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HomeMy WebLinkAbout2020-08-04 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Agenda Virtual 1:00 PM, August 4, 2020 Meeting to be held Virtually (access High Five Access Media livestream https://www.highfivemedia.org/live-five the day of the meeting and visit https://www.vailgov.com/town-council to participate in public comment) Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment on any agenda item may be solicited by the Town Council. 1.Executive Session 1.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) - to have a conference with the town attorney to receive legal advice on specific legal questions; and to determine positions, develop a negotiating strategy and instruct negotiators, regarding: Proposed amendment to the Development Agreement between the Town and Crossroads East One; LLC (Solaris development project; 2) C.R.S. §24-6-402(4)(f) - to discuss personnel matters, regarding: Town Manager employment review. 90 min. Presenter(s): Matt Mire, Town Attorney 2.The Afternoon Regular Meeting will reconvene at 2:30 p.m. 3.Presentation / Discussion 3.1.US D A, Forest Service, W hite River National Forest Challenge Cost Share Agreement Discussion 10 min Presenter(s): Kristen Bertuglia, Environmental Sustainability Director, Marcia Gilles, US F S Deputy District Ranger, W hite River National Forest Action Requested of Council: Review the Challenge Cost Share Agreement and ask any questions of staff or the attending member of the US Forest Service. Background: The Challenge Cost Share Agreement enables the Town of Vail and the US Forest Service to work together to develop, plan, and implement mutually beneficial projects related to forest protection, watershed restoration, and hazardous fuels reduction projects on and off of National Forest System Lands managed by the W hite River National Forest. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution, No. 31, Series of 2020 at the evening session of the Vail Town Council, August 4, 2020. 3.2.New County W ide Animal Control Code Discussion 30 min. Presenter(s): Craig Bettis, Vail Police Commander and Nathan Lehnert, Eagle County Field Services Manager Action Requested of Council: Listen to presentation and ask questions. August 4, 2020 - Page 1 of 138 Background: Last November the Town Council was presented the idea of a county wide animal control code and the basics of what it would look like. Staff Recommendation: Provide staff feedback on locations to allow pets off leash in town. 3.3.Colorado Sales and Use Tax System (S UTS) Discussion 15 min. Presenter(s): Alex J akubiec, Revenue Manager Action Requested of Council: I nformation Only; During tonight’s evening meeting Council will be asked to approve, or approve with amendments Resolution 33, Series 2020 and Ordinance 9, Series 2020. Background: Following the 2018 Supreme Court decision in South Dakota vs W ayfair Colorado began the process of complying with destination based sales tax collections. To simplify and create a less burdensome remittance process for remote sellers, the State of Colorado created a tax simplification software allowing a single point of remittance. The State has requested that all home rule municipalities participate in the system within 3 years of implementation. 3.4.Presentation of impacts from the 1982 Gallagher Amendment to the Colorado Constitution on the town's property tax collections and proposed ballot question to voters in November 2020. 20 min. Presenter(s): Kathleen Halloran, Finance Director and Tammy Nagel, Town Clerk Action Requested of Council: Provide feedback to staff on proceeding with a ballot question in November. Background: Please see attached memorandum. Staff Recommendation: Direct staff to proceed with a ballot question in November and provide input on a general election or a coordinated election with Eagle County. 3.5.Economic Recovery Efforts in Response to Public Health Crisis 30 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: I nformation Only. Background: Town staff will present updates about many of the economic recovery programs that are ongoing, such topics include: Commercial Rent Relief Final Proposal, special events and music activation updates as well as recent revenue collections. 4.Interviews for Boards and Commissions 4.1.I nterview for Design and Review Board (D RB)20 min. Presenter(s): Tammy Nagel, Town Clerk Action Requested of Council: I nterview a candidate who is interested in serving on D RB. Background: One vacancy exists on the Town of Vail Design Review Board (D RB) and interviews will be conducted during the afternoon meeting. The partial term of new appointment begins August 5, 2020 and expires on March 31, 2022. Duties of the five-member D RB include reviewing the design of new structures, remodels, sign requests, landscaping plans and other architectural and aesthetic matters. 5.D R B / P E C Update (5 min.) 5.1.D RB / P E C Update August 4, 2020 - Page 2 of 138 Presenter(s): J onathan Spence, Planning Manager 6.Information Update 6.1.V LMD A C J une Meeting Minutes 6.2.V LHA Meeting Results J uly 14, 2020 6.3.J uly Revenue Update 7.Matters from Mayor, Council and Committee Reports (10 min.) 8.Recess 8.1.Recess 4:50 pm (estimate) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media website the week following meeting day, www.highfivemedia.org. Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48 hour notification dial 711. August 4, 2020 - Page 3 of 138 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: Executive Session, pursuant to: 1) C.R.S . §24-6-402(4)(b)(e) - to have a conference with the town attorney to receive legal advice on specific legal questions; and to determine positions, develop a negotiating strategy and instruct negotiators, regarding: P roposed amendment to the Development Agreement between the Town and Crossroads E ast One; L L C (S olaris development project; 2) C.R.S . §24-6-402(4)(f) - to discuss personnel matters, regarding: Town Manager employment review. P RE S E NT E R(S ): Matt Mire, Town Attorney August 4, 2020 - Page 4 of 138 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: US D A , Forest Service, W hite River National Forest Challenge Cost S hare A greement Discussion P RE S E NT E R(S ): K risten Bertuglia, E nvironmental Sustainability Director, Marcia Gilles, US F S Deputy District Ranger, W hite River National Forest AC T IO N RE Q UE S T E D O F C O UNC I L: Review the Challenge Cost Share A greement and ask any questions of staff or the attending member of the US Forest Service. B AC K G RO UND: The Challenge Cost S hare Agreement enables the Town of Vail and the US Forest Service to work together to develop, plan, and implement mutually beneficial projects related to forest protection, watershed restoration, and hazardous fuels reduction projects on and off of National F orest S ystem L ands managed by the W hite River National Forest. S TAF F RE C O M M E ND AT IO N: Staff recommends the Vail Town Council approve Resolution, No. 31, Series of 2020 at the evening session of the Vail Town Council, August 4, 2020. AT TAC H ME N TS: Description Resolution No. 31, Series of 2020 Memorandum Resolution No. 31, Series of 2020 Attachment B - Memorandum to the Vail Town Council July 21, 2020 Attachment C - Challenge Cost Share Agreement August 4, 2020 - Page 5 of 138 To: Vail Town Council From: Environmental Sustainability Department Date: July 21, 2020 Subject: Resolution No. 31, Series of 2020, A Resolution approving a Challenge Cost Share Agreement between the Town of Vail and the USDA Forest Service, White River National Forest I. Purpose The purpose of the Challenge Cost Share agreement is to allow the Town of Vail and the US Forest Service to work together in the effort to mitigate the risk of wildland fire in East Vail in the area adjacent to the Booth Creek drainage, with the secondary benefit of improving habitat for bighorn sheep and other wildlife. II. Background The USFS has established a proposal for the Vail Valley Forest Health Project that will reduce potential wildfire impacts to the wildland urban interface in East Vail through fuel reduction treatments. The proposed project area is approximately 4,400 acres and is located on the north side of I-70 from Spraddle Creek east to Pitkin Creek and north to Bald Mountain and will ultimately include secondary benefits to habitat and wildlife. This project is subject to the National Environmental Policy Act (NEPA) review process and will require the support of an approved NEPA contractor, SE Group, based in Frisco, CO. SE Group is an approved contractor of the US Forest Service, which means they are pre-qualified to complete NEPA-related work on their behalf. SE Group is familiar with the region, the Vail Community, the stakeholders, and the terrain, as background knowledge on this specific project with locally based field technicians. The town has contracted SE Group to begin silviculture field work within the 4400-acre proposed project area to determine the appropriate treatment prescription. For a detailed description of the project and NEPA review process phases, see the memorandum to the Vail Town Council dated July 21st, 2020 (Attachment B). III. USFS and Town of Vail Partnership In order to begin work on the NEPA review process, the Town of Vail and the USFS must enter into a Challenge Cost Share Agreement (CSA) (Attachment C). CSAs do not obligate the partner (the Town of Vail) to spend funds but allows the USFS and the August 4, 2020 - Page 6 of 138 Town of Vail Page 2 Town to work together. This partnership provides a framework for the parties to cost share and to cooperatively develop, plan, design, and implement projects that are mutually beneficial to the parties as well as facilitating rural prosperity and economic development. At this time, the US Forest Service is committed to supporting the project through staff time for review. There is also potential for use of, or applications for the Forest Service technical staff, National Forest Foundation Grants, and Federal funding as the project moves forward. IV. Staff Recommendation Staff recommends the Vail Town Council approve Resolution No. 31, Series of 2020. V. Attachments A). Resolution No. 31, Series of 2020 B.) Memorandum to the Vail Town Council, July 21, 2020 C.) Challenge Cost Share Agreement August 4, 2020 - Page 7 of 138 RESOLUTION NO. 31 Series of 2020 A RESOLUTION APPROVING A CHALLENGE COST SHARE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE USDA, FOREST SERVICE, WHITE RIVER NATIONAL FOREST WHEREAS, the U.S. Forest Service (the “USFS”) has primary responsibility for protection, management, restoration, and improvement of National Forest System lands; WHEREAS, the Town has responsibility for protection, management, restoration and improvement of land within the Town of Vail; WHEREAS, the Town and the USFS agree that the benefits of improving and protecting National Forest System lands will have direct benefits to the land within the Town of Vail, including but not limited to reducing current and future wildfire hazard, creating strategic fuel breaks, maintaining/expanding aspen diversity while maintaining ecosystem structure and processes; and WHEREAS, the Town and the USFS wish to enter into a cost share agreement (the “IGA”), attached hereto as Exhibit A and made a part hereof by this reference, to best achieve the above-referenced goals 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 in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. 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 4th day of August 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk August 4, 2020 - Page 8 of 138 To: Vail Town Council From: Environmental Sustainability Department Date: July 21, 2020 Subject: Vail Valley Forest Health and Fuels Project Proposal I. Purpose The purpose of this memorandum is to provide an update on the effort to mitigate the risk of wildland fire in East Vail in the area adjacent to the Booth Creek drainage, with the secondary benefit of improving habitat for bighorn sheep and other wildlife. II. Background As identified in the Community Wildfire Protection Plan (CWPP) adopted by the Vail Town Council in 20201, the land area above East Vail (Attachment A) is located within the identified Wildland Urban Interface. This area was identified for a potential fuels reduction project which would support the goals of the CWPP. Due to mature stands of mountain shrub communities, downed trees, dry terrain, likelihood of fire, and proximity to neighborhoods and critical infrastructure, a project to reduce fuels in this area is one is appropriate. The goals of the CWPP are as follows: 1. Reduce the risk of a Wildland Urban Disaster within the Town of Vail 2. Decrease the probability of landscape scale high severity wildfire events 3. Build business community resiliency to wildfire disasters 4. Citizen engagement and preparedness 5. Support the utilization of forest products In addition, the wildlife habitat quality in this area is considered poor. In 1998, an Environmental Assessment was completed for the Booth Creek Burn Project in this area, with the following stated goals: 1. Reducing the accumulation of natural fuels 1 Vail Community Wildfire Protection Plan: https://www.vailgov.com/Portals/0/docs/Fire/Vail%20Community%20Wildfire%20Protection%20Plan.pdf August 4, 2020 - Page 9 of 138 Town of Vail Page 2 2. Manage tree stands using both commercial and non-commercial methods. Clear-cut aspen and/or use prescribed fire to regenerate. 