had relied on Vail Mountain's social channels including Facebook, Instagram and Twitter. With DiscoverVail.com, we are creating our own all new social channels for our marketing efforts in order to raise awareness of DiscoverVail.com and to complement existing marketing efforts. Event Activation: $3,790 One-time expense to cover purchase of 10x10’ tent activation materials for events, including Burton US Open, GoPro Mountain Games, etc. Trip Giveaway Sweepstakes: $6,000 The giveaway objective is to collect guest data and bring awareness to DiscoverVail.com ▪ One Vail Summer trip for two given away this spring. Giveaway will be promoted at Burton US Open, Spring Back to Vail, Powabunga. Air, ground, lodging and activities. March 3, 2020 - Page 87 of 359 P / 2 VAIL LOCAL MARKETING DISTRICT/ SUPPLEMENTAL FUNDS REQUEST MEMO ▪ One Vail Fall trip for two to Vail given away this Summer. Giveaway will be promoted at GoPro Mountain Games. Air, ground, lodging and activities. Wifi Gating: $18,700 Vail Free Wifi: Aislelab WiFi Gating and Heat Mapping licensing will enable VLMD to collect guest data and understand guest movement. MailChimp Email Subscription: $3,000 This subscription will allow email data to be pulled in from SalesForce to deploy emails through the MailChimp email marketing platform. Mountain Travel Symposium 2021: $3,841 The Mountain Travel Symposium will be held in Vail in 2021. In April 2020, Mayor Chapin will be helping announce the next site ad Squaw Valley, California. Expense covers a Vail promo video including summer in Vail and guest gifts for Farewell Party at Squaw: DiscoverVail.com branded picnic blankets. Lodging Booking Platform: $24,010 Booking platform for new DIscoverVail.com website using Book Direct. This includes the one time set up fee $3,010 and yearly contract $21,000. Vail.com / DiscoverVail.com Content Entry and ongoing Audit: $5,000 Contract labor for initial content entry and six months of audit of website content. VIDEO AND DIGITAL $34,809 Air Marketing Videos: $4,435 Six air marketing videos including versions for the new Chicago non-stop. March 3, 2020 - Page 88 of 359 P / 3 VAIL LOCAL MARKETING DISTRICT/ SUPPLEMENTAL FUNDS REQUEST MEMO ▪ Edit for 6 total spots (:15 and :30 for Dallas, :15 and :30 for Houston, :15 and :30 for Chicago) with new end cards with DiscoverVail.com URL ▪ Voice Over recording session and studio time ▪ Voice Over talent, broadcast and online use fee for one year (3/2020-2/2021) Event Videos: $6,250 Thirteen event videos including six :15 Culinary, 3x :15 Outdoor, 3x :15 Culture and one Oktoberfest with new end cards with DiscoverVail.com URL. Includes editing of end cards and updated voiceover. Brand Video: $7,398 Additional production costs for the :60, :30 and :15 Find What Moves You Brand spot. Includes talent, licensing and editing costs. Boomer Videos: $3,288 3x Boomer videos including :15 Early Season, and :15 and :30 Fall with new end cards with DiscoverVail.com URL. Includes end card edit and updated voiceover licensing and editing. Active Professional Video: $2,563 New :15 Active Professional spot. Includes voiceover talent, recording, and licensing. Campaign Layout Edits: $7,875 Updates to voiceover and layouts to accommodate the pending Vail Mountain approval of brand creative treatment. Includes voiceover, recording, studio time and edits for 20 videos. B-roll Video: $3,000 Development of a 4- minutes B-Roll asset featuring new campaign creative, B-roll is available at no additional cost to community wide partners/media/events, etc. March 3, 2020 - Page 89 of 359 P / 4 VAIL LOCAL MARKETING DISTRICT/ SUPPLEMENTAL FUNDS REQUEST MEMO SUB TOTAL $110,000 Contingency $20,000 Cactus reallocation of media funds toward other expenses ($15,000) TOTAL SUPPLEMENTAL REQUEST $ 115,000 March 3, 2020 - Page 90 of 359 2019 Actual (Unaudited) 2020 Budget 1st Supplemental 2020 Amended Budget Income Lodging Tax 3,706,237 3,590,000 3,590,000 Interest Income 2,631 2,000 2,000 Total Income 3,708,868 3,592,000 - 3,592,000 Expense Destination 1,252,694 1,014,512 (15,000) 999,512 International 144,308 205,000 205,000 Front Range 279,618 223,000 223,000 Groups and Meetings 597,075 680,738 680,738 Public Relations Expenses 87,764 92,500 92,500 Content/Influencer Strategy 66,746 83,750 10,850 94,600 Photography / Video 221,477 218,000 25,014 243,014 Research 158,078 85,000 85,000 Web Site 77,272 17,000 17,000 Admin Miscellaneous 15,615 8,000 8,000 Email Marketing 5,850 - 0 Branding 77,200 249,500 249,500 Professional Fees Database Warehousing and Research 243,586 112,500 72,000 184,500 Discover Vail professional Fees 60,295 60,295 Website Marketing - - 10,000 Vail App - 10,000 10,000 Legal and Accounting 25,000 25,000 25,000 Contingency - 50,000 20,000 70,000 Advertising 48,630 86,000 86,000 Advertising Agent Fees 60,300 62,000 62,000 Marketing Coordination-TOV 91,000 95,000 95,000 Marketing Coordination-VVP 40,000 40,000 40,000 Professional Fees - MYPR 117,500 117,500 117,500 Total Professional Fees 626,016 598,000 162,295 750,295 Special Event Funding Special Event Funding 8,000 - 3,841 3,841 Event Liaison 25,000 25,000 25,000 Total Special Events 33,000 25,000 3,841 28,841 Total Expense 3,642,714 3,500,000 187,000 3,677,000 Revenue over (Under) Expenditures 66,154 92,000 (187,000) (85,000) Beginning Fund Balance 1,270,453 962,453 1,336,607 Ending Fund Balance 1,336,607 1,054,453 1,251,607 Fund Balance (25% required) 36% 29% 35% SUMMARY OF REVENUE EXPENDITURES AND CHANGES IN FUND BALANCE VAIL LOCAL MARKETING DISTRICT 2020 AMENDED BUDGET March 3, 2020 - Page 91 of 359 Resolution No. 9, Series of 2020 RESOLUTION NO. 9 SERIES OF 2020 A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2020 THROUGH DECEMBER 31, 2020 WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the operating plan the Vail Local Marketing District (the “VLMD”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the amended budget of the VLMD for marketing related expenditures beginning on the first day of January, 2020, and ending on the 31st day of December, 2020. 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 3rd day of March, 2020. ___________________________________ Dave Chapin, Town Mayor Attested: _________________________ Tammy Nagel, Town Clerk March 3, 2020 - Page 92 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : S unbird Park F ountain Repair P roject Construction C ontract Award AC T IO N RE Q UE S T E D O F C O UNC IL : T he purpose of this item is to request the Town Council to direct the Town Manager to enter into a construction contract with I con, I nc. in an amount not to exceed $123,900.00 for the S unbird Park F ountain Repair P roject. B AC K G RO UND: Bids for the S unbird P ark F ountain Repair P roject were received on F ebruary 13, 2020 with 1 bidder responding. The bid submitted by I con, I nc. is a responsible bid and is within the available allocation within the 2020 R eal E state Transfer Tax budget. S TAF F RE C O M M E ND AT I O N: Town S taf f recommends the Town Council direct the Town Manager to enter into a construction contract with I con, I nc. in the amount of $123,900.00 for the construction of the Sunbird P ark Fountain R epair Project. AT TAC H ME N TS : Description Memorndum March 3, 2020 - Page 93 of 359 To: Vail Town Council From: Department of Public Works Date: March 3, 2020 Subject: Request to Award Construction Contract for Sunbird Park Fountain Repair Project. I. ITEM/TOPIC Sunbird Park Fountain Repair Project Construction Contract Award II. ACTION RQUESTED OF COUNCIL The purpose of this item is to request the Town Council to direct the Town Manager to enter into a construction contract with Icon, Inc. in an amount not to exceed $123,900.00 for the Sunbird Park Fountain Repair Project. IV. BACKGROUND Bids for the Sunbird Park Fountain Repair Project were received on February 13, 2020 with 1 bidder responding. The bid submitted by Icon, Inc. is a responsible bid and is within the available allocation within the 2020 Real Estate Transfer Tax budget. IV. STAFF RECOMMENDATION Town Staff recommends the Town Council direct the Town Manager to enter into a construction contract with Icon, Inc. in the amount of $123,900.00 for the construction of the Sunbird Park Fountain Repair Project. March 3, 2020 - Page 94 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : P rofessional S ervices A greement with Vail Daily B AC K G RO UND: T he Town of Vail 2020 operating budget provides f or print and digital advertising in publications produced by C olorado Mountain News Media across all departments. T his budgeting process provides the foundation to establish advertising rates f or 2020 as described in a partnership agreement with Colorado Mountain News Media. T he agreement is f or up to $105,000 to be spent across all departments which is over 50% off community rates. I n accordance with town policy, the Town Council must authorize the Town Manager or its designee to enter into agreements above $50,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into the Prof essional S erivce Agreement with Vail Daily in a form approved by the Town A ttorney not to exceed $105,000. AT TAC H ME N TS : Description Professional Service Agreement with Vail D aily March 3, 2020 - Page 95 of 359 1 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 3rd day of March, 2020, by and between the Town of Vail, 75 South Frontage Road , Vail, Colorado 81657, a Colorado municipal corporation (the "Town"), and Vail Daily , an independent contractor with a principal place of business at 40780 U.S. Highway 6, Avon, Colorado 81620 ("Contractor") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held it self out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A , attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement . If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 7 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set -off available at law and equity. III. COMPENSATION A . In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $105,000. This maximum amount shall include all fees, costs and expenses incurred by Contractor, and no a dditional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. March 3, 2020 - Page 96 of 359 2 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC B. Notwithstanding the maximum amount specified in this Section, Contract or shall be paid only for work performed. If Contractor completes the Scope of Services for less than the maximum amount, Contractor shall be paid the lesser amount, not the maximum amount. IV. PROFESSIONAL RESPONSIBILITY A . Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. Th e Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. D. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such w ork, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such w ork without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A . Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below , with forms and insurers acceptable to the Town. March 3, 2020 - Page 97 of 359 3 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC 1. Worker's Compensation insurance as required by law . 2. Commercial G eneral Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $1,000,000 general aggregate. C. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods sh all be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. D. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement . VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bo dily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of neg ligence or fault attributable t o Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwi se resolved by mutual agreement between the Parties, as provided by C.R.S. § 13 -50.5-102(8)(c). March 3, 2020 - Page 98 of 359 4 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC IX . ILLEGAL ALIENS A . Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E - Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement . B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement . C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E -Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement , Contractor shall: notify the subcontractor and the Town within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement ; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 here of, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement ; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement . D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Depart ment of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8 -17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement . E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit " attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit " at tached hereto. March 3, 2020 - Page 99 of 359 5 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlaw ful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment . Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, t he monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated , and shall not constitute a mandatory charge, requirement , debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Part ies have executed this Agreement on the date first set forth above. March 3, 2020 - Page 100 of 359 6 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC TOWN OF VAIL, COLORADO ____________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk APPROVED AS TO FORM: __________________________________ J. Mat thew Mire, Town Attorney CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2020vail, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ____________________________________ Notary Public March 3, 2020 - Page 101 of 359 7 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: • Contractor shall • Contractor shall • Contractor shall Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: • March 3, 2020 - Page 102 of 359 8 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outli ned in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: ▪ A valid Colorado driver's license or a Colorado identification card ; ▪ A United States military card or a military dependent's identification card; ▪ A United States Coast Guard Merchant Mariner card; ▪ A Native American tribal document; ▪ In the case of a resident of another state, the driver’s license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or ▪ Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ ___________________________ Signature Date March 3, 2020 - Page 103 of 359 9 2/27/2020 C:\USERS \TNAGEL\APPDATA \LOCAL\MICROSOFT\WINDOWS \INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PROFESSIONAL SERVICES AGREEMENT TOV-VAILDAILY.DOC DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perf orm work under this public contract for services ("Agreement") with the Town within twenty (20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibilit y and identity of newly hired employees who perform work under this Agreement ; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement . ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2015, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ___________________________________ Notary Public March 3, 2020 - Page 104 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Taste of Vail F unding A greement B AC K G RO UND: T he Commission of S pecial E vents granted funding in 2020 to the event producer Taste of Vail in the amount of $55,000 for the Taste of Vail S pring Event in April. I t is Vail Town policy that the Town C ouncil has to authorize the Town Manger to enter into agreements above $50,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an a f unding agreement in a form approved by the Town A ttorney, with event producer Taste of Vail in an amount not to exceed $55,000. AT TAC H ME N TS : Description Taste of Vail Funding Agreement March 3, 2020 - Page 105 of 359 1 2/25/2020 2020 CSE Funding Agreement AGREEMENT FOR FUNDING CONTRIBUTION THIS AGREEMENT FOR FUNDING CONTRIBUTION (the "Agreement") is made and entered into this 26 day of February, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), and The Taste of Vail, an independent contractor with a principal place of business at PO Box 5663, Vail, CO 81657, ("Recipient") (each a "Party" and collectively the "Parties"). WHEREAS, the Town encourages and supports community events, because such events promote the public health, safety and welfare; WHEREAS, Recipient is producing an event in the Town on or about April 1, 2020,; WHEREAS, the Town's Commission on Special Events (the "CSE") has agreed to provide funding to Recipient to assist in the Taste of Vail event (the "Event"); WHEREAS, the Event has been designated by the Town as a Cultural, Recreation and Community Event; and WHEREAS, in exchange for Town funding, Recipient is willing to comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. RECIPIENT'S DUTIES A. Recipient shall plan, organize, promote and carry out the Event as described in Event Description set forth in Exhibit A and in Event Budget set forth in Exhibit D, attached hereto and incorporated herein by this reference. B. At least 30 days prior to the start of the Event, Recipient shall complete and submit all permits that may be required for the Event by use of the Town special event permits website: www.vailpermits.com. All such applications shall be submitted under the name of Recipient. C. Recipient shall comply with all applicable regulations pertaining to the production of special events in the Town, including without limitation: the special event permit application; the Town Logo Standards, Vail Mountain Brand and Logo Guidelines, found at http://bit.ly/2hnGZ8f; and the Town's marketing checklist, attached hereto as March 3, 2020 - Page 106 of 359 2 2/25/2020 2020 CSE Funding Agreement Exhibit B and incorporated herein by this reference. D. If required by the CSE Recipient shall allow the Town to perform market research and attendee surveys during or after the Event by an independent, third-party economic impact research firm hired by the Town. Further, Recipient shall share attendee contact information with the research firm, or send a web survey link provided by said firm to its participant/ticket sales database as directed by the Town. The Town shall share survey data and analysis with Recipient for its use and inclusion in the post- event report. E. Recipient shall schedule and complete a post-event report and meeting with the CSE within 60 days following the close of the Event. Recipient shall include in its report any non-confidential data from the Event it deems relevant to the Town's review and assessment of the Event. The Town will provide a PowerPoint template for Recipient's use in preparing the report, and the finished PowerPoint shall be submitted to the Town a minimum of 7 days prior to the date scheduled for the post-event meeting. F. Following the event, Recipient agrees to e-mail Event attendees and, in such e-mail, provide a link and invitation to connect with the Town's marketing website. G. Prior to the final payment being issued, recipient shall provide the Town Finance Director with actual results from the event including all sources of revenue and event expenditures according to the attached form provided by the Town (Exhibit D). Supporting records may be requested by the town. H. The Town shall be entitled to complimentary advertising, photography, and other exposure as part of any of the promotional or informational material Recipient causes to be prepared for the Event. I. Recipient shall ensure that all lodging marketing and lodging inquiries relating to the Event are directed to properties within the Town whenever reasonably possible. J. The Town may download video or photographs of the Event for promotional or editorial purposes (the "Event Media") at no charge, as follows: 1. As part of Recipient's post-event report, Recipient shall provide the Town with a link for the download location for the Event Media. 2. Recipient hereby transfers, sells, and assigns to the Town all of its right, title, and interest in the Event Media. The Town may, with respect to all or any portion of the Event Media, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change the Event Media without providing notice to or receiving consent from Recipient. II. If applicable, any additional sponsor benefits required to be provided by March 3, 2020 - Page 107 of 359 3 2/25/2020 2020 CSE Funding Agreement Recipient to the Town pursuant to this Agreement shall be set forth in Exhibit C, attached hereto and incorporated herein by this reference. III. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Recipient completes the Event and all responsibilities imposed by this Agreement unless sooner terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. If Recipient terminates this Agreement prior to Recipient's completion of the Event, Recipient shall refund all portions of the Total Contribution already paid. If the Town terminates this Agreement due to Recipient's breach of this Agreement, the Town is not obligated to make any additional payments and may seek repayment by Recipient of any portion of the Total Contribution already paid. IV. CONTRIBUTION A. If Recipient satisfies the conditions of this Agreement, the Town will pay Recipient $55,000 (the "Total Contribution") in three payments, as set forth below. 1. Payment One: 33% of the Total Contribution ($18,333), payable upon: Recipient executing this Agreement with a completed and signed marketing checklist, and Recipient's completion and submittal of the Sponsor Benefits, and Recipient’s invoice number one. 2. Payment Two: 33% of the Total Contribution ($18,333), payable after submittal of a complete special event permit application and the Town's verification of the marketing checklist and invoice number two. 3. Payment Three: 34% of the Total Contribution ($18,334), following the presentation of a post-event report in compliance with this Agreement and following approval by the CSE affirming that all requested information has been provided and that Recipient and the Event have met all conditions for funding and has submitted invoice number three. Payment Three may be reduced or eliminated by the CSE or Town Council if Recipient's post-event report does not include all required information or if Recipient has failed to meet all conditions of this Agreement. B. Recipient expressly acknowledges that the Total Contribution may be reduced if Recipient fails to produce satisfactory evidence that Recipient has fully complied with all conditions of this Agreement and all other applicable conditions of the permit. Recipient further acknowledges that the Total Contribution may be reduced by the Town as compensation for any outstanding debt Recipient owes the Town including without limitation unpaid contracts for service or unpaid taxes. March 3, 2020 - Page 108 of 359 4 2/25/2020 2020 CSE Funding Agreement V. RESPONSIBILITY A. Recipient hereby warrants that it is qualified to assume the responsibilities to carry out the Event and has all requisite corporate authority and licenses in good standing, required by law. The Event shall comply with all applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any portion of the Event shall not be construed to operate as a waiver of any rights under this Agreement or as a waiver of any cause of action arising out of the performance of this Agreement. C. Recipient may employ subcontractors to plan, organize, promote or carry out all or portions of the Event, provided that Recipient shall ensure that all such subcontractors comply with the terms and conditions of this Agreement. VI. INDEPENDENT CONTRACTOR Recipient is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Recipient to perform work on the Event under the terms of this Agreement shall be, and remain at all times, employees or agents of Recipient for all purposes. Recipient shall make no representation that it is a Town employee for any purpose. VII. INSURANCE A. Recipient agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations of or related to the Event. At a minimum, Recipient shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $2,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, March 3, 2020 - Page 109 of 359 5 2/25/2020 2020 CSE Funding Agreement terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Recipient. Recipient shall be solely responsible for any deductible losses under any policy. C. Recipient shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Recipient agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Event or this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Recipient, any subcontractor of Recipient, or any officer, employee, representative, or agent of Recipient, or which arise out of a worker's compensation claim of any employee of Recipient or of any employee of any subcontractor of Recipient. IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Recipient hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Recipient will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Recipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Recipient has employees, Recipient has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. March 3, 2020 - Page 110 of 359 6 2/25/2020 2020 CSE Funding Agreement 2. Recipient shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Recipient shall: notify the subcontractor and the Town within 3 days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Recipient shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Recipient is complying with the terms of this Agreement. E. Affidavits. If Recipient does not have employees, Recipient shall sign the "No Employee Affidavit" attached hereto. If Recipient wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Recipient shall sign the "Department Program Affidavit" attached hereto. X. FORCE MAJEURE; WEATHER A. If performance or completion of the Event is rendered impossible by an act or regulation of any public authority, an act of God, strike, civil tumult, war, or interruptions of transportation services, or any other proven cause beyond Recipient's control other than inclement weather, it is understood and agreed to by Recipient and the Town that there shall be no claim for damages by either Party and all monies advanced to Recipient will be returned to the Town. B. The Town shall determine in its sole discretion if the Event should be cancelled due to inclement weather. If the Event is cancelled prior to its commencement due to inclement weather and Recipient is present and able to perform, or if the Event begins and is subsequently cancelled by the Town due solely to inclement weather, Recipient shall be deemed to have complied with this Agreement. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be March 3, 2020 - Page 111 of 359 7 2/25/2020 2020 CSE Funding Agreement brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20, of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. March 3, 2020 - Page 112 of 359 8 2/25/2020 2020 CSE Funding Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO Scott Robson, Town Manager ATTEST: Tammy Nagel, Town Clerk RECIPIENT By: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2020, by as of . My commission expires: (S E A L) Notary Public March 3, 2020 - Page 113 of 359 9 2/25/2020 2020 CSE Funding Agreement EXHIBIT A EVENT DESCRIPTION The Taste of Vail's Goal is to enhance Vail's image, position, and reputation as a world class resort with a serious commitment to fine food and to promote recognitions of the Vail culinary lifestyle. We aim to bring guests to town to stay in Vail lodging, frequent Vail businesses, and enjoy meals created by Vail chefs. For the past 30 years, The Taste of Vail has been a premier food and wine tasting festival introducing and educating visitors and locals to the delights of fine food and wine. The festival is comprised of a variety of events in locations throughout Vail. The 2020 Taste of Vail will kick-off with the popular Debut of Rosé featuring the latest rosé releases from various wineries. The next day will feature the Lamb Après Tasting sponsored by the American Lamb Board. Day three features the unique Mountain Top Tasting and the festival will culminate with the Grand Tasting highlighting Vail's best of the best restaurants. Interspersed throughout the week's events will be private parties, wine and food seminars, gallery walks, and a Vail Parade of Homes. There will be also be brunches throughout Vail on Sunday August 6th. March 3, 2020 - Page 114 of 359 10 2/25/2020 2020 CSE Funding Agreement EXHIBIT B MARKETING CHECKLIST Recipient agrees to the placement of the Town logo on marketing and promotional materials it produces or causes to be produced for the Event as appropriate to the Town's level of sponsorship. Recipient shall complete the checklist and upload here: https://webportalapp.com/sp/home/2020events. Recipient also agrees to the following provisions: • Town approval is required for all Event marketing materials for publication regardless of medium. • Town approval is required for any proofs that include the Town or Vail Mountain logo. • Items requiring Town approval must be submitted to the Town a minimum of 14 days prior to publication. • The Town may reduce its Total Contribution for marketing items that Recipient fails to submit properly and in a timely manner. • Recipient shall use the Town logo and shall make Town social media mentions and hashtags wherever reasonably possible. In doing so, Recipient shall comply with the Town's exact usage guidelines. March 3, 2020 - Page 115 of 359 11 2/25/2020 2020 CSE Funding Agreement EXHIBIT C SPONSOR BENEFITS FORM The following additional benefits are due to the Town of Vail in consideration of the event funding: • Top tier logo placement on all print and digital media and prominent placement on the website. • Logo inclusion in all email communications sent to the event database. • Tagging of Town of Vail social media accounts in a minimum of 10 event posts. • Option for 10x10 activation space at Lamb Cookoff with notice by March 8th • 1 Full page ad in the Taste of Vail App 1024 x 1024 • Logo inclusion on stage signage commensurate with sponsorship level • A minimum of 4 PA mentions per event. • 16 Sponsor Passes $449.00 = $7,184.00 • 200 individual lamb tickets x $6 = $1,200.00 • 14 Debut of Rosé tickets x $65.00 = $910 • 18 gift bags 65 price of item = $1170 March 3, 2020 - Page 116 of 359 12 2/25/2020 2020 CSE Funding Agreement EXHIBIT D Event/Program Budget for [Event Name]EXHIBIT D Estimated A Total Expenses $0.00 $ Site/Location/Operations Estimated Actual Food & Beverage Estimated Actual Rental fees $0.00 Cost of Goods - Beverage $0.00 Insurance $0.00 Cost of Goods - Food $0.00 Sound/AV $0.00 Disposables/service ware $0.00 Event Infrastructure/Construction/Equipm $0.00 <insert Other>$0.00 Trash/Composting $0.00 <insert Other>$0.00 Utilities $0.00 Total $0.00 $ Labor (Internal Staff)$0.00 Contract Labor $0.00 Program/Lodging Estimated Actual Security/Police/Medical $0.00 Entertainment / Talent $0.00 Traffic Control $0.00 Speakers $0.00 Banners - Printing & Signage $0.00 Travel $0.00 Signage $0.00 Lodging $0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $ Total $0.00 $0.00 Prizes Estimated Actual Marketing Estimated Actual Prizes $0.00 Advertising - Radio $0.00 Cash Purse $0.00 Advertising - Print $0.00 Total $0.00 $ Advertising - Social Media $0.00 Public Relations $0.00 Sponsorship Estimated Actual Sales Team Expenses $0.00 Sponsorship Fullfillment $0.00 Media TV, Production & Distribution $0.00 Traded Gifts $0.00 Graphic Design $0.00 Traded Goods $0.00 Website $0.00 Traded Lodging $0.00 Collateral Materials $0.00 Traded Marketing $0.00 Printing $0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $ <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 Administration Estimated Actual Telephone/Internet $0.00 Photography $0.00 Transportation $0.00 Permit Fees $0.00 Postage/Shipping $0.00 In Kind Trades $0.00 Supplies-Office or Other $0.00 Demographic Survey $0.00 Sales Tax $0.00 Miscellaneous Supplies $0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 > Expenses March 3, 2020 - Page 117 of 359 Estimated Actual Total Income $0.00 $0.00 Tickets/Admissions Estimated Actual Estimated Actual 0 Adults @ $5.00 $0.00 0 Children @ $2.00 $0.00 0 Other @ $1.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Programs/Advertising Estimated Actual Estimated Actual 0 Covers @ $0.00 $0.00 0 Half-pages @ $0.00 $0.00 0 Quarter-pages @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Exhibitors/vendors Estimated Actual Estimated Actual 0 Large booths @ $0.00 $0.00 0 Med. booths @ $0.00 $0.00 Small booths @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Revenue from other items Estimated Actual Estimated Actual 0 Cash Sponsorships @ $0.00 $0.00 0 In Kind Sponsorships @ $0.00 $0.00 0 Donations @ $0.00 $0.00 0 TOV Funding @ $0.00 $0.00 0 Grants @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Event/Program Budget for [Event Name] > Income March 3, 2020 - Page 118 of 359 Estimated Actual Total income $0.00 $0.00 Total expenses $0.00 $0.00 Total profit (or loss)$0.00 $0.00 Event/Program Budget for [Event Name] > Profit - Loss Summary $0.00 $0.10 $0.20 $0.30 $0.40 $0.50 $0.60 $0.70 $0.80 $0.90 $1.00 Estimated Actual Total income Total expenses March 3, 2020 - Page 119 of 359 13 2/25/2020 2020 CSE Funding Agreement NO EMPLOYEE AFFIDAVIT [To be completed only if Recipient has no employees] 1. Check and complete one: I, , am a sole proprietor doing business as . I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, , am the sole owner/member/shareholder of , a [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Recipient’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Recipient must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. Signature Date March 3, 2020 - Page 120 of 359 14 2/25/2020 2020 CSE Funding Agreement DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Recipient participates in the Department of Labor Lawful Presence Verification Program] I, , as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C.§ 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2018, by as of . My commission expires: (S E A L) Notary Public March 3, 2020 - Page 121 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : S ervices Agreement with I ntercept I nsight f or 2020 S pecial Event Surveys. B AC K G RO UND: C S E and staf f have selected the service provider for the 2020 Special E vent S urveys to be collected at selected 2020 events. T he contract amount is $53,328. I t is Vail Town policy that the Town C ouncil has to authorize the Town Manager to enter into agreements over $50,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into a service agreement on a form approved by the Town A ttorney, with I ntercept I nsight in an amount not to exceed $53,328. AT TAC H ME N TS : Description 2020 Event S urvey G S A 02-26-2020 March 3, 2020 - Page 122 of 359 1 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX AGREEMENT FOR SERVICES THIS AGREEMENT FOR SERVICES (the "Agreement") is made and entered into this 1st day of March, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 80657, a Colorado home rule municipal corporation (the "Town"), and Intercept Insight, LLC, a Colorado limited liability company with a principal place of business at P.O. Box 2078, Avon, CO 81620 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or detailed from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the reasonable satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and substantially completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $53,328 so long as the Scope of Services is completed to the March 3, 2020 - Page 123 of 359 2 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX reasonable satisfaction of the Town. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall be paid on a quarterly basis beginning March 1st, 2020. IV. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. V. OWNERSHIP Except for Contractor’s modeling, calculation methodologies and algorithms, which constitute its proprietary intellectual property and trade secrets, any materials, items, and work product specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under and work product produced pursuant to the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other March 3, 2020 - Page 124 of 359 3 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor, which is not the result of the negligence, willful misconduct or breach of this Agreement by the Town or any representative or agent under its direct control. March 3, 2020 - Page 125 of 359 4 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the March 3, 2020 - Page 126 of 359 5 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the party at the address set forth on the first page of this Agreement. Notice to include email communication, such that an email sent with a read-receipt request that is then also confirmed via return email constitutes written notice and a valid modification under the agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. March 3, 2020 - Page 127 of 359 6 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 20__, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public March 3, 2020 - Page 128 of 359 7 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: Contractor shall be responsible for the following tasks; • Design a survey based on an approved core set of questions, including event specific questions • Program the survey into a survey design software o Qualtrics • Upload the survey onto handheld devices, or into an online survey tool o Smart devices are used for collecting data during in-person intercepts o Qualtrics is used for distributing post-event email surveys • Hire/train local surveyors (as needed for in-person studies) • Design a sample plan for each event (dates, timing, etc.) • Collect a minimum number of surveys to ensure statistical validity o Generally, 100 surveys are to be collected from each event • Download and analyze results using analytical software programs o SPSS o MarketSight o Tableau • Produce a summary report for each event (PDF) • Contractor shall survey certain events on behalf of the town, collecting data on the guest experience of the event, the economic impact of the event and the ROI of the event in relation to the CSE funding. Data collection techniques may include in person intercept surveys, post event email surveys, or a combination thereof. • Intercept Insight will continue to maintain a "master database" of event research data and provide access to such data to town staff through the March 3, 2020 - Page 129 of 359 8 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX Tableau platform. • Intercept Insight will provide a year end report of event research data to the CSE. • The agreed upon list of events to be surveyed is included as Exhibit C. Modifications to the list can be made if agreed to by the Town and Contractor. Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: • Within 30 days of each event Contractor will submit a report of survey results for use by the event promoter and the Town based upon the template included in the proposal and the list below. o Estimated attendance (non-ticketed events/if applicable)  Event awareness  Measurement of overall marketing efforts  Overall satisfaction and event specific attribute satisfaction ratings  Most impactful attributes of the event to the overall satisfaction rating (driver analysis)  Net Promoter Score (quantifying likelihood to recommend)  Spending habits of event attendees (lodging, activities, dining, retail)  Estimated revenue generation and sales tax revenue generated by each event (if applicable)  Demographic and geographic classifications (market segment, state and/or origin, age, income, etc.)  Detailed findings (percentage of guests who came to Vail specifically for each event, accommodation details, nights stayed, intent to return, etc.)  Recommendations (detailed recommendations based on analysis to improve the events overall performance)  Surveyor observations • Access to survey data through the tableau platform • End of year summary report of all surveyed events to the CSE March 3, 2020 - Page 130 of 359 9 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX EXHIBIT B List of events to be surveyed. Subject to change if agreed to by Town and Contractor. Event Name Funding Source Start Date End Date Revely Vail Council 11/20/2020 11/29/2020 MAC Music Series CRC 1/1/2020 4/3/2020 Vail Farmers Market Farm to Table Series CRC 7/10/2020 8/21/2020 Kids Adventure Games CRC 8/5/2020 8/9/2020 Taste of Vail Fall Wine and Food Classic CRC 9/18/2020 9/20/2020 Vail Lacrosse Tournament CRC 6/16/2020 6/18/2020 Vail Craft Beer Classic and Rocky Mountain Burger Battle CRC 6/18/2020 6/21/2020 Vail King of the Mountain Open CRC 6/18/2020 6/21/2020 Vail Summer Bluegrass Series CRC 6/24/2020 7/22/2020 Kick It 3v3 Soccer National Championships CRC 7/31/2020 8/2/2020 Bourbon and Bacon Fest Vail CRC 8/28/2020 8/31/2020 Gourmet on Gore CRC 9/4/2020 9/6/2020 Vail Oktoberfest CRC 9/11/2020 9/20/2020 Vail Outlier Off-road Festival CRC 9/25/2020 9/27/2020 Spring Back To Vail Council 4/11/2020 4/14/2020 Powabunga CRC 4/17/2020 4/19/2020 Vail Pickleball Open CRC 8/12/2020 8/16/2020 Vail Classic Invitational Gymnastics Meet CRC 9/18/2020 9/20/2020 March 3, 2020 - Page 131 of 359 10 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date March 3, 2020 - Page 132 of 359 11 2/25/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/CSE SURVEY RFP/2020 EVENT SURVEY GSA - FINAL.DOCX DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2020, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public March 3, 2020 - Page 133 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Rocky Mountain B urger B attle and Craft Beer Classic F unding A greement B AC K G RO UND: T he Commission of S pecial E vents granted funding in 2020 to the event producer Team P layer P roductions in the amount of $65,000 for the R ocky Mountain Burger B attle and Craft Beer C lassic in J une. I t is Vail Town policy that the Town Council has to authorize the Town Manger to enter into agreements above $50,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an a f unding agreement on a f orm approved by the Town Attorney, with event producer Team P layer P roductions in an amount not to exceed $65,000. AT TAC H ME N TS : Description Burger Battle and C raft Beer Funding Agr eement March 3, 2020 - Page 134 of 359 1 2/25/2020 2020 CSE Funding Agreement AGREEMENT FOR FUNDING CONTRIBUTION THIS AGREEMENT FOR FUNDING CONTRIBUTION (the "Agreement") is made and entered into this 27th day of February, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), and Team Player Productions, an independent contractor with a principal place of business at 3457 Ringsby Ct, Suite 107, Denver, CO 80216, ("Recipient") (each a "Party" and collectively the "Parties"). WHEREAS, the Town encourages and supports community events, because such events promote the public health, safety and welfare; WHEREAS, Recipient is producing an event in the Town on or about June 25-27, 2020,; WHEREAS, the Town's Commission on Special Events (the "CSE") has agreed to provide funding to Recipient to assist in the Rocky Mountain Burger Battle and Vail Craft Beer Classic event (the "Event"); WHEREAS, the Event has been designated by the Town as a Cultural, Recreation and Community Event; and WHEREAS, in exchange for Town funding, Recipient is willing to comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. RECIPIENT'S DUTIES A. Recipient shall plan, organize, promote and carry out the Event as described in Event Description set forth in Exhibit A and in Event Budget set forth in Exhibit D, attached hereto and incorporated herein by this reference. B. At least 30 days prior to the start of the Event, Recipient shall complete and submit all permits that may be required for the Event by use of the Town special event permits website: www.vailpermits.com. All such applications shall be submitted under the name of Recipient. C. Recipient shall comply with all applicable regulations pertaining to the production of special events in the Town, including without limitation: the special event permit application; the Town Logo Standards, Vail Mountain Brand and Logo Guidelines, March 3, 2020 - Page 135 of 359 2 2/25/2020 2020 CSE Funding Agreement found at http://bit.ly/2hnGZ8f; and the Town's marketing checklist, attached hereto as Exhibit B and incorporated herein by this reference. D. If required by the CSE Recipient shall allow the Town to perform market research and attendee surveys during or after the Event by an independent, third-party economic impact research firm hired by the Town. Further, Recipient shall share attendee contact information with the research firm, or send a web survey link provided by said firm to its participant/ticket sales database as directed by the Town. The Town shall share survey data and analysis with Recipient for its use and inclusion in the post- event report. E. Recipient shall schedule and complete a post-event report and meeting with the CSE within 60 days following the close of the Event. Recipient shall include in its report any non-confidential data from the Event it deems relevant to the Town's review and assessment of the Event. The Town will provide a PowerPoint template for Recipient's use in preparing the report, and the finished PowerPoint shall be submitted to the Town a minimum of 7 days prior to the date scheduled for the post-event meeting. F. Following the event, Recipient agrees to e-mail Event attendees and, in such e-mail, provide a link and invitation to connect with the Town's marketing website. G. Prior to the final payment being issued, recipient shall provide the Town Finance Director with actual results from the event including all sources of revenue and event expenditures according to the attached form provided by the Town (Exhibit D). Supporting records may be requested by the town. H. The Town shall be entitled to complimentary advertising, photography, and other exposure as part of any of the promotional or informational material Recipient causes to be prepared for the Event. I. Recipient shall ensure that all lodging marketing and lodging inquiries relating to the Event are directed to properties within the Town whenever reasonably possible. J. The Town may download video or photographs of the Event for promotional or editorial purposes (the "Event Media") at no charge, as follows: 1. As part of Recipient's post-event report, Recipient shall provide the Town with a link for the download location for the Event Media. 