3. Establish elk, moose, bighorn sheep, and TES species on sites that can supply the habitat needs of the species and population levels of CDOW. 4. Alter age classes of browse stands in a diverse unit. Though this project was never implemented due to community concern over temporary local air quality impacts, the need to address the accumulation of natural fuels has only strengthened over the years. Throughout 2019 and 2020 staff has been working to establish a partnership with the USFS, landowners, Colorado Parks and Wildlife (CPW) and biologists to identify the proper course of action to address the declining East Vail bighorn sheep herd habitat conditions. To that end, the environmental sustainability department formed the Bighorn Sheep Habitat Restoration Working Group with the following stated goal: To achieve consensus across multiple governmental agencies on a course of action, timeline, funding sources and short & long-range plan necessary to address critical habitat restoration for the East Vail big horn sheep herd on both Town of Vail land and USFS land in East Vail. To date, the Town of Vail has completed the following on town-owned property: mechanical thinning of mountain shrub community on ~40 acres, opening of game trails, and slash piling. A burn permit was obtained for two small portions of town-owned land and Colorado Department of Transportation (CDOT) Right-of-Way, however the town was unable to burn as conditions were not appropriate (sheep present, timing of budding shrubs and climatic conditions, public health constraints). In order to address the urgent need to improve conditions in the East Vail area, including a portion of the Eagle’s Nest Wilderness Area, the USFS has established a proposal for the Vail Valley Forest Health Project that will reduce fuels and ultimately include secondary benefits to habitat and wildlife. This project is subject to the National Environmental Policy Act (NEPA) review process and will require the support of an approved NEPA contractor, SE Group, based in Frisco, CO. SE Group is an approved contractor of the US Forest Service, which means they are pre-qualified to complete NEPA related work on their behalf. SE Group is familiar with the region, the Vail Community, the stakeholders, and the terrain, as background knowledge on this specific project with locally based field technicians. IV. Current Status of the Vail Valley Forest Health Project Proposal The Eagle-Holy Cross Ranger District has established a draft Purpose and Need Statement as follows: The Eagle-Holy Cross Ranger District proposes to reduce potential wildfire impacts to the wildland urban interface in East Vail through fuel reduction treatments. The proposed project area is approximately 4,400 acres and is located on the north side of I- August 4, 2020 - Page 10 of 138 Town of Vail Page 3 70 from Spraddle Creek east to Pitkin Creek and north to Bald Mountain. Of the 4,400 acres in the proposed project area, 2,418 acres are within the Eagle’s Nest Wilderness. Actual treatment acres, location, and treatment type will depend on Forest Service analysis. Treatments would include a combination of the following: • Prescribed fire (both broadcast and piling burning) • Manual pruning and chainsaw treatments • Potential mechanical treatments on slopes less than 40% (excluding areas within Wilderness) The proposed treatments would reduce the accumulation of fuels and alter the age classes of trees and shrubs by removing over-mature plants and stimulating plant regeneration. Prescribed burns would occur in the spring and/or fall over multiple years. Mechanical treatments and/or hand treatments would occur in the summer and/or fall to allow for safe crew access and to reduce disturbance to overwintering bighorn sheep. The project area encompasses the Management Area 5.42 – Bighorn Sheep Habit, therefore this project proposal also aims to create critical escape cover and nutrient-rich winter forage. It is anticipated that this project will be prepared under an Environmental Assessment (EA) and specific written comments on the proposed project will be accepted for 30 calendar days following publication of notice in the Vail Daily. The proposed action is subject to an objection process consistent with 36 CFR 218(a) (b), which includes an opportunity to object before the final decision is made. V. National Environmental Policy Act (NEPA) Process Though supported by the Town of Vail, the NEPA review process for the Vail Valley Forest Health and Fuels Project is entirely owned and controlled by the US Forest Service, and will be undertaken by SE Group, serving as the third party contractor for presentation of materials for public comment and review. The full process includes six phases (estimated between $200,000-$250,000): • Phase 1 - National Environmental Policy Act (NEPA), Environmental Assessment initial contract with SE Group, USFS – July, 2020 • Phase 2- GIS/Mapping – August-September, 2020 • Phase 3- Technical Reporting – Field assessments, desk assessments, study, August-December, 2020 o Wildlife/Vegetation/Wetlands o Silviculture/Fuels for proposed action o Hydrology o Cultural o Scenery o Recreation o Traffic o Air Quality August 4, 2020 - Page 11 of 138 Town of Vail Page 4 • Phase 4: Scoping – Develop the Proposed Action and Analysis Area – (30 day posting requirement) Prepare the EA over late fall through end of 2020, release document full EA draft decision document, public comment period (45 day requirement) - December 2020 – spring, 2021 • Phase 5: EA and Draft Decision Document Preparation- summer, 2021 • Phase 6: Objection Period and Final Decision Document Preparation (90 days required)- fall, 2021 (Phase 7): Implementation • USFS permitting, planning, staffing for prescribed fire, mechanical treatment, (required 6 months) - fall- winter 2021 • Communications, public outreach/open house – winter 2021 • Large-scale prescribed fire (helicopter) over 2 days and or mechanical treatment (dependent upon outcome of Environmental Assessment) – spring 2022 Should the project be approved, costs for a full-scale implementation on a per acre basis are as follows. Note that these are preliminary estimates provided by the USFS. At this time, no funding has been earmarked by the USFS, however grant funding and additional in-kind support could be available depending on the prescription (treatment plan) approved. • $600-700/acre, Mastication • $1000-1500/acre, Mechanized timber removal (slopes less than 40%) • $20,000-$25,000/mile, Road Reconstruction (if Spraddle Creek road needs to be improved for hauling timber) • $600-$1200/acre, Hand Treatments (cut and handpile), dependent upon fuels density • $400-$800/acre, Hand Treatments (cut, lop & scatter), dependent upon fuels density • $150-$500/acre, Prescribed fire treatment, dependent upon prep work needed and acres burned (more acres in a burn plan, reduces cost). Small acreage Prescribed burns have high per acre costs since most of the costs are fixed. In some cases costs are > $1500/acre or more, depending on holding resources needed. • $100-250/acre, Pile Burning • $2500-5000/year, Monitoring (annual x 3) VI. USFS and Town of Vail Partnership In order to begin work on the NEPA review process, the Town of Vail and the USFS must enter into a Challenge Cost Share Agreement (CSA). CSAs do not obligate the partner (the Town of Vail) to spending funds but allows the USFS and the Town to work together. This partnership provides a framework for the parties to cost-share and to cooperatively develop, plan, design, and implement projects that are mutually beneficial to the parties as well as facilitating rural prosperity and economic development. August 4, 2020 - Page 12 of 138 Town of Vail Page 5 At this time, the US Forest Service is committed to supporting the project through staff time for review. There is also potential for use of the Forest Service technical staff, National Forest Foundation Grants, and Federal funding, however these funding sources may only be pursued following a Challenge Cost Share Agreement is completed with the Town of Vail and the USFS. The CSA is currently under review by the USFS attorneys and will come before the Vail Town Council as a Resolution for an intergovernmental agreement on August 4, 2020. VII. Staff Recommendation While the NEPA process for the Vail Valley Forest Health and Fuels Project is thorough and will ultimately involve a significant period of public comment and technical review, staff recommends the following initial steps: 1. The Vail Town Council direct staff to move forward with a contract with SE Group to complete Phases 1, 2, and the silviculture and fuels field work portion of Phase 3, so that work may be completed this season in the amount of $36,000 (Attachment B). This cost is within the $100,000 approved budget within the Real Estate Transfer Tax (RETT) fund in 2020. 2. The Vail Town Council review and consider the Challenge Cost Share Agreement between the US Forest Service and the Town of Vail at the August 4th meeting of the Vail Town Council. VIII. Attachments A). Vail Valley Forest Health and Fuels Project Proposal – Project Map B.) SE Group Scope of Work August 4, 2020 - Page 13 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 1 of 17 (Rev.3-15) FS Agreement No. 20-CS-11021500-045 Cooperator Agreement No. CHALLENGE COST SHARE AGREEMENT Between The TOWN OF VAIL And The USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST This CHALLENGE COST SHARE AGREEMENT is hereby made and entered into by and between the Town of Vail, hereinafter referred to as “the Cooperator,” and the USDA, Forest Service, White River National Forest hereinafter referred to as the “U.S. Forest Service,” under the authority: The Department of Interior and Related Agencies Appropriation Act of 1992, Pub. L. 102-154, and as amended, and The Wyden Amendment, 16 U.S.C 1011a and as amended Background: This partnership provides a framework for the parties to cost-share and to cooperatively develop, plan, design, and implement projects that are mutually beneficial to the parties as well as promote programs of the Secretary which includes but not limited to facilitating rural prosperity and economic development. Title: Forest Protection, Watershed Restoration, and Hazardous Fuels Reduction Projects I. PURPOSE: The purpose of this agreement is to document the cooperation between the parties to cost- share and to cooperatively develop, plan, and implement mutually beneficial projects related to forest protection, watershed restoration, hazardous fuels reduction, and other restoration projects on and off of National Forest System Lands managed by the White River National Forest. This Agreement provides for the interchange of services, equipment, supplies, and future funding needs to meet the mutually agreed upon objectives of the agreement in accordance with the following provisions and the hereby incorporated Operating and Financial Plan, attached as Exhibit A. II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS: Whereas, the U.S. Forest Service has primary responsibility for protection, management, restoration, and improvement of National Forest System lands; and Whereas, the Cooperator has primary responsibility for protection, management, restoration, and improvement of their lands; and Whereas, it is agreed that the benefits of improving and protecting National Forest System lands will have direct benefits to the Town of Vail lands and surrounding multi-ownership August 4, 2020 - Page 14 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 2 of 17 (Rev.3-15) landscape. These benefits include reducing current and future wildfire hazard, creating strategic fuel breaks, maintaining/expanding aspen diversity while maintaining ecosystem structure and processes. In Consideration of the above premises, the parties agree as follows: III. THE COOPERATOR SHALL: A. LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into this agreement, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the nonfederal share of project costs, when applicable. B. Agree to fund and execute agreed to planning, forest protection, watershed restoration, hazardous fuels reduction projects, and other restoration projects on federal lands identified in the Operating Plan(s) and Financial Plan(s) incorporated to this agreement. C. Any sub-contracts and/or sub-awards under this Agreement are connected to projects and activities that that are jointly performed by the Parties and as such do not require substantial cash contribution toward the cost of the contract as required by FSH 1509.11, sec. 72.31. D. Coordinate with the U.S. Forest Service, non-profit organizations, for-profit organizations, federal, state, local, and Native American tribe governments, and individuals as deemed necessary to properly implement the objectives of Operating Plan(s) and Financial Plan(s) incorporated to this agreement. E. Be financially responsible for ensuring that projects are completed in a timely manner, achieved required performance standards, monitored in accordance with established monitoring and adaptive management plans. IV. THE U.S. FOREST SERVICE SHALL: A. Perform in accordance with the attached Exhibits, Operating Plans, Financial Plans, and/or Attachments. B. Provide project descriptions and standards, as applicable. C. Provide relevant Federal direction and guidance on federal laws and policy, as necessary. D. Provide U.S. Forest Service personnel, as necessary, during various phases of the projects from project submittal, pre-project review, project planning, and execution. E. Assist and coordinate with the Cooperator all activities outlined in this agreement. August 4, 2020 - Page 15 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 3 of 17 (Rev.3-15) F. Coordinate the goals of fuels reduction and forest restoration to be consistent with the Cooperator’s goals in order to provide consistent management on a landscape scale, across boundaries. G. Ensure that all agreed to activities and projects incorporated in an Operating Plan(s) and Financial Plan(s) comply with Forest plans, National Environmental Policy Act (NEPA) documents, and all applicable laws and regulations. H. Allow the Cooperator to complete mutually agreed to activities and projects on National Forest System lands, which includes but is not limited to, providing the Cooperator employees and its agents access to federal lands to perform project planning, implementation, maintenance, and monitoring activities and projects incorporated in Operating Plan(s) and Financial Plan(s). I. Coordinate with the Cooperator, oversee all authorized implementation activities at project sites, and ensure that all activities and projects are conducted in accordance with forest plans, NEPA documents, and applicable laws and regulations for activities on National Forest System Lands. J. Following completion of project implementation and the achievement of all required performance standards for given projects, act as the long-term steward of project sites. K. PAYMENT/REIMBURSEMENT. The U.S. Forest Service shall reimburse the Cooperator for the U.S. Forest Service's share of actual expenses incurred, not to exceed $0.00, as shown in the Financial Plan. The U.S. Forest Service shall make payment upon receipt of the Cooperator’s annual invoice. Each invoice from the Cooperator must display the total project costs for the billing period, separated by U.S. Forest Service and the Cooperator share. In-kind contributions must be displayed as a separate line item and must not be included in the total project costs available for reimbursement. The final invoice must display the Cooperator’s full match towards the project, as shown in the financial plan, and be submitted no later than 90 days from the expiration date. Each invoice must include, at a minimum: 1. The Cooperator name, address, and telephone number. 2. Forest Service agreement number. 3. Invoice date. 4. Performance dates of the work completed (start & end). 5. Total invoice amount for the billing period, separated by Forest Service and The Cooperator share with in-kind contributions displayed as a separate line item. 6. Display all costs, both cumulative and for the billing period, by separate cost element as shown on the financial plan. 7. Cumulative amount of Forest Service payments to date. August 4, 2020 - Page 16 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 4 of 17 (Rev.3-15) 8. Statement that the invoice is a request for payment by “reimbursement.” 9. If using SF-270, a signature is required. 10. Invoice Number, if applicable. The invoice shall be forwarded to: EMAIL: SM.FS.ASC_GA@USDA.GOV FAX: 877-687-4894 POSTAL: USDA Forest Service Albuquerque Service Center Payments – Grants & Agreements 101B Sun Ave NE Albuquerque, NM 87109 Send a copy to: marcia.gilles@usda.gov V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: A. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of The Cooperator 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. B. Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended. C. Both parties will coordinate and provide leadership in the development of strategic planning; assessment; monitoring of implementation, effectiveness, and project consistency; and site-specific project planning, to manage and maintain agreed to projects incorporated in Operating Plans to this agreement. D. Qualified supervisors shall be on site with employees of their organization during performance of activities under this agreement. Neither party to this agreement will directly supervise employees of the other party to this agreement. E. The U.S. Forest Service or the Cooperator may require immediate temporary suspension of all or any part of the activities under this agreement when the U.S. August 4, 2020 - Page 17 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 5 of 17 (Rev.3-15) Forest Service determines it is necessary to protect the public health, safety, or the environment. F. The Cooperator and the U.S. Forest Service shall develop operating plan(s) with work locations and specifications identified prior to implementing any work in the project area. G. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this agreement. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Paul Cada, Wildland Program Administrator Vail Fire and Emergency Services 2399 North Frontage Road West Vail, CO 81657 Phone: 970.477.3475 Email: PCada@vailgov.com Mark Novak, Fire Chief Vail Fire and Emergency Services 2399 North Frontage Road West Vail, CO 81657 Phone: 970.477.3474 Email: mnovak@vailgov.com Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Marcia Gilles, Deputy District Ranger Eagle-Holy Cross Ranger District PO Box 190 Minturn, CO 81645 Phone: 970-827-5152 Email: marcia.gilles@usda.gov Clark M. Woolley 900 Grand Avenue Glenwood Springs, CO 81601 Phone: 970-945-9803 Email: clark.woolley@usda.gov H. NOTICES. Any communications affecting the operations covered by this agreement given by the U.S. Forest Service or the Cooperator are sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the U.S. Forest Service Program Manager, at the address specified in the agreement. To the Cooperator, at the address shown in the agreement or such other address designated within the agreement. August 4, 2020 - Page 18 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 6 of 17 (Rev.3-15) Notices are effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. I. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the U.S. Forest Service or the Cooperator from participating in similar activities with other public or private agencies, organizations, and individuals. J. ENDORSEMENT. Any of the Cooperator’s contributions made under this agreement do not by direct reference or implication convey U.S. Forest Service endorsement of the Cooperator's products or activities. K. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the U.S. Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted from the U.S. Forest Service’s Office of Communications (Washington Office). A written request will be submitted by the U.S. Forest Service White River National Forest to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The U.S. Forest Service White River National Forest will notify the The Cooperator when permission is granted. L. NON-FEDERAL STATUS FOR COOPERATOR PARTICIPANT LIABILITY. The Cooperator agree(s) that any of their employees, volunteers, and program participants shall not be deemed to be Federal employees for any purposes including Chapter 171 of Title 28, United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United States Code (OWCP), as the Cooperator hereby willingly agree(s) to assume these responsibilities. Further, the Cooperator shall provide any necessary training to the Cooperator’s employees, volunteers, and program participants to ensure that such personnel are capable of performing tasks to be completed. The Cooperator shall also supervise and direct the work of its employees, volunteers, and participants performing under this agreement. M. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this agreement, or benefits that may arise therefrom, either directly or indirectly. N. NONDISCRIMINATION. In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. August 4, 2020 - Page 19 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 7 of 17 (Rev.3-15) Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. O. ELIGIBLE WORKERS. The Cooperator shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract awarded under this agreement. P. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). the Cooperator shall maintain current information in the System for Award Management (SAM) until receipt of final payment. This requires review and update to the information at least annually after the initial registration, and more frequently if required by changes in information or agreement term(s). For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov. Q. STANDARDS FOR FINANCIAL MANAGEMENT. 1. Financial Reporting The Cooperator shall provide complete, accurate, and current financial disclosures of the project or program in accordance with any financial reporting requirements, as set forth in the financial provisions. 2. Accounting Records The Cooperator shall continuously maintain and update records identifying the source and use of funds. The records shall contain information pertaining to the agreement, authorizations, obligations, unobligated balances, assets, outlays, and income. August 4, 2020 - Page 20 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 8 of 17 (Rev.3-15) 3. Internal Control The Cooperator shall maintain effective control over and accountability for all U.S. Forest Service funds. The Cooperator shall keep effective internal controls to ensure that all United States Federal funds received are separately and properly allocated to the activities described in the award/agreement and used solely for authorized purposes. 4. Source Documentation The Cooperator shall support all accounting records with source documentation. These documentations include, but are not limited to, cancelled checks, paid bills, payrolls, contract documents. These documents must be made available to the U.S. Forest Service upon request. R. LIMITATION OF FUNDS. U.S. Forest Service funds in the amount of $0.00 are currently available for performance of this agreement. The U.S. Forest Service's ability to provide additional funding is contingent upon the availability of appropriated funds from which payment can be made. There is no legal liability on the part of the Forest Service for any payment above this amount until The Cooperator receives notice of availability confirmed in a written modification by the Forest Service. S. INDIRECT COST RATES- PARTNERSHIP Indirect costs are approved for reimbursement or as a cost-share requirement and have an effective period applicable to the term of this agreement. 1. If the Cooperator has never received or does not currently have a negotiated indirect cost rate, they are eligible for a de minimis indirect cost rate up to 10 percent of modified total direct costs (MTDC). MTDC is defined as all salaries and wages, fringe benefits, materials and supplies, services, travel, and contracts up to the first $25,000 of each contract. 2. For rates greater than 10 percent and less than 25 percent, the Cooperator shall maintain documentation to support the rate. Documentation may include, but is not limited to, accounting records, audit results, cost allocation plan, letter of indirect cost rate approval from an independent accounting firm, or other Federal agency approved rate notice applicable to agreements. 3. For a rate greater than 25 percent, the Forest Service may require that the Cooperator request a federally approved rate from the Cooperator’s cognizant audit agency no later than 3 months after the effective date of the agreement. The Cooperator will be reimbursed for indirect costs or allowed to cost-share at the rate reflected in the agreement until the rate is formalized in the negotiated indirect cost rate (NICRA) at which time, reimbursements for prior indirect costs or cost-sharing August 4, 2020 - Page 21 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 9 of 17 (Rev.3-15) may be subject to adjustment. 4. Failure to provide adequate documentation supporting the indirect cost rate, if requested, could result in disallowed costs and repayment to the Forest Service. T. PROGRAM INCOME – PARTNERSHIP AGREEMENTS. 1. The Cooperator shall apply the standards set forth in this Provision to account for program income earned under the agreement. 2. If any program income is generated as a result of this agreement, the income must be applied using the deduction alternative. The deduction alternative means that program income must be deducted from total allowable costs to determine the net allowable costs, unless otherwise approved by the Signatory Official. Program income must be used for current costs unless the Federal agency authorizes otherwise. Program income which the Cooperator did not anticipate at the time of the award must be used to reduce the Federal agency and the Cooperator’s contributions rather than to increase the funds committed to the project. 3. Unless the terms and conditions of the agreement provide otherwise, the Cooperator shall have no obligation to the U.S. Government regarding program income earned after the end of the project period. 4. Costs incident to the generation of program income may be deducted from gross income to determine program income; provided these costs have not been charged to the agreement and they comply with the Cost Principles, if applicable. 5. Unless the terms and conditions of the agreement provide otherwise, the Cooperator shall have no obligation to the U.S. Government with respect to program income earned from license fees and royalties for copyrighted material, patents, patent applications, trademarks, and inventions produced under an agreement. However, Patent and Trademark Amendments (35 U.S.C. 18) apply to inventions made under an experimental, developmental, or research awards. U. OVERPAYMENT. Any funds paid to the Cooperator in excess of the amount entitled under the terms and conditions of this agreement constitute a debt to the Federal Government. The following must also be considered as a debt or debts owed by the Cooperator to the U.S. Forest Service: - Any interest or other investment income earned on advances of agreement funds; or - Any royalties or other special classes of program income which, under the provisions of the agreement, are required to be returned; If this debt is not paid according to the terms of the bill for collection issued for the overpayment, the U.S. Forest Service may reduce the debt by: August 4, 2020 - Page 22 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 10 of 17 (Rev.3-15) 1. Making an administrative offset against other requests for reimbursement. 2. Withholding advance payments otherwise due to the Cooperator. 3. Taking other action permitted by statute (31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B). Except as otherwise provided by law, the U.S. Forest Service may charge interest on an overdue debt. V. AGREEMENT CLOSEOUT. Within 90 days after expiration or notice of termination the parties shall close out the agreement. Any unobligated balance of cash advanced to the Cooperator must be immediately refunded to the U.S. Forest Service, including any interest earned in accordance with 2 CFR Part 200, Subpart D, 200.305. Within a maximum of 90 days following the date of expiration or termination of this agreement, all financial performance and related reports required by the terms of the agreement must be submitted to the U.S. Forest Service by the Cooperator. If this agreement is closed out without audit, the U.S. Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. W. PROGRAM PERFORMANCE REPORTS The parties to this agreement shall monitor the performance of the agreement activities to ensure that performance goals are being achieved. Performance reports must contain information on the following: - A comparison of actual accomplishments to the goals established for the period. Where the output of the project can be readily expressed in numbers, a computation of the cost per unit of output, if applicable. - Reason(s) for delay if established goals were not met. - Additional pertinent information. The Cooperator shall submit annual performance reports to the U.S. Forest Service Program Manager. These reports are due 90 days after the reporting period. The final performance report shall be submitted either with the Cooperator’s final payment request, or separately, but not later than 90 days from the expiration date of the agreement. X. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Cooperator shall retain all records pertinent to this agreement for a period of no less August 4, 2020 - Page 23 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 11 of 17 (Rev.3-15) than 3 years from the expiration or termination date. As used in this provision, records includes books, documents, accounting procedures and practice, and other data, regardless of the type or format. The Cooperator shall provide access and the right to examine all records related to this agreement to the U.S. Forest Service Inspector General, or Comptroller General or their authorized representative. The rights of access in this section must not be limited to the required retention period but must last as long as the records are kept. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the end of the 3-year period, the records must be kept until all issues are resolved, or until the end of the regular 3-year period, whichever is later. Records for nonexpendable property acquired in whole or in part, with Federal funds must be retained for 3 years after its final disposition. Y. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). ). Requests for research data are subject to 2 CFR 215.36. Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill). Z. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All cooperators, their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. AA. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. The Cooperator is/are encouraged to give public notice of the receipt of this agreement and, from time to time, to announce progress and accomplishments. Press releases or other public notices should include a statement substantially as follows: "White River National Forest of the U. S. Forest Service, Department of Agriculture" The Cooperator may call on the U.S. Forest Service's Office of Communication for advice regarding public notices. The Cooperator is/are requested to provide copies of August 4, 2020 - Page 24 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 12 of 17 (Rev.3-15) notices or announcements to the U.S. Forest Service Program Manager and to U.S. Forest Service's Office of Communications as far in advance of release as possible. BB. PURCHASE OF EQUIPMENT. U.S. Forest Service funds may be used by the Cooperator to purchase equipment necessary to accomplish activities described in this agreement. The available funding is displayed in the financial plan. Title to the equipment rests with the U.S. Forest Service, but may be transferred to the Cooperator on completion of the project, if appropriate. CC. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System land at the direction or with the approval of the U.S. Forest Service becomes property of the United States. These improvements are subject to the same regulations and administration of the U.S. Forest Service as would other National Forest improvements of a similar nature. No part of this agreement entitles the Cooperator to any interest in the improvements, other than the right to use them under applicable U.S. Forest Service regulations. DD. CONTRACT REQUIREMENTS. Any contract under this agreement must be awarded following the Cooperator’s established procurement procedures, to ensure free and open competition, and avoid any conflict of interest (or appearance of a conflict). The Cooperator must maintain cost and price analysis documentation for potential U.S. Forest Service review. The Cooperator is/are encouraged to utilize small businesses, minority-owned firms, and women’s business enterprises. EE. GOVERNMENT-FURNISHED PROPERTY. The Cooperator may only use U.S. Forest Service property furnished under this agreement for performing tasks assigned in this agreement. The Cooperator shall not modify, cannibalize, or make alterations to U.S. Forest Service property. A separate document, Form AD-107, must be completed to document the loan of U.S. Forest Service property. The U.S. Forest Service shall retain title to all U.S. Forest Service-furnished property. Title to U.S. Forest Service property must not be affected by its incorporation into or attachment to any property not owned by the U.S. Forest Service, nor must the property become a fixture or lose its identity as personal property by being attached to any real property. Cooperator Liability for Government Property. 