2. Recipient hereby transfers, sells, and assigns to the Town all of its right, title, and interest in the Event Media. The Town may, with respect to all or any portion of the Event Media, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change the Event Media without providing notice to or receiving consent from Recipient. March 3, 2020 - Page 136 of 359 3 2/25/2020 2020 CSE Funding Agreement II. If applicable, any additional sponsor benefits required to be provided by Recipient to the Town pursuant to this Agreement shall be set forth in Exhibit C, attached hereto and incorporated herein by this reference. III. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Recipient completes the Event and all responsibilities imposed by this Agreement unless sooner terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. If Recipient terminates this Agreement prior to Recipient's completion of the Event, Recipient shall refund all portions of the Total Contribution already paid. If the Town terminates this Agreement due to Recipient's breach of this Agreement, the Town is not obligated to make any additional payments and may seek repayment by Recipient of any portion of the Total Contribution already paid. IV. CONTRIBUTION A. If Recipient satisfies the conditions of this Agreement, the Town will pay Recipient $65,000 (the "Total Contribution") in three payments, as set forth below. 1. Payment One: 33% of the Total Contribution ($21,450), payable upon: Recipient executing this Agreement with a completed and signed marketing checklist, and Recipient's completion and submittal of the Sponsor Benefits, and Recipient’s invoice number one. 2. Payment Two: 33% of the Total Contribution ($21,450), payable after submittal of a complete special event permit application and the Town's verification of the marketing checklist and invoice number two. 3. Payment Three: 34% of the Total Contribution ($22,100), following the presentation of a post-event report in compliance with this Agreement and following approval by the CSE affirming that all requested information has been provided and that Recipient and the Event have met all conditions for funding and has submitted invoice number three. Payment Three may be reduced or eliminated by the CSE or Town Council if Recipient's post-event report does not include all required information or if Recipient has failed to meet all conditions of this Agreement. B. Recipient expressly acknowledges that the Total Contribution may be reduced if Recipient fails to produce satisfactory evidence that Recipient has fully complied with all conditions of this Agreement and all other applicable conditions of the permit. Recipient further acknowledges that the Total Contribution may be reduced by the Town as compensation for any outstanding debt Recipient owes the Town including without limitation unpaid contracts for service or unpaid taxes. March 3, 2020 - Page 137 of 359 4 2/25/2020 2020 CSE Funding Agreement V. RESPONSIBILITY A. Recipient hereby warrants that it is qualified to assume the responsibilities to carry out the Event and has all requisite corporate authority and licenses in good standing, required by law. The Event shall comply with all applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any portion of the Event shall not be construed to operate as a waiver of any rights under this Agreement or as a waiver of any cause of action arising out of the performance of this Agreement. C. Recipient may employ subcontractors to plan, organize, promote or carry out all or portions of the Event, provided that Recipient shall ensure that all such subcontractors comply with the terms and conditions of this Agreement. VI. INDEPENDENT CONTRACTOR Recipient is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Recipient to perform work on the Event under the terms of this Agreement shall be, and remain at all times, employees or agents of Recipient for all purposes. Recipient shall make no representation that it is a Town employee for any purpose. VII. INSURANCE A. Recipient agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations of or related to the Event. At a minimum, Recipient shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $2,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements March 3, 2020 - Page 138 of 359 5 2/25/2020 2020 CSE Funding Agreement imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Recipient. Recipient shall be solely responsible for any deductible losses under any policy. C. Recipient shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Recipient agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Event or this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Recipient, any subcontractor of Recipient, or any officer, employee, representative, or agent of Recipient, or which arise out of a worker's compensation claim of any employee of Recipient or of any employee of any subcontractor of Recipient. IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Recipient hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Recipient will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Recipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Recipient has employees, Recipient has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. March 3, 2020 - Page 139 of 359 6 2/25/2020 2020 CSE Funding Agreement 2. Recipient shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Recipient shall: notify the subcontractor and the Town within 3 days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Recipient shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Recipient is complying with the terms of this Agreement. E. Affidavits. If Recipient does not have employees, Recipient shall sign the "No Employee Affidavit" attached hereto. If Recipient wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Recipient shall sign the "Department Program Affidavit" attached hereto. X. FORCE MAJEURE; WEATHER A. If performance or completion of the Event is rendered impossible by an act or regulation of any public authority, an act of God, strike, civil tumult, war, or interruptions of transportation services, or any other proven cause beyond Recipient's control other than inclement weather, it is understood and agreed to by Recipient and the Town that there shall be no claim for damages by either Party and all monies advanced to Recipient will be returned to the Town. B. The Town shall determine in its sole discretion if the Event should be cancelled due to inclement weather. If the Event is cancelled prior to its commencement due to inclement weather and Recipient is present and able to perform, or if the Event begins and is subsequently cancelled by the Town due solely to inclement weather, Recipient shall be deemed to have complied with this Agreement. XI. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws March 3, 2020 - Page 140 of 359 7 2/25/2020 2020 CSE Funding Agreement of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20, of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. March 3, 2020 - Page 141 of 359 8 2/25/2020 2020 CSE Funding Agreement IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO Scott Robson, Town Manager ATTEST: Tammy Nagel, Town Clerk RECIPIENT By: STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2020, by as of . My commission expires: (S E A L) Notary Public March 3, 2020 - Page 142 of 359 9 2/25/2020 2020 CSE Funding Agreement EXHIBIT A EVENT DESCRIPTION Thursday June 25 - Rocky Mountain Burger Battle - A statewide competition identifying the best burger in the mountain communities. Restaurants will be hand selected by our statewide burger influencers and invited to compete in Vail to showcase the best of the best burgers, where a panel of judges along with a patron vote, will select the winners. This will be an all ages event and will try to expand to include other types of burgers (Turkey,Impossible,etc) Friday June 26 - Stroll of Vail - A tasting event that takes patrons to various businesses within Vail Village to sample different breweries. We work with local Vail establishments to create a "stroll" through the village were patrons will have a tasting glass and be able to go to various places throughout the town to sample breweries. We have done a similar model at our wine festivals in Breckenridge and Park City and they have been very well received. Sip of The Summit - Our high end beer tasting event at Eagle's Nest. We work with the Colorado Brewers Guild to showcase the best of Colorado breweries. Event includes a full catered dinner. Saturday June 27 - Toast of Vail - The biggest event of the weekend. A large tasting that happens throughout Vail Village. Other activities will include seminars, hikes, and paired lunches. March 3, 2020 - Page 143 of 359 10 2/25/2020 2020 CSE Funding Agreement EXHIBIT B MARKETING CHECKLIST Recipient agrees to the placement of the Town logo on marketing and promotional materials it produces or causes to be produced for the Event as appropriate to the Town's level of sponsorship. Recipient shall complete the checklist and upload here: https://webportalapp.com/sp/home/2020events. Recipient also agrees to the following provisions: • Town approval is required for all Event marketing materials for publication regardless of medium. • Town approval is required for any proofs that include the Town or Vail Mountain logo. • Items requiring Town approval must be submitted to the Town a minimum of 14 days prior to publication. • The Town may reduce its Total Contribution for marketing items that Recipient fails to submit properly and in a timely manner. • Recipient shall use the Town logo and shall make Town social media mentions and hashtags wherever reasonably possible. In doing so, Recipient shall comply with the Town's exact usage guidelines. March 3, 2020 - Page 144 of 359 11 2/25/2020 2020 CSE Funding Agreement EXHIBIT C SPONSOR BENEFITS FORM The following additional benefits are due to the Town of Vail in consideration of the event funding: • Top tier logo placement on all print and digital media and prominent placement on the website. • Logo and link inclusion in all email communications sent to the event database. • Tagging of Town of Vail social media accounts in a minimum of 10 event posts. • Option for 10x10 activation space at all applicable event elements • Logo inclusion on stage signage commensurate with sponsorship level • A minimum of 4 PA mentions per event. • 38 All inclusive VIP Passes with access to all events • 38 sponsor gift bags or swag as produced by the event March 3, 2020 - Page 145 of 359 12 2/25/2020 2020 CSE Funding Agreement EXHIBIT D Event/Program Budget for [Event Name]EXHIBIT D Estimated A Total Expenses $0.00 $ Site/Location/Operations Estimated Actual Food & Beverage Estimated Actual Rental fees $0.00 Cost of Goods - Beverage $0.00 Insurance $0.00 Cost of Goods - Food $0.00 Sound/AV $0.00 Disposables/service ware $0.00 Event Infrastructure/Construction/Equipm $0.00 <insert Other>$0.00 Trash/Composting $0.00 <insert Other>$0.00 Utilities $0.00 Total $0.00 $ Labor (Internal Staff)$0.00 Contract Labor $0.00 Program/Lodging Estimated Actual Security/Police/Medical $0.00 Entertainment / Talent $0.00 Traffic Control $0.00 Speakers $0.00 Banners - Printing & Signage $0.00 Travel $0.00 Signage $0.00 Lodging $0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $ Total $0.00 $0.00 Prizes Estimated Actual Marketing Estimated Actual Prizes $0.00 Advertising - Radio $0.00 Cash Purse $0.00 Advertising - Print $0.00 Total $0.00 $ Advertising - Social Media $0.00 Public Relations $0.00 Sponsorship Estimated Actual Sales Team Expenses $0.00 Sponsorship Fullfillment $0.00 Media TV, Production & Distribution $0.00 Traded Gifts $0.00 Graphic Design $0.00 Traded Goods $0.00 Website $0.00 Traded Lodging $0.00 Collateral Materials $0.00 Traded Marketing $0.00 Printing $0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $ <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 Administration Estimated Actual Telephone/Internet $0.00 Photography $0.00 Transportation $0.00 Permit Fees $0.00 Postage/Shipping $0.00 In Kind Trades $0.00 Supplies-Office or Other $0.00 Demographic Survey $0.00 Sales Tax $0.00 Miscellaneous Supplies $0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 > Expenses March 3, 2020 - Page 146 of 359 Estimated Actual Total Income $0.00 $0.00 Tickets/Admissions Estimated Actual Estimated Actual 0 Adults @ $5.00 $0.00 0 Children @ $2.00 $0.00 0 Other @ $1.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Programs/Advertising Estimated Actual Estimated Actual 0 Covers @ $0.00 $0.00 0 Half-pages @ $0.00 $0.00 0 Quarter-pages @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Exhibitors/vendors Estimated Actual Estimated Actual 0 Large booths @ $0.00 $0.00 0 Med. booths @ $0.00 $0.00 Small booths @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Revenue from other items Estimated Actual Estimated Actual 0 Cash Sponsorships @ $0.00 $0.00 0 In Kind Sponsorships @ $0.00 $0.00 0 Donations @ $0.00 $0.00 0 TOV Funding @ $0.00 $0.00 0 Grants @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Event/Program Budget for [Event Name] > Income March 3, 2020 - Page 147 of 359 Estimated Actual Total income $0.00 $0.00 Total expenses $0.00 $0.00 Total profit (or loss)$0.00 $0.00 Event/Program Budget for [Event Name] > Profit - Loss Summary $0.00 $0.10 $0.20 $0.30 $0.40 $0.50 $0.60 $0.70 $0.80 $0.90 $1.00 Estimated Actual Total income Total expenses March 3, 2020 - Page 148 of 359 13 2/25/2020 2020 CSE Funding Agreement NO EMPLOYEE AFFIDAVIT [To be completed only if Recipient has no employees] 1. Check and complete one: I, , am a sole proprietor doing business as . I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, , am the sole owner/member/shareholder of , a [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Recipient’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Recipient must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. Signature Date March 3, 2020 - Page 149 of 359 14 2/25/2020 2020 CSE Funding Agreement DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Recipient participates in the Department of Labor Lawful Presence Verification Program] I, , as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C.§ 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2018, by as of . My commission expires: (S E A L) Notary Public March 3, 2020 - Page 150 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : S pring Back to Vail F unding Agreement B AC K G RO UND: T he Town Council granted funding in 2020 to Highline Sports and E ntertainment in the amount of $550,000 f or the Spring B ack to Vail event in A pril. I t is Vail Town policy that the Town C ouncil has to authorize the Town Manger to enter into agreements above $50,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an a f unding agreement on a f orm approved by the Town Attorney, with event producer Highline S ports and E ntertainment in an amount not to exceed $550,000. AT TAC H ME N TS : Description Spring Back contract March 3, 2020 - Page 151 of 359 AGREEMENT FOR FUNDING CONTRIBUTION THIS AGREEMENT FOR FUNDING CONTRIBUTION (the "Agreement") is made and entered into this 3rd day of March , 2020 (the "Effective Date"), by and between the Town of Va il, 75 South Frontage Road , Va il, CO 81657 , a Colorado home rule municipal corporation (the "Town"), and Highline Sports and Entertainment , an independent contracto r with a principal place of business at 12 Vail Road , Suite #500 , Vail , CO 81657 , ("Recipient") (each a "Party" and collectively the "Parties"). WHEREAS , the Town encourages and supports community events , because such events promote the public health , safety a hd welfare ; WHEREAS , Recipient is producing an event in the Town on or about April 9-2 , 2020 ,; WHEREAS , the Vail Town Council has agreed to provide funding to Recipient to assist in the Spring Back to Vail event (the "Event"); WHEREAS , the Event has been designated by the Town as a Signature Event ; and WHEREAS , in exchange for Town funding , Recipient is willing to comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE , for the consideration hereinafter set forth , the receipt a nd sufficiency of wh ich are hereby acknowledged , the Parties agree as follows : I. RECIPIENT'S DUTIES A. Recipient shall plan , organize , promote and carry out the Event as described in Event Description set forth in Exhibit A and in Event Budget set forth in Exhibit D, attached hereto and incorporated herein by this reference. B. At least 30 days prior to the start of the Event , Recipient shall complete and submit all permits that may be required for the Event by use of the Town special event perm its website : www.vailpermits.com . All such applications shall be submitted unde r t he name of Recipient. C. Recipient shall comply with all applicable regulations pertaining to the production of special events in the Town , including without limitation: the special event permit application the Town Logo Standards ; and the Town's marketing checkl i!st , attached hereto as Exhibit B and incorporated herein by this reference. D. Recipient shall allow the Town to perform market research and attendee surveys during or after the Event by an independent , third -party economic impa ct research firm hired by the Town . Further, Recipient shall share attendee contact 1 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 152 of 359 information with the research firm , or send a web survey link provided by said firm to lits participant/ticket sales database as directed by the Town . The Town shall share survey data and analysis with Recipient for its use and inclusion in the post-event report . E. Recipient shall schedule and complete a post-event report and meeting ~ith the CSE and Vail Town Council (as a signature event) within 60 days following the clo1se of the Event. Recipient shall include in its report any non-confidential data from the Event it deems relevant to the Town's review and assessment of the Event. The Town ±ill provide a PowerPoint template for Recipient's use in preparing the report , and the finish 1 ed PowerPoint shall be submitted to the Town a minimum of 7 days prior to the date scheduled for the post-event nieeting. 1 F. Recipient shall provide Town with one time access to its event customer email database and the Town shall send one email inviting customers to subscribe to the Town 's events newsletter. G . Prior to the final payment being issued, recipient shall provide the To jvn Finance Director with actual results from the event including all sources of revenue a1nd event expenditures according to the attached form provided by the Town (Exhibit D). Supporting records may be requested by the town. H. The Town shall be entitled to complimentary advertising , photography, a 1 nd other exposure as part of any of the promotional or informational material Recipient causes to be prepared for the Event. I. Recipient shall ensure that all lodging marketing and lodging inquir ~es relating to the Event are directed to properties within the Town whenever reasonably possible . J. The Town may download video or photographs of the Event for promotio r al or editorial purposes (the "Event Media") at no charge , as follows : 1. As part of Recipient's post-event report , Recipient shall provide the ToL n with a link for the download location for the Event Media. 2. Recipient hereby transfers, sells, and assigns to the Town all of its right , title , and interest in the Event Media. The Town may, with respect to all or Jny portion of the Event Media, use , publish, display, reproduce, distribute, destrby, alter , retouch , modify, adapt , translate , or change the Event Media with b ut providing notice to or receiv i ng consent from Recipient. K. If applicable, any additional sponsor benefits required to be provided by Recipient to the Town pursuant to this Agreement shall be set forth in Exhibit C, attached hereto and incorporated herein by this reference. 2 212 812 02 0 2020 CSE Funding Agreement March 3, 2020 - Page 153 of 359 II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date and shall contin e until Recipient completes the Event and all responsibilities imposed by this Agreem J nt unless sooner terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. If Recipient terminates this Agreement prior to Recipient 's completion of the Event , Recipient shall refund all portions of the Total Contribution already paid. If the Town terminates this Agreement due to Recipient's breach of this Agreement, the Town is not obligated to rh ake any additional payments and may seek repay1ment by Recipient of any portion of the Total Contribution already paid. Ill. CONTRIBUTION A. If Recipient satisfies the conditions of this Agreement , the Town will pay Recipient $550 ,000 (the "Total Contribution") in three payments , as set forth below. 1. Payment One : 33% of the Total Contribution ($183 ,333), payable upon : Recipient executing this Agreement with a completed and signed marketing checklist , and Recipient's completion and submittal of the Sponsor Benefits , and Recipient's invoice number one. 2 . Payment Two : 33% of the Total Contribution ($183 ,333), payable after submittal of a complete special event permit application and the Town's verification of the marketing checklist and invoice number two. 3. Payment Three : 34% of the Total Contribution ($183 ,334), following the presentation of a post-event report in compliance with this Agreement and following approval by the CSE affirming that all requested information has be~en provided and that Recipient and the Event have met all conditions for funding nd has submitted invoice number three. Payment Three may be reduced or eliminated by the CSE or Town Council if Recipient's post-event report does not include all required information or if Recipient has failed to meet all conditions of this Agreement. B. Recipient expressly acknowledges that the Total Contribution may be reduced if Recipient fails to produce satisfactory evidence that Recipient has fully complied with all conditions of this Agreement and all other applicable conditions of t he permit. Recipient further acknowledges that the Total Contribution may be reduced jby the Town as compensation for any outstanding debt Recipient owes the Town includ ng without limitation unpaid contracts for service or unpaid taxes . 3 212 81202 0 2 02 0 CSE Funding Agreement March 3, 2020 - Page 154 of 359 IV. RESPONSIBILITY A. Recipient hereby warrants that ii is qualified lo assume the responsibili!Jes to carry out the Event and has all requisite corporate authority and licenses in go~d standing , required by law . The Event shall comply with all applicable laws, ordinances , rules and regulations . B. The Town's review, approval or acceptance of, or payment for any porti 1 on of the Event shall not be construed to operate as a waiver of any rights under t r is Agreement or as a waiver of any cause of action arising out of the performance of t ~is Agreem 1ent. 1 I C. Recipient may employ subcontractors to plan, organize , promote or ca l ry out all or portions of the Event , provided that Recipient shall ensure that all su(ch subcontractors comply with the terms and conditions of this Agreement. V. INDEPENDENT CONTRACTOR Recipient is an independent contractor. Notwithstanding any other provision of this Agreement , all personnel assigned by Recipient to perform work on the Event under the terms of this Agreement shall be, and remain at all times , employees or agents of Recipient for all purposes. Recipient shall make no representation that it is a Town employee for any purpose. VI. INSURANCE A. Recipient agrees to procure and maintain , at its own cost , a policy I or policies of insurance sufficient to insure against all liability, claims, demands , and ot ~er obligations of or related to the Event. At a minimum, Recipient shall procure and maint4in , and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined sin~le limits of $2 ,000,000 each occurrence and $2,000,000 general aggregate. 1 he policy shall be applicable to all premises and operations, and shall incl ~de coverage for bodily injury, broad form property damage, personal injury (includ r g coverage for contractual and employee acts), blanket contractual, products , 4nd completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain J ny exclusion for bodily injury or property damage arising from completed operations . B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, 4 212812 02 0 2020 CSE Funding Agreement March 3, 2020 - Page 155 of 359 terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and rlot contributory insurance to that provided by Recipient. Recipient shall be solely responsi ~le for any deductible losses under any policy. .I_ C. Recipient shall provide to the Town a certificate of insurance as evidenpe that the required policies are in full force and effect. The certificate shall identify tmis Agreement. VII. INDEMNIFICATION Recipient agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bo ~ily injury, personal injury, sickness, disease, death, property loss or damage, or any otHer loss of any kind whatsoever, which arise out of or are in any manner connected with the Event or this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Recipient, any subcontractor of Recipient, or any officer, employee, representative, or agent of Recipient, or which arise out of a worker's compensation claim of any employee of Recipient or of any employee of any subcontractor of Recipient. VIII. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Recipient hereby certifi~s that, at the time of this certification, it does not knowingly employ or contract with an ille~al alien who will perform work under this Agreement and that Recipient will participatel in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered jby the Colorado Department of Labor and Employment to confirm the employment eligibi ity of all employees who are newly hired to perform work under this Agreement. 1 B . Prohibited Acts. Recipient shall not knowingly employ or contract with Ian illegal alien to perform work under this Agreement or enter into a contract withJ a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. I C . Verification. 1. If Recipient has employees, Recipient has confirmed the employmynt eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program . 5 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 156 of 359 2. Recipient shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while t r1 is Agreement is being performed. 3 . If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien wha is performing work under this Agreement, Recipient shall: notify the subcontractor and the Town within 3 days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving t he notice required pursuant to subsection 1 herep f , the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Recipient shall not termin~te the subcontract if during such 3 days the subcontractor provides information J to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D . Duty to Comply with Investigations . Recipient shall comply with a 1 ny reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Recipient is complying with the terms of this Agreement. I E. Affidavits. If Recipient does not have employees, Recipient shall sign the "No Employee Affidavit" attached hereto. If Recipient wishes to verify the lawful presenJce of newly hired employees who perform work under the Agreement via the Department Program, Recipient shall sign the "Department Program Affidavit" attached hereto. I IX. FORCE MAJEURE; WEATHER A. If performance or completion of the Event is rendered impossible by an act or regulation of any public authority, an act of God, strike, civil tumult, war, or interrupti 9 ns of transportation services , or any other proven cause beyond Recipient's control ot~er than inclement weather, it is understood and agreed to by Recipient and the Town t ~at there shall be no claim for damages by either Party and all monies advanced to Recipient will be returned to the Town. B. The Town shall determine in its sole discretion if the Event should be cancelled due to inclement weather. If the Event is cancelled prior to its commencement due to inclement weather and Recipient is present and able to perform, or if the Event begins and is subsequently cancelled by the Town due solely to inclement weather, Recipient shall be deemed to have complied with this Agreement. 6 212812 020 2020 CSE Funding Agreement March 3, 2020 - Page 157 of 359 X. MISCELLANEOUS A. Governing Law and Venue . This Agreement shall be governed by the la'f"S of the State of Colorado, and any legal action concerning the provisions hereof shall pe brought in Eagle County , Colorado . I B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. lntegration 1 • This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties . There are no intended third-party beneficiaries to tlnis Agreement. E. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligation ~ of the Parties hereto, shall be assigned by either Party without the written consent of ~he other . I. Governmental Immunity. The Town and its officers , attorneys J nd employees, are relying on, and do not waive or intend to waive by any provision of this Agreement , the monetary limitations or any other rights , immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 , et seq., as amended , or otherwise available to the Town and its officers, attorneys or employees . J. Rights and Remedies . The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law . The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectivb ly performed . K. Subject to Annual Appropriation . Consistent with Article X , § 20, of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently 7 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 158 of 359 appropriated, and shall not constitute a mandatory charge, requirement , debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as oft e Effective Date. ATTEST: Tammy Nagel, Town Clerk RECIPIENT STATE OF COLORADO ) ) SS. COUNTY OF ) By : TOWN OF VAIL, COLORADO Scott Robson, Town Manager I The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of , 2020, by as of ~~~~~~~--~~~~~~~~~~ My commission expires: (SE AL) Notary Public 8 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 159 of 359 SPRING BACK TO VAIL 2020 AND BEYOND Confidentia l EXHIBIT A EVENT DESCRIPTION Spring Back to Vail with a revamped vision is in the works. Bringing back what built the iconic festival and made it so successful, Highline is going back to its roots by bringing the event model back under our umbrella and full purview. The event was created to fill the town during a slow period at the end of the ski season, which has become somewhat of a shoulder season in recent years. The name itself was created to get people to come back to Vail at a time they normally would not. T,he event has seen a multitude of iterations over the past 18 years and it is 1 finally time to create what arguably should be the greatest spring event at any resort in the country. The value proposition behind the initiative has no ceiling. Spring Back to Vail set standards and was one of the pioneers in spring fes t ivals in ski mountain towns . It is time to reposition Spring Back to Vail, the Town of Vail and Vail Mountain as the leader in this space. This new concept of 'Bring Back, Spring Back' will focus on creating the best spring mountain festival in the country. THE VISION The vision is simple: be the best of the best. Build the best spring festival in any ski mountain town. It will include: world-class A-list entertainment. world-class partners/sponsors, world-class production and world-class activation. Essentially creating a wildly vibrant town during an otherwise slow period. We will market the event from the day the mountain opens right up to the successful completion of the final concert. We will engage and rely on a multitude of supporters to make certain the brand is known nationwide for years to come. This can't happen overnight. A three-to-four year plan will allow for measurable successes and room to establish benchmarks and achievable goals. Using the success of the 2019 Spring Back to Vail, t he event is poised to transform in 2020 and beyond. HOW WILL WE DO IT MUSIC Create a paid concert model allowing nationally renowned artists with massive appeal and draw to be booked well in advance and marketed throughout t he entire season. These shows will utilize the beauty and possibilities reintroduced in 20 19 at Ford Park. Top-line potential examples of talent: Dave Matthews Band Greta Van Fleet Zoe Brown Band Free music options will exist as well though Spring Back LIVE! and other concert venues in Vail. EVENTS WITHIN THE EVEN T Create a four-day weekend atmosphere chocked full of vibrant activation in and around the town and community. Top-line concepts: Beer Festival Public art concept Extensive expo and activation areas throughout the Town of Vail BUILD ON WHAT WE HAVE There are some great components currently associated with Spring Back to Vail. By looking at these elements closely and critically, we will add and modify to continue to position them as a value to the event and the guest experience. Top-line current components: World Pond Skimming Championships Luau at Mid-Vail Bar Parties/In account promotions 9 212 81202 0 2 02 0 CSE Fundin g Agree ment March 3, 2020 - Page 160 of 359 SPONSORSHIP /ADDITIONALFUNDING The entire sales model for Spring Back to Vail has changed to allow outside sponsorship to be pursued. This new approac h will garner fresh ideas, activation concepts and experiences the event warrants. By re-working the relationship with the Vail Resorts partners , funding will be sourced from a multitude of suitors , many not sought after before. Outside sponsors and partners yearning to access the coveted Vail guest will be a new opportunity for Spring Back to Vail 2020 . Top-line examples of sponsorship categories Auto partners Technology Financial Institutions CPG Brands Social Media Brands MARKET I NG Spring Ba c k to Vail marketing and PR efforts will take a 3 tiered approach for 2020 and beyond. The core of the marketing efforts for Spring Back to Vail will continue to come from the Vail Mountain Marketing department and will look to be reshaped beginning in 2020: VAIL RESORTS/VAIL MOUNTAIN will be actively involved and leading the promotional charge to include: Brand refresh , brand voice refinement and content creation Brand guidance and development support Marketing strategy development Tactical execution of marketing plans across owned Vail channels and assets Tactical execution of marketing plans in paid channels and assets Design and production of marketing assets Content capture Supporting local and on-mountain outreach for event communications Support via owned and operated channels and venues (retail. restaurant, lodging , and on- mountain) o Logistical support for on-mountain event elements, if any Leverage Vail Resorts Public Relations for media inquiries, outreach, and hosting Partner with Owned and Operated Lodging for event needs Event performance analyses (destimetrics, guest experience insights, and guest feedback) VAI L LOCAL MARKETING DISTRICT Spring Back to Vail looks to complement and creatively layer marketing/media efforts from Vail Mountain by looking to partner with Vail Local Marketing Distr ict for additional marketing driving destination guests during this historically slow time in April. The month of April falls under the shoulder season umbrella and has become one of the slowest times of the year. Spring Back to Vail is hoping to garner marketing support from VLMDAC with an additional $150,000-$200,000 in marketing spend to support the event. OTHE R Spring Back to Vail will look to partner with other PR /Media partners to effectively streamline the overarching marketing, advertising , social and digital campaigns during this low/shoulder season period. By looking to expand current relationships with key media partners such as AXS TV and VH 1, the goal is to provide additional exposure to not only further the street cred of Spring Back to Vail but also to allow a more robust package for event partners and sponsors . 10 212 81202 0 2 02 0 CSE F un d in g A gree ment March 3, 2020 - Page 161 of 359 EXHIBIT B MARKETING CHECKLIST Recipient agrees to the placement of the Town logo on marketing and promotio ~al materials it produces or causes to be produced for the Event as appropriate to the Tow ~'s level of sponsorship . Recipient shall complete the checklist and upload he te: https ://webportalapp .com/sp/home/2020events . I Recipient also agrees to the following provisions: I I • Town approval is required for all Event marketing materials for publication regardless of medium. • Town approval is required for any proofs that include the Town or Vail Mountain logo. • Items requiring Town approval must be submitted to the Town a minimum of 14 days prior to publication. • The Town may reduce its Total Contribution for marketing items tnat Recipient fails to submit properly and in a timely manner. • Recipient shall use the Town logo and shall make Town social media mentions and hashtags wherever reasonably possible. In doing so, Recipient sHall comply with the Town's exact usage guidelines. 11 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 162 of 359 EXHIBIT C SPONSOR BENEFITS FORM The following additional benefits are due to the Town of Vail in consideration of the event funding: 36 pairs (72 single) of VIP Tickets for each ticketed event. Top tier logo placement on all print and digital media and prominent placement on the website . Logo inclusion in all email communications sent to the event databasr. Tagging of Town bf Vail social media accounts in a minimum of 10 event posts . Option for 1Ox10 activation space at events that have a vendor presence . One-time access to your email list to send an invitation to sign up for Town of Vail emails. Logo inclusion on stage signage commensurate with sponsorship level. A minimum of 4 PA mentions per event. 12 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 163 of 359 NO EMPLOYEE AFFIDAVIT [To be completed only if Recipient has no employees] 1. Check and complete one: D I, , am a sole proprietor doing business 1as ____________ . I do not currently employ any individuals . Shoul ~ I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requireme t ts outline p in that Agreement. 1 OR D I, , am the sole owner/member/sharehol ~er of , a [specify type of entity -i.e., corporation , limited liability company], that does not currently empl:oy any individuals. Should I employ any individuals during the term of my Agreement With the Town , I certify that I will comply with the lawful presence verification requireme ~ts outlined in that Agreement. 2. Check one. D I am a United States citizen or legal permanent resident. OR The Town must verify this statement by reviewing one of the following items: • A valid Colorado driver's license or a Colorado identification card; • A United States military card or a military dependent's identification cardi • A United States Coast Guard Merchant Mariner card; • A Native American tribal document; • In the case of a resident of another state, the driver's license or state-issu1ed identification card from the state of residence , if that state requires the applicant to prove lawful presence prior to the issuance of the identificat)on card; or • Any other documents or combination of documents listed in the Town's ''Acceptable Documents for Lawful Presence Verification " chart that prd 1 ve both Recipient's citizenship/lawful presence and identity. D I am otherwise lawfully present in the United States pursuant to federal law. Recipient must verify this statement through the federal Systematic Allen Verification of Entitlement ("SA VE'J program, and provide such verification to the Town . I Signature 13 Date 212812 02 0 2020 CSE Fundin g Agreement March 3, 2020 - Page 164 of 359 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Recipient participates in the Department of Labor Lawful Presence Verification Program] I, , as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; I 2 . I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature STATE OF COLORADO COUNTY OF ------ ) ) SS . ) Date The foregoing instrument was subscribed, sworn to and acknowledged before me this day of 2018, by as of ------------------~ My commission expires: (SE AL) Notary Public 14 212812020 2020 CSE Funding Agreement March 3, 2020 - Page 165 of 359 Event/Program Budget for [Event Name] >Expense s Site/Location/Operations Estimated Actual Rental fees Insurance Sound/AV Event lnfrastructure /Construction/Eq1 Trash/Composting Util ities Labor (Internal Staff) Contract Labor Security/Police/Med ical Traffic Control Banners -Printing & Signage Signage <insert Other> <insert Other> <insert Other> <insert Other> <insert Other> Total $0 .00 $0 .00 $0.00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0.00 Marketing Estimated Actual Advertising -Radio Advertising -Print Advertising -Social Media Public Relations Sales Team Expenses Media TV, Produ ction & Distribution Graphic Design Website Collateral Materials Printing <insert Other> <insert Other> <insert Other> <insert Other> <insert Other> Total $0.00 $0.00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0.00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 $0 .00 Administration Estimated Actual Telephone/Internet $0.00 Photography $0 .00 Transportation $0 .00 Permit Fees $0 .00 Postage/Shipping $0 .00 In Kind Trades $0 .00 Supplies-Office or Other $0.00 Demographic Survey $0 .00 Sales Tax $0 .00 Miscellaneous Supplie s $0 .00 <insert Other> $0 .00 <insert Other> $0 .00 Total $0.00 $0 .00 $0 .00 EXH IBI T D c1ma.n·~·l*·]·tC:Di§!