1. Unless otherwise provided for in the agreement, the Cooperator shall not be liable for loss, damage, destruction, or theft to the Government property furnished or acquired under this contract, except when any one of the following applies: a. The risk is covered by insurance or the Cooperator is/are otherwise reimbursed (to the extent of such insurance or reimbursement). b. The loss, damage, destruction, or theft is the result of willful misconduct or lack of good faith on the part of the Cooperator’s managerial personnel. The August 4, 2020 - Page 25 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 13 of 17 (Rev.3-15) Cooperator’s managerial personnel, in this clause, means the Cooperator’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of all or substantially all of the Cooperator’s business; all or substantially all of the Cooperator’s operation at any one plant or separate location; or a separate and complete major industrial operation. 2. The Cooperator shall take all reasonable actions necessary to protect the Government property from further loss, damage, destruction, or theft. The Cooperator shall separate the damaged and undamaged Government property, place all the affected Government property in the best possible order, and take such other action as the Property Administrator directs. 3. The Cooperator shall do nothing to prejudice the Government's rights to recover against third parties for any loss, damage, destruction, or theft of Government property. 4. Upon the request of the Grants Management Specialist, the Cooperator shall, at the Government's expense, furnish to the Government all reasonable assistance and cooperation, including the prosecution of suit and the execution of agreements of assignment in favor of the Government in obtaining recovery. FF. OFFSETS, CLAIMS AND RIGHTS. Any and all activities entered into or approved by this agreement will create and support afforestation/ reforestation efforts within the National Forest System without generating carbon credits. The U.S. Forest Service does not make claims of permanence or any guarantees of carbon sequestration on lands reforested or afforested through partner assistance. The U.S. Forest Service will provide for long-term management of reforested and afforested lands, according to applicable Federal statute regulations and forest plans. GG. U.S. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS AND ELECTRONIC MEDIA. The Cooperator shall acknowledge U.S. Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this agreement. HH. TRAINING, EVALUATION, AND CERTIFICATION OF SAWYERS. Any of the cooperator’s employees, and any participants and volunteers engaged on behalf of the cooperator and Forest Service, who will use chain saws or crosscut saws on National Forest System lands to conduct the program of work contained in this agreement must be trained, evaluated, and certified in accordance with Forest Service Manual 2358 and Forest Service Handbook 6709.11, section 22.48b. The cooperator is responsible for providing this training, evaluation, and certification, unless the Forest Service and the cooperator determine it is not in the best interest of the partnership. In these circumstances, the Forest Service, upon request and based on availability of Agency funding and personnel, may assist with developing and August 4, 2020 - Page 26 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 14 of 17 (Rev.3-15) conducting training, evaluation, and certification of the cooperator’s employees, and any volunteers and participants engaged on behalf of the cooperator and the Forest Service, who will use chain saws or cross cut saws on National Forest System lands. II. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. The Cooperator shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs.) To file a complaint alleging discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call toll free voice (866) 632-9992, TDD (800)877-8339, or voice relay (866) 377- 8642. USDA is an equal opportunity provider and employer.” If the material is too small to permit the full statement to be included, the material must, at minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider." JJ. REMEDIES FOR COMPLIANCE RELATED ISSUES. If the Cooperator materially fail(s) to comply with any term of the agreement, whether stated in a Federal statute or regulation, an assurance, or the agreement, the U.S. Forest Service may take one or more of the following actions: 1. Temporarily withhold cash payments pending correction of the deficiency by the Cooperator or more severe enforcement action by the U.S. Forest Service; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current agreement for the Cooperator’s program; 4. Withhold further awards for the program, or 5. Take other remedies that may be legally available, including debarment procedures under 2 CFR Part 417. KK. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated, in whole or part, as follows: August 4, 2020 - Page 27 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 15 of 17 (Rev.3-15) 1. When the U.S. Forest Service and the Cooperator agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. 2. By 30 days written notification by The Cooperator to the U.S. Forest Service setting forth the reasons for termination, effective date, and in the case of partial termination, the portion to be terminated. If the U.S. Forest Service decides that the remaining portion of the agreement does not accomplish the purpose for which the award/agreement was made, the Forest Service may terminate the award upon 30 days written notice in its entirety. Upon termination of an agreement, the Cooperator shall not incur any new obligations for the terminated portion of the agreement after the effective date, and shall cancel as many outstanding obligations as possible. The U.S. Forest Service shall allow full credit to the Cooperator for the United States Federal share of the non-cancelable obligations properly incurred by the Cooperator up to the effective date of the termination. Excess funds must be refunded within 60 days after the effective date of termination. LL. ALTERNATE DISPUTE RESOLUTION – PARTNERSHIP AGREEMENT. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. MM. DEBARMENT AND SUSPENSION. The Cooperator shall immediately inform the U.S. Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the Federal Government according to the terms of 2 CFR Part 180. Additionally, should the Cooperator or any of their principals receive a transmittal letter or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. NN. COPYRIGHTING. The Cooperator is/are granted sole and exclusive right to copyright any publications developed as a result of this agreement. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this agreement. No original text or graphics produced and submitted by the U.S. Forest Service must be copyrighted. The U.S. Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for Federal Government purposes. This right must be transferred to any sub-agreements or subcontracts. August 4, 2020 - Page 28 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 16 of 17 (Rev.3-15) This provision includes: • The copyright in any work developed by the Cooperator under this agreement. • Any right of copyright to which the Cooperator purchase(s) ownership with any Federal contributions. OO. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS: All non federal government entities working on this agreement will adhere to the below provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113, relating to reporting fraud, waste and abuse to authorities: (a) The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (a) of this award provision are no longer in effect. (c) The prohibition in paragraph (a) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d) If the Government determines that the recipient is not in compliance with this award provision, it: (1) Will prohibit the recipient's use of funds under this award, in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and (2) May pursue other remedies available for the recipient's material failure to comply with award terms and conditions. PP. PUBLICATION SALE. The Cooperator may sell any publication developed as a result of this agreement. The publication may be sold at fair market value, which is initially defined in this agreement to cover the costs of development, production, marketing, and distribution. After the costs of development and production have been recovered, fair market value is defined in this agreement to cover the costs of marketing, printing, and distribution only. Fair market value must exclude any in- kind or Federal Government contributions from the total costs of the project. QQ. MODIFICATIONS. Modifications within the scope of this agreement must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized, signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 60 days prior to implementation of the requested change. The U.S. Forest Service is not obligated to fund any changes not properly approved in advance. August 4, 2020 - Page 29 of 138 USDA, Forest Service OMB 0596-0217 FS-1500-10 Page 17 of 17 (Rev.3-15) RR. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date of the last signature and is effective through 5/15/2025 at which time it will expire. The expiration date is the final date for completion of all work activities under this agreement. SS. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this agreement. In witness whereof, the parties hereto have executed this agreement as of the last date written below. SCOTT ROBSON, Town of Vail Manager Town of Vail, Colorado Date SCOTT G. FITZWILLIAMS, Forest Supervisor U.S. Forest Service, White River National Forest Date The authority and format of this agreement have been reviewed and approved for signature. CLARK M. WOOLLEY, G&A Specialist U.S. Forest Service, White River National Forest Date Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250- 9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. August 4, 2020 - Page 30 of 138 Exhibit A.0.0 Operating Plan and Financial Plan Project Location: Booth Creek Project, see attached Map. GENERAL PROJECT OVERVIEW: The Town of Vail challenged the Eagle-Holy Cross Ranger District to address the reduction of potential wildfire impacts to the wildland urban interface in the Vail Valley through fuel reduction treatments. This Operating Plan captures the parties’ contributions and details the working arrangement whereby the Prime Consultant will be directed by the U.S. Forest Service to prepare a National Environmental Policy Act of 1969 (“NEPA”) analysis (“NEPA Analysis” or “the Analysis”) for proposed project. PROJECT SUMMARY: The Parties to this agreement desire to reduce potential wildfire impacts to the wildland urban interface in the Vail Valley through fuel reduction treatments. The proposed project area is approximately 4,400 acres and is located on the north side of I-70 from Spraddle Creek east to Pitkin Creek and north to Bald Mountain, see attached map. Of the 4,400 acres in the proposed project area, 2,418 acres are within the Eagle’s Nest Wilderness. Actual treatment acres, location, and treatment type will depend on U.S. Forest Service analysis. Treatments would include a combination of the following: • Prescribed fire (both broadcast and piling burning) • Manual pruning and chainsaw treatments • Potential mechanical treatments on slopes less than 40% (excluding areas within Wilderness) The proposed treatments would reduce the accumulation of fuels and alter the age classes of trees and shrubs by removing over-mature plants and stimulating plant regeneration. Prescribed burns would occur in the spring and/or fall over multiple years. Mechanical treatments and/or hand treatments would occur in the summer and/or fall to allow for safe crew access and to reduce disturbance to overwintering bighorn sheep. The project area encompasses the Management Area 5.42 – Bighorn Sheep Habit, therefore this project proposal also aims to create critical escape cover and nutrient-rich winter forage. PROJECT PROPOSAL: The U.S. Forest Service must comply with the NEPA, the National Forest Management Act of 1976, and other applicable statutes, regulations, Executive Orders, and the Forest Service Manual and Handbook direction (collectively, “the applicable legal requirements”). Based upon the initial assessment of the proposed treatments, the U.S. Forest Service anticipates that this project will be prepared under an Environmental Assessment (EA) and specific written comments on the proposed project will be accepted for 30 calendar days following publication of notice in the Vail Daily. The proposed action is subject to an objection process consistent with August 4, 2020 - Page 31 of 138 36 CFR 218(a) (b), which includes an opportunity to object before the final decision is made. The NEPA documents will be prepared by the Prime Consultant in a manner consistent with the applicable legal requirements. The Parties agree that the Analysis will be given a high priority, will be initiated and completed promptly, will utilize existing information and resource specialists to the greatest extent appropriate, will focus on key environmental issues and will provide an opportunity for full participation by interested members of the public and governmental agencies consistent with the applicable legal requirements. The Parties agree that the U.S. Forest Service retains sole responsibility for making decisions with regard to the Analysis. OBJECTIVES AND SCOPE: The environmental analysis and associated deliverables will be prepared by a Prime Consultant hired by the Town of Vail under a separate Town of Vail contract following the “Contact Provision” provision under Section V of the agreement. Parties understand that the Prime Consultant’s work product will be considered U.S. Forest Service work product owned by the U.S. Forest Service because it will be prepared under U.S. Forest Service supervision and is intended to meet legal requirements that apply to the U.S. Forest Service. Subject to prior U.S. Forest Service approval, the Prime Consultant may obtain technical assistance or information from one or more independent, third-party subcontractors. The combination of the Prime Consultant and any approved subcontractors working under the direction of the U.S. Forest Service will be sufficient to prepare the Analysis. APPROACH: Task 1: The Cooperator will hire an independent third-party (“Prime Consultant”) to perform the necessary NEPA environmental analysis deliverable documenting the impacts of the proposed treatments on National Forest System lands. The Partner’s communications with the Prime Consultant will be limited to issues related to billing, and other non-Analysis related issues pertaining to their contract. If the Partner or the Prime Consultant have other issues they would like to discuss with one another, all such communication shall occur through the U.S. Forest Service. TERM OF OPERATING PLAN: TIMELINE Anticipated approximate start and end dates for tasks are as follows: The NEPA analysis phase of the project work will be completed during the period starting the date of the last signature and anticipating ending on March 1, 2021. PERSONNEL: U.S. Forest Service personnel will work closely with the Cooperator as well as the Prime Consultant and other potential third-party contractors to complete Forest Service responsibilities August 4, 2020 - Page 32 of 138 regarding the environmental analysis and associated deliverables in a timely and professional manner. BUDGET SUMMARY: Attached is the Financial Plan for this Agreement and Operating Plan. The financial plan estimates the interchange of services and other resources contributed to the cost of the project and outlines the funding responsibilities of each party. ATTACHMENTS: a. Financial Plan b. Project Area Map c. FS-1500-23 – Project Performance Report Optional Format August 4, 2020 - Page 33 of 138 U.S. Forest Service OMB 0596-0217 FS-1500-17B Page 1 Attachment:Exhibit A.0.0 - Financial Plan USFS Agreement No.:Mod. No.:N/A Cooperator Agreement No.: Financial Plan Matrix:Note: All columns may not be used. Use depends on source and type of contribution(s). (a) (b)(c)(d) Cash COST ELEMENTS Noncash to Noncash In-Kind Direct Costs Cooperator Salaries/Labor $7,757.76 $0.00 $7,200.00 $0.00 $14,957.76 Travel $0.00 $0.00 $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 $0.00 $0.00 Supplies/Materials $0.00 $0.00 $0.00 $0.00 $0.00 Printing $0.00 $0.00 $0.00 $0.00 $0.00 Prime Consultant Contract $0.00 $0.00 $50,000.00 $0.00 $50,000.00 Other $0.00 $0.00 $0.00 $0.00 $0.00 Subtotal $7,757.76 $0.00 $57,200.00 $0.00 $64,957.76 Coop Indirect Costs $0.00 $5,720.00 $5,720.00 FS Overhead Costs $930.93 $930.93 Total $8,688.69 $0.00 $62,920.00 $0.00 $71,608.69 (a+b) ÷ (e) = (f) Total Cooperator Share (c+d) ÷ (e) = (g) Total (f+g) = (h) 100.00% (h) (g) Matching Costs Determination Total Forest Service Share =(f) 12.13% Total Project Value: (e) Total 87.87% Agreements Financial Plan (Short Form) 20-CS-11021500-045 Note: This Financial Plan may be used when: (1) No program income is expected and (2) The Cooperator is not giving cash to the FS and (3) There is no other Federal funding FOREST SERVICE CONTRIBUTIONS COOPERATOR CONTRIBUTIONS August 4, 2020 - Page 34 of 138 Standard Calculation Job Description Cost/Day # of Days Total Program Manager Specialist $484.86 4.00 $1,939.44 Program Manager Specialist $484.86 4.00 $1,939.44 Program Manager Specialist $484.86 4.00 $1,939.44 Program Manager Specialist $484.86 4.00 $1,939.44 $0.00 Non-Standard Calculation Total Salaries/Labor $7,757.76 Standard Calculation Travel Expense Employees Cost/Trip # of Trips Total $0.00 $0.00 $0.00 $0.00 $0.00 Non-Standard Calculation Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 Total Equipment $0.00 WORKSHEET FOR Standard Calculation Non-Standard Calculation Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard Calculation sections provide a write-in area for line items that require a calculation formula that is other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. FS Non-Cash Contribution Cost Analysis, Column (a) Equipment Travel Salaries/Labor August 4, 2020 - Page 35 of 138 Supplies/Materials # of Items Cost/Item Total $0.00 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 $0.00 $0.00 $0.00 Total Other $0.00 Current Overhead Rate Total 12.00%$930.93 Total FS Overhead Costs $930.93 Standard Calculation Standard Calculation Standard Calculation Non-Standard Calculation Non-Standard Calculation $7,757.76 Subtotal Direct Costs Forest Service Overhead Costs TOTAL COST $8,688.69 Printing Other Expenses Subtotal Direct Costs Supplies/Materials $7,757.76 Non-Standard Calculation August 4, 2020 - Page 36 of 138 Job Description Cost/Day # of Days Total Wildland Program Administrator 450 8 $3,600.00 Fire Chief - Vail Fire and Emergency Services 450 8 $3,600.00 $0.00 $0.00 $0.00 Total Salaries/Labor $7,200.00 Travel Expense Employees Cost/Trip # of Trips Total $0.00 $0.00 Total Travel $0.00 Piece of Equipment # of Units Cost/Day # of Days Total $0.00 $0.00 Total Equipment $0.00 WORKSHEET FOR Non-Standard Calculation Non-Standard Calculation Non-Standard Calculation Cooperator Non-Cash Contribution Cost Analysis, Column (c) Salaries/Labor Travel Equipment Supplies/Materials Use this worksheet to perform the cost analysis that supports the lump sum figures provided in the matrix. NOTE: This worksheet auto populates the relevant and applicable matrix cells. Cost element sections may be deleted or lines may be hidden, if not applicable. Line items may be added or deleted as needed. The Standard Calculation sections provide a standardized formula for determing a line item's cost, e.g. cost/day x # of days=total, where the total is calculated automatically. The Non-Standard Calculation sections provide a write-in area for line items that require a calculation formula that is other than the standardized formules, e.g. instead of salaries being calculated by cost/day x # of days, costs may be calculated simply by a contracted value that is not dependent on days worked, such as 1 employee x $1,200/contract= $1,200. Be sure to review your calculations when entering in a Non-Standard Calculation, and provide a brief explanation of units used to make calculation, e.g. '1 month contract,' on a line below the figures. Standard Calculation Standard Calculation Standard Calculation Standard Calculation August 4, 2020 - Page 37 of 138 Supplies/Materials # of Items Cost/Item Total $0.00 $0.00 $0.00 $0.00 Total Supplies/Materials $0.00 Paper Material # of Units Cost/Unit Total $0.00 $0.00 Total Printing $0.00 Item # of Units Cost/Unit Total $0.00 Prime Consultant Contract $50,000.00 $50,000.00 Total Other $50,000.00 Current Overhead Rate Total 10.00%$5,720.00 $5,720.00 Non-Standard Calculation Non-Standard Calculation Standard Calculation Printing TOTAL COST $62,920.00 $57,200.00 Total Coop. Indirect Costs Other Expenses Subtotal Direct Costs Cooperator Indirect Costs Subtotal Direct Costs $57,200.00 Non-Standard Calculation Standard Calculation August 4, 2020 - Page 38 of 138 U.S. Forest Service OMB 0596-0217 FS-1500-17B Definitions for the Matrix Column Headings: Instructions: Use this form in conjunction with Forest Service Handbook (FSH) 1509.11, Ch. 70, Financial Planning Requirements, for participating, challenge cost-share, joint venture, and cost-reimbursable agreements. This form may be used for other types of Forest Service Manual 1580 agreements, when useful. Choose one of the three (3) financial plan versions and complete. Each version requires identical information and result in calculations and cost analysis that are the same. Version 1 cost analysis data values are automatically entered into the financial plan matrix. Version 2 requires manual entry of the cost analysis data values into the financial plan matrix. Version 3 should be used if there are multiple Cooperators. Users do not have to use or print versions/sheets that are not applicable to their agreement. The purpose of this form is to capture the total estimated value of the proposed agreement. Once the agreement is approved, in writing, by the parties, then this financial plan becomes the financial estimates for the agreement. This financial plan must display the parties' expected contributions to the agreement. These contributions should be broken down by party contribution type (e.g., non-cash, in-kind, cash to cooperator), see below for definitions, and cost elements (e.g., salaries, supplies, travel). Cost element values should be the result of documented cost analysis on this form. Each financial plan version provides samples of cost analysis calculations, see associated Excel comment balloons. Additional instructions are located on version 1 cost analysis tabs. (a) Forest Service Noncash Contribution: Forest Service noncash contributions may consist of employee salaries, overhead (indirect), travel provided, and/or equipment and supplies purchased and provided to the Cooperator for use in the project. These costs are an expense to the Forest Service, but do not include funding for reimbursement of Cooperator expenses. (b) Forest Service Cash to Cooperator: This is the maximum amount of funding that will be reimbursed or advanced by the Forest Service to the Cooperator. This is an expense to the Forest Service. (c) Cooperator Noncash Contribution: These are expenses the Cooperator incurs that are contributed to the project in lieu of cash, but for which costs are incurred, such as employee salaries, overhead (indirect costs), travel, equipment, supplies, and so forth. These do not include in-kind contributions from third parties, such as donations from other entities or volunteer labor. All the costs listed here are an expense to the Cooperator. (d) Cooperator In-Kind Contribution: In-kind contribution provided to the Cooperator from a third party organization(s) for use in the project for which the Cooperator has incurred no expense. Value assessed for volunteer labor and donated materials, equipment and supplies should be valued based on FSH 1509.11, Ch. 70. These values are not reimbursable and can only be used to satisfy the Cooperator's matching requirement. Display these contributions by Cost Element Expenditures. (e) Total Project Value: The sum of all the values provided toward the project. This figure reflects the true estimated cost of the project. August 4, 2020 - Page 39 of 138 U.S. Forest Service OMB 0596-0217 FS-1500-17B Definitions for Cost Allowability (c) Reasonable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms, associated with an agreement, that, in its nature and amount, does not exceed an amount that a prudent person, under the circumstances prevailing at the time the decision was made, would incur. Other factors to consider are: Whether the cost is of a type generally recognized as ordinary and necessary for the entity’s operation or agreement performance; The restraints or requirements imposed by factors such as generally accepted, sound, business practices; arms-length bargaining; Federal and State laws and regulations; and the terms and conditions of the agreement; Market prices or industry standard costs for similar goods and services (that is, is the cooperator offering goods or services for an amount that exceeds what is readily available in the marketplace); Whether individuals concerned acted with prudence under the circumstances, considering their responsibilities to the entity; its members, employees, and clients; the public; and the government; and Significant deviations from established practices of the governmental entity that might unjustifiably increase costs charged to the agreement. According to the Paperwork Reduction Act of 1995,an agency may not conduct or sponsor,and a person is not required to respond to a collection of information unless it displays a valid OMB control number.The valid OMB control number for this information collection is 0596-0217.The time required to complete this information collection is estimated to average 45 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.The U.S.Department of Agriculture (USDA)prohibits discrimination in all its programs and activities on the basis of race,color,national origin,age,disability,and where applicable,sex,marital status,familial status,parental status,religion, sexual orientation,genetic information,political beliefs,reprisal,or because all or part of an individual’s income is derived from any public assistance.(Not all prohibited bases apply to all programs.)Persons with disabilities who require alternative means for communication of program information (Braille,large print,audiotape,etc.)should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination,write USDA,Director,Office of Civil Rights,1400 Independence Avenue,SW,Washington,DC 20250-9410 or call toll free (866)632-9992 (voice).TDD users can contact USDA through local relay or the Federal relay at (800)877- 8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Burden Statement (a) Allowable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms, associated with an agreement, which meets the criteria for authorized expenditures specific in a cost principle methodology. Generally, it meets the cost principle methodology, and is a cost the parties to an agreement intend to charge, and must be: Reasonable for the performance of the award; Necessary and reasonable for proper and efficient performance and administration of the agreement; Consistently treated as either a direct or indirect cost; Generally, determined in accordance with generally accepted accounting principles (GAAP); Net of all applicable credits (that is, less any future rebates from the purchase of goods or services); Separate from a cost or from a cost-sharing/matching requirement of another Federal award or agreement, unless otherwise permitted by Federal law or regulation; Adequately documented; Authorized or not prohibited by Federal, State, or local laws and regulations; Compliant with limits or exclusions on types or amounts of costs, as set forth in relevant Federal laws, agreement terms and conditions, or other governing regulations (examples of such costs include: entertainment, alcohol, and taxes); and,Consistent with the agency’s and cooperator’s internal policies, regulations, and procedures that apply to both Federal awards or agreements and other cooperator activities. (b) Allocable Cost: A cost, as recorded on the Agreements Financial Plan (Long, Medium, and Short) forms, associated with an agreement, which in accordance with the relative benefit received by either party for the award, is treated consistently with other costs incurred for the same purpose and in like circumstances, and if it: Is incurred specifically for the award; Benefits both the award and other ancillary work, and the cost may be distributed in reasonable proportion to the benefits received (an example of this type of cost is a piece of equipment that is used for multiple projects); or Necessary to the overall operation of the organization, although a direct relationship to any particular cost objective may not be shown. August 4, 2020 - Page 40 of 138 Spraddle Creek Resort Copyright:© 2013 National Geographic Society, i-cubed B o o t h C r e e k P r o j e c t A r e aBooth C r e e k P r o j e c t A r e a Scale: 1:30,300 0 1,000 Meters Eagle's Nest Wilderness M.A. 5.4 (Forested Flora and Fauna) M.A. 5.42 (Bighorn Sheep Habitat) Project Area P.A.inWilderness Private Land Project Area Size: 4,409 acresAmount in Wilderness: 2,418 acres 1/15/2020, jprusse¯August 4, 2020 - Page 41 of 138 USDA Forest Service OMB 0596-0217 FS-1500-23 Revised 11-25-13 Optional Project Performance Report* 1. Recipient/Cooperator Name: 2. Agreement Number: 3. Project Title: 4. Reporting Period End Date: 5. Report Type: Interim Final For each program/project in the agreement narrative, please provide brief information on the following: 6. Status Summary: 7. What has been accomplished to date? Please provide a comparison of actual accomplishments to the objectives established in the agreement narrative (quantify where possible): 8. Any problems encountered? Explain delays or changed costs or conditions that significantly impair the ability to meet agreement objectives and timelines. If necessary, please work with the F.S. program manager for an extension of the agreement period. 9. Any changes that you plan to propose? Please work with F.S. program manager to determine if a modification is needed (e.g., a change is needed to the objectives or financial plan). 10. Briefly describe work to be performed during the next reporting period. 11. Any other comments considered of importance but not discussed above? 