·l~§!t~1.~1-•••I ifii!uN!fiW!f!j@l Cost of Goods -Beverage $0.00 Cost of Goods -Food $0 .00 Disposables/service ware $0.00 <insert Other> $0 .00 <insert Other> $0 .00 Total $0 .00 $0 .00 Program/Lodging Estimated Actual Entertainment I Talent $0.00 Speakers $0 .00 Travel $0 .00 Lodging $0.00 <insert Other> $0.00 <insert Other> $0.00 <insert Other> $0.00 <insert Other> $0.00 Total $0 .00 Prizes Estimated Actual Prizes Cash Purse Total $0.00 $0 .00 $0 .00 Sponsorship Estimated Actual Sponsorship Fullfillment Traded Gifts Traded Goods Traded Lodging Traded Marketing <insert Other> Total $0 .00 $0 .00 $0.00 $0 .00 $0.00 $0 .00 $0 .00 $0 .00 $0 .dO $0 .00 March 3, 2020 - Page 166 of 359 Event/Program Budget for [Event Name] >Income --Estimated Actual Total Income $0.00 -$0.00 0 0 0 0 Programs/Advertising Adults @ $5.00 Children @ $2 .00 Other@ $1 .00 <Insert Other> @ $0 .00 - - $0.00 $0 .00 $0.00 $0 .00 $0.00 $0.00 Estimated Actual Estimated Actua l 0 0 0 0 0 0 0 0 0 0 Covers@ $0 .00 Half-pages@ $0.00 Quarter-pages@ $0 .00 <Insert Other> @ $0 .00 <Insert Other> @ $0 .00 <Insert Other> @ $0.00 Large booths@ $0 .00 Med . booths@ $0 .00 Small booths@ $0.00 <Insert Other> @ $0 .00 <Insert Other> @ $0.00 <Insert Other> @ $0.00 $0.00 $0.00 $0 .00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 .00 $0.00 $0 .00 $0.00 so.oo $0.po Revenue from other items ~ •@lh,@I@ i!ii.fo@-@51 0 Cash Sponsorships@ $0.00 $0.00 0 In Kind Sponsorships@ $0 .00 $0.00 0 Donations@ $0.00 $0 .00 0 TOV Funding @ $0.00 $0.00 0 Grants@ $0.00 $0.00 0 <Insert Other> @ $0.00 $0 .00 0 <Insert Other> @ $0.00 $0.00 O <Insert Other> @ $0 .00 $0 .00 $0.00 $0.,00 March 3, 2020 - Page 167 of 359 .· Event/Program Budget for [Event Name] >Profit - Loss Summary Total income Total expenses Total profit (or loss) $1.00 $0.90 $0.80 $0 .70 $0.60 $0.50 $0.40 $0.30 $0 .20 $0.10 $0.00 Estimated Estimated Actual Actual $0.00 $0.00 $0.00 •Total income $0.00 $0.00 $0.00 ilJTotal expenses March 3, 2020 - Page 168 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Art in P ublic P laces (A I P P ) Board Appointments P RE S E NT E R(S ): D ave C hapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC IL : Motion to appoint five people to the A I P P Board for a two year term ending March 31, 2022. March 3, 2020 - Page 169 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : W ildlife Task Force Update March 3, 2020 - Page 170 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : An update on a proposed ballot initiative for the town. P RE S E NT E R(S ): Kathleen Halloran, F inance Director AC T IO N RE Q UE S T E D O F C O UNC IL : P lease provide f eedback to staff on proposed next steps. B AC K G RO UND: T he town is contemplating going to the voters in November f or permanent, reliable source of f unding for investments in housing and special events / arts & cultural programming. T his is an update to Town C ouncil on proposed next steps and a timetable of actions prior to a decision on pursuing a ballot question. S TAF F RE C O M M E ND AT I O N: P lease provide f eedback to staff. AT TAC H ME N TS : Description ballot March 3, 2020 - Page 171 of 359 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: March 3, 2020 SUBJECT: Ballot Proposal Update I. SUMMARY On February 18, Town Council reviewed the need for permanent, predictable and reliable sources of funding for both Housing and Special Events / Arts & Culture programming. The purpose of this memo is to continue the discussion with Town Council and share a timeline of actions leading up to a potential approval of ballot question/s by August 18th. II. DISCUSSION On February 24, Vail town manager Scott Robson participated in a regional meeting with Eagle County and special taxing districts to share plans for ballot issues. Eagle County is currently polling voters on the subjects of early childhood development and workforce housing. Depending on the outcome of those polls, the county may either focus on one issue for an increase in funding or combine both into one ballot question. They have agreed to share the results of their polling, which should be available by end of April / early May. For Vail, the Community Survey going out in March will be the town’s first approach by including high level foundational questions that will set the table for a future polling exercise. Staff will use preliminary results of the community survey to formulate polling questions, focusing on support for the issues as well as preferred sources of funding (sales tax, property tax, lodging tax, etc.) understanding that the community survey will encompass a greater audience than Vail voters. Demographic information collected as part of the community survey will help identify potential voters for the purpose of focusing on those responses and input. Staff has already met with Magellan Strategies, a voter survey research and campaign strategy consultant, who will poll Vail voters on more detailed questions regarding support of funding for housing and special events, arts & culture. Voter polling is currently planned for May / early June, with a report back to Council at the end of June. March 3, 2020 - Page 172 of 359 - 2 - Staff would then work to draft ballot question(s) wording, with a final go / no-go approval from Town Council by August 18th. Should a ballot initiative move forward, a successful campaign would need to generate approximately $6.5M per year restricted to the investment in housing and approximately $3.5M per year restricted to investment in special events, arts and cultural programming. To effectively solve some of the housing challenges and support a vibrant community with events and cultural programs to ensure Vail’s continued success, the town will need to expand its revenue base. Staff recommends the town invest in its economic sustainability now by taking the next steps outlined in this memo. This approach will allow the town to determine whether it would be viable to participate in the November election by proposing some revenue ballot measures to the Vail voters. III. ACTION REQUESTED FROM COUNCIL Please provide feedback to staff regarding any additional information needed and input regarding suggested next steps. March 3, 2020 - Page 173 of 359 2020 Ballot TimelineCommunity SurveyPolling of Vail voters Draft ballot question(s)Town Council approval of ballot question  August 18Citizen group(s) educate and campaignElection Day Nov. 3March AprilMayJune JulyAugustSeptemberOctober NovemberMagellan presentation to Town Council April 21Magellan reports out polling resultsJune 16March 3, 2020 - Page 174 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Resolution No. 7, S eries of 2020, Resolution Adopting of Vail F ire and E mergency S ervices Response P erformance Objectives and presentation on Vail Fire and E mergency S ervices Community Risk A ssessment/S tandards of C over. P RE S E NT E R(S ): Mark Novak, Fire Chief ; Rich B uchanan Emergency Services C onsulting I nternational AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove or approve with modif ications, Resolution No. 7, Series of 2020, A Resolution Adopting Vail F ire and E mergency S ervices Response P erformance Objectives. B AC K G RO UND: Vail F ire and Emergency Services recently completed a C ommunity Risk A ssessment/S tandards of C over analysis. A Standard of C over provides a baseline f or improving emergency service delivery when accompanied by adopted response perf ormance objectives. Resolution No. 7 S eries of 2020 establishes response performance objectives f or Vail F ire and E mergency S ervices. S TAF F RE C O M M E ND AT I O N: Approve Resolution No. 7, S eries of 2020, A R esolution A dopting Vail F ire and Emergency S ervices R esponse Perf ormance O bjectives. AT TAC H ME N TS : Description Staff Memo Resolution No. 7, Series of 2020 Standards of Cover Response O bjectives Vail Fire and Emergency Services Community Risk Assessment: Standar ds of Cover Resolution No.7 S eries of 2020, A Resolution Approving V F E S Response Objectives Standards of C over Presentation March 3, 2020 - Page 175 of 359 To: Town Council From: Mark Novak, Fire Chief Date: March 3, 2020 Subject: Community Risk Assessment/Standards of Cover Summary and Resolution No. 7, Series of 2020, Adoption of Vail Fire and Emergency Services Response Performance Objectives I. Purpose: The purpose of this memo is to provide an overview of the recently completed Community Risk Assessment/Standards of Cover (CRA/SOC) project and to establish related performance benchmarks for Vail Fire and Emergency Services II. Background CRA/SOC is a nationally recognized fire service best practice which provides a foundation to make decisions about resource. The CRA/SOC is based upon the criteria found in National Fire Protection Association (NFPA) 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations and Special Operations to the Public by Career Fire Departments and the Community Risk Assessment: Standards of Cover Manual published by the Center for Public Safety Excellence. Completion of a CRA/SOC is also a required component of the accreditation process and provides a foundation for the strategic planning process. In addition, a completed SOC is accepted by the Insurance Services Office (ISO) in lieu of the deployment analysis required as part of the ISO grading process The main components of the CRA/SOC are: 1. Community and Organizational Overview 2. Community Risk Assessment 3. Historical System Performance and Objectives 4. Recommendations It is important to note that the CRA component of this document addresses wildfire risk, however the CRA should not be confused with the ongoing Community Wildfire Protection Plan (CWPP). The CRA addresses wildland fire risk in a general sense, while the CWPP provides a comprehensive analysis of wildfire risk and provides specific goals and objectives crafted to reduce wildland fire risk. The CWPP is scheduled to be brought before Town Council in April. March 3, 2020 - Page 176 of 359 Town of Vail Page 2 The VFES CRA/SOC process began in July of 2019 with the release of Request for Proposals (RFP). Following the RFP process, the project was awarded to Emergency Services Consulting International in August of 2019. The initial phase of the project was intensive data analysis which was followed by a site visit in November of 2019. During the site visit ESCI met with members of fire department staff as well as Mayor Chapin and Assistant Town Manager McKenny. III. CRA/SOC Summary The CRA/SOC is summarized in the presentation delivered by ESCI. The following provides a high level overview of notable findings and recommendations: Administration/Staffing • VFES has an appropriate number of stations and response vehicles • VFES has developed an excellent Continuity of Operations Plan • VFES has a higher per capita call volume compared to comparable regional fire departments • The ratio of administrative/support staff to operational employees is low • The relief factor supports the funding of at least one additional position to cover vacation and unscheduled leave • Periodically test call-back system for VFES employees • Implement policy that requires firefighters to return to work and/or remain at work during major incidents Operations/Response • Achieving an effective response force is dependent upon mutual aid, consideration should be given to the addition of second company (aerial apparatus) at station 2 • Station 2 is currently unable to house an aerial apparatus, and is also impaired by heavy foot traffic and sub-optimal driveway configuration, recommend moving station 2 closer to I-70 • Consolidation of VFES and ERFPD should be evaluated • Establish a dedicated apparatus replacement program/fund • Festivals in the villages increase response times/risk • VFES should adopt response performance benchmarks • Work with Vail Public Safety Communication Center to continue to improve call processing time • Improve VFES turnout time • Evaluate opportunities to increase emergency medical service capabilities • Evaluate opportunities for further partnership with Eagle County Paramedic Services • Increase staffing to provide for increased roadway incident safety through the use of a dedicated “blocking” vehicle March 3, 2020 - Page 177 of 359 Town of Vail Page 3 Community Risk • Develop greater capacity to conduct post incident Preliminary Damage Assessment. • Review evacuation plan and identify opportunities to make evacuation information more available and concise • Establish policies that identify when an evacuation is initiated • Increase public education regarding avalanche and develop plan regarding long term I-70 closure due to avalanche • Continue to support efforts to reduce collisions through I-70 safety closures Following the completion of the CRA/SOC project, VFES will embark on a new strategic planning process. The recommendations found in the SOC as well as the adopted performance objectives will be foundational to the strategic planning process. VFES requests the participation of a Town Council member in the strategic planning process. IV. Resolution No. 7, Adoption of Vail Fire and Emergency Services Response Performance Objectives The CPSE CRA/SOC manual recommends that the CRA/SOC process should include adoption of performance objectives. Although the CRA/SOC provides model response objectives, development and adoption of response objectives is the responsibility of fire agency and the governing body. After careful analysis of the model response benchmarks, the staff recommendation includes modifications to the model benchmarks. Staff welcomes the accountability that accompanies rigorous response objectives, but also recognizes that both Vail and the surrounding communities do not have the depth of resources found in larger communities and face response challenges that are unique to our environment. One unique aspect of our community is the mountainous terrain and climate. On average, Vail experiences greater than 1” snowfall 66 days per year. This equates to there being snow/ice on roadways nearly 20% of the time. Staff does not want to create a performance objective that would potentially encourage driving too fast for conditions. For this reason, staff recommends the adoption of an 80th percentile performance goal instead of a 90th percentile goal. In addition, any risks requiring more than 10 personnel on the scene will require the response of mutual aid resources from Eagle River Fire Protection District. Due to the travel time between ERFPD stations and the Town of Vail, staff recommends using the response benchmarks for rural and suburban areas as the basis for response times for the effective response force for these risks. For risks which require an effective response force of 4 firefighters or less, the more challenging time objectives found in NFPA 1710 are used. The rationale for this is March 3, 2020 - Page 178 of 359 Town of Vail Page 4 based upon the concentration of incidents that occur within 4 minutes travel time of a Vail fire station. V. Staff Recommendation Approve or approve with modifications Resolution No. 7, Series of 2020, A Resolution Adopting Vail Fire and Emergency Services Response Performance Objectives. March 3, 2020 - Page 179 of 359 Community Risk Assessment: Standards of Cover February 2020 Vail Fire & Emergency Services Vail, Colorado March 3, 2020 - Page 180 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services i CONTENTS Acknowledgments ..................................................................................................................... iii SECTION I: COMMUNITY & ORGANIZATIONAL OVERVIEW ............................................................. 1 Introduction ............................................................................................................................... 2 Evaluation of Current Conditions .......................................................................................................... 2 Governance and Lines of Authority ....................................................................................................... 4 Organizational Design .......................................................................................................................... 4 Service Area and Infrastructure ............................................................................................................ 6 Emergency Response Type and Frequency ........................................................................................... 7 Emergency Response Staffing .............................................................................................................. 9 Fiscal Analysis ...................................................................................................................................... 9 Staffing & Personnel ................................................................................................................. 15 Administrative & Support Staffing Levels ........................................................................................... 15 Emergency Operations Staffing ......................................................................................................... 16 Risk Assessment Methodology ........................................................................................................... 20 Incident Risk Assessments .................................................................................................................. 20 Critical Tasking Assessment ............................................................................................................... 27 Capital Facilities & Apparatus .................................................................................................... 30 Fire Stations & Other Facilities ........................................................................................................... 30 Station-Related Information Technology ........................................................................................... 36 Apparatus & Vehicles ......................................................................................................................... 36 Capital Facilities Improvement & Apparatus Replacement Planning ................................................... 39 SECTION II: COMMUNITY RISK ASSESSMENT .............................................................................. 40 Community Risks, Land Use, & Zoning ....................................................................................... 41 Geospatial Characteristics & Assorted Boundaries .............................................................................. 42 Transportation Networks ................................................................................................................... 51 Physical Assets Protected ................................................................................................................... 54 Population & Community Development ..................................................................................... 56 Population History & Community Demographics ............................................................................... 56 At-Risk Populations ............................................................................................................................ 59 Community Land-Use ........................................................................................................................ 62 Hazardous Substances & Processes .................................................................................................... 64 Non-Structural Fires Risk Categorization ............................................................................................ 64 Common Risks & Staffing Requirements .................................................................................... 65 Major Structural Risks ......................................................................................................................... 65 Risk-Specific Staffing Levels Required ................................................................................................ 65 Summary of Current Available Resources ........................................................................................... 66 March 3, 2020 - Page 181 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services ii SECTION III: HISTORICAL SYSTEM PERFORMANCE & OBJECTIVES ................................................ 67 Historical System Performance .................................................................................................. 68 Historical Service-Demand ................................................................................................................. 68 Resource Distribution Study ............................................................................................................... 74 ISO Distribution .................................................................................................................................. 76 Water Supply Distribution .................................................................................................................. 80 NFPA Distribution .............................................................................................................................. 81 Response-Reliability Study ................................................................................................................. 83 Capacity Study ................................................................................................................................... 84 Mutual Aid .......................................................................................................................................... 87 Historical Performance Summary ....................................................................................................... 88 Performance Objectives & Measures .......................................................................................... 97 Emergency Medical Services .............................................................................................................. 97 Fire Suppression ............................................................................................................................... 102 Performance Benchmarks ................................................................................................................ 104 Overview of Compliance Methodology ..................................................................................... 107 Accountability & Responsibility ........................................................................................................ 107 Quality Assurance & Improvement Compliance Model ..................................................................... 107 Performance Evaluation & Improvement Compliance Strategy ........................................................ 110 SECTION IV: CONCLUSIONS & RECOMMENDATIONS ................................................................. 111 Long-Range Options for Resource Deployment ........................................................................ 112 Staffing & Personnel ......................................................................................................................... 112 Financial ........................................................................................................................................... 112 Capital Facilities ............................................................................................................................... 112 Apparatus & Deployment ................................................................................................................. 112 Service-Delivery ................................................................................................................................ 113 Community Risk ............................................................................................................................... 115 SECTION V: APPENDICES .......................................................................................................... 117 Appendix A: Table of Figures ................................................................................................... 118 Appendix B: Sample Performance Benchmark resolution .......................................................... 121 Appendix C: References .......................................................................................................... 125 March 3, 2020 - Page 182 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services iii ACKNOWLEDGMENTS Emergency Services Consulting International (ESCI) extends its sincere appreciation to the Town of Vail, Vail Fire and Emergency Service, and each of the other individuals that contributed to the completion of this project. Vail Town Council Dave Chapin, Mayor Kevin Foley Kim Langmaid, Mayor Pro Tem Jen Mason Jenn Bruno Brian Stockmar Travis Coggin Vail Fire and Emergency Services Mark Novak, Chief Paul Cada, Wildland Program Manager Mike Vaughn, Fire Marshal Patty McKenny, Assistant Town Manager Craig Davis, Battalion Chief Sean Koenig, GIS Manager Jim Jones, Battalion Chief Vail Public Safety Communication Center Jake Savona, Battalion Chief …and each of the firefighters, leaders, and support staff of Vail Fire and Emergency Services, who daily serve the citizens and visitors throughout the area! March 3, 2020 - Page 183 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 1 Section I: COMMUNITY & ORGANIZATIONAL OVERVIEW March 3, 2020 - Page 184 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 2 INTRODUCTION The Town of Vail, Colorado, retained Emergency Services Consulting International (ESCI) to complete a Community Risk Assessment and Standard of Cover Analysis. Vail is located in Eagle County, Colorado, and is governed by a Town Council. The analysis provides a review of the current service delivery accountability as well as response performance and infrastructure efficiency. ESCI also assesses future service demand projections and delivery system approaches. ESCI evaluates the initial assessment of current conditions by analyzing the baseline elements, current response performance, and service delivery results. These conditions were determined upon initiation of the project in Fall 2019. Using organizational, staffing, and geographic information systems (GIS) models, this phase of the study identifies how the fire department is currently operating and provides insight into how services are presently delivered to the Vail community. Evaluation of Current Conditions ESCI based the initial assessment of Vail’s existing composition and service delivery on the evaluation of data provided by the agency and collected during our fieldwork. Where possible, ESCI compares the information to a combination of applicable state laws and regulations. The National Fire Protection Association (NFPA) standards, Commission on Fire Accreditation International (CFAI) self-assessment criteria, health and safety requirements, federal and state mandates relative to emergency services are all standards used when scrutinizing and examining current conditions. Other proven methodology and generally accepted best practices within the emergency services community, as well as the experience of ESCI’s consultants, weighed into the evaluation criteria. The evaluation begins with a baseline review of the agency’s organizational composition. March 3, 2020 - Page 185 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 3 ORGANIZATIONAL OVERVIEW The Organizational Overview component provides a summary of Vail’s organizational configuration and the services that it provides. ESCI combined the data provided by Vail with information collected during our fieldwork to develop the following overview. The purpose of this section is two-fold. First, it verifies the accuracy of baseline information along with ESCI’s understanding of the agency’s composition. The overview provides the foundation from which ESCI develops the Standard of Cover and Community Risk Assessment. Secondly, the overview serves as a reference for the reader, who may not be fully familiar with the details of the fire department’s operations. Where appropriate, ESCI includes recommended modifications to current observations based on industry standards and best practices. Vail Fire and Emergency Services (VFES) protects the Town of Vail as well as provides emergency services to areas outside the Town that are still considered in the response area. During the summer months, VFES also provides service to Vail Mountain and adjacent USFS lands. The following figure reflects the study area with the exception of Vail Pass, which VFES covers based on a contractional agreement. Figure 1: VFES Project Study Area March 3, 2020 - Page 186 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 4 VFES’s service area encompasses 4.7 square miles. The population served consists of an estimated 5,450 people, which consists of 7,651 units in the Town of Vail, and 341 units outside the Town of Vail, but within the service area; of the 7,992 units, 2,297 are occupied, and 5,695 are vacant. Governance and Lines of Authority The very basis of any service provided by governmental or quasi-governmental agencies lies within the policies that dictate guidelines of responsibility and authority upon which the agency may act. In most governmental agencies, including the Town of Vail, those policies lie within the charters, ordinances, and other governing documents adopted by the municipality. The Town of Vail is typical of most municipal organizations in Colorado, regarding structure and design. Governance of the Town is provided by a Mayor and a seven member Town Council. Vail also employs a human resources department that provides general policy direction to all Town departments and supports personnel rules and regulations. The Town Manager hires a Fire Chief who is charged with ensuring that the fire department meets its prescribed mission. The Fire Chief reports to the Town Manager. Organizational Design The organizational design of any agency providing emergency services is vitally important. This design composes the structure needed to maintain an agency’s ability to deliver optimal service to its community in an efficient and timely manner. The infrastructure must also provide the necessary level of safety and security to the members of the organization, whether career or seasonal. For example, during an emergency, an individual’s ability to supervise multiple personnel takes on diminished capacity. Understanding this lessened ability has led to industry standards recommending a span of control of only four to six personnel under stressed situations. This practice stemmed from military history and has shown to be an effective leadership tool in emergency services situations and an important aspect of an agency’s organizational design. Another example of a strong organizational design comes into play when assessing fire station location alternatives. The analysis should not be limited to the physical location of a building but must also include consideration of how the station is staffed. Not only is it important that a new or alternative facility accommodates enough responders, but also that an organizational structure is in place to adequately supervise staff. The following figure summarizes the organizational design components observed at Vail. March 3, 2020 - Page 187 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 5 Figure 2: VFES Organizational Structure The fire department is configured in a top-down hierarchy, as is typical of most fire departments. The configuration is defined appropriately in an organizational chart, which reflects an appropriate span of control for the administration. March 3, 2020 - Page 188 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 6 Service Area and Infrastructure The size and composition of a fire department’s service area affect the type and number of personnel, fire stations, and vehicles that are needed to provide efficient services. VFES must make complex decisions regarding the deployment strategies employed to properly position resources based on land area, geography, risk, as well as the unique travel patterns and barriers found in Vail. Figure 3: Capital Asset Comparison Vail Fire and Emergency Services operates out of three fire stations. More discussion of the effectiveness of station location and response performance is provided in the Service Delivery and Performance section of this report. Figure 3 provides a comparison of fire stations, pumpers (engines), and aerial trucks in comparison to national median data. The comparison includes one aerial and one engine that serve in a reserve capacity. Figure 4: Seasonal Capital Asset Comparison Relative to national comparators, VFES has more capital assets when compared to similar-sized organizations servicing areas based on a full-time population of approximately 5,305. However, based on seasonal population growth up to 9,500 residents, Figure 4 shows a balance of resources to assets. Benchmark data available through the National Fire Protection Association (NFPA) is based primarily on population and does not consider geographical size or population density of an area.1 2 3 1 3 4 2 0 1 2 3 4 5 Stations Pumpers Aerials National Median Vail Fire 4 4 1 3 4 2 0 1 2 3 4 5 Stations Pumpers Aerials National Median Vail Fire March 3, 2020 - Page 189 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 7 Emergency Response Type and Frequency The department responded to 1,929 incidents in the 2018 reporting year. As is typically found, a high percentage of incidents are of an emergency medical nature; the percentage is slightly lower in Vail, at 39% compared to what is generally found in similarly sized fire departments. This lower percentage is contributed to the limited response of VFES to EMS incidents. Currently, VFES responds to approximately 45% of the total EMS service demand. The remaining EMS incidents are primarily skier transport and do not require fire response. Figure 5 displays VFES’s emergency calls by response type and frequency. Figure 5: Emergency Response Type and Frequency Response Type Frequency Percent of Total Fire 67 3% Rupture or Explosion 19 1% EMS/Rescue 740 39% Hazardous Condition 82 4% Service Call 196 10% Good Intent Call 274 14% False Call 538 28% Severe Weather 2 < 1% Other 11 1% Total 1,929 100% The Service Delivery and Performance section of this report provides additional detail on emergency response, service delivery effectiveness, and response performance. ESCI compared the total number of total emergency incidents to which Vail responded in 2018 to a variety of regional comparators based on data provided by the National Fire Protection Association (NFPA), as shown in the following figure. The analysis includes the average seasonal increase in population. March 3, 2020 - Page 190 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 8 Figure 6: Total Incidents per 1,000 Population, 2018 In total emergency incidents, the study area is higher than all other population groups. Figure 7 offers a similar comparison, but this considers only fires that occurred in VFES’s jurisdiction, again based on a per 1,000 population. Figure 7: Fires per 1,000 Population, 2018 The rate of fires is slightly higher than the regional comparators. Incident frequency is highly variable based on multiple factors and, in this instance, may be reflective of effective fire prevention efforts, or simply a small data set. 179.4 110.7 116.9 55.7 95.7 175.4 0 50 100 150 200 Urban High RangeUrban Low RangeRural High RangeRural Low RangeRegional MedianVail Fire4.7 2.9 17.2 4.0 5.3 6.1 0 5 10 15 20 Urban High Range Urban Lo w RangeRural High RangeRural Low RangeRegional Median Vail FireMarch 3, 2020 - Page 191 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 9 Emergency Response Staffing It takes an adequate and well-trained staff of emergency responders to utilize the appropriate emergency apparatus and equipment to its best use in mitigating incidents. Insufficient staffing at an operational scene decreases the effectiveness of the response and increases the risk of injury to all individuals involved. Figure 8 lists VFES’s emergency response staffing configuration. Figure 8: VFES Emergency Response Staffing Summary Emergency Services Staffing Positions Battalion Chief (Shift) 1 Lieutenant (Shift) 3 full-time Engineers (Shift) 3 full-time Firefighter/EMT 4 full-time Total Operational Staffing 11 Fire Department Total Staffing 33 full-time, 6 seasonal VFES staffs its stations using a three-platoon scheduling methodology. Each of the three platoons, or shifts, is on duty on a rotating schedule of 48 hours on-duty and 96 hours off-duty. In total, VFES employs 11 full- time personnel daily with no part-time responders. In addition to those listed in Figure 8, there are six seasonal personnel on the roster who are paid an hourly rate, 40 hours a week, from May through October. Each shift has 11 personnel assigned. A Battalion Chief and three Lieutenants staff each shift. Fiscal Analysis A critical component of the successful operation of any business, private or public, is a consistent and reliable funding stream. For public agencies, this funding is usually provided by the assessment and collection of various forms of taxation, such as ad valorem (real estate) taxes, sales taxes, special assessments, and billings for services. Recognizing the limitations of public funding, public safety agencies are limited in the level of service they may provide to their communities. This service level may be affected by the amount and types of revenues that the authority having jurisdiction is willing, or limited by the legislative process, to assess. Public agencies also may charge fees for services under contractual arrangements with other agencies or areas outside of their political boundaries. ESCI has analyzed the historical revenues and expenses from fiscal year (FY) 2014 through FY 2018 for the Town of Vail to develop relevant financial trends, strengths, and weaknesses which, in conjunction with the annual budget information for FY 2019, will assist in the completion of the financial forecasts presented later in this report. Revenues consisting primarily of various taxes and fees for services provided within its jurisdictional boundaries fund the Town. The Town of Vail operates on a calendar year basis. The Town’s General Fund 2019 budgeted revenues are generated from sales tax (≈39%), property taxes (≈8%), ski lift and franchise tax fees (≈9%), transportation revenues (≈8%), and other revenues from various sources (≈36%). March 3, 2020 - Page 192 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 10 Sales tax collections in the Town of Vail have grown consistently over the past three years. Sales tax collections have been divided between the General Fund and the Capital Projects Fund on a 60/40 basis for FY 2014 through FY 2017 and 62/38 from FY 2017 through the FY 2019 budget. The General Fund portion has increased from $14,322,000 in FY 2014 to $16,149,000 in FY 2018, an approximately 13% increase.1 Property tax revenue results from the assessment of a tax rate on the valuation of properties within the jurisdiction. This source of revenue has grown from $4,358,411 in FY 2014 to $5,313,730 in FY 2018. Another significant source of revenue is the tax assessed against ski lift tickets, increasing from $4,351,624 in FY 2014 to $5,103,480 in FY 2018. The Town’s General Fund revenues have increased by approximately $7,000,000 between 2014 and 2018 and consist of the above sales tax collections, property tax assessments, as well as other significant sources as identified in the following schedule. Figure 9: Town of Vail General Fund Revenues (FY 2014–FY 2018) Revenues FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Sales Tax 14,322,000 15,181,000 15,865,000 15,831,698 16,149,000 Property Tax 4,358,411 4,389,241 4,911,842 4,940,193 5,313,730 Ski Lift Tax 4,351,624 4,763,956 5,032,970 4,708,765 5,103,480 Franchise Fees & Other 1,121,455 1,108,466 1,162,201 1,108,497 1,158,678 Total Taxes: 24,153,490 25,442,663 26,972,013 26,589,153 27,724,888 Permits & Licenses 2,747,488 2,074,584 1,672,684 1,763,740 3,201,300 Intergovernmental 2,010,236 2,126,811 2,065,278 2,308,333 2,650,966 Charges for Services 6,742,853 7,269,985 7,471,910 7,150,047 8,782,803 Investment Income 158,769 146,627 83,624 208,432 436,425 Other 215,122 216,914 181,178 247,785 191,826 Total Recurring: 36,027,958 37,277,584 38,446,687 38,267,490 42,988,208 Capital Assets Disposal — 26,920 5,086 27,600 28,753 Total Non-Recurring: — 26,920 5,086 27,600 28,753 Total Revenue: 36,027,958 37,304,504 38,451,773 38,295,090 43,016,961 The Town’s General Fund provides a significant portion of money for general government operations, economic development, public safety, culture, and public works and transportation costs. These expenditures have increased by approximately $3,500,000, without regard to transfers to other funds, between 2014 and 2018. The following figure describes these costs for each of the five years. 1 Town of Vail Budget for 2019, pg. 19. March 3, 2020 - Page 193 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 11 Figure 10: Town of Vail Actual General Fund Expenditures (Actual FY 2014–FY 2018) Expenses FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 General Government 6,646,148 6,871,292 7,251,660 7,398,839 7,950,846 Economic Development 3,192,048 2,902,815 2,708,603 2,727,281 988,800 Public Safety 8,883,339 9,233,678 9,623,838 10,185,581 10,723,586 Culture & Recreation 1,106,151 1,114,952 1,192,863 1,236,563 1,233,974 Public Works & Transport. 