12. Signatures of Authorized Representative: by signature below, the signing parties certify that they are the official representatives of their respective parties and authorized to act in their respective areas for matters related to the above- referenced grant/agreement. Submitted: Cooperator Program Mgr Signature: Date: Name/Title: Phone: *Note to Cooperator Project Lead: This optional form helps respond to the performance reporting required by the agreement. Reviewed: FS Program Mgr Signature: Date: Name/Title: Phone: *Note to F. S. Program Manager: Please document this and any other monitoring activity in NRM or send to G&A Personnel. August 4, 2020 - Page 42 of 138 USDA Forest Service OMB 0596-0217 FS-1500-23 Revised 11-25-13 Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. August 4, 2020 - Page 43 of 138 USDA Forest Service OMB 0596-0217 FS-1500-23 Revised 11-25-13 INSTRUCTIONS FOR FORM FS-1500-23 1. Enter the recipient’s or cooperator’s name. 2. Enter the orginal U.S. Forest Service agreement number. 3. Enter the project’s title. 4. Enter the type of report. 6-8. Provide information related to each program/project in the agreement narrative. 11. Self explanatory. August 4, 2020 - Page 44 of 138 SAM Search Results List of records matching your search for : Search Term : VAIL, TOWN OF* Record Status: Active ENTITY VAIL, TOWN OF Status: Active DUNS: 961904703 +4:CAGE Code: 4R6V0 DoDAAC: Expiration Date: 03/09/2021 Has Active Exclusion?: No Debt Subject to Offset?: No Address: 75 S FRONTAGE RD W City: VAIL State/Province: COLORADO ZIP Code: 81657-5043 Country: UNITED STATES July 24, 2020 9:19 AM https://www.sam.gov Page 1 of 1August 4, 2020 - Page 45 of 138 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: New County W ide Animal Control Code Discussion P RE S E NT E R(S ): Craig Bettis, Vail Police Commander and Nathan L ehnert, E agle County Field S ervices Manager AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and ask questions. B AC K G RO UND: L ast November the Town Council was presented the idea of a county wide animal control code and the basics of what it would look like. S TAF F RE C O M M E ND AT IO N: Provide staff feedback on locations to allow pets off leash in town. AT TAC H ME N TS: Description Animal Control Memorandum Public Comment to Council August 4, 2020 - Page 46 of 138 TO: Town Council Town Manager FROM: Commander Craig Bettis Field Services Manager Nathan Lehnert DATE: July 21st, 2020 SUBJECT: TOV Further Discussion for a new Animal Control Code This is a quick update to provide Vail Town Council and the Mayor’s Office the Eagle County Animal Service resolution for the second update and possible adoption of a new county wide animal control code. Last November the Town Council was presented the idea of a county wide animal control code and the basics of what it would look like. I, Commander Bettis and other staff members of the Towns of Minturn, Avon and Eagle, have prepared a new document that I hope is flexible enough to meet the needs of every community in our county. With that flexibility comes a need for direct feedback from each of you about where you would like to allow pets off leash in your town. During the discussion we would like to refresh your memory on the daily impacts the changes will have on your residents and visitors and talk about some updates with Forest Service Lands. Although final decisions don’t need to be made during this time, we would like to hear your thoughts on where off leash areas should be created on the Animal Control Map and also get an idea on what time you need to make this simple but sweeping change to you town code, if you choose to adopt it. As always, thank you for your time and consideration. August 4, 2020 - Page 47 of 138 Town of Vail Page 2 August 4, 2020 - Page 48 of 138 Commissioner ________________________moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 20 20 19 -________ RESOLUTION REPEALING AND RESTATING RESOLUTION NO. 2018-098 CONCERNING THE CONTROL, LICENSING, IMPOUNDMENT AND DISPOSITION OF ANIMALS WHEREAS, 30-15-101 et seq ., C.R.S., authorizes the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the “Board,” to adopt a resolution providing for control and licensing of pet animals in the unincorporated areas of Eagle County, Colorado; and WHEREAS, the Board has previously adopted such regulations, most recently by Resolution No. 2018-0098 adopted December 18, 2018, entitled Resolution Repealing and Restating Resolution No. 2017-009 Concerning the Control, Licensing, Impoundment and Disposition of Animals; and WHEREAS, the Board finds that the Eagle County Animal Control Resolution of 2018 requires certain additions, modifications and clarifications in order to adequately provide for the control of Pet Animals and Working Dogs and other reasonable or necessary regulations in order to serve and promote the public peace, health, safety, and welfare of the citizens of Eagle County; and WHEREAS, this Resolution is intended to repeal and restate the Eagle County Animal Control Resolution of 2018. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO; THAT, the following Resolution be and is hereby adopted: 1. INTENT . It is the intent of the Board of County Commissioners in adopting this Resolution that Pet Animal and Working Dog Owners be responsible for their Animals’ conduct, that they exercise control with respect to their Animals in a manner which recognizes the rights, health and safety of others in the community, and that they be held strictly liable for conduct of their Animals which violates the provisions of this Resolution. 2. DEFINITIONS . As used in this Resolution, the following terms shall have the following meanings: August 4, 2020 - Page 49 of 138 2.1 “ ABANDON ” means (a) to fail to provide a Pet Animal Necessary Care for a period of 24 hours or longer or (b) to deposit, leave, drop off or otherwise dispose of any Pet Animal on public or private property without providing necessary care. For the purposes of this Resolution, any Pet Animal is presumed to be Abandoned if, after the posting or personal service of written notice describing deficiencies of necessary care for a Pet Animal, the deficiencies are not corrected within 24 hours of such notice by any person other than an Animal Services Officer. 2.2 “ ANIMAL ” means non-human creatures. 2.3 “ ANIMAL CONTROL MAP ” means the digital map maintained by Eagle County Animal Shelter & Services Department to identify public locations within Eagle County where Owners of Pet Animals are allowed access with their Pet Animals and must exercise various levels of control over such Pet Animals. This map may be amended from time to time and can be viewed online on the Eagle County Government website. Any changes to the Animal Control Map shall be approved by the controlling Town or County Manager, or his or her designee, depending on the location of the map amendment. 2.4 “ ANIMAL SERVICES OFFICER ” means any person empowered by Eagle County to enforce the provisions of this Resolution pursuant to § 30-15-105, C.R.S., Eagle County Sheriff ’s Office personnel and other peace officers as defined in § 18-1-901, C.R.S. 2.5 “ ANIMAL SHELTER & SERVICES DEPARTMENT ” means the Eagle County Department of Animal Shelter & Services. 2.6 “ ANIMAL SHELTER ” means all facilities and premises authorized by the Eagle County Board of County Commissioners to care for Animals impounded or quarantined pursuant to the provisions of this Resolution. Such facilities and premises shall also be considered public animal shelters for the purpose of impounding dangerous dogs pursuant to the provisions of § 18-9-204.5, C.R.S. 2.7 “ ATTACK ” means aggressive behavior by an Animal such as a Bite, an Injury, or charging or chasing a person or Animal; or non-aggressive behavior that causes pain or Injury including jumping onto or running into a person or Animal. 2.8 “ BITE ” means the breaking of the skin, no matter how minor, by the teeth or jaws of any Animal (this definition includes Biting and Bitten). 2.9 “ BODILY INJURY ” means any physical injury that results in severe bruising, muscle tears, or skin lacerations requiring professional medical treatment or any physical injury that requires corrective or cosmetic surgery. 2.10 “COMMON AREA ” means properties that are accessible to the public, including but not limited to properties owned and controlled by an owners’ association or similar 2 August 4, 2020 - Page 50 of 138 organization; areas of residential properties and buildings that are accessible to the occupants of those properties; or easements that allow public access through a property. 2.11 “ CONTROL ” means supervision of, and influence over, any Pet Animal sufficient to prevent the violation of any of the provisions of this Resolution. Control shall be by Physical Control or Demonstrable Control, as defined herein. 2.12 “ DANGEROUS ANIMAL ” means any Pet Animal or Working Dog that has, without provocation, inflicted Serious Bodily Injury to a person, or has caused the, or was the proximate cause of, death of a person or Animal; or has been previously classified as Potentially Dangerous and is found in violation of the provisions of this Resolution. 2.13 “ DEMONSTRABLE CONTROL ” means control of a Pet Animal by the physical presence of the Owner so that such Pet Animal is controlled and obedient to a person competent to restrain the Pet Animal by command, and the Owner demonstrates that control to any person as requested, and prevents Unwanted Contact with other people or Animals. 2.14 “ DOG ” means any animal of the Canine species or any animal related to the wolf, fox, coyote or jackal. 2.15 “ EMOTIONAL SUPPORT ANIMAL ” means any Animal that an Owner has obtained for the purpose of providing therapeutic benefits to such Owner. The Owner of the Emotional Support Animal must have obtained an Emotional Support Animal letter from a licensed professional within the past twelve months stating that the Animal is an essential part of treatment for that purpose. 2.16 “ FERAL CAT ” means a freely ranging wild-living domestic cat. A Feral Cat is differentiated from a Pet Animal by one or more of the following traits: it is under socialized or completely unsocialized to humans; it has no identification or microchip; or it may have a cropped ear from having been previously spayed or neutered by a vet. 2.17 “ HABITUAL OFFENDER ” means any Owner of a Pet Animal or Working Dog that has been associated with offenses resulting in convictions of any single provision of this Resolution more than two times within any 18-month period. It also means any Owner that has been convicted of any single provision of this Resolution more than two times within any 18-month period. For the purposes of this Resolution, after the Effective Date of this Resolution, any disposition of charges involving probation or deferred judgment and sentencing shall be considered to be a conviction. 2.18 “ IMPOUND ” means to place an Animal in Public or Protective Custody in the interest of the safety of the Animal and/or the safety of the community (this definition includes impounded and impoundment). 2.19 “ INJURY ” means any physical damage to a person or animal including, but not limited, to sprains, bruising, scratches, punctures, lacerations, or broken bones. 3 August 4, 2020 - Page 51 of 138 2.20 “ LEASH ” means any type of rope, cable, chain or similar tool attached to the Animal, and held by the Owner. A Leash cannot exceed the length of an average retractable leash, approximately 15 feet. A Leash must be substantial enough, and be properly secured in a way, to prevent any loss of Control. 2.21 “ LIVESTOCK ” means cattle, horses, mules, burros, sheep, poultry, swine, llama, goats, and any other Animal, when used for working purposes or raised for food or fiber production. 2.22 “ MISTREATMENT ” means every act or omission which causes, or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering of an Animal. Mistreatment also includes the leaving an Animal within an enclosed space, such as a vehicle even if the windows are lowered or outdoors for a period longer thirty minutes and where the animal shows visible signs of hypothermia, hyperthermia or distress. 2.23 “ NECESSARY CARE ” for a Pet Animal includes but is not limited to providing food, water, protection from the weather and removal of waste from the Animal’s enclosure or yard. 2.24 “ NEGLECT ” means failure to provide food, water, protection from the weather, opportunity for exercise, socialization, or other care consistent with the needs of the species of the Animal in question. 2.25 “ OWNER ” means any person, firm, corporation, or organization owning, possessing, keeping, having financial or property interest in, or having temporary control or custody of, any Pet Animal; or any person, firm, corporation or organization owning or having financial or property interest in a Working Dog. 2.26 “ PET ANIMAL ” means dogs, cats, rabbits, guinea pigs, hamsters, mice, rats, gerbils, ferrets, birds, fish, reptiles, amphibians, and invertebrates, or any species of wild or domestic or hybrid animal sold, transferred, or retained for the purpose of being kept as a household pet, except Livestock or Feral Cats. “Pet Animal” does not include Feral Cats or an Animal used for working purposes on a farm or ranch or a Working Dog in the process of being worked. 2.27 “ PET ANIMAL FACILITY ” means any facility licensed as such pursuant to the provisions of Part 1 of Article 80 of Title 35, C.R.S. 2.28 “ PHYSICAL CONTROL ” means Control of a Pet Animal by means of a Leash or by confinement in a Secure Animal Enclosure. 2.29 “ POTENTIALLY DANGEROUS ANIMAL ” means: (a) any Pet Animal or Working Dog that without provocation Attacks or causes Bodily Injury to a person or Animal; (b) a Pet Animal that causes the death of an Animal; (c) a Pet Animal that approaches a person 4 August 4, 2020 - Page 52 of 138 upon the streets, highways, sidewalks, or other areas open to the public, including Common Areas, in a menacing fashion; (d) a Pet Animal that has a known propensity, tendency, or disposition to Attack without provocation, or cause Injury or otherwise threatens the safety of persons or other Animals; or (e) a Pet Animal that is owned or harbored primarily or in part for the purpose of fighting or is trained for fighting. 2.30 “ PRIVATE PROPERTY ” means property owned or leased by any person, including any confined area or locality such as a residence, business, room, shop, building, or motor vehicle. 2.31 “ PROTECTIVE CUSTODY ” means the taking of an Animal into custody by Animal Shelter & Services Department to prevent the Mistreatment, Neglect, or Abandonment of such Animal; or, impoundment of an Animal because of the Owner ’s inability to care for the Animal due to incarceration, incapacitation, or transport to a medical treatment facility. 2.32 “ PROVOCATION ” means harassment, teasing, threatening, striking, or attacking an Animal or its Owner in the Animal’s presence, by either a person or another Animal. Provocation may also include the intrusion onto Private Property without the consent of the Private Property owner and/or interference with a Working Dog’s performance of its job while it is actually working. Provocation does not include when a person enters Private Property and has the right to enter including, but not limited to, delivery personnel, utility workers, or peace officers while they are working. 2.33 “ PUBLIC CUSTODY ” means the impoundment and/or confinement of an Animal in the Animal Shelter, or in the physical control of an Animal by an Animal Control Officer performing duties pursuant to the provisions of the Resolution. 2.34 “ QUARANTINE ” means the confinement of an Animal for a specific period of time during, as determined by the Animal Shelter & Services staff, which the Animal will be observed in order to detect symptoms of disease. At the discretion of the Animal Shelter & Services staff, the Animal may either be quarantined by being (i) taken into Public Custody; or (ii) kept in a Secure Animal Enclosure and/or within the Physical Control of the Owner during the entire Quarantine period. 2.35 “ RABIES REGISTRATION ” means the vaccination of an Animal with an anti-rabies vaccine administered under the supervision of a licensed veterinarian, and the retention of a certificate of rabies vaccination by the animal owner. 2.36 “ SECURE ANIMAL ENCLOSURE ” means a structure which is suitable to prevent the escape of the Animal having a top, bottom, all sides, and is locked to avoid entry by a child. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground to a depth of not less than one foot. 2.37 “ SERIOUS BODILY INJURY ” means such Injury which involves a substantial 5 August 4, 2020 - Page 53 of 138 risk of permanent physical disability, impairment or, a disfigurement; or, a substantial risk of protracted loss or impairment of the function of any part of, or organ in the body. 2.38 “ SERVICE ANIMAL ” means any dog which has been trained to provide a specific service or services to a person with a disability. An Emotional Support Animal is not a Service Animal. 2.39 “ TETHER ” means to securely tie, chain or Leash a Pet Animal to an inanimate object. 2.40 “ TRESPASS ” means: the entry by a Pet Animal or Working Dog upon any Private Property other than that of the Animal’s Owner without permission; or the entry upon public property which is posted or identified on the Animal Control Map as not permitting access to such Animals. 2.41 “ UNWANTED CONTACT ” means any physical contact, or charging or pressuring a person or Animal while on any property other than Private Property regardless of whether that action is friendly or aggressive. 2.42 “ WORKING DOG ” means a Dog that is actually working livestock, guarding livestock from predators, locating or retrieving wild game in season for a licensed hunter, assisting law enforcement officers, assisting in rescue efforts, is a Service Animal or is actively being trained for any of these purposes. Any dog not actively working is considered a Pet Animal during those time periods. 3. VACCINATION OF PET ANIMALS AND WORKING DOGS REQUIRED . 3.1 Owners of Pet Animals and Working Dogs which are harbored, kept, or maintained in Eagle County, for which Animals the United States Department of Agriculture has licensed a rabies vaccine, shall (i) vaccinate, (ii) maintain the efficacy of the vaccination, and (iii) maintain proof of current, efficacious rabies vaccination for their Pet Animals and Working Dogs. 3.2 Such Pet Animals and Working Dogs shall be vaccinated when the animal reaches the age of four months or is licensed (if applicable), whichever occurs first, and the vaccination shall be repeated as necessary in accordance with recommendations of the United States Department of Agriculture or vaccine manufacturer to maintain efficacy of the vaccination. 3.3 The rabies vaccine shall not be required for a Pet Animal whose veterinarian, in accordance with § 25-4-607, C.R.S., has issued a written waiver based on the veterinarian’s professional opinion that the rabies inoculation is contraindicated due to the Pet Animal’s medical condition. 4. ANNUAL DOG LICENSING . All Dogs, including Working Dogs, harbored, kept, or 6 August 4, 2020 - Page 54 of 138 maintained in Eagle County shall be licensed, except Dogs kept as part of the operation of a Pet Animal Facility or Eagle County maintained shelter. 4.1 All Dogs over the age of four months shall have a valid Eagle County Dog license after the Dog has been kept, maintained, or harbored in the County for any consecutive thirty day period or immediately upon impoundment or citation for any violation of the Resolution. 4.2 All Dog licenses shall be renewed on or before their expiration date. 4.3 A valid Dog license tag shall be attached to a collar or harness and shall be worn by the Dog at all times. It shall be a defense to prosecution that the Owner can produce a certification by a veterinarian that the Dog cannot wear a collar or harness because of a permanent medical condition or the Dog was, at the time of notice, working in a capacity that made the wearing of a collar or harness hazardous to the Dog. Working Dogs that cannot wear a Dog license tag shall be microchipped or tattooed, at the Owner ’s expense, and registered with the Animal Shelter & Services Department. 4.4 A Dog license shall be comprised of and evidenced by a written license form and a Dog license tag. 4.5 The Animal Shelter & Services Department and/or any agency or person designated by the Board of County Commissioners by resolution will issue a Dog license upon the receipt of the executed application, payment of the license fee and evidence of a current rabies vaccination. 4.6 Per § 24-34-803.5, C.R.S., any person with a disability who has a Service Animal that requires a Dog license, will be eligible for a free license when they contact the Animal Shelter & Services Department. Such person must be prepared to answer the following questions: (a) is the Service Animal required because of a disability?; and (b) what work or task has the Service Animal been trained to perform? All other Dogs are not eligible for a free license. 5. FAILURE TO CONTROL A WORKING DOG OR PET ANIMAL . It shall be unlawful, considered a failure to Control a Pet Animal or Working Dog, when: 5.1 A Pet Animal is off the Owner ’s Private Property , including on Common Areas, without the presence of a person having Physical Control; except in locations identified as allowing Demonstrable Control on the Animal Control Map; 5.2 A Pet Animal or Working Dog Attacks a person or another Pet Animal, or causes damage to the property of another. It is an affirmative defense if the Animal is on its Owner ’s Private Property and no Injury or damage is involved in the incident; 5.3 A Pet Animal is allowed to defecate and the Owner of the animal does not remove the waste immediately while off Private Property; 7 August 4, 2020 - Page 55 of 138 5.4 A female cat or Dog, during estrus, is not under Physical Control, whether on or off Private Property; 5.5 A Pet Animal is not under Demonstrable Control in areas identified on the Animal Control Map as allowing Demonstrable Control; 5.6 Any Pet Animal or Working Dog is Mistreated, Neglected or is left in circumstances which constitute Abandonment; or 5.7 A Pet Animal or Working Dog is allowed to Trespass. 6. INTERFERENCE WITH AN OWNER’S CONTROL OF A PET ANIMAL OR WORKING DOG . It shall be unlawful for any person to perform any act which interferes with, prevents, or hinders the efforts of an Owner to Control any of the Owner ’s Pet Animals or Working Dogs. 7. INTERFERENCE WITH AN ANIMAL CONTROL OFFICER . 7.1 It shall be unlawful to intentionally interfere with, make false statements to, provide false documentation to, hinder, prevent, or obstruct an Animal Control Officer in his/her performance of duty pursuant to this Resolution. 7.2 It shall be unlawful to remove any animal from the Public or Protective Custody without the consent of an Animal Control Officer. 8. WHEN A PET ANIMAL OR WORKING DOG BITES A PERSON . 8.1 DUTY TO REPORT PET ANIMAL AND WORKING DOG BITES Any medical professional who provides treatment to a person for any Animal Bite that has pierced the skin shall report to the Animal Shelter & Services Department any information known regarding the Animal Bite. The report shall be made within 24 hours after such information is received, and shall include with the report the name, address, and telephone number of the person who was Bitten. The report may be made by telephone to the Animal Shelter & Services Department on voice mail. 8.2 OWNER’S DUTY TO PRODUCE BITING ANIMAL FOR INSPECTION OR QUARANTINE i. Upon the request of an Animal Control Officer, an Owner shall make available for inspection and/or Quarantine any Pet Animal or Working Dog which has Bitten, or is suspected of Biting a person. 8 August 4, 2020 - Page 56 of 138 ii. If the Quarantine of a Pet Animal or a Working Dog is deemed necessary, the place and terms of Quarantine shall be determined by the Animal Shelter & Services Department staff pursuant to this Resolution. During Quarantine, the Pet Animal or Working Dog shall, for a period of 10 days, be caused to be 1) isolated and confined to a Secure Enclosure and/or under the Physical Control of the Owner; or 2) confined at the Animal Shelter in a manner deemed appropriate by the Animal Shelter & Services Department staff. iii. All costs of Quarantine shall be the responsibility of the Owner. 9. DESIGNATION OF DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS . 9.1 The Animal Shelter & Services Department staff shall have the authority to determine, based on a preponderance of the evidence, that a Pet Animal or Working Dog is Potentially Dangerous or Dangerous as defined in this Resolution. 9.2 Written notice of a Pet Animal or Working Dog’s classification under 9.1 shall be served on the Owner as required by Section 9.3. The notice shall describe the Animal and state the grounds for its classification that is applicable to such Pet Animal or Working Dog. The notice shall also state that, if a written request for an administrative hearing is filed with the Animal Shelter & Services Department staff within 14 days after receipt of the notice, an administrative hearing will be conducted to review the classification of the Pet Animal or Working Dog. The right to an administrative hearing shall be deemed waived if not timely requested as set forth in this Resolution. 9.3 The notice referred to in 9.2 of this Subsection shall be given either by personal delivery to the Owner or by registered or certified mail, return receipt requested, addressed to the Owner at the Owner ’s last known address. Notice by personal delivery shall be complete upon delivery and the receipt or upon return of the notice as undeliverable, refused, or unclaimed. 9.4 All administrative hearings held under this Section shall be heard by the Board of County Commissioners or its designate, hereinafter referred to as the “Hearing Officer.” The burden of proof shall be on the Owner to show cause as to why the Animal’s behavior does not support the designation as Potentially Dangerous or Dangerous. The hearing shall be informal and technical rules of evidence shall not apply. The classification shall be determined based upon the preponderance of the evidence. The Hearing Officer shall not be required to file a full opinion or make formal findings of fact or conclusion of law. However, the Hearing Officer must state the reasons for the determination, and indicate the evidence relied upon. Such determination shall be made no later than 72 regular business hours after the close of the hearing. The proceedings at the hearing shall be recorded and retained for ten years. After ten years, the records will be destroyed unless otherwise required to retain such records. 9.5 Should the Hearing Officer determine that the Pet Animal or Working Dog was properly designated by the Animal Shelter & Services Department staff, the Owner who requested the hearing shall be responsible for paying for the cost and expense of the hearing. 9 August 4, 2020 - Page 57 of 138 Should the Hearing Officer determine that the Pet Animal or Working Dog is neither Potentially Dangerous nor Dangerous, no costs shall be charged to the Owner for Impoundment of the Pet Animal or Working Dog during pendency of the hearing. 9.6 When an Animal has been classified as Dangerous, the Hearing Officer shall first determine if that classification is proper. If the Hearing Officer determines that the Animal was improperly classified as Dangerous, the Hearing Officer shall then determine if the Animal is Potentially Dangerous. Should the Hearing Officer determine that the Pet Animal or Working Dog is Potentially Dangerous, the Owner shall comply with the requirements of this Section applicable to Potentially Dangerous Animals. 10. IMPOUNDMENT OF DANGEROUS ANIMALS PENDING HEARING . During the pendency of any hearing and any appeal therefrom on the classification of a Pet Animal or Working Dog as Dangerous, the Pet Animal or Working Dog shall be Impounded at the Animal Shelter at the Owner ’s expense. In the event that the Animal is determined neither Potentially Dangerous nor Dangerous, no costs shall be charged to the Owner for Impoundment. 11. RESTRICTIONS ON A POTENTIALLY DANGEROUS ANIMAL . 11.1 CONTROL Whether on or off Private Property, a Potentially Dangerous Animal must be on a leash no longer than four feet or in a Secure Animal Enclosure. The enclosure must also provide adequate protection from the elements and be kept in a clean and sanitary condition. When off Private Property the Potentially Dangerous Animal shall wear an approved muzzle as determined by Animal Shelter & Services Department staff. 11.2 Any Animal designated as Potentially Dangerous pursuant to any previous Eagle County Animal Control Resolution shall maintain such designation and shall comply with this resolution as amended from time to time. 11.3 NOTIFICATION OF CHANGE IN STATUS The Owner shall immediately notify the Animal Shelter & Services Department if a Potentially Dangerous Animal is loose, unconfined, has Attacked another animal, or person, or has died, been sold, been given away, or is otherwise no longer in the possession of the Owner. If the Potentially Dangerous Animal has been sold or given away, the Owner shall provide the Animal Shelter & Services Department with the new Owner ’s name, address and telephone number. If the new Owner maintains the Potentially Dangerous Animal within Eagle County, the new Owner shall comply with the requirements previously applied to such Animal and the requirements of this Resolution. 11.4 SIGNS; DISPLAY REQUIRED 10 August 4, 2020 - Page 58 of 138 The Owner shall display a sign or signs in such form as required by Eagle County on its premises warning that there is a Potentially Dangerous Animal on the Private Property. Such a sign or signs shall be visible and capable of being read from any public right-of-way or Common Areas abutting the Private Property. Such a sign shall also be posted on the enclosure for the Potentially Dangerous Animal. Eagle County shall provide one sign required by this Section at no cost to the Owner. Additional or duplicate signs shall be purchased from Eagle County for an amount equal to Eagle County’s cost for providing the signs. 11.5 SPECIAL LICENSE AND IDENTIFICATION TAG The Owner of any Potentially Dangerous Animal shall obtain an annual special license and identification tag for such Animal, which license shall expire on December 31 of the year for which the license is issued. An application for a special license and identification tag shall be made to the Animal Shelter & Services Department which shall include the information required by Section 4 of this Resolution. All Potentially Dangerous Animals shall also be issued a special license identification tag which shall be worn by the Potentially Dangerous Animal at all times. 11.6 SPAY OR NEUTER REQUIREMENT FOR POTENTIALLY DANGEROUS ANIMALS Within 14 calendar days after its classification as a Potentially Dangerous Animal, the Owner shall have the Animal spayed or neutered and present proof of that fact to the Animal Shelter & Services Department. 11.7 The Owner of any Animal that has been designated as Potentially Dangerous in accordance with the terms of this Resolution must comply with Sections 11.1 and 11.2 concerning Potentially Dangerous Animals pending the outcome of any hearing challenging such designation. 11.8 FAILURE TO COMPLY WITH POTENTIALLY DANGEROUS ANIMAL RESTRICTIONS Any Animal that has been previously classified as Potentially Dangerous and is found in violation of the restrictions concerning Potentially Dangerous Animals may be classified as a “Dangerous Animal” in accordance with the terms of this Resolution. 