12,915,022 13,224,143 13,997,058 14,757,754 15,334,826 Transfers Out — 22,338 — — 2,186,120 Total Recurring Expenses: 32,742,708 33,369,218 34,774,022 36,306,018 38,418,152 Planning Expenditures Total Non-Recurring: — — — — — Total Expenses: 32,742,708 33,369,218 34,774,022 36,306,018 38,418,152 The Town has developed a heavy equipment fund program that is designed to maintain and replace the Town’s fleet equipment, excluding buses and fire trucks. The Town will operate within the constraints of its annual revenue streams, which includes a draw down on reserves for one-time non-routine expenditures. If additional revenues are required but a new source cannot be approved, expenses must be reduced through either service reductions, elimination of programs, or reduction of purchases. Adequate cash flow to provide for current expenditures and reserves to provide for the unexpected is prudent for any entity but especially so for public agencies with limited abilities to modify revenue streams. The policies developed by the Town Council have created a fiscally strong financial structure with balanced budget requirements, reserve policies, revenue and spending policies, and long-term planning. The following figure shows the General Fund cash flows, the cash reserves at the end of each calendar year, and the percentage of recurring expenses represented by the ending cash balances. Note that the policies of the Town Council have resulted in consistent increases in cash balances and the associated increase of the percentage of cash to recurring expenses. March 3, 2020 - Page 194 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 12 Figure 11: Town of Vail Actual GF Cash-Flows & Ending Cash Balances (Actual FY 2014–FY 2018) Description FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Total Recurring Revenues 36,027,958 37,277,584 38,446,687 38,267,490 42,988,208 Total Non-Recurring Revenues — 26,920 5,086 27,600 28,753 Total Revenues: 36,027,958 37,304,504 38,451,773 38,295,090 43,016,961 Total Recurring Expenses 32,742,708 33,369,218 34,774,022 36,306,018 38,418,152 Total Non-Recurring Expenditures — — — — — Total Expenses: 32,742,708 33,369,218 34,774,022 36,306,018 38,418,152 Net Income (Deficit): 3,285,250 3,935,286 3,677,751 1,989,072 4,598,809 Beginning Fund Balance 16,401,973 19,687,223 23,622,509 27,300,260 29,289,332 Ending Fund Balance 19,687,223 23,622,509 27,300,260 29,289,332 33,888,141 Cash Balances: 16,071,590 18,855,794 21,913,550 24,539,163 28,742,686 % of Recurring Expenses: 49.08% 56.51% 63.02% 67.59% 74.82% Figure 12: Town of Vail General Fund Budget (FY 2019) $7,192,556 17% $3,219,257 8% $11,244,860 27%$5,121,856 12% $12,281,082 29% $2,357,788 6% $450,000 1% General government Economic development Public safety Culture & recreation Public works & transportation Transfers out Planning expenditures FY 2019 Budget: $41,867,399 March 3, 2020 - Page 195 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 13 Figure 13: Town of Vail Financials (Adopted FY 2019 Budget–Projected FY 2023) Description Budget FY 2019 Projected FY 2020 FY 2021 FY 2022 FY 2023 Sales Tax 16,790,000 17,293,000 17,812,000 18,346,000 18,897,000 Property Tax 5,300,000 5,552,500 5,552,500 5,817,600 5,817,600 Ski Lift Tax 5,025,000 5,750,000 6,035,000 6,340,000 6,466,800 Franchise Fees & Other Taxes 1,142,925 1,178,071 1,212,061 1,249,324 1,287,750 Total Taxes: 28,257,925 29,773,571 30,611,561 31,752,924 32,469,150 Permits & Licenses 2,343,328 2,410,751 2,480,140 2,551,552 2,625,046 Intergovernmental Revenue 1,977,104 2,016,164 2,057,350 2,089,625 2,133,025 Charges for Services 7,775,038 7,936,852 8,118,310 8,314,030 8,516,549 Investment Income 200,000 200,000 200,000 200,000 200,000 Other 259,000 259,000 259,000 259,000 259,000 Total Recurring Revenue: 40,812,395 42,596,338 43,726,361 45,167,131 46,202,770 Salaries 19,319,540 19,899,126 20,496,100 21,110,983 21,744,312 Benefits 7,408,944 7,631,212 7,860,149 8,095,953 8,338,832 Salaries & Benefits: 26,728,484 27,530,339 28,356,249 29,206,936 30,083,144 Other Operating Expenses 7,997,284 8,157,230 8,320,374 8,486,782 8,656,517 Heavy Equipment Operating 2,497,629 2,572,558 2,649,735 2,729,227 2,811,103 Heavy Equip. Replacement 755,279 777,937 801,275 825,314 850,073 Dispatch Services 669,590 689,678 710,368 731,679 753,629 Special Events 411,345 419,572 427,963 436,523 445,253 Total Recurring Expense: 39,059,611 40,147,313 41,265,964 42,416,460 43,599,721 Net Revenue Over Expense: 1,752,784 2,449,025 2,460,397 2,750,671 2,603,049 Transfers to Other Funds 2,357,788 2,404,944 2,453,043 2,502,103 2,552,146 Civic Area/Dobson Master Plan 125,000 — — — — West Vail Master Plan 325,000 — — — — Non-Recurring Expenditure: 2,807,788 2,404,944 2,453,043 2,502,103 2,552,146 Net Surplus (Deficit): (1,055,004) 44,081 7,354 248,568 50,904 Beginning Fund Balance: 28,813,183 27,758,179 27,802,260 27,809,614 28,058,182 Ending Fund Balance: 27,758,179 17,802,260 27,809,614 28,058,182 28,109,085 March 3, 2020 - Page 196 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 14 Vail Fire and Emergency Services The Town Council provides budget guidance for the fire department. The Fire Chief submits the department’s budget proposal to the Finance Director and Town Manager. The Town Manager’s budget is submitted to the Town Council for discussion and approval. The Town of Vail General Fund provides the fire department’s operating funds and are generated primarily from sales taxes and property taxes. The fire department is also allocated a portion of funds generated from the real estate transfer tax. This allocation is used to fund the wildland program costs. Additionally, the department bills for fire response and inspection fees which are accounted for in the General Fund revenues of the Town. The department provides services under a contract to Eagle County for response to Vail Pass. VFES has seen growth in its total costs from $3,857,770 in CY 2015 to $4,671,171 in CY 2018, an increase of 21.1%. The next figure shows the total operating expenditure history and the funding from sources, including the Town’s General Fund for the previous four calendar years. Figure 14: VFES Actual Expenditures by Year (CY 2015–CY 2018) Description CY 2015 CY 2016 CY 2017 CY 2018 Fire Suppression 3,586,490 3,901,681 4,223,405 4,430,516 Fire Prevention 72,367 6,393 8,740 9,188 General Fund Totals: 3,658,857 3,908,074 4,232,145 4,439,704 Real estate transfer tax funded expenses 198,913 201,638 241,430 231,468 Total Expenditures: 3,857,770 4,109,712 4,473,575 4,671,172 Findings: • The Council requires the Town to operate within a balanced budget, with certain exceptions. • The Town has a comprehensive set of financial policies. • The Town Council increased its General Fund required reserves from 25% of annual revenues to 30% of annual revenues in CY 2018. • The Town of Vail has not established an apparatus replacement program to fund fire apparatus or transportation resources that have reached the end of their functional lives. March 3, 2020 - Page 197 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 15 STAFFING & PERSONNEL Contemporary emergency services organizations consider personnel as their most valuable asset. Managing firefighters to achieve maximum efficiency, professionalism, and personal satisfaction is an art as much as a science. Consistency, fairness, safety, and opportunities for personal and professional growth are key values in a healthy public safety management culture. In this section of the Community Risk Assessment: Standards of Cover (CRA/SOC), ESCI compares the ratio of administrative and support positions to total organizational staffing for VFES to industry best practices. An appropriate balance of administrative and support staff, compared to operational resources and service levels, is an important consideration to achieving organizational success. ESCI also evaluates operations staffing levels to determine if enough resources exist to appropriately staff units on any given day, and if the scheduling and deployment of these resources are efficiently applied. Several national organizations recommend standards to address staffing issues. The Occupational Health & Safety Administration (OSHA) Respiratory Protection Standard and the National Fire Protection Association (NFPA) Standard 1710 (which is the standard applicable to VFES) are frequently cited as authoritative documents.2,3 In addition, the Center for Public Safety Excellence (CPSE) publishes benchmarks for the number of personnel recommended on the emergency scene for various levels of risk. Administrative & Support Staffing Levels A full-time Fire Chief manages VFES, who directly manages five officers and oversees a total of 41 employees. The Fire Chief reports to the Town Manager. A full-time Fire Marshal is responsible for all fire code enforcement functions, including plan reviews, fire inspections, and fire investigations. A part-time (20 hours/week) Administrative Assistant supports the administrative needs as well. Administrative Staffing Discussion Analyzing the ratio of administrative and support positions to the total operational positions of a fire department facilitates an understanding of the relative number of resources committed to this important function. The level of administrative uniformed and civilian support staff in VFES is very low. ESCI recognizes that many of the required administrative duties for the fire department are likely supported by other Town departments, including but not limited to; Finance, Public Works/Fleet, Human Resources/Administrative Services, and the Town Attorney. It is important to note that the lack of “bench depth” in department administration may result in the limitation of normal operations if an administrative employee becomes unavailable for work for an extended period. This can also be exacerbated if uniformed administrative employees are required to routinely respond to emergency incidents as part of their regular work activities. March 3, 2020 - Page 198 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 16 One administrative area of potential concern is the various roles of the Fire Marshal position. While fire investigations likely occur infrequently, the other functions of plan reviews and code enforcement inspections are significant, especially given the continued growth in the Vail-Eagle County area. ESCI noted that VFES has an engine company inspection program, overseen by the Fire Marshal, which helps reduce the Fire Marshal’s inspection burden. However, the lack of administrative “back-up” in this position may compromise this important program if the Fire Marshal is on leave for an extended period, as the position provides the technical expertise and code enforcement experience necessary to support the engine company crews. With that said, an administrative Fire Inspector position was added in January 2020 to assist in fire code enforcement. Emergency Operations Staffing ESCI evaluated the type and number of career operations staff positions. The following figure summarizes the number of career operations positions in VFES. Figure 15: Career Operations Staff Positions Operations Positions VFES Battalion Chief 3 Lieutenant 9 Engineer/Apparatus Operator 9 Firefighter/EMT 12 Seasonal Wildland Firefighters 6 Wildland Program Manager 1 Total Operations Positions: 40 Percent Officers to Firefighters: 32% The following figure shows the minimum operations staffing at each station. March 3, 2020 - Page 199 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 17 Figure 16: Station Minimum Staffing Stations Assigned Personnel Station 1 Lieutenant 1 Engineer/Apparatus Operator 1 Firefighter/EMT 1 Station 2 Lieutenant 1 Engineer/Apparatus Operator 1 Firefighter/EMT 1 Station 3 Battalion Chief 1 Lieutenant 1 Engineer/Apparatus Operator 1 Firefighter/EMT 1 Total Shift Positions: 10 VFES operations personnel work a 48 hours-on, 96 hours-off shift rotation schedule. They do not have a collective bargaining agreement. If a shift occurs during a holiday, the employee works the holiday at double time rate of pay. Vacation or accrued compensatory time may be used to schedule a holiday off, consistent with department scheduling policy, which also dictates that only one person can schedule vacation off per shift. Vacation shifts are bid by seniority during the last month of the previous year. The following figure summarizes the shift schedule, FLSA work period, and average scheduled hours for operations employees. Figure 17: Operations Staff Work Schedule Schedule Description VFES Shift Rotation 48-on/96-off Average Workweek Hours 56 hours FLSA Work Period 28 days Total Annual Hours 2,920 hours Shift Start Time 0700 hours ESCI calculated the theoretical total number of full-time employees required to meet the various average leave hours used by employees in 2018 and compared the results to the current number of operations employees assigned to 24-hour staffed units. March 3, 2020 - Page 200 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 18 The analysis compared the average available scheduled weekly work hours per employee, subtracted the average various leave types—based on 2018 historical leave-use data—and calculated sick and vacation relief factors. ESCI then multiplied the number of personnel needed to cover a single position at 24-hours daily, with the relief factor, to determine the total number of employees required to meet daily minimum staffing. This did not take into account the seasonal wildland firefighter personnel. The following figure summarizes the results of these calculations. Figure 18: Theoretical Relief Factor Calculation, 2018 Relief Factor VFES Sick Leave 1.04 Vacation Leave 1.17 Total Relief Factor: 1.14 The total leave factors were multiplied by the number of personnel needed to cover one 24-hour position. The following figure compares the theoretical number of positions needed with the current number of employees assigned to the work schedules. Figure 19: Vail Fire & Emergency Services Calculated Operational Staff Shortage/Overage No. Positions Required 24/7 Total No. Operations FTEs Theoretical No. FTEs Shortage/Overage 10 33 34 -1 As shown previously, the number of total VFES career operations staff is theoretically short by one position to cover the average scheduled and unscheduled leaves used in 2018. Reconciling the results of this staffing resource analysis with current staffing levels and resource allocation strategies in VFES should be approached carefully. In ESCI’s experience, the theoretical analysis does not necessarily take into account an organization’s inherent flexibility and resources, which can potentially be leveraged to reduce workload and personnel costs. Nor does it factor in use of overtime to cover leaves, administrative decisions related to leave coverage, or the ongoing costs of providing various benefits to full-time employees. Full-time employee benefit expenses—which can be as high as 40% of salaries—must be considered when weighing the cost of adding full-time employees to provide additional relief coverage, versus using overtime or part-time employees who may not receive benefits. While the calculation identified a shortage of one position to cover leaves, this would only provide additional leave coverage on one shift, unless the additional employee worked a unique schedule that would “bounce” between shifts. Adding a total of three positions would provide additional relief coverage uniformly across the shifts. March 3, 2020 - Page 201 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 19 Operations Scheduling Discussion ESCI understands VFES operations employees work a 48 hours on-duty/96 hours off-duty schedule. The 24- hour shift remains the predominant schedule for fire departments in the Western United States. However, some departments have recently transitioned to a 48 hours on-duty/96 hours off-duty shift schedule, citing research that suggests longer periods of off duty time allows for full restoration of healthy sleep patterns. ESCI has conducted studies of fire departments located in similar resort communities and found that the 48/96 schedule is attractive to the employees, as many have to commute long distances due to the high cost of living and housing characteristics in the communities they serve. In fact, this shift schedule is commonly used in Eagle County and other Colorado fire departments. ESCI confirmed during the site visit that this is the case in VFES as well. While the 48/96 schedule is attractive from commuting and large blocks of time off perspectives, it does have drawbacks, including cumulative fatigue. One comparative analysis of the 24-hour work shift and the 48-hour work shift with varying number of days off between work shifts suggested that the work/rest ratio was the same between the two schedules.4 The author noted the positive benefits of increased relaxation and family engagement afforded by the 96 hours off-duty time and suggested that this results in a better rested and healthier employee. However, she also cautioned that the employee might be at risk for excessive fatigue in the second half of the shift if their sleep was significantly disrupted during the first shift. The author noted: Lastly, fire companies or truck units that have three or more calls per night, resulting in insufficient deep, restorative sleep for the brain to function effectively will be too sleep-deprived to be safe and effective in their second 24-hour on-duty day. In this latter case, the safety and performance risks created by the 48/96 schedule outweigh the family, social, and morale benefits of this schedule design. The EMS community has also been concerned for some time about the negative physical and mental effects of lengthy EMS shifts and the implications on safety. An Interim Safety Advisory Committee of the National EMS Advisory Council addressed the issue of fatigue in EMS workers in a report published in 2012.5 The review of the existing research literature and government work-hour regulations noted a profound lack of research specific to the EMS environment. It noted that much more research—specific to the EMS environment—is needed to quantify and validate the issue of fatigue among EMS providers, along with identifying strategies to address the issue within the EMS environment. However, they clearly expressed their expert opinion that poor sleep and fatigue is a threat to the safety of EMS workers and their patients. The practice of shift trades is another aspect of the 48/96 schedule that can present fatigue challenges. VFES employees are allowed to work shift trades that extend their on-duty period up to 24 additional hours, for a total of 72 hours. Any hours worked beyond 72 consecutive hours must be approved by the Fire Chief. The current shift configuration and shift exchange practices should be carefully scrutinized, as they may introduce potential liabilities and safety issues for VFES and its employees. March 3, 2020 - Page 202 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 20 Risk Assessment Methodology In September 2019, VFES administrative staff completed a series of worksheets to identify, assess, categorize, and classify risks within the service area. The components evaluated included the probability of risk, consequences to the community, and impact on the VFES organization through a critical tasking analysis. These components were graded based on the following criteria. Figure 20: Risk Assessment Scoring Methodology Score Probability Consequence Impact 2 Rarely (annual or longer) No life or property loss < 4 personnel 4 Quarterly Life or property impaired 4–7 personnel 6 Monthly Life or property loss 8–11 personnel 8 Weekly Loss > 1 life or property loss 12 to 17 personnel 10 Daily Loss > 3 lives or major building > 17 personnel The Three-Axis Heron’s Formula was then used to calculate risk. This model was selected because it provided a more accurate means of communicating the organizational impact of the emergent responses. The formula takes into account the probability of occurrence, the severity of consequence, and the impact to fire department resources.6 The following illustrates the Three-Axis Heron’s Formula: The risk is graphically illustrated through a three-axis model as follows: P = Probability (Y-Axis) C = Consequences (X-Axis) I = Impact (Z-Axis) VFES is responsible for providing four major services that include (1) Fire Response, (2) Medical Response, (3) Rescue Response, and (4) Hazardous Materials Response. This risk assessment was applied to each of the aforementioned areas to calculate a risk category of (1) Low, (2) Moderate, (3) High, and (4) Extreme. The ranking scale was set to establish two (2) as the lowest score and ten (10) as the highest score to illustrate the risk score. Incident Risk Assessments This section identifies and quantifies the hazards and risks most commonly encountered by VFES. It does not address all potential risks in the community, or potential natural hazards such as earthquakes, avalanches, storms, flooding, etc. (PC)2 + (CI)2 + (IP)2 2 Risk = March 3, 2020 - Page 203 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 21 Fire Response VFES is responsible for mitigating a wide array of fire-related incidents that range from low-risk dumpster fires to the extreme risk associated with a high-rise fire or large wildland-urban interface fire. As referenced previously, a standardized risk assessment scoring process was applied to a sample incident in each of the risk categories. VFES is currently minimally staffed only to handle low fire risks. Moderate, high, and extreme risk fires will require additional staffing from staff officers, hire back personnel, and/or aid from neighboring jurisdictions. The following figure illustrates the risks and illustrates the organizational and community impact during fire responses. Figure 21: Fire Incident Risk Assessment Description Low Moderate High Extreme Risk Score Range 0 to 24.99 25 to 49.99 50 to 69.99 70 to 100 Incident Type: Dumpster Fire House Fire Apartment Fire Large Wildland Interface Fire Risk Score P C I P C I P C I P C I 4 3 4 4 8 10 4 10 10 4 10 10 Score Assigned 16.44 67.17 81.24 81.24 Risk Classification March 3, 2020 - Page 204 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 22 Wildfire Risk Vail is surrounded by steep topography, natural vegetation, and weather that creates a significant risk for a wildland-urban interface fire during the summer months. The Town of Vail is creating a Community Wildfire Protection Plan to help prepare for this potential and to address the unique wildfire exposures within the town limits, including addressing the dense urban environment, which could result in an urban wildfire conflagration. In 2003, Eagle County enacted specific wildfire protection regulations that address requirements for exterior building materials, property access, water supply/hydrants, and landscaping maintenance/defensible space.7 Additionally, the Eagle County Community Wildfire Protection Plan provides more detail about the wildfire hazard and associated risk in their response area, which surrounds Vail. The Plan includes the following statement: The Eagle River Fire Protection District has had few wildland fires greater than 10 acres. Wildfires are not infrequent, though they are usually small. Under the right conditions (low relative humidity, high winds and temperatures, and drought) extreme fire behavior is possible, especially when combined with effects of the ongoing mountain pine beetle epidemic. Adding in the current infrastructure and home construction, the area has a high to very high risk from wildfire. If such an event were to happen, it is likely that the community would experience multiple structure losses.8 Eagle County faces the challenges of potential wildland fires throughout the year. Years with a limited snowpack can result in dry conditions and corresponding wildfires even in the winter. Combined with weather and topography, sustained wind speeds in excess of 40 miles per hour, can quickly reduce overall humidity, dry out vegetation, and spread a fire quickly. To help mitigate this risk, the Town of Vail maintains a full-time Wildland Program Manager position, responsible for preparing, educating, and coordinating fuels reduction projects. This Program Manager annually hires a wildland firefighting crew that operates seasonally from May through October. This crew is tasked with reducing hazardous fuels around structures in the WUI, educating the public about wildfire dangers and preventative actions, and responding to wildfires. In addition, these employees may be deployed to out-of-area fires, however when one module deploys, the other module backfills to maintain seven-day week staffing. March 3, 2020 - Page 205 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 23 Medical Response The VFES is a first-responder organization that plays an integral role in stabilizing and treating prehospital medical emergencies. All members are cross-trained firefighter/EMTs. Eagle County Paramedic Services provides advanced life support pre-hospital care and transport. Cardiac arrest or mass casualty outcomes are highly influenced by early activation of 911 and the initiation of prehospital stabilization and emergent transport. The ability to arrive quickly with trained personnel is essential to reducing life loss in critically injured and ill patients. The following figure illustrates the risk of various medical incident responses. Figure 22: Medical Incident Risk Assessment Description Low Moderate High Extreme Risk Score Range 0 to 24.99 25 to 49.99 50 to 69.99 70 to 100 Incident Type: Sick Person Cardiac Arrest MVC w/ 3 Patients MCI Risk Score P C I P C I P C I P C I 10 4 4 4 6 6 4 6 6 4 6 6 Score Assigned 41.56 34.98 34.98 34.98 Risk Classification March 3, 2020 - Page 206 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 24 Rescue Response Rescue services include a wide variety of technical and specialized skills that can sometimes exceed the training, staffing, or equipment needs of an agency. The topography, natural hazards, and technological hazards in the service area includes fast-moving water, frozen lakes and ponds, cliffs and steep terrain, and confined spaces. VFES operations personnel are trained and equipped to manage low to high-risk incidents that range from the routine elevator rescue to the more technical and resource-intensive confined space, high angle/steep angle, and swiftwater rescues. The department relies upon mutual and automatic aid resources from Eagle River Fire Protection District to assist during concurrent and extreme risk rescues that include building collapse, trench rescue, or confined space incidents. Backcountry rescue responses may be coordinated through Vail Mountain Rescue Group The following figure highlights the rescue risk per risk category. Figure 23: Rescue Incident Risk Assessment Description Low Moderate High Extreme Risk Score Range 0 to 24.99 25 to 49.99 50 to 69.99 70 to 100 Incident Type: Elevator MVC Extrication Swift Water Building Collapse Risk Score P C I P C I P C I P C I 8 2 2 6 6 4 4 8 8 2 10 10 Score Assigned 16.25 34.99 55.43 73.48 Risk Classification March 3, 2020 - Page 207 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 25 Motor Vehicle Collision Rescue Discussion VFES provides emergency response to motor vehicle collisions on a portion of Interstate 70, many of which are high-speed collisions that result in significant injuries and fatalities and require a significant response. During the site visit, ESCI noted that VFES personnel expressed significant safety concerns about scene operations at these incidents, especially during adverse weather and visibility conditions, as they typically do not have the ability to quickly and properly block the scene to prevent potential secondary collisions that could increasingly impact the scene. The International Association of Fire Chiefs distributed an urgent Safety Bulletin in February 2019, which emphasized a significant recent increase in firefighter fatalities and injuries resulting from being struck by vehicles at roadway incident scenes. In this bulletin, fire departments were asked to conduct a “Safety Stand- down” to educate responders on the unique roadway hazards and safety steps necessary to protect themselves on the roadway.9 To help address this hazard, the Grand Rapids, Michigan Fire Department took the unique approach in adding a specialized vehicle solely designed to quickly and effectively block roadway incident scenes, without exposing expensive fire apparatus to collision damage. They obtained a donated surplus dump truck from a public works department and outfitted it for the single purpose of safely blocking incident scenes.10 The following figure shows this vehicle. Figure 24: Roadway Blocking Vehicle ESCI noted that the Station 1’s 3-person crew responds on their engine to I-70 roadway incidents. This unit is used to block the roadway as safely as possible, yet still be close enough to allow access to the necessary tools and equipment needed at the scene. March 3, 2020 - Page 208 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 26 Hazardous Materials Response As is common in the primary service areas, hazardous materials responses range from the routine and low- risk fluid spill to the more extreme risk associated with a semi-truck tanker or commodities delivery vehicle accidents involving unknown or dangerous materials. In the early stages of a hazardous materials incident, it may be necessary to send additional VFES resources and/or request resources from the Regional Hazardous Materials Association of Eagle County (RHMAEC) to isolate, control, and clean up a spill site. VFES is a member of RHMAEC and has access to the specialized equipment and other resources upon request. All operations personnel are trained to the Operations level, and currently VFES has approximately two Hazardous Materials Technicians per shift. The following figure illustrates the risk matrix. Figure 25: Hazardous Materials Incident Risk Assessment Description Low Moderate High Extreme Risk Score Range 0 to 24.99 25 to 49.99 50 to 69.99 70 to 100 Incident Type: Fuel Spill NG Gas Leak 18-Wheeler Rail Car Incident Risk Score P C I P C I P C I P C I 6 2 2 8 6 4 2 8 8 2 10 10 Score Assigned 12.32 34.99 55.43 73.48 Risk Classification No Extreme Haz-Mat Risk March 3, 2020 - Page 209 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 27 Critical Tasking Assessment Analysis of the critical tasking serves as the foundation of the Deployment section of this report to encourage a stronger correlation between risk and resources. This is formally known as the effective response force (ERF). Additionally, the reserve capacity (RC) of the organization is determined by quantifying the remaining personnel available to respond to a concurrent incident(s). Tasks that must be performed at a fire can be broken down into two key components—life safety and fire flow. Life safety tasks are based on the number of building occupants and their location, status, and ability to take self-preservation actions. Life safety-related tasks involve the search, rescue, and evacuation of victims. The fire flow component involves delivering sufficient water to extinguish the fire and create an environment within the building that allows entry by firefighters. The number and types of tasks needing simultaneous action will dictate the minimum number of firefighters required to combat different types of fires. In the absence of adequate personnel to perform concurrent action, the commanding officer must prioritize the tasks and complete them in chronological order. These tasks include initiating command, scene safety, search and rescue, fire attack, water supply, pump operation, ventilation, and back-up/rapid intervention. An initial full alarm assignment should include the following:11 • Establishment of incident command outside of the hazard area for the overall coordination and direction of the initial full alarm assignment. A minimum of one individual shall be dedicated to this task. • Establishment of an uninterrupted water supply of a minimum of 400 GPM for 30 minutes. Supply line(s) shall be maintained by an operator who shall ensure an uninterrupted water flow application. • Establishment of an effective water flow application rate of 300 GPM from two handlines, each of which shall have a minimum of 100 GPM. Each attack and a backup line shall be operated by a minimum of two individuals to effectively and safely maintain the line. • Provision of one support person for each attack and backup line deployed to provide hydrant hookup and to assist in line lays, utility control, and forcible entry. • A minimum of one victim search and rescue team shall be part of the initial full alarm assignment. Each search and rescue team shall consist of a minimum of two individuals. • A minimum of one ventilation team shall be part of the initial full alarm assignment. Each ventilation team shall consist of a minimum of two individuals. • If an aerial device is used in operations, one person shall function as an aerial operator who shall maintain primary control of the aerial device at all times. • Establishment of an IRIC (Initial Rapid Intervention Company, Rapid Intervention Team) that shall consist of a minimum of two properly equipped and trained individuals. March 3, 2020 - Page 210 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 28 The Commission on Fire Accreditation International (CFAI) provides a sample critical tasking analysis for the number of emergency workers required for various levels of risk.18 The following figure illustrates an example of critical tasking and personnel requirements for each fire risk category as recommended by NFPA 1710. Figure 26: Critical Tasking & ERF for Fire-Risk Categories Task Low Risk (Dumpster Fire) Moderate Risk (House) High Risk (Apartment) Extreme Risk (High-Rise) Command 1 1 2 2 Apparatus Operator 1 1 2 1 Handlines (2 members on each) 2 4 6 4 Support Members 2 2 3 Victim Search & Rescue Team 2 4 4 Ground Ladders/Ventilation 2 4 Aerial Operator (if ladder used) (1) (1) Initial Rapid Intervention Team 4 4 Initial Medical Care Component 2 Building Fire Pump Monitor (if equipped) (1) Hoseline–Floor Above Fire 2 Rapid Intervention Team 4 Accountability Officers (fire floor & floor above) 4 Evacuation Management Teams 4 Elevator Operations Manager 1 Incident Safety Officer 1 Interior Staging Manager 1 Member Rehabilitation 2 Vertical Ventilation Crew 4 Lobby Control 1 Transport Equipment 2 External Base Operations 1 EMS Crews with Transport 4 Total Required: 6 16 (17) 27 (28) 42 (43) March 3, 2020 - Page 211 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 29 Effective Response Force Discussion As shown in Figure 26, VFES on-duty staffing levels are not sufficient to mitigate anything more than a low- risk incident. Structure fires, complex extrication, wildfires with structural impingement, large hazardous materials releases, etc., require more personnel to contain safely. As a result, automatic and mutual aid Eagle County fire resources are routinely deployed along with VFES crews to these incident types. However, there are only ten fire stations in the entire county, and they are located some distance away, resulting in a delay in timely response—especially during inclement winter weather—to assist in aggressive and safe incident mitigation. ESCI understands that sprinkler or fire alarm systems protect almost all structures within the town. This significant fire risk mitigation factor helps reduce the risk of a structure fire or urban conflagration. However, inadequate installation or maintenance of these systems can lead to failure, allowing a fire to grow from the incipient phase quickly. Additionally, most fire sprinkler systems are designed to suppress fires that start inside the home. Given Vail’s topography, weather, embedded built environment, and vegetation fuel load, an outside fire started in the wildland-urban interface (WUI) can quickly spread into adjacent land and structures. Lastly, given its relatively remote location and minimal staffing levels, a significant incident (for example, a structure fire) in Vail depletes the department’s ability to respond to another concurrent emergency incident, requiring the dispatching of mutual aid resources. March 3, 2020 - Page 212 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 30 CAPITAL FACILITIES & APPARATUS Three basic resources are required to successfully carry out the mission of a fire department―trained personnel, firefighting apparatus and equipment, and fire stations. No matter how competent or numerous the firefighters, if appropriate capital equipment is not available for use by responders, it would be impossible for VFES to deliver services effectively. The most essential capital assets for use in emergency operations are facilities and apparatus (response vehicles). Of course, the fire department’s financing ability will determine the level of capital equipment it can acquire and make available for use by emergency personnel. This section of the report is an assessment of the respective capital facilities, vehicles, and apparatus of VFES. Fire Stations & Other Facilities Fire stations play an integral role in the delivery of emergency services for several reasons. A station’s location will dictate, to a large degree, response times to emergencies. A poorly located station can mean the difference between confining a fire to a single room and losing the structure. Fire stations also need to be designed to adequately house equipment and apparatus, as well as meet the needs of the organization and its personnel. It is important to research needs based on service-demand, response times, types of emergencies, and projected growth prior to making a station placement commitment. Consideration should be given to a fire station’s ability to support Vail Fire & Emergency Services’ mission as it exists today, and into the future. The activities that take place within a fire station should be closely examined to ensure the structure is adequate in both size and function. Examples of these functions may include: • The housing and cleaning of fire apparatus and other vehicles and equipment, including decontamination and disposal of biohazards. • Residential living space and sleeping quarters for on-duty personnel (all genders). • Kitchen facilities, appliances, and storage. • Bathrooms and showers (all genders). • Administrative and management offices; computer stations and office facilities for personnel. • Training, classroom, and library areas. • Firefighter and EMS-provider fitness area. • Public meeting space. In gathering information from VFES, ESCI asked the department to rate the condition of each of its fire stations using the criteria in the following figure. March 3, 2020 - Page 213 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 31 Figure 27: Criteria Utilized to Determine Fire Station Condition Excellent Like new condition. No visible structural defects. The facility is clean and well maintained. Interior layout is conducive to function with no unnecessary impediments to the apparatus bays or offices. No significant defect history. Building design and construction match the building’s purposes. Age is typically less than 10 years. Good The exterior has a good appearance with minor or no defects. Clean lines, good workflow design, and only minor wear of the building interior. Roof and apparatus apron are in good working order, absent any significant full-thickness cracks or crumbling of apron surface or visible roof patches or leaks. Building design and construction match the building’s purposes. Age is typically less than 20 years. Fair The building appears to be structurally sound with weathered appearance and minor to moderate non-structural defects. The interior condition shows normal wear and tear but flows effectively to the apparatus bay or offices. Mechanical systems are in working order. Building design and construction may not match the building’s purposes well. Showing increasing age-related maintenance, but with no critical defects. Age is typically 30 years or more. Poor The building appears to be cosmetically weathered and worn with potentially structural defects, although not imminently dangerous or unsafe. Large, multiple full- thickness cracks and crumbling of concrete on apron may exist. The roof has evidence of leaking and/or multiple repairs. The interior is poorly maintained or showing signs of advanced deterioration with moderate to significant non-structural defects. Problematic age-related maintenance and/or major defects are evident. May not be well suited to its intended purpose. Age is typically greater than 40 years. ESCI toured each of the three fire stations owned and operated by VFES and, combined with the information provided by the department, produced the observations listed in the following figures. March 3, 2020 - Page 214 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 32 Figure 28: VFES Fire Station 1 (East Vail) Address/Physical Location: 4116 Columbine Dr, Vail, CO 81657 General Description: Station 1 houses Engine 1 (four-wheel drive) and Ladder 1 (reserve ladder and four-wheel drive), which are cross-staffed by three firefighters. The station also contains a small equipment repair area as well as other equipment storage areas. The station is a three-story facility with individual sleeping quarters for each firefighter, along with extra space for additional firefighters. Two employee housing units are attached for residential two-year housing agreements; two- bedroom and a studio apartment. Structure Construction Type Type 3 Date of Construction Remodel/addition 2016/2017 Seismic Protection N0 Auxiliary Power Yes, separate access to the generator. General Condition Excellent Number of Apparatus Bays 0 Drive-through bays 2 Back-in bays Special Considerations (ADA, etc.) ADA downstairs only Square Footage 30,821 Facilities Available Separate Rooms/Dormitory/Other 4 Bedrooms 4 Beds 0 Dormitory Beds Maximum Station Staffing Capability 4 Exercise/Workout Facilities Yes Kitchen Facilities Yes Individual Lockers/Storage Assigned Yes Shower Facilities Yes Training/Meeting Rooms Yes, including video conferencing. Washer/Dryer Yes, laundry washer/dryer and extractor washer/gear dryer. Safety & Security Sprinklers Yes Smoke Detection Yes Decontamination/Biohazard Disposal Yes, eye wash station and sharps container. Security Yes Apparatus Exhaust System Yes, exhaust eliminators for each apparatus. March 3, 2020 - Page 215 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 33 Figure 29: VFES Fire Station 2 (Main Vail) Address/Physical Location: 42 W Meadow Dr, Vail, CO 81657 General Description: Station 2 houses Engine 2 (2014), Brush 2 (2011), and a reserve engine (2007). Two employee housing units are attached for residential two-year housing agreements; three- bedroom and a one-bedroom apartment. Hard Cover Kits are mounted at Station 2 to provide radio communications for Summit County and Eagle River mutual aid units. Structure Construction Type Type 3 Date of Construction Remodel July 2012 Seismic Protection No Auxiliary Power Yes, the generator is located in the apparatus bay. General Condition Excellent Number of Apparatus Bays 0 Drive-through bays 3 Back-in bays Special Considerations (ADA, etc.) ADA downstairs only Square Footage 9,558 Facilities Available Separate Rooms/Dormitory/Other 4 Bedrooms 4 Beds 0 Dormitory Beds Maximum Station Staffing Capability 4 Exercise/Workout Facilities No, off-site facility only. Kitchen Facilities Yes Individual Lockers/Storage Assigned Yes Shower Facilities Yes Training/Meeting Rooms Yes, including video conferencing. Washer/Dryer Yes, laundry only. Safety & Security Sprinklers Yes Smoke Detection Yes Decontamination/Biohazard Disposal Yes, decon shower and eye wash station available in the bay. Security Yes Apparatus Exhaust System Yes, for each apparatus. March 3, 2020 - Page 216 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 34 Figure 30: VFES Fire Station 3 (East Vail) Address/Physical Location: 2399 N Frontage Road W, Vail, CO 81657 General Description: The fire department’s administrative offices are located at Station 3. Vail mobile communications unit is housed inside the engine bay as well. Administrative facilities are being moved to the third floor in 2020. Structure Construction Type Type 2 & 3 Date of Construction 2010/2011 (Station 3 is the newest of the three stations) Seismic Protection No Auxiliary Power Yes, Generator has separate room access. General Condition Excellent Number of Apparatus Bays 2 Drive-through bays 1 Back-in bays Special Considerations (ADA, etc.) ADA downstairs & elevators Square Footage 59,467 Facilities Available Separate Rooms/Dormitory/Other 4 Bedrooms 4 Beds 0 Dormitory Beds Maximum Station Staffing Capability 4 (additional during Wildland season) Exercise/Workout Facilities Yes Kitchen Facilities Yes Individual Lockers/Storage Assigned Yes. Shower Facilities Yes Training/Meeting Rooms Yes Washer/Dryer Yes, laundry and turnout gear washer/dryer. Safety & Security Sprinklers Yes Smoke Detection Yes, also CO detector and monitored. Decontamination/Biohazard Disposal Yes Security Yes Apparatus Exhaust System Yes, exhaust eliminators for engine and tower only. March 3, 2020 - Page 217 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 35 Summary of the Fire Station Facilities VFES maintains well-designed and functional fire stations. Station 3 is the most recently constructed (2011), while Station 2 was remodeled in 2012. Station 1 was remodeled with a building addition in 2016/2017. All stations are designed to accommodate separate sleeping quarters and exercise rooms with the exception of Station 2 that does not have an exercise room. During its tour of each of the fire stations, ESCI observed: • Ingress and egress from Station 2 are severely compromised during festivals, farmer’s market day, and other Town of Vail activities. In addition, the station is not equipped with drive-through bays, requiring personnel to back apparatus into the station. • Station 2 needs an extractor washer/gear dryer. NFPA 1851: Standard on Section, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting recommends fire departments clean dirty gear as soon as possible after exposure to fire, body fluids, or hazardous materials to preserve the protective qualities of the gear. ESCI further recommends VFES include the use of forced ventilation air drying systems with proper air circulation. • The generator at Station 2 is located in the apparatus bay, with no separate access or room to reduce noise and exhaust levels. CO detector is located in the area. NFPA 110: Standard for Emergency and Standby Power Systems states that for generators located indoors, ventilation must be considered, and the heat from engine radiator, alternator, and exhaust systems must be vented to atmosphere to obtain proper room temperature. The room in which the generator is located must be separated from the rest of the building by construction with a 2-hour fire-resistance rating. In addition, the room should be designed and located to minimize damage from flooding, including flooding resulting from firefighting, sewer water backup, and other disasters or occurrences. • Stations 1, 2, and 3 bunker gear lockers are located in individual lockers in the engine bays or in rooms only separated from the engine bay by a concrete block wall. VFES should consider storing bunker gear in a separate room with ventilation to avoid exposure to diesel exhaust and other contaminants. NFPA 1500: Standard on Fire Department Occupational Safety, Health and Wellness Programs states that PPE should be stored away from the sun and with little fluorescent lighting. The space needs to have ventilation to remove particulates from the area and needs to be away from the living area. • Stations 1 and 2 have no space available for additional apparatus. • Station 3 has space available for additional apparatus if the mobile communication unit is moved to another facility. March 3, 2020 - Page 218 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 36 Station-Related Information Technology Opportunity costs may exist, in the context of time economization, if elements of the workday are “burned up” performing antiquated tasks rather than spending time on the five Es. The Es are impact actions with problems in Education, Enforcement, Engineering, Economics, and Emergency Response. Information Technology (IT) can significantly improve efficiency and efficacy or routine daily activities. The areas to review: • RMS Software—NFIRS software, timekeeping software, training records, pre-fires, inspection, or occupancy. • Daily Calendar—scheduling and planning. Much can be accomplished if the firefighters can better plan their days. • Telephone, tele-conferencing capacities—Audio/Visual. • Handheld devices with appropriate application software—iPhones, tablets, communication equipment, PPE with smart features, air packs with location and biometrics. These issues can be great talking points when crews discuss the priorities of the day. An IT infrastructure can be used as a tool to help save time, add value to the workday, and safety on the fireground. Apparatus & Vehicles This section of the report describes the frontline fleet inventory of VFES, which includes emergency response apparatus, support units, and staff/command vehicles. The following figure lists the inventory of the frontline fleet and support/staff vehicles. Figure 31: VFES Frontline Apparatus, Staff, & Support Vehicles, 2019 Designation Type Year Manufacturer Condition Assigned Station Engine/Pumpers Engine 1 Engine 2011 Pierce Fair Station 1 Engine 2 Engine 2014 Pierce Good Station 2 Engine 3 Engine 2012 Pierce Good Station 3 Aerials/Ladders Ladder 1 Aerial 1990 Pierce Poor Station 1 Tower 3 Aerial 2001 Pierce Fair Station 3 Wildland/Brush Units Brush 2 Type 6 2012 F-550 chassis Good Station 2 Brush 3 Type 6 2016 F-550 chassis Good Station 3 March 3, 2020 - Page 219 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 37 Designation Year Manufacturer Assigned To Support & Staff Vehicles Fire Chief 2011 Ford Explorer Fire Chief Battalion 3 2014 Chevy Tahoe Battalion 3 Staff 3 2017 Toyota Tacoma Fire Marshal Staff 3-2 2015 Ford F-250 Wildland Coordinator Staff 3-1 2016 Ford F-250 Utility Two of the three VFES frontline engines are considered to be in “good” condition, with the third apparatus assigned to be in “fair” condition. Combined, the engines have an average of nearly seven years. The two aerials have a combined average age of 23.5 years and were not rated to be in very good condition. Although Tower 3 is 18 years old, it has less than 22,000 road miles. Most of the staff and support vehicles are in good condition except for the Ford Explorer and Chevy Tahoe, which are reaching the need for replacement. Apparatus & Vehicle Maintenance No piece of mechanical equipment or vehicle can be expected to last indefinitely. As apparatus age, repairs tend to become more frequent and more complex. Parts may become more difficult to obtain, and downtime for repair and maintenance increases. Given that fire protection, EMS, and other emergencies prove so critical to a community, downtime is one of the most frequently identified reasons for apparatus replacement. The personnel within VFES responsible for managing and maintaining the fleet must always be aware of aging apparatus and vehicles and ensure that a funded replacement schedule is in place. As frontline units age, fleet costs will naturally be higher, and more downtime will be associated with necessary repairs and routine maintenance. Three mechanics employed by the Town of Vail provide the majority of VFES’ apparatus and vehicle maintenance. Apparatus service-lives can be readily predicted based on factors including vehicle type, call volume, age, and maintenance considerations. The NFPA 1901: Standard for Automotive Fire Apparatus recommends that fire apparatus 15 years of age or older be placed into reserve status, and apparatus 25 years or older should be replaced.12 This is a general guideline, and the standard recommends using the following objective criteria in evaluating fire apparatus lifespan: • Vehicle road mileage. • Engine operating hours. • The quality of the preventative maintenance program. • The quality of the driver-training program. • Whether the fire apparatus was used within its design parameters. • Whether the fire apparatus was manufactured on a custom or commercial chassis. March 3, 2020 - Page 220 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 38 • The quality of workmanship by the original manufacturer. • The quality of the components used in the manufacturing process. • The availability of replacement parts. The following figure is one example of criteria that VFES can utilize for determining apparatus replacement based on a points system. The method examines age, apparatus mileage or hours, service, condition, and general reliability. Figure 32: Criteria & Method for Determining Apparatus Replacement Components Points Assignment Criteria Age One point for every year of chronological age, based on in-service date. Miles/Hours One point for each 10,000 miles or 1,000 hours Service 1, 3, or 5 points are assigned based on service-type received (e.g., a pumper would be given a 5 since it is classified as severe duty service). Condition This category takes into consideration body condition, rust interior condition, accident history, anticipated repairs, etc. The better the condition, the lower the assignment of points. Reliability Points are assigned as 1, 3, or 5, depending on the frequency a vehicle is in for repair (e.g., a 5 would be assigned to a vehicle in the shop two or more times per month on average; while a 1 would be assigned to a vehicle in the shop an average of once every three months or less. Point Ranges Condition Rating Condition Description Under 18 points Condition I Excellent 18–22 points Condition II Good 23–27 points Condition III Consider Replacement 28 points or higher Condition IV Immediate Replacement March 3, 2020 - Page 221 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 39 Economic Theory of Apparatus Replacement A conceptual model utilized by some fire departments is the Economic Theory of Vehicle Replacement. The theory states that, as a vehicle ages, the cost of capital diminishes and its operating cost increases. The combination of these two costs produces a total cost curve. The model suggests the optimal time to replace any piece of apparatus is when the operating costs begin to exceed the capital costs. This optimal time may not be a fixed point, but rather a range of time. Shortening the replacement cycle to this window allows an apparatus to be replaced at optimal savings to the District. If an agency does not routinely replace equipment on time, the overall reduction in replacement spending can result in a quick increase in maintenance and repair expenditures. Fire officials, who assume that deferring replacement purchases is a good tactic for balancing the budget, need to understand two possible outcomes that may occur because of that decision: 1) Costs are transferred from the capital budget to the operating budget. 2) Such deferral may increase overall fleet costs. Figure 33 displays a representation of the Economic Theory of Vehicle Replacement. Regardless of its net effect on current apparatus costs, the deferral of replacement purchases unquestionably increases future replacement spending needs and may impact operational capabilities and safe and efficient use of the apparatus. Capital Facilities Improvement & Apparatus Replacement Planning ESCI rated VFES vehicles on a point system that evaluates age, miles, and hours. VFES has established a capital facilities improvement and apparatus replacement plan for 2019 through 2029. The Town of Vail’s 5- year Capital Plan identifies the funding mechanism, which also includes (non-apparatus/vehicle) capital equipment purchases and replacement. Figure 33: Economic Theory of Vehicle Replacement March 3, 2020 - Page 222 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 40 Section II: COMMUNITY RISK ASSESSMENT March 3, 2020 - Page 223 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 41 COMMUNITY RISKS, LAND USE, & ZONING Every community is uniquely individual in the types of risk present that potentially threaten people and property. ESCI identified and evaluated the risks that are specific to VFES for potential impacts. In this section, community risks specific to VFES are presented based on community risks, land use, and zoning. Mitigation of these risks affects the number of resources (personnel, equipment, and apparatus) necessary to improve the response, recovery, and resilience of the community. Not all hazards of individual occupancies can be considered for this study; however, there are risks that are applicable within the boundaries of responsibility for VFES. NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments defines a Community Risk Assessment as: A systematic approach that identifies, assesses, categorizes, and classifies the probabilities and consequences of a community’s fire and non-fire hazards and threats, taking into account all pertinent facts that increase or decrease risks in each first-due response zone. The next figure is one sample method of identifying and analyzing risk within a community. Figure 34: Risk Identification and Analysis Process1 Step Action Hazard Identification Identify hazards. What is the probability this hazard will occur? Is this hazard a significant threat to your jurisdiction? Approximately how often does this hazard occur in your jurisdiction? Vulnerability Assessment For each hazard identified in the hazard identification process, consider each of the five factors. Factor 1: Danger/Destruction/Personal Harm Factor 2: Economic Impacts Factor 3: Environmental Impacts Factor 4: Social Impacts Factor 5: Political Considerations Score the vulnerability of this hazard. Reconsider the priority of each hazard based on vulnerability. Risk Rating Score Risk Rating = Probability2 x Vulnerability2 1Adapted from the Community Risk Reduction Model, U.S. Fire Administration, National Fire Academy. 2Probability and Vulnerability are rate as 3 = High, 2 = Moderate, 1 = Low March 3, 2020 - Page 224 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 42 CPSE performance indicator 2A.6 considers adopting planning zone methodology to Vail’s characteristics such as population, transportation systems, area land use, topography, geography, geology, physiography, climate, hazards and risks, and service provision capability demand. Data gathered includes: • Naturally occurring characteristics: Natural features of the Vail area. • Human and human-related characteristics: Area features influential to the hazards and threats to the Vail area. • Human-made characteristics: Those risks created by technology.13 Geospatial Characteristics & Assorted Boundaries ESCI evaluated four main categories of geospatial characteristics and assorted boundaries as part of its evaluation of natural hazards for the area. The categories of geography, topography, and geology, all consider climatic and weather tendencies. Geography also considers the general and naturally occurring conditions in the area, and the risk considerations for wildland areas and the urban interface potential by way of the incident perspective. Topography describes the naturally occurring terrain, and geology considers the geospatial characteristics, including the climate and topography, along with the risks encountered because of these features. Geography ESCI’s geographic analysis of the Town of Vail found this community to have unique characteristics, particularly in its topography and weather conditions. Many of the features shown in the following discussion can pose interesting environmental influences on the VFES service area. Due to Vail’s elevation, the temperature and moisture in the area can range from warm summers to cold winters with alpine or humid- subarctic conditions. The Town receives more than 370 inches of snow and records almost 300 days of sunshine each year. The temperature averages between 75 degrees in the summer and 45 degrees in the winter. Vail receives an average rainfall total of 22.41 inches. Severe winter weather takes its toll on VFES personnel, apparatus, and fireground operations. Large accumulations of snow can delay the arrivals on both fire and EMS incidents. The overall service demand during these impacts can exhaust the emergency services system rather quickly. Furthermore, emergency responders are vulnerable to fatigue for extended periods of high-volume activity. These periods of exposure to cold weather and repetitive responses can lead to the potential for accidents and injuries. Extreme temperatures can also compromise water main systems and cause breaks. Although the VFES administration has taken steps to reduce the impact severe weather causes on personnel and apparatus, travel times to incidents can be impacted adversely, specifically in the Vail Pass Interstate 70 area. VFES has a contingency plan for call-back in the event of a catastrophic natural weather event. VFES Administrative Procedures define the requirements for recalling personnel. VFES should periodically test the capabilities of the system and determine if the procedures would be adequate to maintain emergency services during a major event. Additionally, procedures should be developed to define criteria, such as weather forecasts, to increase staffing for additional apparatus during these events automatically. Increasing capacity during major events will require budgetary considerations to account for increased overtime costs. March 3, 2020 - Page 225 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 43 Topography Topography considers the arrangement of terrain in a specific area. The Town of Vail is a valley surrounded by mountainous terrain on the north and south sides and by natural creeks and ravines on all sides. Vail’s average elevation is 8,150 feet (2,484 m) above sea level. No lakes are situated in town; however, Gore Creek flows from east to west through the center of town. Vail is one of the best alpine resorts in the world during the winter and has a vast array of hiking trails that lead into the back-country area for use all year. Vail has 5,289 skiable acres in the area, 1,100 acres of open space, and 350,000 acres of natural forest. Geology Geology is the naturally occurring conditions realized by the geography and topography of the area. Avalanches, debris runoff, mudslides, and rockfall are four main conditions experienced because of snow and rain events. March 3, 2020 - Page 226 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 44 Avalanche Accumulated snowfall from October until April contributes to the high risk of avalanches, predominantly on the southeast boundary. Warm temperatures, rain falling on top of snow, and strong winds increase the potential risk for an avalanche. In Colorado, a typical season sees 3,000 avalanches, which occur mainly during the spring melt. Higher snowfalls bring larger potential events, as in 2019, when avalanche season ran longer than it has in the past 50 years.14 Risks along the I-70 interstate, especially Vail Pass, have the potential to bury vehicles and close access to emergency personnel for extended periods, with the potential for other avalanches to occur while mitigating the incident. Town officials have been polled and provided a map relevant to the VFES risk potential. Figure 35: Town of Vail Official Avalanche Hazard Map March 3, 2020 - Page 227 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 45 Flooding, Debris Runoff, & Mudslides In addition, debris runoff and mudslides occur naturally from the snow melting process, with mudslide season predominantly taking place during May and June. Debris runoff lodges under culverts and bridges, causing flooding and damage to the infrastructure. Damaged bridges and flooded areas can increase department travel time or isolate the public from emergency responders. Eagle County personnel updated floodplain regulations on January 7, 2014, requiring stream setbacks and 100-year floodplain protection. Rock Falls Rockfall contributes to hazardous conditions caused by region topography. A rockfall refers to quantities of rock falling freely from a cliff face. Ordinances require special permitting and rockfall protection for residential homes built in rockfall zones. Stabilization of these areas after a rockfall is a high risk for emergency responders, requiring the expertise of structural collapse task force personnel. Access to neighborhoods after a rockfall may be hazardous and compromised, causing extended response times for emergency personnel. The town of Vail’s official rockfall hazard map shows the relevance of this risk as a large portion of Vail is classified as a rockfall hazardous zone. Figure 36: Town of Vail Official Rockfall Hazard Map March 3, 2020 - Page 228 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 46 Wildfire & Wildland-Urban Interface Wildfires are a natural part of our ecosystems and help to restore and maintain healthy forests, but when added to Vail’s urban density, a wildfire event could potentially cause a complete conflagration of the town. A combination of pine and indigenous trees, specifically on the mountain slopes pose a high hazard and risk to Vail’s Wildland-Urban Interface (WUI) areas. Vail’s highly tourism-based and seasonal economy could be negatively impacted, and evacuation challenges in such a high population-dense area would tax resources quickly. The Eagle County Wildfire Protection Plan (CWPP) also recognizes the wildfire potential to the Vail community. The Vail region in southeast Eagle County was considered one of four areas of “elevated risk.” The CWPP in place addresses the fire concern but only in the context of wildfire prevention and mitigation efforts. Additionally, VFES addresses emergency response actions, and a general outline was provided to ESCI. All recommendations referenced in the Conclusions and Recommendations, by virtue of emergency response, fit into a broader context of an overall Comprehensive Emergency Management Plan. The first 72 hours of a catastrophic event can form, good or bad, the blueprint of success or failure in saving lives. Data provided by VFES and through interviews during the ESCI site review revealed VFES should continue to prioritize mitigation efforts with residential neighborhoods and unincorporated areas within the response district not required to follow Vail’s fire protection ordinances. The next figure shows the wildland fire risks for Eagle County. Figure 37: Wildfire Risk Assessments for Eagle County March 3, 2020 - Page 229 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 47 Real estate values in the area pose a risk of high dollar loss caused by wildfire. Combining consistent, comparable scientific information from Colorado State Forestry Service and sound prevention practices together should be a foundation for wildfire mitigation and prevention planning in Vail. Mitigation planning should emphasize the threat of a catastrophic WUI fire potential and the impact on critical infrastructure. Annually, Eagle County Emergency Management adopts a wildfire local Annual Operating Plan (AOP) to establish standard operating procedures, policies, and responsibilities for cooperative wildfire protection throughout all of Eagle County. VFES should continue and develop operating plans to establish procedures, policies, and responsibilities of personnel at the local level, and work congruently with Eagle County Emergency Management and all responding fire departments. Structure fires, sloping terrain, forest asset characteristics, insect infestation, and drinking water importance are all issues that could potentially cause a catastrophic WUI fire and impact critical infrastructure in the area. Structure Fires Small lot sizes and heavy population density contribute to the spread potential of a wildfire. Structures of any type have the potential to spread to surrounding outside vegetation, potentially leading to an extreme risk of the entire Town of Vail burning. Hence the need exists for all homes and businesses, including all parking garages, to have fire protection systems installed. As technology and national standards are developed, fire protection systems should include exterior sprinklers systems. The VFES Fire Marshal, along with Town officials, works diligently to maintain code standards in Vail. Sloping Terrain Steep slopes in the valley increase the potential for wildland fires to travel quickly up the sides of the mountain terrain. Defensible space and fuel treatment will aid in the reduction of fire advancement on mountain slopes. However, a balance must be struck between fuel breaks and the need for these trees to stay in place to reduce the effects of avalanches and mudslides. Forest Asset Characteristics Forest assets identify forest land categorized by its height, cover, and susceptibility or response to fire. These characteristics prioritize landscapes reflecting forest areas that would be most adversely affected by fire. The next figure summarizes height, cover, and the concept of susceptibility or response to fire. Figure 38: Forest Asset Layer Characteristics Height Class Canopy Cover Class Fire Response Class 0 to 32 feet 32.1 to 82 feet 82.1+ feet Open or Sparse Closed Sensitive Resilient Adaptive Figure 39 summarizes the fire response classes based on the height classification. March 3, 2020 - Page 230 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 48 Figure 39: Fire Response Classes Source: Colorado State University 2017 Report Value Impacted General Description Sensitive (Code = 1) Fire sensitive. Intolerant trees are sensitive to damage from fire with low intensities. Resilient (Code = 2) Fire resisters. Tolerant tree species whose adult stages can survive low severity fires. Adaptive (Code = 3) Fire endures. Tree species adapted with the ability to regenerate following fire by sprouting or serotinous cones. As noted in the following figure, the Town of Vail is inhabited with some of the most sensitive and intolerant forest assets. Figure 40: Colorado Forest Assets Source: Colorado State University 2017 Risk Assessment Report March 3, 2020 - Page 231 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 49 Mountain Pine & Spruce Beetle Mountain Pine Beetle (MPB) is an insect native to the forests of Colorado. Also known as the Black Hills Beetle or the Rocky Mountain Pine Beetle, lodgepole and ponderosa pines trees are a primary habitat for MPB; however, all pine trees are susceptible.15 MPB infected nearly 3.4 million acres in Colorado from 1996 to 2014, but now remain restricted to certain areas, including “pocket” activity occurring throughout the Front Range.16 In 2017, even though MPB impacted the lowest amount of acreage, however, the spruce beetle- caused tree mortality continues at outbreak epidemic proportions. Wildland fire risk increases proportionally in areas of the highest blight, as MPB can infest and kill a tree within two years. The next figure shows the number of acres in Colorado infested with both beetles since 1996. Figure 41: Areas Infested by Mountain Pine Beetle & Spruce Beetle in Colorado, 1996–2017 March 3, 2020 - Page 232 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 50 Drinking-Water Importance Wildland fires cause a domino-like effect of risks during and after the fire. One such risk is the effect the wildland fire will have on the drinking water supply. Contamination of the water supply is caused by fire debris run-off during extinguishment operations and after the first rain event. Clean water for downstream supply can be compromised for an extended period, reducing the normal operating pressures for fire protection systems and fireground pumping operations, as well as diminishing drinking water supplies. The following figure shows the drinking water supply importance. Figure 42: Drinking Water Importance Areas Source: Colorado State University 2017 Risk Assessment Report March 3, 2020 - Page 233 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 51 Transportation Networks Transportation networks provide a structure which permits either vehicular movement or flow of some commodity that includes roads, pipelines, railways, and navigable waterways. Transportation networks provide necessary access for the economy and population to flourish but have the potential for motor vehicle crashes, vehicle fires, medical emergencies, brush fires, or hazardous materials spills/leaks. In addition, firefighters have a high risk of being struck by passing motorists while working an incident. Transportation Car-restricted and partially pedestrianized, Vail is modeled after European ski towns and provides free environmentally friendly transportation in the area through the Vail Village Transit System. A transportation system failure, identified as a technological hazard by VFES, could disrupt the continuity of normal life pursuits for citizens and reduce the number of visitors to the area. Transportation congestion also derives from Vail employees who cannot afford homes in town and are pushed to live in a distant area up to 100 miles or 2 hours away. Commuting to work is often a challenge, especially during the winter months, and personnel often carpool, deterring some VFES personnel from working overtime when needed. The following figure shows the number of Vail employees who drive to work. March 3, 2020 - Page 234 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 52 Figure 43: Vail Workers Transportation to Work Roadways Interstate 70, along with Eagle County and Vail roadways, are community risks affecting the majority of the service area. Interstate 70 ties into the linear path of Vail’s valley town, spanning an east-west route through the middle of Vail. U.S. Highway 6 accesses the towns of Avon, and Edwards from the west. On December 1, 2014, the Town of Vail entered into an emergency response service agreement with Eagle County for Interstate 70 MM182 – MM 190. VFES is required to provide the same level of emergency response as the organization provides within the normal response area. Based on the information provided in the Population and Community Development section, there could be significant adverse economic impacts resulting from emergency incidents on Vail Pass. The following figure shows the current and projected traffic volume on Interstate 70 (I-70) over Vail Pass. March 3, 2020 - Page 235 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 53 Figure 44: Traffic Volume Interstate 70 Over Vail Pass, 2016–2018 Data supports that traffic volume levels could reach up to 20 million cars by 2028. This volume of traffic corresponds to increased vehicle accidents, general EMS service demand, fires, and hazardous materials incidents. The Town's ability to respond and directly influence the impact of emergency events on Vail Pass supports continued participation in the Vail Pass IGA. It is essential to ensure adequate safety measures for all emergency responders, bystanders, and victims. As previously mentioned in the Staffing section, VFES should consider additional staffing and specialty vehicles to provide on-scene lane blocking on I-70. Vail streets and county roadways provide additional types of risk for VFES. Narrow streets within the town and the switch-back roads encountered in the mountain areas make it difficult for fire equipment to quickly and safely arrive on the scene. A modern roundabout interchange system reduces traffic lights in the area, making traffic flow continuously. However, visitors unfamiliar with the roundabout system can potentially cause accidents. The chief concern for VFES entails blocked streets during festivals and other events. This increases response times as firefighters must respond on foot further distances to access patients for EMS or must slowly move through crowd-congested areas to respond to a fire incident. The mountain topography of Vail challenges the fire department response travel distances on the north and south sides of town. Roughly 8.8% of the service area is outside the 5-mile driving distance objective given by the Insurance Services Office’s (ISO) Public Protection Classification (PPC) evaluation. Mutual and automatic aid agreements with neighboring jurisdictions provide additional fire-rescue coverage for this area. Vail should ensure these agreements remain current and practical for all parties involved. However, VFES should consider these agencies may be unavailable to respond when requested. 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Traffic Volume Forcast Lower Confidence Higher Confidence March 3, 2020 - Page 236 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 54 Bridges Numerous bridges span over areas of Vail, providing easement for vehicles and pedestrians as well as connecting Interstate 70. VFES must negotiate bridges in the area that are at high risk for icing over during cold weather conditions and may be susceptible to flooding during snow melts. The International Bridge is located in the center of town and primarily used for pedestrian traffic; however, the bridge can accommodate deliveries, maintenance vehicles, and emergency vehicles. In 2019, the Bridge Road structure over Gore Creek was replaced with a single span bridge because of damage from debris runoff. Airport Two airports supply access to the Vail area. Vail/Eagle County Regional Airport is only a 40-minute drive or shuttle ride. Denver International Airport is approximately 120 miles or two-hour travel distance from Vail. Flooding Gore Creek flows through Vail. The river’s flow rates go through normal seasonal changes, including high water as the snow melts around the beginning of June. Whitewater rafting and fishing are prevalent on the river. Physical Assets Protected Identification of specific target hazards is one component of a community risk assessment. Target hazards include critical facilities such as hospitals, governmental offices, buildings with substantial value, and buildings that, if destroyed, would harm the community. VFES has identified these potentially high-hazard target buildings. Residential Structures Over 2,000 Square Feet Affluence in the area allows homeowners the ability to construct large residential structures and downtown residences with costs up to $2,000 per square foot. Although held to currently adopted building codes, these structures pose difficulties to firefighters. Structures of this magnitude require larger hose streams and take longer to extinguish, and more fire personnel must be on-scene to safety mitigate these fire incidents. High Rise Structures The International Building Code and the Building Construction and Safety Code define high-rise buildings as buildings over 75 feet or greater in height. These buildings present unique challenges not found in traditional low-rise buildings, longer egress time and distance, evacuation strategies, fire department accessibility, smoke movement, and fire control. As with larger homes, more firefighters are required to mitigate these emergencies as well. March 3, 2020 - Page 237 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 55 Short-Term Rental Units As conveyed during the site visit, residential areas are being leased as short-term rentals. Older, smaller residential structures have been replaced with large structures that will accommodate the new multigenerational vacation family. Vacationers who rent these units are not familiar with the area and may have a difficult time conveying the address of the home during an emergency. The majority of time cell phone triangulation compensates for the lack of familiarity but may still impact emergency response. Vacationers may also not be familiar with the floor plan of the structure and would have a much more difficult time finding egresses with smoke and fire conditions in the unit. Additionally, vacationers may not be registered for the emergency notification system resulting in the delay of receiving critical communication. March 3, 2020 - Page 238 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 56 POPULATION & COMMUNITY DEVELOPMENT ESCI developed a community profile based on the data provided by the Town, the fire department, and from other relevant sources. Community profiles provide a comprehensive inventory of the service area characteristics that contribute to the nature and frequency of service demanded realized in communities across the country. Population History & Community Demographics Often, researchers use population statistics to provide gross estimations of expected service demand. Based on population and community demographics, fire departments create training programs and pre-incident emergency plans to prepare employees for responses within the service area. These location-specific programs improve firefighters’ understanding of the best methods and means to deliver services while minimizing risks associated with the community’s occupational infrastructure. In 2000, the U.S. Census estimated the population to be 4,703. By 2010, the population had increased to 5,305. From 2010 through 2019, the population increased from 5,305 to 6,168 in the area, an annual growth rate of 1.64%. The population is estimated to grow at 1.52% from 2019 through 2024, reaching 6,652 by 2024. Figure 45 shows the historical trends of the population from 2010 through 2019. Figure 45: Historical Population Trends, 2010–2019 Population Density An important consideration to population is the proximity of people and the relationship to service demand. Generally speaking, service demand will be greater in areas of higher population density than in lower- density areas. However, the demographics of the area also play a large role in demand. Additionally, the median age of Vail was 37 years old in 2018; by 2040, this population will begin to reach an age where their dependence on emergency medical services will be greater and which will no longer follow a linear service demand projection. March 3, 2020 - Page 239 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 57 Several relational factors are associated with a greater number of occupancies and residents within denser areas. Increased probabilities of emergency events or higher service demands can create reduced reliability of first-due and effective response forces. Consistent agency services will be impacted, as well as travel time benchmark performance. Traffic flow constriction on major thoroughfares, especially when the tourist population is present, may create performance gaps. VFES should continue participation with the Colorado Department of Transportation to develop a traffic flow study for the area. ESCI currently estimates population density as 1,318 people per square mile. By 2024, the density is expected to increase by 7.8% to 1,421 people per square mile. Population density includes the influx of daily seasonal populations of 20,000 to 40,000 people, which will escalate as new construction justifies current demand for hotels, restaurants, and other tourist industry businesses. Population density for the VFES is comprised of: • Urban (> 2,000 people per square mile). • Suburban (1,001–1,999 people per square mile). • Rural (< 1,000 people per square mile). The following figure provides population density by U.S. Census block groups, which are the smallest division used by the census. March 3, 2020 - Page 240 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 58 Figure 46: Population Density by 2017 ACS Census Block Group The population density is greatest on the southeast area of Vail near VFES Station 1 and the northwest and southwest area near Stations 3. Population density and service demand are related, but where people work and the routes they use to travel also impact where service demand is likely to occur. Zoning and population density maps reveal the density areas; however, VFES Station 2, the lowest density area, supports the highest service demand because of the seasonal population and workforce located in the area. As the population in Vail increases, VFES may need to re-evaluate demographic and census data, adjusting response goals to meet future service demand adequately. March 3, 2020 - Page 241 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 59 Seasonal Population Vail’s economy is driven by a significant change in the seasonal population. The following figure shows the variations in the seasonal population each month. Estimates show that the overall population increases by 1.2 million during May through October, and 1.5 million during the winter months. Figure 47: Vail Seasonal Population, 2018 Figure 47 supports the need for increased capacity during peak demand periods and corresponding staffing increases. More discussion on this topic can be found in the Staffing section. Social risk factors are concentrated on the population influx from seasonal, recreational, and occasional housing units and the risks this population adds to the demand for emergency services. The town’s popular winter and summer recreational atmosphere contributes to risks from outdoor injuries and medical emergencies. At-Risk Populations Risk assessment includes information about the people who are impacted by, or a part of the problem because socioeconomic issues influence risk. A community demographic profile can be developed with accurate statistical data of its population. Causal factors and at-risk populations must be evaluated with consideration of the following: • Social factors and cultural influences • Economic factors • Environmental elements 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarch 3, 2020 - Page 242 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 60 • Identification of risk factors in specific populations: § Children (age 5 & under) § Older adults (age 65 & older) § Males § People with disabilities § People living in poverty § Populations that speak little or no English Aside from environmental risk factors, few population risk factors are evident; however, some impacts should be noted. Populations with low unemployment rates, high real estate values, and higher education tend to have a lower risk for fire and fire-related hazards. Education Census data shows that 64% of the Vail population possesses a bachelor’s degree or higher, and the median household income is $69,685. White-collar workers make up 59%, and service workers comprise 36% of the workforce. Service workers often realize fluctuations in household income because of occupations that are tourism-driven. In addition, the unemployment rate stands at 0.9%. Population by Generation Vail’s population has a median age of 37 years old. As the population ages, emergency medical care also increases. Figure 48: Population by Generation Greatest Generation: Born 1945/Earlier 5% Baby Boomer: Born 1945 to 1964 21% Generation X: Born 1965 to 1980 19% Millenial: Born 1981 to 1998 43% Generation Z: Born 1999 to 2016 10% Alpha: Born 2017 to Present 2% March 3, 2020 - Page 243 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 61 Real Estate Values Real estate in Vail is thriving and shows a healthy economy in the area. Esri Demographic Data® shows home values range from $400,000 to $1,000,000-plus, with median home values appraised at $767,169 (2018). The following figure shows home values for Vail as of 2018. Figure 49: Vail Home Values, 2018 Male Population Vail has a higher percentage of males in the population (54.8%) than the female population (45.2%).17 Males are more likely to be killed or injured in home fires; 57% of deaths and 54% of injuries are males.18 Figure 50: Population by Gender The following figure shows a summary of the U.S. Census facts (2018) for at-risk populations. FEMALES 45% MALES 55% March 3, 2020 - Page 244 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 62 Figure 51: U.S. Census Facts for At-Risk Population Occupancy Type Percentage Males 54.8% Children under 5 years of age 1.8% Adults over 65 years old 14.5% Persons with disabilities 2.1% Persons without health insurance 9.1% People below the poverty level (Federal Poverty for one person: $12,490) 6.9% Persons who speak English as a second language 0.5% Persons with no high school diploma or GED 1% Community Land-Use Infrastructure considerations will be important to property owners and coincide with zoning, subdivision regulations, and higher property values. Infrastructure should include roads and bridges, sewer and water, and fire hydrants as well as schools, police and fire stations, emergency operations centers, hospitals, and libraries. Additional considerations when examining the zoning and demographics of the jurisdiction is the impact new development and changes to existing structures may have on emergency response capabilities. Occupancy Types by Land-Use Risk classification begins with documenting the types of activities occurring within a building or on a property. Zoning maps are helpful with this process as each parcel is identified by land-use designation. Vacant lots or open areas have a lower risk profile than commercial or industrial occupancies because these areas lack people and processes associated with emergency incidents. Fires occurring at commercial occupancies carry a higher dollar value than many residential properties; equipment and inventory represent a large investment and the loss of income for those employed by that business when it is destroyed has a “trickle-down” effect on other elements of the community. Figure 52: Land-Use Zoning Out of Jurisdiction Response Area I 0 1 20.5 Miles T o w n o f V a i lTown o f V a i l - Z o n i n g -- Z o n i n g - This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Last Modified: January 30, 2020 Zoning (Generalized) Mixed Use Areas Residential Areas Commercial & Parking Areas Natural Areas and Open Space Areas General Use (GU) Special Development District 4 March 3, 2020 - Page 245 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 63 The majority of Vail is made up of residential occupancies and open-land/agricultural property that includes parks, ski areas, and hiking trails. In fact, the area accommodates only 761 businesses with 11,477 employees, and no manufacturing activities in the area. Vail shows a high percentage category of other (25%), which includes the annexed area that is non-compliant with TOV zoning. The next figure shows the occupancy types in Vail by classification. Figure 53: Vail Occupancy Type Classifications, 2018 Occupancy Type Percentage Residential • Single-Family (62%) • Multi-Family (38%) 34% Commercial • Retail/Office (99%) • Industrial/Technology/Logistics (1%) 1% Mixed Use 2% Public Use 1% Agricultural/Undeveloped 37% Other 25% Site visit interviews revealed Vail’s land-use area has nearly been exhausted; future growth will be seen with an increase in building height after the demolition of an existing building. Because hotel rooms are in high demand, commercial properties planning for expansion or completely new construction must orchestrate demolition and rebuilding efforts during the off-season, which is becoming a very minute time frame as Town officials design an expanding tourism industry purposed to utilize every weekend and season available. Vail officials are progressive leaders in the development of infrastructure and growth opportunities in the town. Future changes will improve recreation, infrastructure, and public assembly buildings. • A 1994 Comprehensive Open Lands Plan was updated in 2018 and identifies modern community needs and determines retention of relevant parts of the old plan while working to protect Gore Creek water quality, expand recreational opportunities, and explore the potential acquisition of sites for housing and other public uses.19 • Town officials adopted the 2018/19 Town of Vail Civic Area Plan on November 5, 2019, which provides a cohesive vision for future improvements to Town-owned properties in the Lionshead area, including Dobson Ice Arena, Vail Public Library, Lionshead parking structure, charter bus lot, and the Vail Municipal Building. • Establish safer routes for pedestrians and cyclists in the Ford Park and Sunburst Drive areas. • Vail Health Master Facility Plan: Phase I of the Master Facility Plan is nearing completion. Phase II of the Master Facility Plan will replace the east wing administration building and garage with a new emergency and imaging department and a materials management department. March 3, 2020 - Page 246 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 64 Hazardous Substances & Processes Using fire department pre-planning information, ESCI determined that no hazardous materials storage of any significance exists within the Town of Vail. However, major highway transportation networks pass through the boundaries, creating a high risk of hazardous materials accidents from 18-wheelers and other vehicles. Regional Hazardous Materials Association of Eagle County (RHMAEC) is the only hazardous materials response unit in the area. Located at Eagle River Fire Department Station 12, response to an incident may involve extended travel times, as the unit is not staffed continuously. Remaining RHMAEC resources are accessible on Eagle County engine companies. Therefore, VFES personnel will be responsible for executing critical tasks on the scene. As the primary response entity, VFES will assist in the reduction of incident severity, including evacuations and operations level mitigation. VFES should consider training all personnel to hazardous technician level to ensure increased knowledge base of the hazardous materials by all fire department personnel. Non-Structural Fires Risk Categorization Outdoor Recreation The area supports many outdoor winter and summer recreational and professional sports. Vail ski resorts are popular for skiing and snowboarding. In the summer, hiking and mountain biking into the backcountry is very widespread, with more than nine trailheads available in the area. Vail Mountain, which includes Blue-Sky Basin is the main ski mountain in the area. Ski patrol teams assist with emergencies on the slopes, and the Vail Mountain Rescue Group assists with emergencies in the backcountry. VFES works well with these teams, assisting with incidents and coordinated training. Emergencies on the slopes and hiking trails require extended time on the scene to mitigate the incident, reducing the availability of the apparatus for other responses. Festivals Increases in the number of Vail festivals have events competing for open weekends throughout the year. Fire safety concerns of emergency vehicle access reduction on the roadways and pedestrian safety during the event are evident during the festivals March 3, 2020 - Page 247 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 65 COMMON RISKS & STAFFING REQUIREMENTS Major Structural Risks High-Occupancy, Large Square Footage, High-Rise Featured Buildings Structures that require the evacuation of a large number of people require increased numbers of personnel on the scene to perform evacuation as life safety is the main priority for any structure fire. Buildings over 2,000 square feet often must be extinguished with larger hose sizes, which require more crew members to operate safely. Limited Access Considerations Apparatus positioning with limited access areas requires accurate positioning of apparatus to provide access for other incoming units, especially in the mountain areas where the secondary approach is unavailable. Structurally, high-rise and high-density population buildings with reduced access increase the search and rescue timeframe and create risk for exposures close to the fire. Unincorporated Areas Jurisdictional authority specific to wildland fire for the unincorporated areas in Vail, including the Highland Meadows and Inter-Mountain area, is granted to the Eagle County Sheriff. However, VFES responds immediately to incidents in these areas. These communities are also provided Vail’s excellent ISO 2/2x rating. In 1981, Vail was a fire protection district; however, when merged as a municipality, these structures were not included. An annexation occurred later; however, area homeowners subsequently voted to de-annex. Some Homeowners provide contractual monies to provide coverage for these unincorporated areas. Risk-Specific Staffing Levels Required Earlier sections discussed the NFPA comparison of fire stations, pumpers, and aerials, taking into account seasonal population needs. Also, critical tasking was discussed as it correlates to the resources needed to meet area risks. After a review of the risk assessment and related to the “Effective Response Force Discussion,” of the Risk Assessment section methodology, staffing levels are not sufficient to meet the highest risks to the area, namely, wildland-urban interface fires, motor vehicle accidents in high-risk areas, and high-hazard target hazards to include high-rise buildings and buildings with square footage larger than 2,000 square feet. ESCI identified staffing level needs specific to the common risks for Vail. March 3, 2020 - Page 248 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 66 • More personnel are needed per shift for the department to effectively mitigate structures with high- occupancy, large square footage, and high-rise features. Consistently this CRA-SOC has discussed insufficient staffing level concerns in relation to industry standards, total response times, and, moreover, in relation to risks relative to the area. NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, states the elevated number of identified tactical high hazard occupancies and geographical restrictions and isolations, along with dense urban areas justifies an increase of three additional firefighters per shift to supplement an effective response force. Apparatus Requirements All fire service vehicles are generically referred to as apparatus. Having the right type of apparatus impacts your readiness to respond to emergencies. Apparatus resource needs must also align with risk assessment and having the right type of apparatus impacts your readiness to respond to emergencies. ESCI noted the aerial device is unable to be placed in Station 2, the area of highest risk and call volume because of street access maneuverability and unavailable vehicle parking space. VFES provides brush apparatus to provide services for wildland fire risk while the engine and aerial apparatus provide services for structural risks. Other specialty apparatus are provided through the Eagle County Hazardous Materials Unit and the Vail Mountain Rescue units. While engine companies operate in a first responder capacity for EMS services, Eagle County Paramedic Services (ECPS) provides transport. Due to access and apparatus space issues at Station 2, the aerial device is unable to be placed in the area of highest risk and call volume. Summary of Current Available Resources Fire service needs are extensive for departments of all sizes and in every area, including staffing, training, facilities, apparatus, personal protective equipment (PPE), and health and wellness. During emergency incidents, resources support emergency responder safety and help fire departments respond to fire, natural disasters, and non-fire emergencies. The community depends on the ability of resources to arrive quickly and effectively. While VFES has internal and external resources available to support its mission, the department must realistically consider additional resources to provide services for high-risk hazards. Resource needs are dynamic and require an annual review to determine if the department is meeting a new or on-going mission. March 3, 2020 - Page 249 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 67 Section III: HISTORICAL SYSTEM PERFORMANCE & OBJECTIVES March 3, 2020 - Page 250 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 68 HISTORICAL SYSTEM PERFORMANCE The most important aspect of any emergency services agency is its ability to deliver services when requested. Many components have an impact on this ability and should be included in performance monitoring and planning. This section of the report evaluates the current and historical service delivery elements of: • Service Demand • Resource Distribution • Resource Concentration • Workload and Reliability • Response Performance Historical Service-Demand Incident Type Analysis While service demand can be measured simply as the number of incidents within a given period, seeing that same demand categorized by incident type provides policymakers the ability to assess the current demand and plan for the future. The National Fire Incident Reporting System (NFIRS) has developed a classification system to categorize various types of incidents. These codes identify the various types of incidents to which the fire department responds and allows the fire department to document the full range of incidents it handles. VFES can use this information to analyze the frequency of different types of incidents, provide insight on fire and other incident problems, and identify training needs. The codes are three digits and are grouped into series by the first digit, as illustrated in the following figure. Figure 54: NFIRS Incident Types Type Code Incident Type Description 100-series Fires 200-series Overpressure Rupture, Explosion, Overheat (No Fire) 300-series Rescue and Emergency Medical Service (EMS) Incidents 400-series Hazardous Condition (No Fire) 500-series Service Call 600-series Canceled, Good Intent 700-series False Alarm, False Call 800-series Severe Weather, Natural Disaster 900-series Special Incident Type March 3, 2020 - Page 251 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 69 The following figure provides a historical overview of incidents based upon the classification system established by the National Fire Incident Reporting System (NFIRS). For this analysis, ESCI combined NFIRS 200-series, 400-series, 500-series, 600-series, 800-series, and 900-series incidents into the “Other” category. Figure 55: VFES Service Demand by Incident Type, 2014–2018 From 2014 to 2018, there was a total increase in service demand of 3.1%. Over the study period, there was a fluctuation between increasing and decreasing service demand from year to year, resulting in an average increase of 1.02%. The greatest decrease—8.98%—occurred from 2014 to 2015. The greatest increase— 11.04%—occurred from 2015 to 2016. In analyzing the individual incident types over the study period, fire incidents increased by 42.55%, alarm incidents increased by 3.07%, other incidents increased by 16.57%, EMS incidents increased by 7.36%, and MVC incidents decreased by 44.7% It is also valuable to compare the various incident types as a part of the whole. Figure 56 illustrates the overall service demand percentages for the study period. EMS response represents 39.6% of incidents and is the highest category of service demand. While this is the highest percentage for VFES, it is fairly low as compared to similar departments throughout the United States (generally 60%–80%). This is followed by alarms at 28.9%, other at 28.6%, motor vehicle collisions at 8.6%, and fires at 2.8%. 2014 2015 2016 2017 2018 Fire 47 51 55 44 67 Alarm 522 540 552 530 538 Other 501 457 559 558 584 EMS 571 527 560 611 613 MVC 230 128 165 145 127 Total 1,871 1,703 1,891 1,888 1,929 0 500 1,000 1,500 2,000 2,500 March 3, 2020 - Page 252 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 70 Figure 56: VFES Service Demand by Incident Type, 2014–2018 Temporal Analysis Another important component of service delivery and performance is the temporal analysis of historical data. Understanding the temporal component of service delivery enables leadership to combine multiple factors into determining the department’s resources needed to meet the demand for service. These factors may include providing a base response capability, providing for changes in service demand in the future, scheduling of non-response activities such as training and apparatus maintenance, and any other factors that may impact the community. Each temporal component is presented as a percentage relative to the total service demand that occurred during the study period. The next figure shows temporal variation by month. When possible, the department should consider planning for time-intensive projects such as pre-planning target hazards, testing fire hydrants, testing fire hose, etc., during the slower months to lessen the impact that occurs by the higher service demand in other months. Fire 2.8% Alarm 28.9% Other 28.6% EMS 31.0% MVC 8.6% March 3, 2020 - Page 253 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 71 Figure 57: VFES Service Demand by Month, 2014–2018 VFES experiences a cycle of peaks and valleys as it relates to demand for services. The peaks in this cycle coincide with a greater increase in outdoor recreation activities and the influx of non-residents. The greatest service demand during the winter season occurs in January, while the greatest service demand for the summer season occurs in July. Between those two key peaks, the service demand follows an overall pattern of decreasing to the lowest points in May and October—except for in March—and then increasing to the next seasonal peak. The next component of the temporal analysis is by day of the week is illustrated in the following figure. 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% 11.0% 12.0%JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarch 3, 2020 - Page 254 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 72 Figure 58: VFES Service Demand by Day, 2014–2018 The service demand by day of the week follows a pattern typical in communities boasting a greater tourism than manufacturing industry. Rather than the greatest demand occurring during the week and decreasing on the weekend, the demand for VFES is at its lowest point on Tuesday and then gradually increases—reaching its highest peak on Friday and then gradually decreasing from there. The final component of the temporal analysis is by the time of day and is illustrated in the following figure. 10.0% 11.0% 12.0% 13.0% 14.0% 15.0% 16.0% 17.0%SundayMondayTuesdayWednesdayThursdayFridaySaturdayMarch 3, 2020 - Page 255 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 73 Figure 59: Service Demand by Hour, 2014–2018 VFES experiences a very sharp incline in service demand around 7:00 a.m. This increase peaks fairly early in the morning around 10:00 a.m. and remains consistent throughout the day. The decrease in demand does not occur until later in the evening around 9:00 p.m., with a steady decline until it reaches the lowest level around 5:00 a.m. This pattern is consistent with the tourism industry that is a big part of the community. Visitors arise early and return late, making the most of their day in the numerous outdoor adventures that are available throughout the year. While service demand is lowest during those early morning hours, it should be noted that most fatal residential fires occur most frequently late at night or early in the morning. Based on findings from a national study, from 2009 to 2011, fatal residential fires were highest between 1:00 a.m. to 2:00 a.m., and 4:00 a.m. to 5:00 a.m. The 8-hour peak period (11 p.m. to 7 a.m.) accounted for 48% of fatal residential fires.20 0% 1% 2% 3% 4% 5% 6% 7%Midnight1234567891011121314151617181920212223March 3, 2020 - Page 256 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 74 Resource Distribution Study In addition to the temporal analysis of workload, it is useful to examine the geographic distribution of service demand. ESCI uses geographic information systems software (GIS) to plot the location of incidents within the VFES study area during 2018 and calculates the mathematical density of incidents (incidents per square mile) in the study area. The greatest density of incidents occurs in the area of Station 2, extending outward more westward towards Station 3 There is an area of lower incident density in the area of Station 1 extending to the east. The following figures focus on the Town of Vail and do not show responses to Vail Pass, which are under contractional agreement. Figure 60: VFES Geographic Service Demand, 2018 (Incidents per Square Mile) March 3, 2020 - Page 257 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 75 The distribution analysis presents an overview of the current distribution of fire department resources within the VFES service area. Another component of the analysis looks at the population density of the service area. The majority of the service area is suburban and urban density, with a higher density around Station 1 and Station 3. Figure 61: VFES Service Area Population Density March 3, 2020 - Page 258 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 76 ISO Distribution The Insurance Services Office, Inc. (ISO©), a subsidiary of Verisk Analytics, is a national data analytics provider that evaluates fire protection for communities across the country. ISO assesses fire protection through the use of a proprietary Fire Suppression Rating Schedule (FSRS) that details specific requirements for each of four major categories—emergency communications, fire department, water supply, and community risk reduction. Following an on-site evaluation, ISO assigns a Public Protection Classification (PPC®) rating using a scale of 1 to 10, with Class 1 representing the highest degree of fire protection and Class 10 designating a fire protection program that does not meet ISO’s minimum criteria. According to a recent report, the ISO’s Public Protection Classification program, or PPC, “is a proven and reliable predictor of future fire losses.” All other factors equal, commercial property insurance rates are expected to be lower in areas with lower (better) ISO PPC Class rating. A community’s ISO rating is an important factor when considering fire station and apparatus concentration, distribution, and deployment due to its effect on the cost of fire insurance for the residents and businesses. To receive maximum credit for the station and apparatus distribution, ISO evaluates the percentage of the community (contiguously built upon area) that is within specific distances of fire stations, central water supply access (fire hydrants), engine/pumper companies, and aerial/ladder apparatus. March 3, 2020 - Page 259 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 77 Travel Distance from a Fire Station The first travel component evaluated by ISO is the percentage of the service area that falls within the 1.5- mile travel distance of a staffed fire station. As illustrated in Figure 62, 74.6% of the service area falls within the recommended travel distance of 1.5-miles. Figure 62: VFES 1.5-Mile Engine Distribution per ISO Criteria March 3, 2020 - Page 260 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 78 The second component of travel distance is the percentage of the service area that falls within 2.5-miles of a staffed fire station with an aerial apparatus. As illustrated in Figure 63, only 66.6% of the service area falls within this recommended distance. Figure 63: VFES 2.5-Mile Truck Distribution per ISO Criteria March 3, 2020 - Page 261 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 79 The final component of travel distance is the percentage of the service area that is within 5-miles of a staffed fire station. As illustrated in Figure 64, 91.2% of the service area falls within the recommended distance. Figure 64: VFES 5-Mile Coverage March 3, 2020 - Page 262 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 80 Water Supply Distribution ISO evaluates a community’s availability of sufficient water supply, which is critical for the extinguishment of fires. Included in this evaluation are the geographic location and distribution of fire hydrants. Structures outside of a 1,000-foot radius of a fire hydrant are subject to a lower Public Protection Classification® rating than areas with adequate hydrant coverage, thus signifying limited fire protection. Exceptions are made when a fire department can show that either a dry hydrant or a suitable water tanker operation is possible to provide the needed volume of water for fire suppression activities for a specific period. VFES is well supplied with hydrants; 98.7% of the service area falls within 1,000-feet of a fire hydrant, as illustrated in Figure 65. Figure 65: VFES Hydrant Coverage March 3, 2020 - Page 263 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 81 NFPA Distribution National Fire Protection Association (NFPA) standards and the Center for Public Safety Excellence (CPSE) accreditation of fire departments both evaluate response time criteria for purposes of analyzing resource distribution. For low/medium hazard incidents, the first unit should arrive within four minutes, and the full assignment should arrive within eight minutes. Travel time is calculated using the posted speed limit and adjusted for negotiating turns, intersections, and one-way streets. Figure 66 illustrates the projected travel time from each fire station within the service area. As illustrated, 79.7.% of the service area is within four minutes of a fire station, and 91.4% is within eight minutes of travel. Figure 66: VFES 4/8-Minute Travel Time Model March 3, 2020 - Page 264 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 82 While it is of value to view the projected travel-time based on units at the station when the call is dispatched, it is also important to view travel time based on actual incident response data. Figure 67 illustrates the actual travel time for 2018 incidents in VFES. As expected, the higher percentage of responses that fell at four minutes or less occurred in the immediate area of each fire station and coincided with areas of greater population density. While the projected travel time for four minutes was 79.7% of the service area, VFES responded to 76.2% of the 2018 incidents in four minutes or less. The previous statistic supports the validity of the ESCI tracking models and the slight delay is most likely contributed to inclement weather. The number of incidents reached within eight minutes was 18.1% and 3.3% within 12 minutes. The remaining 2.4% had a response time of greater than 12 minutes. Figure 67: VFES Point Map Travel Time Model and 2018 Service Demand March 3, 2020 - Page 265 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 83 Response-Reliability Study The ability of a department to provide reliable service to the community is impacted by workload and call concurrency. Workload refers to the amount of work a particular unit incurs and may be measured in the number of calls or time spent on calls. Call concurrency refers to the number of incidents occurring at the same time within a jurisdiction. Unit Hour Utilization While the number of calls presents a view of workload, the greater value is provided by analyzing the amount of time spent on calls by units. This measure is referred to as unit hour utilization (UHU) and represents the amount of time in service that a unit is assigned to response activities. Specific industry standards do not exist for UHU. For the purpose of discussion, the following article is referenced. In May 2016, Henrico County (VA) Division of Fire published an article after studying its department’s EMS workload.21 As a result of the study, Henrico County Division of Fire developed a general commitment factor scale for its department. The next figure is a summary of the findings as it relates to commitment factors. Figure 68: Commitment Factors as Developed by Henrico County (VA) Division of Fire, 2016 Factor Indication Description 16%–24% Ideal Commitment Range Personnel can maintain training requirements and physical fitness and can consistently achieve response time benchmarks. Units are available to the community more than 75% of the day. 25% System Stress Community availability and unit sustainability are not questioned. First- due units are responding to their assigned community 75% of the time, and response benchmarks are rarely missed. 26%–29% Evaluation Range The community served will experience delayed incident responses. Just under 30% of the day, first-due ambulances are unavailable; thus, neighboring responders will likely exceed goals. 30% “Line in the Sand” Not Sustainable: Commitment Threshold. The community has less than a 70% chance of timely emergency service, and immediate relief is vital. Personnel assigned to units at or exceeding 30% may show signs of fatigue and burnout and may be at increased risk of errors. Required training and physical fitness sessions are not consistently completed. The following figure illustrates the UHU for VFES units in 2018, expressed as a percentage of the total hours in the year. The number of responses and average time committed to incidents is displayed as well. For this analysis, the cross-staffed units in each station have been combined into a single data point. Based on this analysis, the workload for VFES units is not concerning but should always be monitored for any significant changes. March 3, 2020 - Page 266 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 84 Figure 69: VFES Unit Hour Utilization, 2018 Apparatus/Unit Unit Responses Average Time Committed UHU Battalion 3 400 0:31:20 2.38% Engine 1/Ladder 1 482 0:33:40 3.09% Engine 2/B2/Engine 2-1 1,219 0:25:14 5.85% Engine 3/Tower 3 744 0:21:47 3.08% Call Concurrency It is also useful to examine response reliability by analyzing the number of units required to handle incidents. While there is no specific standard to which this analysis can be compared, the information provides insight as to the ability of the department to have sufficient resources for incidents before requesting mutual aid and automatic aid resources. As the number of concurrent incidents increases, the ability to meet response time standards may decrease. Analysis of the VFES incident data for 2018 is shown in Figure 70. VFES operates three stations with full-time staffing. With 31.1% of two or more concurent incidents, VFES is reaching capacity and may warrant consideration for additional resources. Additionally, this only accounts for first arriving apparatus and does not account for adequate personnel. Figure 70: VFES Call Concurrency, 2018 Concurrent Incidents Number of Incidents Percent of Total Incidents Single Incident 1,315 68.88% Two Incidents 517 27.08% Three Incidents 74 3.88% Four Incidents 3 0.16% Capacity Study Accepted firefighting procedures call for the arrival of the entire initial assignment (sufficient apparatus and personnel to effectively deal with an emergency based on its level of risk) within a reasonable amount of time.22 This procedure ensures enough people and equipment arrive promptly to safely control a fire or mitigate any emergency before there is substantial damage or injury. March 3, 2020 - Page 267 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 85 Figure 71: Capacity Personnel Requirements Initial Full Alarm Assignment—2,000 SF Residential Structure Fire Incident Commander 1 Water Supply Operator 1 2 Application Hose Lines 4 1 Support member per line 2 Victim Search and Rescue Team 2 Ground Ladder Deployment 2 Aerial Device Operator 1 Incident Rapid Intervention Crew (2FF) 2 Total: 15 Initial Full Alarm Assignment Open Air Strip Shopping Center (13,000 SF to 196,000 SF) Incident Commander 1 Water Supply Operators 2 3 Application Hose Lines 6 1 Support member per line 3 Victim Search and Rescue team 4 Ground Ladder Deployment 4 Aerial Device Operator 1 Rapid Intervention Crew (4FF) 4 EMS Care 2 Total 27 Initial Full Alarm Assignment 1,200 SF Apartment (3-story garden apartment) Incident Commander 2 Water Supply Operators 2 3 Application Hose Lines 6 1 Support member per line 3 Victim Search and Rescue Team 4 Ground Ladder Deployment 4 Aerial Device Operator 1 Rapid Intervention Crew (4FF) 4 EMS Care (1 crew) 2 Total: 28 March 3, 2020 - Page 268 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 86 Figure 72 illustrates the number of firefighters that VFES can assemble on the scene within the 8-minute projected travel time. Figure 72: VFES Effective Response Force, 8-minute Travel March 3, 2020 - Page 269 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 87 Mutual Aid The majority of mutual aid comes from the Eagle River Fire Protection District (ERFPD). Figure 73 shows the percentage of mutual aid requests over the past three years separated by incident type. Figure 73: Mutual Aid by Incident Type, 2017–2019 Overall incidents on I-70 made up 38% of mutual aid requests, and the remaining percentage of 62% was for non-motor vehicle-related incidents. The analysis showed that the average total response time for mutual aid from ERFPD was 10 minutes, 28 seconds. Figure 74 summarizes the response times for mutual aid over the three years. Figure 74: Mutual Aid Response Times, 2017–2019 14% 4% 32% 14%12%12% 7% 2%4% 0% 5% 10% 15% 20% 25% 30% 35%FireExplosionEMSHazardousServiceGood IntentFalse.WeatherOther0:08:15 0:12:24 0:09:56 0:00:00 0:01:26 0:02:53 0:04:19 0:05:46 0:07:12 0:08:38 0:10:05 0:11:31 0:12:58 0:14:24 2017 2018 2019 March 3, 2020 - Page 270 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 88 The mutual aid agreements between ERFPD and VFES have shown to be successful. The data from the previous figures support the necessity of outside resources to meet service demand or effective response force (ERF) on structure fires. The delay in overall response times supports the need for additional resources, particularly staffing, within the town limits. Additionally, the mutual dependence of both departments to accomplish an ERF supports discussion on future consolidation. A final note relates to EMS response: the largest percentage of mutual aid calls was for EMS-related service delivery. This supports later discussions regarding the potential of increasing EMS capabilities at VFES. Historical Performance Summary Perhaps the most publicly visible component of an emergency services delivery system is response performance. Policymakers and citizens want to know how quickly they can expect to receive emergency services. For policymakers and citizens to make informed decisions concerning response performance, jurisdictions must record and report the various components of the jurisdiction’s current performance. In analyzing response performance, ESCI generates percentile measurements of response time performance. The use of percentile measurements using the components of response time follows the recommendations of industry best practices. The best practices are derived from the Center for Public Safety Excellence (CPSE) Standards of Cover document and the National Fire Protection Association (NFPA) 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. The “average” measure is a commonly used descriptive statistic, also called the mean of a data set. The most important reason for not using the average for performance standards is that it may not accurately reflect the performance for the entire data set and may be skewed by outliers, especially in small data sets. One extremely good or bad value can skew the average for the entire data set. The “median” measure is another acceptable method of analyzing performance. This method identifies the value in the middle of a data set and thus tends not to be as strongly influenced by data outliers. Percentile measurements are a better measure of performance because they show that most of the data set has achieved a particular level of performance. The 90th percentile means that 10% of the values are greater than the value stated, and all other data are at or below this level. This can be compared to the desired performance objective to determine the degree of success in achieving the goal. As this report progresses through the performance analysis, it is important to keep in mind that each component of response performance is not cumulative. Each is analyzed as an individual component, and the point at which the percentile is calculated exists in a set of data unto itself. The response time continuum—the time between when the caller dials 911 and when assistance arrives—is comprised of several components: • Call Processing Time: The time between a dispatcher getting the call and the resources being dispatched. March 3, 2020 - Page 271 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 89 • Turnout Time: The time between unit notification of the incident and when they are responding. • Travel Time: The time the responding unit spends on the road traveling to the incident. • Response Time: A combination of turnout time and travel time, the most commonly used measure of fire department response performance. • Total Response Time: The time from when the 911 call is answered until the dispatched unit arrives on the scene. Figure 75: Response-Time Components Total response time is the amount of time a resident or business waits for resources to arrive at the scene of an emergency beginning when they first placed a 911 call. This process begins for the fire department once the communications center dispatches the appropriate unit. The standard for alarm handling and call processing is derived from NFPA 1221: Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems and provides for communication centers to have alarm handling time of not more than 15 seconds, 90% of the time and not more than 20 seconds, 95% of the time. Alarm handling is a component of the total call processing time and is identified for discussion only. Additionally, NFPA 1221 requires the processing of the call to occur within 64 seconds, 90% of the time for high-priority incidents. Similarly, NFPA 1710 requires the call processing time to be 60 seconds or less, 90% of the time, as does ISO. Figure 76: NFPA 1710 Standards for Fire/EMS Responses Response Interval NFPA/CFAI Recommendations Call Processing 60 seconds or less at 90% Turnout Time 60 seconds or less at 90% Travel Time 240 seconds Tracking the individual components of response time enables jurisdictions to identify deficiencies and areas for improvement. In addition, knowledge of current performance for the components previously listed is an essential element of developing response goals and standards that are relevant and achievable. Fire service best practice documents recommend that fire jurisdictions monitor and report the components of total response time.23 March 3, 2020 - Page 272 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 90 The following data analysis was limited to 2016 through 2018, as those were the only years with consistent documentation of response priority and travel time for the first arriving unit. For each incident where at least one unit had a response priority of “lights and sirens,” then all units were included to determine the best time measure for each component of the response continuum. ESCI recommends that VFES continue to ensure that all pertinent data fields for each unit responding to an incident are completed consistently in the RMS. Call Processing Performance The Town of Vail-Public Safety Communications Center (VPSCC) handles call processing. Actual CAD data was not utilized since the required data is automatically pushed into VFES, Emergency Reporting System (ERS). As illustrated in Figure 77, the call processing time performance exceeds the recommended standard with an overall call processing time of 3 minutes, 25 seconds. As the data in ERS is imported from the VPSCC CAD, ESCI recommends that VFES work with VPSCC to determine any areas that can be addressed to improve call processing performance. Figure 77: VFES Call Processing Performance (90th Percentile), 2016–2018 03:46 02:33 03:19 03:52 03:44 03:25 01:04 00:0001:0002:0003:0004:00Other Alarms MVC EMS Fire All Calls Benchmark March 3, 2020 - Page 273 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 91 Turnout Time Performance The ability to quickly react to the notice of an alarm and begin responding to an incident is the first component that is under the direct control of the fire department personnel. Turnout is the time it takes personnel to receive the dispatch information, move to the appropriate apparatus, and proceed to the incident. NFPA 1710 specifies that turnout time performance should be less than 60 seconds (01:00), measured at the 90th percentile for incidents other than fire and special operations.24 For fire incidents, turnout time performance should be 1 minute, 20 seconds (1:20). As illustrated in the next figure, VFES turnout time performance is nearly double the expected standard. However, the overall time of 2 minutes, 16 seconds is a common finding in the analysis of similar departments throughout the nation. It should be noted that several VFES units are cross-staffed by the same personnel within the station. Moving equipment from one apparatus to another in order to respond may impact turnout time performance. VFES leadership should conduct additional research to determine if there are actions that they may take to improve this performance. These actions may include station configuration impacting movement to apparatus, training of personnel, etc. Figure 78: VFES Turnout Time Performance (90th Percentile), 2016–2018 02:34 02:17 02:07 02:16 03:11 02:16 01:00 00:20 00:00 01:00 02:00 03:00 04:00 Other Alarms MVC EMS Fire All Calls Benchmark March 3, 2020 - Page 274 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 92 Travel Time Performance Travel time is potentially the longest component of total response time. The distance between the fire station and the location of the emergency influences total response time the most. The impact of only 79.7% of the service area being located within 4 minutes of a fire station is evident in the overall data illustrated in Figure 79. The overall travel time is at 5 minutes and 43 seconds which is slightly higher than industry standards. It should be noted that many departments find it difficult to meet this specific standard. VFES should consider all factors involved to determine what its target response times should be as the department work towards the standard. For the purpose of continuity throughout this performance summary, NFPA 1710 standards will be used for comparison at the 90th percentile. Based on the challenges relating to inclement weather, additional considerations are relevant. Vail experiences on average 66 days per year in which there is measurable snow, this equates to 18% of all days. Often, snowy or icy road conditions may persist for several days beyond the weather event. These conditions result in longer travel times as fire apparatus must travel at slower speeds when snow or ice covers roadways. This factor makes it more appropriate to consider using an 80th percentile performance measure instead of the 90th percentile specified in NFPA 1710. Figure 79: VFES Travel Time Performance (90th Percentile), 2016–2018 06:11 05:31 07:37 05:20 15:14 05:43 04:00 00:00 02:00 04:00 06:00 08:00 10:00 12:00 14:00 16:00 Other Alarms MVC EMS Fire All Calls Benchmark March 3, 2020 - Page 275 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 93 Total Response Time by Station/Zone Figure 80 shows the overall response times within each station district and areas outside of the town limits. As shown in the next section, the NFPA 1710 recommended total response time is 6 minutes, 15 seconds. This is not a reasonable benchmark for areas outside of the town limits but should be considered as a performance measure within the Town of Vail. Figure 80: Total Response Time by Station/Zone, 2018 0:00:00 0:01:26 0:02:53 0:04:19 0:05:46 0:07:12 0:08:38 0:10:05 0:11:31 0:12:58 0:14:24 0:15:50 0:17:17 0:18:43 District 1 - East Vail District 2 - Vail District 3 - West Vail District 3 - West Vail - Outside TOV I-70 - Dowd Junction - MM171-173 I-70 - Vail - MM173-182 I-70 - Vail Pass - MM182-190 I-70 - West - West of MM171 March 3, 2020 - Page 276 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 94 Response Time Performance When turnout time and travel time are combined, this is expressed as response time with an expected performance of 5 minutes or less. This is perhaps one of the most often tracked and reported response time performance measures, as it is comprised of components under the direct control of the department. With turnout time and travel time, both nearly double the individual expected standards, Figure 81 illustrates the same effect of combining these two components. Overall, response time for VFES is at 7 minutes, 24 seconds, which is slightly higher than industry standards. Figure 81: VFES Response Time (Turnout + Travel) Performance (90th Percentile), 2016–2018 08:12 07:18 08:30 06:50 17:45 07:24 05:00 02:00 04:00 06:00 08:00 10:00 12:00 14:00 16:00 18:00 Other Alarms MVC EMS Fire All Calls Benchmark March 3, 2020 - Page 277 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 95 Total Response Time Performance The following figure provides the overall total response time performance for VFES. This combines all components of the response—from 911 call until arrival on the scene. Figure 82 illustrates the combined components for VFES. As can be expected based on all three components exceeding performance standards, the total response time for VFES incidents is 9 minutes, 46 seconds. Once again inclement weather should be considered when evaluating total response time performance Figure 82: VFES Total Response Time Performance (90th Percentile), 2016–2018 10:56 09:09 11:14 09:49 20:56 09:46 06:15 00:00 02:00 04:00 06:00 08:00 10:00 12:00 14:00 16:00 18:00 20:00 22:00 Other Alarms MVC EMS Fire All Calls Benchmark March 3, 2020 - Page 278 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 96 Response-Time Performance for Structure Fires Standard firefighting procedures call for the arrival of the entire initial assignment (sufficient apparatus and personnel to effectively deal with an emergency based on its level of risk, referred to as Effective Response Force) within a specified amount of time. This is to ensure that enough people and equipment arrive soon enough to safely control a fire or mitigate any emergency before there is substantial damage or injury. In this analysis, ESCI examines VFES’s ability to assemble multiple resources across the service area in a timely manner. ESCI analyzed response performance for the order of the first five units arriving at structure fires for incidents occurring in 2018 where three or more units arrived on the scene. For this analysis, only fires with an initial NFIRS coding of building or structure fire listed in the RMS data were included. Additionally, only fire suppression units were used—Command Officers and supplemental units were not included. To be measured, the unit had to have an on-scene timestamp. The measurement used was the response time—turnout plus travel, meaning the time from the verbal dispatch until arrival on the scene. For structure fires, the first unit arrives within 9 minutes, 11 seconds, and the full complement of units arrive within 16 minutes, 41 seconds. Figure 83: VFES Response-Time Performance at 90% for Structure Fires by Order On-Scene, 2018 09:11 11:27 15:10 16:41 15:37 00:00 03:00 06:00 09:00 12:00 15:00 18:00 1st Unit 2nd Unit 3rd Unit 4th Unit All March 3, 2020 - Page 279 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 97 PERFORMANCE OBJECTIVES & MEASURES ESCI references a variety of industry and national standard benchmarks through this report. Benchmarks are considered best practices, but every community is different, and not every benchmark will be a good fit. With this in mind, ESCI provides the following information to correlate the referenced standards and benchmarks into two of the most common types of incidents to which VFES responds—medical emergencies and structure fires. Emergency Medical Services This section provides a summary of the agency’s services relating to pre-hospital medical care. ESCI used focused interviews with internal and external stakeholders combined with the EMS survey to develop a comprehensive perspective of current and future EMS needs throughout the response area for VFES. The purpose of this section is to evaluate the current level of pre-hospital care and future needs based on projected call volume and available resources. ESCI will identify challenges relating to the EMS program and make recommendations with projected outcomes. Time is a significant factor in the achievement of a positive outcome to an emergency event; providing a sufficient number of appropriately equipped personnel within the critical time completes the intervention sequence. Of course, medical emergencies are not all time-critical. However, a rapid response is essential for serious trauma, stroke, cardiac arrest, or conditions that may lead to cardiac arrest. Cardiac arrest is the most significant life-threatening medical even in emergency medicine, occurring 88% of the time outside of a hospital setting.25 A victim of cardiac arrest has only a few minutes in which to receive lifesaving care if there is to be any hope of resuscitation. The American Heart Association (AHA) issues cardiopulmonary resuscitation guidelines designed to streamline emergency procedures for heart attack victims and to increase the likelihood of survival. As with fires, shown later in this section, the sequence of events that lead to emergency cardiac care can be graphically illustrated as in the following figure. March 3, 2020 - Page 280 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 98 Figure 84: Cardiac Arrest Event Sequence AHA guidelines include goals for the application of cardiac defibrillation to cardiac arrest victims. Cardiac arrest survival chances fall by 7 to 10% for every minute between collapse and defibrillation. Therefore, the AHA recommends cardiac defibrillation within five minutes of cardiac arrest. Recent research stresses the importance of immediate CPR, rapid cardiac defibrillation, and administration of certain medications as a means of improving the rate of successful resuscitation and survival. The fire service has been providing EMS for over 40 years. In fact, 90% of the 31,000 departments in the United States provide some form of pre-hospital medical care.26 Since 1980, residential and commercial structure fires nationwide have dropped 52%. In contrast, EMS responses have continued to climb nationally.27 Based on data from the Service Delivery section of this report, VFES has seen an increase in fire- related calls, accounting for approximately 3% of total call volume. In comparison, EMS accounts for 39.6% of the total call volume. VFES has a smaller percentage of call volume compared to most career fire departments due to priority dispatching limiting responses to ski area medical service demand. Eagle County Paramedic Services (ECPS) documented 1,340 medical calls within the response area for VFES. Based on this data, VFES responded to approximately 45% of EMS-related emergencies. This appears to be an opportunity to improve emergency response throughout the town with increased capabilities of the department. There is more discussion on this topic later in this section. March 3, 2020 - Page 281 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 99 Current State As previously mentioned, VFES provides basic life support (BLS) first response to approximately 45% of the EMS calls within the district. Each member of the VFES is certified at the minimum of an EMT-Basic. VFES responded to 613 EMS incidents in 2018. Advanced life support (ALS) and ambulance transport are provided by Eagle County Paramedic Services (ECPS). Based on the information detailed in the Service Delivery section, VFES had an average travel time performance for EMS calls of 5 minutes, 20 seconds. Additional data showed an average travel time for ECPS of 6 minutes, 49 seconds. The following figure shows the average response time for non-skier incidents within the VFES response area by the Eagle County Paramedic Service. Figure 85: Average Eagle County Paramedic Services Response Times, 2018 Medical Emergency Percentage Average Response Time (minutes) Back Pain 1.59% 0:06:23 Bicycle Accident Transport 5.07% 0:07:04 Breathing Problems 4.49% 0:05:36 Chest Pain 3.19% 0:05:22 Community Paramedic Site Visit 3.62% 0:11:28 Convulsions/Seizures 4.20% 0:05:21 Falls 10.00% 0:06:15 First Responder Request 10.87% 0:05:41 Helicopter Assist 8.99% 0:05:52 Hemorrhage/Lacerations 1.88% 0:07:31 Overdose/Poisoning 0.43% 0:07:07 Psychiatric/Abnormal Behavior/Suicide Attempt 1.59% 0:06:28 Sick Person 10.58% 0:05:43 Stroke (CVA) 1.30% 0:06:05 Traffic/Transportation Accidents 13.04% 0:11:01 Traumatic Injuries (Specific) 4.64% 0:06:40 Unconscious/Fainting 14.49% 0:06:20 Based on the resources, population, and geography ESCI recommends that VFES sets response standards based on NFPA 1710 within the town limits of Vail. Based on this recommendation, the above response times by ECPS do not meet standards set by NFPA 1710. VFES should consider increasing first response capabilities on the engines and trucks, corresponding to a higher level of first response care in a shorter time frame. ECPS currently deploys one to three ambulances/crews based on peak demands. The following figure shows the percentage when one, two, three ambulances are committed to medical incidents. This analysis is referred to as concurrency. March 3, 2020 - Page 282 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 100 Figure 86: Eagle County Paramedic Service Concurrency Analysis, 2018 The preceding image shows that ECPS reaches its limit for incident-capacity of approximately 22% and exceeds capacity (three ambulances committed to EMS incidents) 4%. This data supports the necessity for VFES or ECPS to consider increasing resources and capabilities. Enhanced first response capabilities by VFES, including advanced life support, could provide appropriate levels of care during the limited availability of a transport ambulance. Quality Management VFES appears to be providing excellent pre-hospital BLS care. A challenge currently facing many EMS agencies is the lack of objective data to support the high-quality care provided. Evidence-based data can provide objective information regarding the level of care. Additionally, the data can support program expansion and budgetary increases. ESCI’s evaluation indicated that there is an opportunity for improvement regarding data collection and analysis. VFES currently collects patient care data on 64% of patient contacts. ESCI recommends that all EMS calls be documented internally, utilizing the patient care reporting (PCR) system. This system can provide complete/accurate data collection and support the Quality Improvement (QI) program. Most PCR systems will export data to an excel format, and the data can be easily interrogated to provide various evaluations. The following figure shows a minimal data set and potential evaluation criteria that would be beneficial in making objective decisions: 74% 22% 4% One Unit Committed Two Units Committed Three Units Committed March 3, 2020 - Page 283 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 101 Figure 87: Dataset & Quality Assurance Criteria Medical Control and Oversight Dr. Diana Hearne provides medical direction. Interaction with the physician advisor is limited, but, based on VFES’s BLS status, the contact is sufficient for the level of care. An opportunity may exist to expand the level of care provided by VFES. ESCI recommends communicating with its current physician advisor and exploring options for an expanded scope of practice. VFES provides first response BLS care with ALS support provided by ECPS. Based on the information provided, it appears that the system is providing excellent pre-hospital medical care. VFES needs to emphasize the ability to respond to future increased service demand. This analysis identified an opportunity to improve future service delivery by increasing the EMS capabilities provided by VFES. Another opportunity for improvement relates to the integration of emergency services. The Eagle Valley Fire Co-Op has demonstrated the success of multiple entities coming together to improve efficiency, fiscal responsibility, and response capabilities. ESCI recommends that VFES and ECPS take a similar approach, and begin discussion relating to the consolidation. Effective medical direction and training is the key to providing a level of service Vail citizens deserve. As part of the integration plan, VFES should work closely with the Medical Director in conjunction with ECPC to establish response protocols that define responsibilities for EMS incidents. From this, a combined level of service agreement should be developed and implemented that clearly outlines the roles of each agency. Time Study Efficacy Study Utilization Study Data Sets •Medication usage •Procedures performed •Expiration (waste) •BLS Transport •ALS Transport •Refusal •Treat and relaease Data Sets •Vital signs •Treatment success/failure •ETCO2 •ECG •Pulse Ox •Advanced airway •Outcomes Data Sets •Travel •BLS On-Scene •ALS On-Scene •Ambulance On-Scene •Enroute to Hospital •Arrival Destination •Medication and Procedure Times •Average On-Scene Time Evaluation (Quarterly) •How quickly do patients receive ALS care? •What is the time delay between arrival of BLS and arrival of ALS? •Is there a delay of transport for critical patients due to ambulance unavailability? •What is the average on-scene time for BLS, ALS, cardiac arrests, trauma? •How quickly/how often are critical medications administered? •What is the average transport time? Evaluation (Quarterly) •Were inadequate vitals managed in timely manner? •What is the success/failure for all procedures performed? •Were respiratory emergencies managed appropriately (ETCO2)? •Was CPR effective (ETCO2)? •Was current ACLS performed? •What was the hospital disposition? Evaluation (Quarterly) •What medications/supplies are being used and what volume should be carried? •Volume of medication and procedures to determine necessary inventory? •What is BLS vs. ALS transport? •What volume/type of treat and release (indications for community paramedic programs)? March 3, 2020 - Page 284 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 102 Emphasis should also be placed on continuing a focused QA/QI program. Reviewing past incidents is critical to ensure protocols are followed, appropriate treatments are provided, and patient outcomes are assessed. Through this process, agencies can assess their effectiveness, determine training needs, and identify future needs of the area. Fire Suppression Fires predictably develop unless influenced by flammable materials. Ignition, or the beginning of a fire, starts the sequence of events. Depending on fuel load factors and building construction, it may take several minutes or even hours from the time of ignition until a flame is visible. The smoldering stage of a fire is the most dangerous, especially when people are sleeping, as large amounts of highly toxic smoke may be generated during this phase. Once flames do appear, the sequence continues rapidly. Combustible materials adjacent to the open flame will heat and ignite, which in turn heats and ignites other materials if sufficient oxygen is present. As the objects burn, heated gases, which are flammable and highly toxic, accumulate at the ceiling of the room. As all materials in the room of origin reach ignition temperature, an event termed “flashover” occurs; the gases and materials ignite, which in turn ignites everything in the room. Once flashover occurs, there is significant damage, and the environment in the room can no longer support human life. Flashover usually occurs about five to eight minutes after the appearance of flames. There have been changes within the residential fire environment over the past several decades. These changes include energy-efficient construction, larger homes, different home geometries, increased synthetic fuel loads, and changing construction materials.28 The following figure illustrates these changes and the challenges they present to the fire service. Figure 88: Changes in the Fire Environment and the Effect on Fire Dynamics March 3, 2020 - Page 285 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 103 Since flashover has such a dramatic influence on the outcome of a fire event, the goal of any fire agency is to apply water to the fire before flashover occurs. Although modern codes tend to make fires in newer structures more infrequent, today’s energy-efficient construction (designed to hold heat during the winter) also tends to confine the heat of hostile fire. Also, research has shown that modern furnishings generally ignite more quickly and burn hotter due to synthetics. In the 1970s, scientists at the National Institute of Standards and Technology found that after a fire broke out, building occupants had about 17 minutes to escape before being overcome by heat and smoke. Today, that estimate is as short as three minutes. The necessity of effective early warning (smoke alarms), early suppression (fire sprinklers), and firefighters arriving on the scene of a fire in the shortest span of time is more critical now than ever. Perhaps as important as preventing flashover is the need to control a fire before it does damage to the structural framing of a building. Materials used to construct buildings today are often less fire-resistive than the heavy structural skeletons of older frame buildings. Roof trusses and floor joists are commonly made with lighter materials that are more easily weakened by the effects of fire. “Lightweight” roof trusses fail after five to seven minutes of direct flame impingement. Plywood I-beam joists can fail after as little as three minutes of flame contact. This creates a dangerous environment for firefighters. In addition, the contents of buildings today have a much greater potential for heat production than in the past. The widespread use of plastics in furnishings and other building contents rapidly accelerate fire spread and increase the amount of water needed to control a fire effectively. These factors make the need for early application of water essential to a successful fire outcome. Several events must take place quickly to make it possible to achieve fire suppression before flashover. The next figure illustrates the sequence of events with a comparison of modern materials versus legacy materials. Figure 89: Fire Growth vs. Reflex Time29 March 3, 2020 - Page 286 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 104 The prompt arrival of at least four personnel is critical for structure fires. NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Department and the Respiratory Protection Standard, 29 CFR 1910.134 requires personnel entering a building involved in fire to work in groups of two. Further, before personnel can enter a building to extinguish a fire, at least two personnel must be on the scene and assigned to conduct search and rescue in case the fire attack crew becomes trapped. This concept is referred to as the two-in, two-out rule. Additionally, this does not account for the necessary effective response force described in the Staffing section. Performance Benchmarks VFES is currently developing performance benchmarks for service delivery. One of the improvements in development is the auto-station alerting system. VFES hopes to have the system in place by the end of 2020. ESCI recommends the development and adoption of formal performance standards. The following sections are based on best practices and can be used as examples for the development of fire, EMS, and hazmat performance benchmarks. NFPA 1710 is based on meeting performance benchmarks at the 90th percentile, however based on previous discussions relating to inclement weather the 80th percentile may be more applicable. Fire Suppression Benchmarks For 90% of all low, moderate, high, and extreme risk fire-related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes, 20 seconds (6:20) in urban areas, and 7 minutes, 20 seconds (7:20) in suburban and rural response zones. The first-due arriving unit shall carry a minimum of 500 gallons of water and be capable of producing 1,500 gallons per minute pumping capacity. The first-due unit shall establish command, declare scene priorities, establish an uninterrupted water supply, perform life-saving and property-saving interventions, and provide scene safety and accountability for the VFES members and citizenry. For 90% of Low-Risk fires, the minimum effective response force (ERF) staffing shall be six firefighters that arrive within 8 minutes, 20 seconds (8:20) in urban areas, and 10 minutes, 20 seconds (10:20) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and control an escalating incident. For 90% of Moderate-Risk fires, the minimum effective response force staffing shall be 17 firefighters that arrive within 10 minutes, 20 seconds (10:20) in the urban areas, and 12 minutes, 20 seconds (12:20) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. March 3, 2020 - Page 287 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 105 For 90% of High-Risk fires, the minimum effective response force staffing shall be 28 firefighters that arrive within 10 minutes, 20 seconds (10:20) in urban areas, and 14 minutes, 20 seconds (14:20) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. EMS/Rescue Benchmarks For 90% of all low, moderate, high, and extreme risk medical and rescue related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes (6:00) in urban areas, and 7 minutes (7:00) in suburban and rural response zones. The first- due arriving unit shall be staffed with a minimum of one certified Paramedic and equipped with ALS equipment that allows for advanced patient care before the arrival of a transport-capable unit. The first-due unit shall establish command, conduct and document the patient assessment, provide basic and/or advanced treatment, provide scene safety and accountability for the VFES members and citizenry, and assist with packaging and transferring the patient to the transport unit. For 90% of Low-Risk medical and rescue incidents, the minimum effective response force staffing shall be three firefighters that arrive within 6 minutes (6:00) in urban areas, and 7 minutes (7:00) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. For 90% of Moderate-Risk medical and rescue incidents, the minimum effective response force staffing shall be six firefighters that arrive within 8 minutes (8:00) in urban areas, and 10 minutes (10:00) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. For 90% of High-Risk medical and rescue incidents, the minimum effective response force staffing shall be 13 firefighters that arrive within 10 minutes (10:00) in urban areas, and 12 minutes (12:00) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. For 90% of Extreme-Risk medical and rescue incidents, the minimum effective response force staffing shall be 16 firefighters that arrive within 12 minutes, 10 seconds (12:10) within urban areas, and 14 minutes, 10 seconds (14:10) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. March 3, 2020 - Page 288 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 106 Hazardous Materials Benchmarks For 90% of all low, moderate, high, and extreme risk hazardous materials-related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes, 20 seconds (6:20) in urban areas, and 7 minutes, 20 seconds (7:20) in suburban and rural response zones. The first-due arriving unit shall be staffed with personnel that are trained to the minimum level of hazardous materials operations and equipped with air monitoring, and commodity identification software or references. The first-due unit shall establish command, declare scene priorities, initiate confinement plans, and provide scene safety and accountability for the VFES members and citizenry. For 90% of Low-Risk hazardous materials incidents, the minimum effective response force staffing shall be three firefighters that arrive within 6 minutes, 20 seconds (6:20) in urban areas, and 7 minutes, 20 seconds (7:20) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. For 90% of Moderate-Risk hazardous materials incidents, the minimum effective response force staffing shall be seven firefighters that arrive within 8 minutes, 20 seconds (8:20) in urban areas, and 12 minutes, 20 seconds (12:20) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. For 90% of High-Risk hazardous materials incidents, the minimum effective response force staffing shall be 12 firefighters that arrive within 10 minutes, 20 seconds (10:20) in urban areas, and 12 minutes, 20 seconds (12:20) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. For 90% of Extreme-Risk hazardous materials incidents, the minimum effective response force staffing shall be 17 firefighters that arrive within 12 minutes, 30 seconds (12:30) in urban areas, and 14 minutes, 30 seconds (14:30) in suburban and rural response zones. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. Public Assist & Service Call (Other) Benchmarks For 90% of all Low-Risk public assist and service incidents the total response time for the arrival of the first- due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes (6:00) in urban areas, and 7 minutes (7:00) in suburban and rural response zones. The first-due unit shall establish command, conduct an incident assessment, initiate mitigation, and provide scene safety and accountability for the VFES members and citizenry. March 3, 2020 - Page 289 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 107 OVERVIEW OF COMPLIANCE METHODOLOGY VFES is committed to improving its current service-delivery model to further reduce the loss of life and property within the community. The following section of this report helps to reinforce VFES’s commitment through the following: 1. Implementation and maintenance of a quality assurance and improvement compliance model. 2. Comparative review and gap analysis of current performance and benchmark performance. 3. Development of an improvement strategy. 4. System and procedural recommendations. Accountability & Responsibility In accordance with the requirements set forth within the Center for Public Safety Excellence (CPSE) Community Risk Assessment: Standards of Cover (CRA-SOC), 6th Edition, VFES is responsible for the creation of a compliance team to ensure that the CRA-SOC is maintained as a “living document” that is continually referenced, reviewed and updated. ESCI recommends that VFES comprise a compliance team of the Fire Chief, Operations Chief, Administrative Assistant, and at least three members from the firefighter and officer ranks that represent each shift. Quality Assurance & Improvement Compliance Model As is evidenced within this CRA-SOC report, a formal process was used to assess organizational capabilities and deployment, as it pertains to risks within the Vail community. ESCI has referenced a six-step compliance model and included it within this report to assist VFES in meeting current and future needs within the community. The following outlines the key tenets of an effective compliance model: Figure 90: Compliance Model March 3, 2020 - Page 290 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 108 Step 1: Establish/Review Performance Measures Conduct a full review of the performance measures every five years. At a minimum, this process should: • Identify service levels provided • Define levels of risk • Categorize levels of risk • Develop performance measures and objectives: § By incident type § By geographic demand zone § Distribution (first on-scene) § Concentration (arrival of full first alarm) Step 2: Evaluate Performance Performance measures are applied to actual services provided: • System level • First-due area level • Unit level • Full effective response force Step 3: Develop Compliance Strategies Determine issues and opportunities: • Determine what needs to be done to close identified gaps between goals and actual performance • Seek alternative methods to provide service at desired levels • Determine if resources can or should be reallocated • Develop budget estimates as necessary • Seek additional funding commitment as necessary Step 4: Communicate Expectations to Organization and Stakeholders Communicate expectations: • Explain the method of measuring compliance to personnel who are expected to perform the services • Provide feedback mechanisms • Define the consequences of noncompliance Train Personnel: • Provide appropriate levels of training/direction for all affected personnel • Communicate consequences of noncompliance • Modify (remediate) internal processes, application systems, and technical infrastructure as necessary to comply March 3, 2020 - Page 291 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 109 Step 5: Validate Compliance Develop and deploy verification tools and/or techniques that can be used by divisions of the organization on an ongoing basis to verify that they are meeting the requirements: • Monthly evaluation: § Performance by unit § Overall performance § Review of performance by division • Quarterly evaluation: § Performance by unit § Performance by first-due § Overall performance § Review of performance by executive management Step 6: Make Adjustments/Repeat Process Review changes to ensure that service levels have been maintained or improved. Develop and implement a review program to ensure ongoing compliance: • Annual review & evaluation § Performance by unit § Performance by first-due § Overall performance § Review of performance by governing body § Adjustment of performance standards by governing body as necessary • Five-year update of Standards of Cover § Performance by unit § Performance by first-due § Full effective response force § Overall performance § Adoption of performance measures by the governing body • Establish management processes to deal with future changes in the VFES service area March 3, 2020 - Page 292 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 110 Performance Evaluation & Improvement Compliance Strategy The success of the aforementioned compliance model will be improved through regular evaluation of service- level performance. As such, VFES is encouraged to implement a perpetual review process to monitor and report its baseline service-delivery model capabilities, evaluate performance gaps, and develop improvement options. The service-delivery performance review should be formally conducted on a monthly basis and trended through a quarterly and annual report that is reviewed by the governing body and elected officials. Additionally, the report should be made available to the public via the fire department website to enhance the transparency of system capabilities and monitoring of performance trends. The following figure illustrates a format that may be used as a template for future response and effective response force (ERF) benchmark reporting, with consideration given to the establishment of Town and rural performance benchmarks. Figure 91: Sample Performance Reporting Template Moderate Risk EMS Response 90th Percentile Performance Jan Feb Mar Q1 Gap Apr May Jun Q2 Gap Benchmark Alarm Handling Pick-up to Dispatch 1:00 Turnout Time Turnout Time City 1:00 Rural 1:00 Travel Time 1st Unit Distribution City 4:00 n = Rural 7:00 n = ERF Concentration City 8:00 n = Rural 12:00 n = Total Response Time 1st Unit On-Scene Distribution City 6:00 n = Rural 9:00 n = ERF Concentration City 10:00 n = Rural 14:00 n = March 3, 2020 - Page 293 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 111 Section IV: CONCLUSIONS & RECOMMENDATIONS March 3, 2020 - Page 294 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 112 LONG-RANGE OPTIONS FOR RESOURCE DEPLOYMENT VFES has an excellent Continuity of Operations Plan designed to deliver critical services during events that exceed normal response capabilities. The following section describes the recommended strategies for Vail Fire and Emergency Services to consider adding to the existing operational plan. When evaluating these options, VFES should determine priorities and categorize each option into short-term, mid-term, or long- term strategies. Since VFES staff and the Town Council have an intimate knowledge of its capacity to address these strategies, they are in the best position to determine the time necessary to accomplish each one. Staffing & Personnel Administrative Staffing • One administrative area of potential concern is the various roles of the Fire Marshal position. Consider administrative “back-up” to cover if the Fire Marshal is on extended leave. Effective Response Force • The analysis found in the Staffing section identified that VFES does not have adequate staffing levels to mitigate events beyond low-risk categories without the assistance of mutual/auto-aid. Data showed that two or more concurrent events exceed 27%, demonstrating limitations in the capacity of emergency response in the area. Additionally, data presented in the Service Delivery section showed prolonged total response times. ESCI recommends the long-term consideration for an additional engine/truck company at Station 2. • Another long-term consideration should be a consolidation of resources between ERFPD and VFES. ESCI recommends a feasibility study to determine the overall efficacy of a combined organization. Financial • Continue with the requirement to operate within a balanced budget and its comprehensive financial policies. • Establish an apparatus replacement program to accumulate sufficient funds to acquire fire apparatus and transportation resources at the appropriately scheduled time. Capital Facilities • Based on the limitations described in the Capital Facilities & Apparatus section, ESCI recommends the relocation of Station 2 closer to I-70. Analysis indicates that there is poor access (curved driveway) limiting current and future needs for apparatus. Due to the high volume of pedestrians crossing in front of Station 2, there are safety concerns during the movement of apparatus. Apparatus & Deployment • ESCI noted the aerial device is unable to be placed at Station 2, the area of highest risk and call volume, because of street access maneuverability and unavailable vehicle parking space. A long-term consideration of relocating Station 2 should include the design of facilities capable of housing an aerial device. March 3, 2020 - Page 295 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 113 Service-Delivery Performance • VFES is currently developing performance benchmarks for fire, EMS, hazmat, and public assist service demand. ESCI recommends the continued development and formal adoption of standards found in the Performance Benchmark section. • ESCI does not recommend performance benchmarks. However, a sample resolution based on current national standards is provided in Appendix B. Call Processing • As was noted in the preceding Call Processing Performance section, the three-year, 90th percentile call processing time is 3 minutes, 25 seconds. VFES is currently working on the addition of automated station alerting. ESCI recommends that VFES review call-processing workflow processes and performance measures monthly. VFES should reference NFPA 1221: Telecommunications standard for best practices within the communication center. Turnout Time • As was noted in the preceding Turnout Time Performance section, the three-year, 90th percentile turnout time is 2 minutes, 16 seconds, and is consistently underperformed at all stations when compared to the 1-minute, 20-second turnout time that is considered the industry benchmark. ESCI recommends that the Operations Chief and Battalion Chiefs clearly communicate the turnout time performance goals of VFES and review situations where the turnout time exceeds the benchmark. Care should be exercised when determining causal factors that could include technical issues and human error. • VFES could place countdown clocks within the fire station living area and apparatus bay to serve as a reminder of timeliness. Information Technology • ESCI recommends the development of a process improvement program that routinely evaluates the efficiency and efficacy of information technology throughout the system. Examples include: § RMS Software—NFIRS software, timekeeping software, training records, pre-fires, inspection, or occupancy. § Daily Calendar—scheduling and planning. Much can be accomplished if the firefighters can better plan their days. § Telephone, tele-conferencing capacities—Audio/Visual. § Handheld devices with appropriate application software—iPhones, tablets, communication equipment, PPE with smart features, air packs with location and biometrics. March 3, 2020 - Page 296 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 114 • ESCI recommends that VFES expand its recording and reporting within the records management system. Currently, VFES collects patient care reports on 64% of patient contacts. When ECPS arrives at the same time or prior to VFES, PCR reports are generally not completed. Based on data gathered from ECPS, there were inconsistencies relating to the percentages for each category of provider impression. This process is limiting the availability of data to support quality improvement measures. Emergency Medical Services • Unit hour utilization (UHU) for VFES units was between 2.38% and 5.85%. This data supports the capacity for VFES to increase service delivery. Currently, VFES only responds to 45% of EMS service demand within the town limits. As previously mentioned, this limitation of response is due to the ski area transports to which FES does not provide response. Additional EMS service demand would most likely increase call concurrency but would also support the additional staffing previously discussed. • NFPA 1710 total response time for EMS incidents is 6 minutes, 15 seconds. ECPS has demonstrated efficient response, but as shown in Performance Objectives & Measures does not meet NFPA 1710 standards. Additionally, ECPS has a concurrency (multiple units assigned on incidents) of 26%, limiting its capacity for increased service demand and major events. ESCI recommends VFES consider increasing EMS capabilities, including advanced life support, on the existing apparatus. • As is common in most cities, the demand for EMS represents the majority of responses by VFES. ECPS provides a high level of service and relies upon the VFES to provide initial response and stabilization. Further efficiencies should be explored with a partnership and a possible reallocation of funding for services. Examples include a regional approach to ambulances that could consist of hybrid staffing of cross-trained personnel (fire and medical). This would aid in improving VFES’s current emergency response force deficit at multi-family, commercial, and high-rise fires. March 3, 2020 - Page 297 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 115 Community Risk Wildland/Interface Fire Preparation • Throughout this document there have been numerous references regarding the significant risk that wildland fires pose to the Vail community. ESCI recommends that VFES should continue participating in the Eagle County Emergency Operations Plan. • Continue to prioritize mitigation efforts with residential neighborhoods and unincorporated areas within the response district not required to follow Vail’s fire protection ordinances. • VFES should review internal operational plans to ensure consistency with the Eagle County AOP. • Preliminary Damage Assessment. The task of Preliminary Damage Assessment (PDA) is the first “thorough” survey of a community’s Critical Infrastructure status following a catastrophic event. If a catastrophic fire is imminent or has transpired, provisions and procedures should be in place to handle the tasks of assessing the damage—expeditiously. Time spent assessing the damage of fire is time well spent due to minimizing delay in Federal assistance. Given the Town of Vail’s limited resources in its firefighting force and and challenges often associated with maintaining a coordinated incident action plan, it is proposed that senior Town employees participate in the critical infrastructure PDA. The workload of conducting a complete PDA in its entirety should not be expected of its fire suppression force. Specific task assignments can be parsed with regard to the employee’s job descriptions. • Early notification/activation of evacuation. This action is warranted given the location and special features of the Town of Vail. The momentous fire and fuel profile of the region’s evergreen forest poses great challenges to citizen safety if a fire is out of control. Furthermore, the features of the area’s topography, geography, weather influences, influx of non-resident persons, and the limited transportation access, adds further complexity to the management of an evacuation operation. There was some confusion regarding the Town of Vail’s plans for the notification/activation of evacuation. ESCI recommends continued review of the plan and the development of a more concise document for dissemination to the public and use in a public education program. Recent tragedies involving California wildland fires have demonstrated the necessity for clear, concise, and accessible information regarding emergency evacuations. This plan or procedure should be during the early stages of an uncontrolled, nearby working forest fire. ESCI recommends the VFES adopt department policies that address the conditions in which evacuation should commence. Said policies should consider inter-department divisions in the Town of Vail to expedite evacuation in case fire and police personnel are overwhelmed with incident rescue, suppression, point protection, and perimeter control. March 3, 2020 - Page 298 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 116 Disaster and Catastrophic Events Management • VFES has a contingency plan for call-back in the event of a catastrophic natural weather event. VFES should periodically test the capabilities of the system and determine if the procedures would be adequate to maintain emergency services during a major event. • VFES should consider adding procedures to the Administrative Procedures document defining a firefighter’s obligation to return or remain on duty during major events. This issue is further exacerbated by the current 48/96 work schedule of on-duty personnel. The likelihood of an ongoing catastrophic fire event lasting over a 12 to 24-hour time period is anticipated. A shorter, emergency situational shift can be established. Additionally, the cascading events that surround a catastrophic fire event lend more weight in bolstering workforce to accommodate the spike in critical staffing needs. • The “72-hour rule.” In the event of a “Major Disaster” to regions like the Vail community, the affected region will be expected to manage independently with only local and state resources for at least 72 hours. The U.S. Federal Emergency Management Agency (FEMA) has criterion, set forth by the Stafford Act, which states that a State or Local Jurisdiction must act independently for 72 hours before the Federal Government will consider providing financial or technical aid to the affected region.30 It is anticipated that local resources will be quickly exhausted during and following the initial 72 hours of the event. A Comprehensive Emergency Management Plan (CEMP), if in existence, should address the operating and reporting procedures of the AHJ to the State of Colorado. The Governor’s Office, if conditions present itself, can decide to declare a state of emergency for the severely devastated region. If a declaration of emergency has been determined, the Governor of the State is held with the responsibility of addressing it to the Federal Authorities. Avalanche Preparation • The Vail Intermountain Fuels Reduction Project is a critical component of risk reduction relating to wildland fire. The removal of timber can also result in an increased risk of avalanche. ESCI recommends continued efforts in identifying hazard zones and placing emphasis on public education. • The avalanche on March 3, 2019, occurring in Summit County, crossed all lanes of I-70 and is evidence of the destructive forces that can impact the Vail community. It is also evidence that an avalanche is not isolated to backcountry environments. ESCI recommends contingency plans for the long-term closure of I-70 and corresponding emergency needs. Incidents on Interstate 70 • Approximately 12% of VFES service demand is on I-70. Based on the analysis of I-70 motor vehicle accidents, found in the Transportation Networks section, VFES should consider the addition of one firefighter assigned to Station 1. The additional firefighter would improve the overall system ERF and provide staffing for a blocker for roadway safety. • Continue efforts to reduce motor vehicle collisions along the I-70 corridor by shutting down the highway sooner during snow events. March 3, 2020 - Page 299 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 117 Section V: APPENDICES March 3, 2020 - Page 300 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 118 APPENDIX A: TABLE OF FIGURES Figure 1: VFES Project Study Area ................................................................................................................ 3 Figure 2: VFES Organizational Structure ...................................................................................................... 5 Figure 3: Capital Asset Comparison .............................................................................................................. 6 Figure 4: Seasonal Capital Asset Comparison ............................................................................................... 6 Figure 5: Emergency Response Type and Frequency .................................................................................... 7 Figure 6: Total Incidents per 1,000 Population, 2018 ..................................................................................... 8 Figure 7: Fires per 1,000 Population, 2018 ..................................................................................................... 8 Figure 8: VFES Emergency Response Staffing Summary .............................................................................. 9 Figure 9: Town of Vail General Fund Revenues (FY 2014–FY 2018) ............................................................. 10 Figure 10: Town of Vail Actual General Fund Expenditures (Actual FY 2014–FY 2018) ................................ 11 Figure 11: Town of Vail Actual GF Cash-Flows & Ending Cash Balances (Actual FY 2014–FY 2018) .............. 12 Figure 12: Town of Vail General Fund Budget (FY 2019) .............................................................................. 12 Figure 13: Town of Vail Financials (Adopted FY 2019 Budget–Projected FY 2023) ....................................... 13 Figure 14: VFES Actual Expenditures by Year (CY 2015–CY 2018) ............................................................... 14 Figure 15: Career Operations Staff Positions .............................................................................................. 16 Figure 16: Station Minimum Staffing .......................................................................................................... 17 Figure 17: Operations Staff Work Schedule ................................................................................................ 17 Figure 18: Theoretical Relief Factor Calculation, 2018 ................................................................................. 18 Figure 19: Vail Fire & Emergency Services Calculated Operational Staff Shortage/Overage ....................... 18 Figure 20: Risk Assessment Scoring Methodology ...................................................................................... 20 Figure 21: Fire Incident Risk Assessment .................................................................................................... 21 Figure 22: Medical Incident Risk Assessment .............................................................................................. 23 Figure 23: Rescue Incident Risk Assessment ............................................................................................... 24 Figure 24: Roadway Blocking Vehicle ......................................................................................................... 25 Figure 25: Hazardous Materials Incident Risk Assessment .......................................................................... 26 Figure 26: Critical Tasking & ERF for Fire-Risk Categories ........................................................................... 28 Figure 27: Criteria Utilized to Determine Fire Station Condition ................................................................. 31 Figure 28: VFES Fire Station 1 (East Vail) .................................................................................................... 32 Figure 29: VFES Fire Station 2 (Main Vail) ................................................................................................... 33 Figure 30: VFES Fire Station 3 (East Vail) .................................................................................................... 34 Figure 31: VFES Frontline Apparatus, Staff, & Support Vehicles, 2019 ........................................................ 36 Figure 32: Criteria & Method for Determining Apparatus Replacement ...................................................... 38 March 3, 2020 - Page 301 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 119 Figure 33: Economic Theory of Vehicle Replacement .................................................................................. 39 Figure 34: Risk Identification and Analysis Process1 .................................................................................... 41 Figure 35: Town of Vail Official Avalanche Hazard Map .............................................................................. 44 Figure 36: Town of Vail Official Rockfall Hazard Map .................................................................................. 45 Figure 37: Wildfire Risk Assessments for Eagle County ............................................................................... 46 Figure 38: Forest Asset Layer Characteristics .............................................................................................. 47 Figure 39: Fire Response Classes ................................................................................................................ 48 Figure 40: Colorado Forest Assets .............................................................................................................. 48 Figure 41: Areas Infested by Mountain Pine Beetle & Spruce Beetle in Colorado, 1996–2017 ...................... 49 Figure 42: Drinking Water Importance Areas .............................................................................................. 50 Figure 43: Vail Workers Transportation to Work ......................................................................................... 52 Figure 44: Traffic Volume Interstate 70 Over Vail Pass, 2016–2018 ............................................................. 53 Figure 45: Historical Population Trends, 2010–2019 ................................................................................... 56 Figure 46: Population Density by 2017 ACS Census Block Group ................................................................ 58 Figure 47: Vail Seasonal Population, 2018 ................................................................................................... 59 Figure 48: Population by Generation .......................................................................................................... 60 Figure 49: Vail Home Values, 2018 ............................................................................................................. 61 Figure 50: Population by Gender ................................................................................................................ 61 Figure 51: U.S. Census Facts for At-Risk Population .................................................................................... 62 Figure 52: Land-Use Zoning ....................................................................................................................... 62 Figure 53: Vail Occupancy Type Classifications, 2018 .................................................................................. 63 Figure 54: NFIRS Incident Types ................................................................................................................. 68 Figure 55: VFES Service Demand by Incident Type, 2014–2018 .................................................................. 69 Figure 56: VFES Service Demand by Incident Type, 2014–2018 .................................................................. 70 Figure 57: VFES Service Demand by Month, 2014–2018 ............................................................................. 71 Figure 58: VFES Service Demand by Day, 2014–2018 ................................................................................. 72 Figure 59: Service Demand by Hour, 2014–2018 ......................................................................................... 73 Figure 60: VFES Geographic Service Demand, 2018 (Incidents per Square Mile) ......................................... 74 Figure 61: VFES Service Area Population Density ....................................................................................... 75 Figure 62: VFES 1.5-Mile Engine Distribution per ISO Criteria ..................................................................... 77 Figure 63: VFES 2.5-Mile Truck Distribution per ISO Criteria ....................................................................... 78 Figure 64: VFES 5-Mile Coverage ............................................................................................................... 79 Figure 65: VFES Hydrant Coverage ............................................................................................................. 80 March 3, 2020 - Page 302 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 120 Figure 66: VFES 4/8-Minute Travel Time Model .......................................................................................... 81 Figure 67: VFES Point Map Travel Time Model and 2018 Service Demand .................................................. 82 Figure 68: Commitment Factors as Developed by Henrico County (VA) Division of Fire, 2016 .................... 83 Figure 69: VFES Unit Hour Utilization, 2018 ............................................................................................... 84 Figure 70: VFES Call Concurrency, 2018 ...................................................................................................... 84 Figure 71: Capacity Personnel Requirements .............................................................................................. 85 Figure 72: VFES Effective Response Force, 8-minute Travel ....................................................................... 86 Figure 73: Mutual Aid by Incident Type, 2017–2019 ..................................................................................... 87 Figure 74: Mutual Aid Response Times, 2017–2019 ..................................................................................... 87 Figure 75: Response-Time Components ..................................................................................................... 89 Figure 76: NFPA 1710 Standards for Fire/EMS Responses ........................................................................... 89 Figure 77: VFES Call Processing Performance (90th Percentile), 2016–2018 ................................................. 90 Figure 78: VFES Turnout Time Performance (90th Percentile), 2016–2018 ................................................... 91 Figure 79: VFES Travel Time Performance (90th Percentile), 2016–2018 .................................................... 92 Figure 80: Total Response Time by Station/Zone, 2018 .............................................................................. 93 Figure 81: VFES Response Time (Turnout + Travel) Performance (90th Percentile), 2016–2018 ................... 94 Figure 82: VFES Total Response Time Performance (90th Percentile), 2016–2018 ....................................... 95 Figure 83: VFES Response-Time Performance at 90% for Structure Fires by Order On-Scene, 2018 ........... 96 Figure 84: Cardiac Arrest Event Sequence .................................................................................................. 98 Figure 85: Average Eagle County Paramedic Services Response Times, 2018 ............................................. 99 Figure 86: Eagle County Paramedic Service Concurrency Analysis, 2018 .................................................. 100 Figure 87: Dataset & Quality Assurance Criteria ....................................................................................... 101 Figure 88: Changes in the Fire Environment and the Effect on Fire Dynamics ........................................... 102 Figure 89: Fire Growth vs. Reflex Time ..................................................................................................... 103 Figure 90: Compliance Model ................................................................................................................... 107 Figure 91: Sample Performance Reporting Template ............................................................................... 110 March 3, 2020 - Page 303 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 121 APPENDIX B: SAMPLE PERFORMANCE BENCHMARK RESOLUTION RESOLUTION NO. 7 Series of 2020 RESOLUTION ADOPTING VAIL FIRE AND EMERGENCY SERVICES POLICY ON RESPONSE PERFORMANCE OBJECTIVES WHEREAS, Vail Fire and Emergency Services, herein referred to as “VFES,” provides fire and non-fire related emergency response to the Town of Vail and outlying boundaries through contract and mutual aid agreements; and WHEREAS, industry standards based on NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments provide achievable standards for response to Fire, EMS, Hazard Materials and other types of emergency incidents; and WHEREAS, the Town of Vail provides an effective emergency response force that must provide reasonable total response times to properly mitigate emergency incidents, and; WHEREAS, adopting formal performance standards for Vail Fire and Emergency Services is essential to current and future service demand; and WHEREAS, low level, moderate level, high level, and extreme risk level are defined as a risk category measurement where threats are measured considering probability of occurrence, and hazard, danger or loss is measured in consequence; and WHEREAS, Vail’s location in the Rocky Mountains results in approximately 66 days per year in which roadways are impacted by snow and ice; and WHEREAS, the following formal standard response performance benchmarks are herein established as core goals for the Vail Fire and Emergency Services for response within the boundaries of the Town of Vail Fire Suppression Benchmarks 1. For 80% of all low, moderate, high, and extreme risk fire-related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes, 20 seconds (6:20). a. The first-due arriving unit shall carry a minimum of 500 gallons of water and be capable of producing 1,500 gallons per minute (GPM) pumping capacity. b. The first-due unit shall establish command, declare scene priorities, establish an uninterrupted water supply, perform lifesaving and property-saving interventions, and provide scene safety and accountability for the VFES members and citizenry. March 3, 2020 - Page 304 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 122 2. For 80% of Low-Risk fires, the minimum effective response force (ERF) staffing shall be six firefighters that arrive within 10 minutes, 20 seconds (10:20). a. The Effective Response Force, herein called “ERF,” staffing shall be capable of safely controlling the incident in accordance with adopted VFES standard operating guidelines. b. ERF members shall be authorized to request additional resources to enhance safety and control an escalating incident. 3. For 80% of Moderate-Risk fires, the minimum effective response force staffing shall be 17 firefighters that arrive within 12 minutes, 20 seconds (12:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 4. For 80% of High-Risk fires, the minimum effective response force staffing shall be 28 firefighters that arrive within 14 minutes, 20 seconds (14:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. EMS/Rescue Benchmarks 1. For 80% of all low, moderate, high, and extreme risk medical and rescue related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes (6:00). a. The first-due arriving unit shall be staffed with a minimum of one certified Paramedic and equipped with ALS equipment that allows for advanced patient care prior to the arrival of a transport-capable unit. b. The first-due unit shall establish command, conduct, and document the patient assessment, provide basic and/or advanced treatment, provide scene safety and accountability for the VFES members and citizenry, and assist with packaging and transferring the patient to the transport unit. 2. For 80% of Low-Risk medical and rescue incidents, the minimum effective response force staffing shall be three firefighters that arrive within 6 minutes (6:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance to the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 3. For 80% of Moderate-Risk medical and rescue incidents, the minimum effective response force staffing shall be six firefighters that arrive within 9 minutes (9:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. March 3, 2020 - Page 305 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 123 4. For 80% of High-Risk medical and rescue incidents, the minimum effective response force staffing shall be 13 firefighters that arrive within 12 minutes (12:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 5. For 80% of Extreme-Risk medical and rescue incidents, the minimum effective response force staffing shall be 16 firefighters that arrive within 14 minutes, 10 seconds (14:10). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. Hazardous Materials Benchmarks 1. For 80% of all low, moderate, high, and extreme risk hazardous materials-related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes, 20 seconds (6:20). a. The first-due arriving unit shall be staffed with personnel that are trained to the minimum level of hazardous materials awareness and equipped with air monitoring, and commodity identification software or references. The first-due unit shall establish command, declare scene priorities, initiate confinement plans, and provide scene safety and accountability for the VFES members and citizenry. 2. For 80% of Low-Risk hazardous materials incidents, the minimum effective response force staffing shall be three firefighters that arrive within 6 minutes, 20 seconds (6:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance to the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 3. For 80% of Moderate-Risk hazardous materials incidents, the minimum effective response force staffing shall be seven firefighters that arrive within 9 minutes (9:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 4. For 80% of High-Risk hazardous materials incidents, the minimum effective response force staffing shall be 12 firefighters that arrive within 12 minutes, 20 seconds (12:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. March 3, 2020 - Page 306 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 124 5. For 80% of Extreme-Risk hazardous materials incidents, the minimum effective response force staffing shall be 17 firefighters that arrive within 14 minutes, 30 seconds (14:30). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. Public Assist and Service Call (Other) Benchmarks 1. For 90% of all Low-Risk public assist and service incidents the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 10 minutes (10:00). a. The first-due unit shall establish command, conduct an incident assessment, initiate mitigation, and provide scene safety and accountability for the VFES members and citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The findings, conclusions, and statements of fact contained in the preamble are hereby adopted, ratified, and incorporated herein. Section 2. It is the policy of the Town of Vail to establish and maintain internal controls and procedures to ensure that applicable standards are adopted in full or part and followed with regard to the good order of the fire department. It is further the policy of the Town of Vail to receive benchmark performance versus actual performance comparisons annually from Vail Fire and Emergency Services to ensure efforts are made to meet these industry-established standards. Section 3. This Resolution shall take effect and be in force from and after its adoption. March 3, 2020 - Page 307 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 125 APPENDIX C: REFERENCES 1 Benchmark data available through National Fire Protection Association (NFPA) is based primarily on population and does not consider geographical size or population density of the particular area. Regarding costs per capita, the data from which these comparable figures are extracted does not delineate between volunteer or career departments, nor does it segregate those departments heavily involved in the provision of emergency medical services, particularly transport service, which can increase departmental costs dramatically. 2 Respiratory Protection Standard 29 CFR 1910.134; Occupational Health & Safety Administration. 3 NFPA 1720: Standard for the Organization & Deployment of Fire Suppression Operations, Emergency Medical Operations & Special Operations to the Public by Volunteer Fire Departments. 4 Koen, S. “24/48 vs. 48/96 Work Schedules: A Comparative Analysis, Round the Clock Systems, 2005. 5 Safety Committee INTERIM Advisory (May 30, 2012). Fatigue in emergency medical services. The National EMS Advisory Council. 6 Community Risk Assessment: Standards of Cover, 6th Edition. Center for Public Safety Excellence, 2016. 7 Wildfire Regulations, Section 2-110, Eagle County, Colorado Building Regulations. 8 Community Wildfire Protection Plan, Eagle County Fire Protection District, 2011. 9 IAFC Urging Immediate Action on Roadway Safety, International Association of Fire Chiefs, February 4, 2019. 10 Grand Rapids Fire Department unveils truck to block freeway traffic, absorb potential crashes, John Tunison, MLive, April 3, 2019. 11 NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, to the Public by Career Fire Departments; National Fire Protection Association. 12 NFPA 1901: Standard for Automotive Fire Apparatus; Section D.3. 13 Community Risk Assessment: Standards of Cover 6th edition. Center for Public Safety Excellence, page 13. 14 Wright, Pam. Colorado Avalanches Bury Cars, Roadways; Backcountry Skier Killed Amid “Extreme Danger.” March 2019. 15 Mountain Pine Beetle. Colorado State University Forest Service. Retrieved from: https://csfs.colostate.edu/forest- management/common-forest-insects-diseases/mountain-pine-beetle/. 16 Ibid. 17 Retrieved from: http://www.city-data.com/city/Vail-Colorado.html. 18 Home Fire Victims by Age and Gender. Ahrens, Marty. December 2018. 19 https://www.vailgov.com/projects/town-council-to-begin-detailed-review-of-vail-open-lands-plan-update-on-july-3. 20 Fatal Fires in Residential Buildings (2014–2016), Topical Fire Report Series Volume 19, Issue 1/June 18, U.S. Department of Homeland Security, U.S. Fire Administration, National Fire Data Center. 21 How Busy Is Busy?; Retrieved from https://www.fireengineering.com/articles/print/volume-169/issue- 5/departments/fireems/how-busy-is-busy.html . March 3, 2020 - Page 308 of 359 Community Risk Assessment: Standards of Cover Vail Fire & Emergency Services 126 22 NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments; and the Commission on Fire Accreditation (CFAI) Standards of Cover, 6th Edition. 23 NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, Center for Public Safety Excellence Community Risk Assessment: Standards of Cover, 6th Edition. 24 NFPA 1710: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. 25 Expert overview: AHA CPR Guidelines, 2019. Taylor, Dan. 26 Compton, D. Fire Department-Based EMS: A Proud Tradition, 2006. 27 Haynes, H. J. National Fire Protection Agency. Retrieved from NFPA.org. September 2017. 28 Stephen Kerber, Analysis of Changing Residential Fire Dynamics, and their Implications on Firefighter Operational Timeframes. Underwriters Laboratories. 29 Ibid. 30 FEMA, Stafford Act, 1974. March 3, 2020 - Page 309 of 359 RESOLUTION NO. 7 Series of 2020 A RESOLUTION ADOPTING VAIL FIRE AND EMERGENCY SERVICES RESPONSE PERFORMANCE OBJECTIVES WHEREAS, Vail Fire and Emergency Services, herein referred to as “VFES,” provides fire and non-fire related emergency response to the Town of Vail and outlying boundaries through contract and mutual aid agreements; and WHEREAS, industry standards based on NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments provide achievable standards for response to Fire, EMS, Hazard Materials and other types of emergency incidents; and WHEREAS, the Town of Vail provides an effective emergency response force that must provide reasonable total response times to properly mitigate emergency incidents, and; WHEREAS, adopting formal performance standards for Vail Fire and Emergency Services is essential to current and future service demand; and WHEREAS, low level, moderate level, high level, and extreme risk level are defined as a risk category measurement where threats are measured considering probability of occurrence, and hazard, danger or loss is measured in consequence; and WHEREAS, Vail’s location in the Rocky Mountains results in approximately 66 days per year in which roadways are impacted by snow and ice; and WHEREAS, the following formal standard response performance benchmarks are herein established as core goals for the Vail Fire and Emergency Services for response within the boundaries of the Town of Vail Fire Suppression Benchmarks 1. For 80% of all low, moderate, high, and extreme risk fire-related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes, 20 seconds (6:20). a. The first-due arriving unit shall carry a minimum of 500 gallons of water and be capable of producing 1,500 gallons per minute (GPM) pumping capacity. b. The first-due unit shall establish command, declare scene priorities, establish an uninterrupted water supply, perform lifesaving and property-saving interventions, and provide scene safety and accountability for the VFES members and citizenry. March 3, 2020 - Page 310 of 359 2. For 80% of Low-Risk fires, the minimum effective response force (ERF) staffing shall be six firefighters that arrive within 10 minutes, 20 seconds (10:20). a. The Effective Response Force, herein called “ERF,” staffing shall be capable of safely controlling the incident in accordance with adopted VFES standard operating guidelines. b. ERF members shall be authorized to request additional resources to enhance safety and control an escalating incident. 3. For 80% of Moderate-Risk fires, the minimum effective response force staffing shall be 17 firefighters that arrive within 12 minutes, 20 seconds (12:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 4. For 80% of High-Risk fires, the minimum effective response force staffing shall be 26 firefighters and 2 EMS personnel that arrive within 14 minutes, 20 seconds (14:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. EMS/Rescue Benchmarks 1. For 80% of all low, moderate, high, and extreme risk medical and rescue related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes (6:00). a. The first-due arriving unit shall be staffed with a minimum of one certified Paramedic and equipped with ALS equipment that allows for advanced patient care prior to the arrival of a transport-capable unit. b. The first-due unit shall establish command, conduct, and document the patient assessment, provide basic and/or advanced treatment, provide scene safety and accountability for the VFES members and citizenry, and assist with packaging and transferring the patient to the transport unit. 2. For 80% of Low-Risk medical and rescue incidents, the minimum effective response force staffing shall be three firefighters that arrive within 6 minutes (6:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance to the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 3. For 80% of Moderate-Risk medical and rescue incidents, the minimum effective response force staffing shall be six firefighters that arrive within 10 minutes (10:00). March 3, 2020 - Page 311 of 359 a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 4. For 80% of High-Risk medical and rescue incidents, the minimum effective response force staffing shall be 13 firefighters that arrive within 12 minutes (12:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 5. For 80% of Extreme-Risk medical and rescue incidents, the minimum effective response force staffing shall be 16 firefighters that arrive within 14 minutes, 10 seconds (14:10). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating and medical care guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. Hazardous Materials Benchmarks 1. For 80% of all low, moderate, high, and extreme risk hazardous materials-related incidents, the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 6 minutes, 20 seconds (6:20). a. The first-due arriving unit shall be staffed with personnel that are trained to the minimum level of hazardous materials awareness and equipped with air monitoring, and commodity identification software or references. The first-due unit shall establish command, declare scene priorities, initiate confinement plans, and provide scene safety and accountability for the VFES members and citizenry. 2. For 80% of Low-Risk hazardous materials incidents, the minimum effective response force staffing shall be three firefighters that arrive within 6 minutes, 20 seconds (6:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance to the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 3. For 80% of Moderate-Risk hazardous materials incidents, the minimum effective response force staffing shall be seven firefighters that arrive within 10 minutes (10:00). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. March 3, 2020 - Page 312 of 359 4. For 80% of High-Risk hazardous materials incidents, the minimum effective response force staffing shall be 12 firefighters that arrive within 12 minutes, 20 seconds (12:20). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. 5. For 80% of Extreme-Risk hazardous materials incidents, the minimum effective response force staffing shall be 17 firefighters that arrive within 14 minutes, 30 seconds (14:30). a. The ERF staffing shall be capable of safely controlling the incident in accordance with the adopted VFES standard operating guidelines. ERF members shall be authorized to request additional resources to enhance safety and manage an escalating incident. Public Assist and Service Call (Other) Benchmarks 1. For 90% of all Low-Risk public assist and service incidents the total response time for the arrival of the first-due unit, staffed with a minimum of one officer and two firefighters, shall be within 10 minutes (10:00). a. The first-due unit shall establish command, conduct an incident assessment, initiate mitigation, and provide scene safety and accountability for the VFES members and citizenry. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The findings, conclusions, and statements of fact contained in the preamble are hereby adopted, ratified, and incorporated herein. Section 2. It is the policy of the Town of Vail to establish and maintain internal controls and procedures to ensure that applicable standards are adopted in full or part and followed with regard to the good order of the fire department. It is further the policy of the Town of Vail to receive benchmark performance versus actual performance comparisons annually from Vail Fire and Emergency Services to ensure efforts are made to meet these industry-established standards. Section 3. This Resolution shall take effect and be in force from and after its adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of March 2020. _________________________ Dave Chapin, Town Mayor March 3, 2020 - Page 313 of 359 ATTEST: ___________________________ Tammy Nagel, Town Clerk March 3, 2020 - Page 314 of 359 Emergency Services Consulting InternationalEmergency Services Consulting International STANDARD FOR COVER COMMUNITY RISK ASSESSMENT STUDY Rich Buchanan Senior Consultant/Project Manager Vail Fire and Emergency Services March 3, 2020 - Page 315 of 359 Emergency Services Consulting International March 3, 2020 - Page 316 of 359 Emergency Services Consulting International Scope Of Work Emergency Services Consulting International (ESCI) was retained to complete a Standard of Cover and Community Risk Assessment Analysis for the town of Vail, Colorado. March 3, 2020 - Page 317 of 359 Emergency Services Consulting International Scope Of Work •Community & Department Description & Overview •Review of Services Provided by VFES •Community Risk Assessment •Performance Objectives & Measures •Conclusions & Recommendations March 3, 2020 - Page 318 of 359 Emergency Services Consulting International Analysis included: •Review of WFD Background information Past research Local census & demographic data SOG’s Facilities & Apparatus RMS Data and incident records GIS Data March 3, 2020 - Page 319 of 359 Emergency Services Consulting International Analysis included (cont.) •On site meetings with key staff, firefighters and elected/appointed officials ESCI was very impressed with the commitment, level of engagement and participation of VFES staff March 3, 2020 - Page 320 of 359 Emergency Services Consulting International ESCI Assessed Current Conditions •ESCI Reviewed: •Background information •Organizational history •Current service delivery infrastructure •Governance & Lines of Authority •Organizational design •Budget & financial resources March 3, 2020 - Page 321 of 359 Emergency Services Consulting International Current Staffing Analysis •ESCI Reviewed: •Administrative and support staff levels •Staff allocation to various functions and divisions •Staff scheduling & pay methodologies •Standards of Cover incident performance •Operational deployment practices March 3, 2020 - Page 322 of 359 Emergency Services Consulting International Current Organizational Structure March 3, 2020 - Page 323 of 359 Emergency Services Consulting International Service Delivery & Performance •Service Demand Study included:•GIS analysis of current service demand by incident type•Temporal analysis of incident demand and staffing performance•GIS analysis of first-due response time performance and capabilities March 3, 2020 - Page 324 of 359 Emergency Services Consulting International Historical Service Demand (2014-2018) 2014 2015 2016 2017 2018 Fire 47 51 55 44 67 Alarm 522 540 552 530 538 Other 501 457 559 558 584 EMS 571 527 560 611 613 MVC 230 128 165 145 127 Total 1,871 1,703 1,891 1,888 1,929 0 500 1,000 1,500 2,000 2,500 March 3, 2020 - Page 325 of 359 Emergency Services Consulting International Historical Service Demand (2014-2018) Fire 2.8% Alarm 28.9% Other 28.6% EMS 31.0% MVC 8.6% March 3, 2020 - Page 326 of 359 Emergency Services Consulting International Temporal Analysis –Day of Week 10.0% 11.0% 12.0% 13.0% 14.0% 15.0% 16.0% 17.0% Sunday Monday Tuesday Wednesday Thursday Friday Saturday March 3, 2020 - Page 327 of 359 Emergency Services Consulting International Temporal Analysis –Time of Day 0% 1% 2% 3% 4% 5% 6% 7% March 3, 2020 - Page 328 of 359 Emergency Services Consulting International Temporal Analysis -Monthly 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% 11.0% 12.0% March 3, 2020 - Page 329 of 359 Emergency Services Consulting International Overall Incident Service Demand March 3, 2020 - Page 330 of 359 Emergency Services Consulting International Performance Based on ISO Standards March 3, 2020 - Page 331 of 359 Emergency Services Consulting International Performance Based on ISO Standards March 3, 2020 - Page 332 of 359 Emergency Services Consulting International Response Time Analysis March 3, 2020 - Page 333 of 359 Emergency Services Consulting International Response Time Analysis March 3, 2020 - Page 334 of 359 Emergency Services Consulting International I-70 and Vail Pass Considerations (2018) District 1 -East Vail 12% District 2 -Vail 54% District 3 -West Vail 18% Eagle County/ ERFPD 3% I-70 TOV 4% I-70 Contract 8% Other 1% March 3, 2020 - Page 335 of 359 Emergency Services Consulting International I-70 and Vail Pass Considerations (2018) 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Total Traffic Volume Forcast Lower Confidence Higher Confidence March 3, 2020 - Page 336 of 359 Emergency Services Consulting International Response Time Analysis March 3, 2020 - Page 337 of 359 Emergency Services Consulting International Incident Concurrency March 3, 2020 - Page 338 of 359 Emergency Services Consulting International EMS Response Analysis March 3, 2020 - Page 339 of 359 Emergency Services Consulting International EMS Response Analysis March 3, 2020 - Page 340 of 359 Emergency Services Consulting International EMS Response Analysis March 3, 2020 - Page 341 of 359 Emergency Services Consulting International Community Risk Assessment •Avalanche •Rock Fall •Drinking Water •Wildfire and Wildland-Urban Interface •Transportation •Hazardous Materials •Physical Assets Protected •Population March 3, 2020 - Page 342 of 359 Emergency Services Consulting International Community Risk Assessment Avalanche March 3, 2020 - Page 343 of 359 Emergency Services Consulting International Community Risk Assessment Rockfall March 3, 2020 - Page 344 of 359 Emergency Services Consulting International Community Risk Assessment Wildfire and Wildland- Urban Interface March 3, 2020 - Page 345 of 359 Emergency Services Consulting International Community Risk Assessment •Physical Properties Residential properties 2,000-20,000 square feet Numerous low -rise structures (Hotel) Rental Units •Transportation I-70 Haz-mat incidents March 3, 2020 - Page 346 of 359 Emergency Services Consulting International Community Risk Assessment Figure 45: Historical Population Trends, 2010–2019 March 3, 2020 - Page 347 of 359 Emergency Services Consulting International Community Risk Assessment March 3, 2020 - Page 348 of 359 Emergency Services Consulting International Community Risk Assessment March 3, 2020 - Page 349 of 359 Emergency Services Consulting International Response Standards and Targets Figure 90: Compliance Model March 3, 2020 - Page 350 of 359 Emergency Services Consulting International Recommended Response Standards •For 80%-90% of all calls for service received, the communications center will notify and dispatch the appropriate units in less than 60 seconds. •The VFES will achieve a turnout time goal of 60 seconds for EMS incidents and 80 seconds for fires and special operations incidents at the 80th -90th percentile. •For the 80% -90% of all emergency incidents, the first due unit shall arrive within 5 minutes from the time the VFES units are dispatched for medical emergencies and 5 minutes, 20 seconds for fire emergencies. March 3, 2020 - Page 351 of 359 Emergency Services Consulting International Recommended Staffing Standards March 3, 2020 - Page 352 of 359 Emergency Services Consulting International Recommended Staffing Standards 3 18 11 25 0 5 10 15 20 25 30 2016 2017 2018 YTD 2019 Mutual Aid ERFPD March 3, 2020 - Page 353 of 359 Emergency Services Consulting International Recommended Staffing Standards March 3, 2020 - Page 354 of 359 Emergency Services Consulting International Response Standards and Targets •APPENDIX B: SAMPLE PERFORMANCE BENCHMARK RESOLUTION•RESOLUTION NO. 7•Series of 2020••RESOLUTION ADOPTING VAIL FIRE AND EMERGENCY SERVICES POLICY ON RESPONSE PERFORMANCE OBJECTIVES••WHEREAS, Vail Fire and Emergency Services, herein referred to as “VFES,” provides fire and non-fire related emergency response to the Town of Vail and outlying boundaries through contract and mutual aid agreements; and••WHEREAS, industry standards based on NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments provide achievable standards for response to Fire, EMS, Hazard Materials and other types of emergency incidents; and ••WHEREAS, the Town of Vail provides an effective emergency response force that must provide reasonable total response times toproperly mitigate emergency incidents, and;••WHEREAS, adopting formal performance standards for Vail Fire and Emergency Services is essential to current and future servic e demand; and••WHEREAS, low level, moderate level, high level, and extreme risk level are defined as a risk category measurement where threats are measured considering probability of occurrence, and hazard, danger or loss is measured in consequence; and ••WHEREAS, Vail’s location in the Rocky Mountains results in approximately 66 days per year in which roadways are impacted by s now and ice; and •••WHEREAS, the following formal standard response performance benchmarks are herein established as core goals for the Vail Fire and Emergency Services for response within the boundaries of the Town of Vail……………………….. March 3, 2020 - Page 355 of 359 Emergency Services Consulting International Recommendation Overview •Develop and adopt specific performance standards. Consider options to increase an effective response force. •Staffing increases •Feasibility studies for consolidation of fire and EMS organizations Consider relocation of Station 2 and the corresponding movement of aerial apparatus to Station 2 Consider potential improvements to total response time performance standards •Call processing / dispatching improvements Consider increasing service delivery relating to EMS incidents Consider enhancing safety procedures relating to I-70 Continued evaluation/update of all procedures relating disaster and catastrophic events management March 3, 2020 - Page 356 of 359 Emergency Services Consulting International Conclusion •ESCI appreciates the opportunity to work with the administration and staff of VFES. •VFES is an extremely professional organization that is at a cross-roads. •Continued success of the organization will require flexibility, operational integration, and implementation of industry standard practices. March 3, 2020 - Page 357 of 359 Emergency Services Consulting International QUESTIONS? March 3, 2020 - Page 358 of 359 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Adjournment 7:25 (estimate) March 3, 2020 - Page 359 of 359