12. TEMPORARY DESIGNATION OF POTENTIALLY DANGEROUS . An Animal Services Officer may provide the Owner of a Pet Animal the opportunity to voluntarily abide by Sections 4.3, 11.1, 11.2, and 11.7 over a period of three months to six months, as determined by the Animal Services Officer , after a documented incident of Potentially Dangerous behavior. If, during the time of the temporary designation, the Animal is in violation of the above described Sections, the Animal may be permanently designated as Potentially Dangerous for the initial incident by following the Section 9 processes. If no violations are documented or reported during the temporary period the animal shall be released 11 August 4, 2020 - Page 59 of 138 of the temporary designation with the Owner ’s agreement that the animal will not be allowed to show Potentially Dangerous behavior in the future. 13. DESTRUCTION OF DANGEROUS ANIMAL . 13.1 It shall be unlawful to own a Dangerous Animal. 13.2 Any Pet Animal or Working Dog that is classified as Dangerous shall be humanely euthanized after being quarantined for the period provided by law. 14. FAILURE TO COMPLY WITH CERTAIN TERMS OF A SALES OR ADOPTION CONTRACT . 14.1 It shall be unlawful to fail to comply with any of the terms of an adoption or fostering contract when the animal is obtained from the Eagle County Animal Shelter pursuant to such contract. 15. IMPOUNDMENT OF STRAY, ABANDONED ANIMALS OR THOSE OTHERWISE IN VIOLATION OF PROVISIONS OF THIS RESOLUTION . 15.1 An Animal Control Officer may impound any Animal that is not under Control as required by this Resolution, or when there is probable cause that it and/or its Owner are in violation of any of the provisions of this Resolution. 15.2 An Animal Control Officer may Impound any Pet Animal displaying Potentially Dangerous or Dangerous Animal that is not under Control as provided in this Resolution. An Animal Control Officer may perform such impoundment prior to notifying the Owner, if such Owner is not immediately present to exercise Control of such animal. 15.3 As soon as practical after the Impoundment of any Animal, an Animal Control Officer shall make a reasonable effort to notify the Owner of the Animal’s location by telephone, posting of a notice at the Owner ’s residence, or by written notice mailed to the Owner ’s last known address, if the identity of the Owner is known. If needed to establish the identity of the Owner, information contained on any identification, rabies, or license tag found attached to the Animal shall be used. 16. OWNER’S DUTY TO REDEEM ANIMAL AND PAY FEES . 16.1 The Owner of any Impounded Animal shall be held responsible for all the costs of Impoundment, including medical treatment and boarding. 16.2 It shall be unlawful for any Owner to fail to make arrangements for the redemption or surrender of any Animal impounded pursuant to the provisions of this Resolution, or to fail to pay any fees associated with the redemption or surrender of such Animal. 12 August 4, 2020 - Page 60 of 138 17. DISPOSITION OF IMPOUNDED ANIMALS . 17.1 Any Pet Animal or Working Dog, except Feral Cats, Impounded pursuant to the other provisions of this Resolution, shall become the property of the Animal Shelter & Services Department after five days of impoundment, after which it may humanely euthanize the Animal. No Animal shall be euthanized while pending the outcome of a Dangerous Hearing or being held for a Quarantine. For purposes of this Section, a “day” means a 24-hour period beginning at the time of the day at, and on the date on, which the Animal was taken into Public Custody. 17.3 Animal Shelter & Services Department may humanely euthanize any Animal at any time prior to the expiration of the 5-day impoundment period if the Animal is seriously injured or ill, or if the Animal poses a risk to the health of any person. 17.4 After the required time period, in lieu of having an Animal destroyed, the Animal Shelter & Services Department may release an Animal which is not diseased to a bona fide animal welfare organization or to a person having no previous interest in the animal. Upon release of the Animal, the recipient shall pay a fee as established by the County, including but not limited to fees for adoption, rabies inoculations, dog license, and sterilization costs. 17.5 All Animals adopted from the Animal Shelter & Services Department are required to be sterilized at the time of adoption unless such surgery would be dangerous to the animal due to its age or physical condition, as determined by the selected veterinarian of record. Transfer of ownership shall not occur until sterilization has been performed although possession may be given to the adopting person upon his or her written promise to have the sterilization performed by a specified date. 18. THREATENING OF LIVESTOCK OR WILDLIFE . 18.1 It shall be unlawful to fail to Control any Pet Animal so as to prevent such Animal from running after, chasing, pursuing, Biting, attacking, or in any other way threatening Livestock or wildlife. 18.2 Any Pet Animal threatening Livestock or wildlife may be immediately destroyed at the discretion of any Animal Control Officer. If not destroyed, the Animal may be immediately Impounded and/or designated Dangerous or Potentially Dangerous in accordance with this Resolution. 18.3 A violation of this Section may also require a mandatory court appearance by the Owner. Upon conviction, if the Animal was not destroyed at the time of the incident, the court may order it destroyed under the supervision of the Animal Shelter & Services Department. If the court does not order the animal destroyed, the court may deem the animal a Potentially Dangerous Animal, and possession shall be returned to the Owner subject to the regulations applicable to Potentially Dangerous Animals under this Resolution and other state law. Upon a second conviction of a violation of this Section with respect to a specific Animal, the court shall 13 August 4, 2020 - Page 61 of 138 order the animal to be Dangerous and the animal destroyed under the supervision of the Animal Shelter & Services Department. 18.4 Upon conviction of any violation of this Section, the Owner shall be required by the court to pay restitution for any Livestock or wildlife injured or killed by the Owner ’s Animal. 19. NUISANCE, ANIMAL NOISE AND FECES . 19.1 It is unlawful for any Owner to fail to prevent his Pet Animal from disturbing the peace of any other person by any unprovoked barking, whether the Animal is on or off the Owner’s Private Property. 19.2 It is unlawful for any Owner to permit the accumulation of a Pet Animal’s feces on the property on which the Animal is kept such that it is detectable visually or odorously by neighbors. 19.3 It is unlawful for any Owner to fail to confine Pet Animal feces, and any part thereof, within the perimeters of the property on which the Animal is kept, regardless whether such failure to confine is the result of natural causes, such as surface water flow, or other causes. 19.4 No person shall be charged with a violation of this Section unless a written warning for a separate violation has been given at least 72 hours prior to the issuance of the citation, and corroborating evidence is also be provided along with a citizen incident report. Corroborating evidence can be digital documentation of the violation or a secondary witness of the violation. 20. HABITUAL OFFENDER . It shall be unlawful for any person to become a Habitual Offender as defined in this Resolution. Any person may be charged as a Habitual Offender in addition to any other charges brought pursuant to the provisions of this Resolution. Upon the conviction of an Owner as a Habitual Offender, the Owner ’s offending Animal(s) may be ordered removed from Eagle County or surrendered to the Animal Shelter & Services Department, along with any other penalties imposed by the Court. The court shall consider a maximum allowable fine for the Habitual Offender charge if the Owner is found guilty. 21. ENFORCEMENT . Animal Control Officers have the authority to issue a Summons and Complaint or penalty assessment to any alleged violator of this Resolution. The fine or other penalty shall be as provided in the Eagle County Animal Control Resolution or as otherwise provided by law. In addition to Animal Shelter & Services Department and Animal Services Officer enforcement, the provisions of this Resolution shall be enforced by the County Sheriff and peace officer of jurisdiction. Prior to issuing any Summons, Complaint or penalty assessment, such issuance shall be supported by a signed witness statement from a member of the public or the witness of an Animal Services Officer. 22. PENALTIES . The fines, in the amounts prescribed in the attached Exhibit A , shall apply to any such violation of this Resolution, and shall be applied either through the penalty 14 August 4, 2020 - Page 62 of 138 assessment procedure of § 16-2-201, C.R.S., or by the court after conviction, in which case the court shall also assess the appropriate court costs. 23. POWER OF THE COURT . In addition to any penalties which may be provided for in this Resolution, the court shall have the authority, upon making a finding that an animal constitutes a nuisance or that an Animal constitutes a real or present danger to the citizens of the County, to order that the Animal be destroyed in a humane fashion or, in the case of nuisance animals, may be transferred to the Animal Shelter & Services Department for rehoming if possible . 24. LIABILITY FOR ACCIDENT OR SUBSEQUENT DISEASE FROM IMPOUNDMENT . The Board of County Commissioners, its employees, agents and persons authorized herein to enforce the provisions of this Resolution, shall not be held responsible for any accident or subsequent disease which may be suffered by an Animal as a result of the administration or implementation of this Resolution. 25. NOTICE . An Owner shall be deemed to have been issued and received an appropriate notice or warning as herein referred if the warning is personally served upon the Owner, posted on the Owner’s Private Property, or placed in the U.S. Mail, postage prepaid and addressed to the Owner at the last known address of the Owner. 26. HOT PURSUIT . An Animal Services Officer in hot pursuit of an animal that is suspected of inflicting Bodily or Serious Bodily Injury to a human being or other animal may enter onto private property for the purposes of enforcing this Resolution, including for the purpose of effecting an Impoundment and/or Quarantine and, removing the animal from the property, ascertaining the identity of the animal, it’s owner, and/or the currency or existence of dog tags, or issuing a citation. This Section, however, does not grant any Animal Control Officer authority to enter into any dwelling. 27. ANIMAL SERVICES OFFICERS . 27.1 There is hereby created the position of Eagle County Animal Services Officer who shall be employed by the County and appointed as such by the Board of County Commissioners, acting directly or through the County’s chief administrative officer, at such compensation and such qualifications as from time to time shall be fixed by order of the Board. 27.2 Pursuant to § 30-15-105, C.R.S., personnel engaged in animal control, however titled or administratively assigned, may issue citations or enforce this Resolution. Personnel so engaged shall be included in the definition of “Peace Officer or Fireman” in § 18-3-201(2), C.R.S. Nothing herein is intended to vest authority in any person so engaged to enforce any resolution or statute other than this Resolution. 28. DISPOSITION OF FINES AND FORFEITURES . All fines and forfeitures for violation of any provisions of this Resolution and all moneys collected by the County for licenses shall be paid over to the County Treasurer immediately upon their receipt. 15 August 4, 2020 - Page 63 of 138 29. CAPTIONS . The captions and section headings used throughout this Resolution are for the convenience of reference only, and the words contained herein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or add to the interpretation, construction or meaning of any provision to or the scope of this Resolution. 30. TERMS . For convenience, defined terms usually have been capitalized within this Resolution. Words used herein shall have their natural meaning, their statutory meaning if applicable, or the meaning set forth in the definitions, according to the context in which they appear, regardless of capitalization. 31. SEVERABILITY . If any provisions of this Resolution or the application thereof to any party or circumstance shall to any extent be invalid or unenforceable, the remainder of this Resolution and the application of such provision to parties or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each provision of this Resolution shall be valid and be enforced to the fullest extent permitted by law. 32. REPEALER . Upon the effective date of this Resolution, the Eagle County Animal Control Resolution of 2018, Resolution No. 2018-098, shall be repealed and replaced by this Resolution. That repeal shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this Resolution. 33. TITLE . This Resolution shall be known as the Eagle County Animal Control Resolution of 2019. 34. EFFECTIVE DATE . All provisions of this Resolution shall be effective upon its execution by the Board of County Commissioners for Eagle County, Colorado. 16 August 4, 2020 - Page 64 of 138 ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the __ day of______, 2019. ¶ ¶ ¶ ¶ ¶ COUNTY OF EAGLE, STATE OF ↵ COLORADO, By and Through Its ↵ BOARD OF COUNTY COMMISSIONERS ¶ ATTEST: ¶ ____________________________ By: ______________________________ ↵ Clerk to the Board of Jeanne McQueeney ↵ County Commissioners Chair ¶ ______________________________ ↵ Kathy Chandler-Henry ↵ Commissioner ¶ 17 August 4, 2020 - Page 65 of 138 ____________________________ ↵ Matt Scherr Commissioner ¶ ¶ Commissioner ____________________ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: ↵ ↵ Commissioner McQueeney ______________ ¶ Commissioner Chandler-Henry ______________ ¶ Commissioner Scherr ______________ ¶ ¶ ¶ This resolution passed by __________________ vote of the Board of County Commissioners of the County of Eagle, State of Colorado ¶ EXHIBIT A Department of Animal Shelter & Services Fee & Fine Schedule FEES: Dog License: $10.00 per year $5.00 Replacement Tag Potentially Dangerous Dog License: $200.00 per year Adoption: Cats - $70.00 Kittens - $100.00 Dogs -$100.00 Puppies - $150.00 Other - $50.00 Impounds: $50.00 Boarding: $25.00 per day Vaccination: $20.00 18 August 4, 2020 - Page 66 of 138 After Hours Emergency Reclaim: $100.00 Animal Surrender: $50.00 plus $10.00 per infant 8 weeks or younger Cat/Dog Traps: $65.00 refundable deposit Transport within County: $40.00 Out of County Transport: $100.00 per day plus $1.00 per mile FINES Fines will increase when the same animal or person is involved in a second or third violation of the same offense: Offense: 1 st Offense 2 nd Offense 3 rd Offense or Subsequent Fines: $100.00 $250.00 $375.00 For any violations reviewed by the court, the court shall consider fines and jail time up to the allowable maximum of $1,000.00 and 90 days in jail per offense as detailed in C.R.S § 30-15-102.1 19 August 4, 2020 - Page 67 of 138 1 Tammy Nagel From:David Ruttum <dmruttum@gmail.com> Sent:Monday, August 3, 2020 10:50 AM To:Council Dist List Subject:Leash law TC,    I do not support a dog leash law. Dogs must remain under voice control. That can be accomplished with voice and  electronic collars. Physical leashes are unnecessary and often unsafe. Physical leashes can entangle other people like  cyclists and pedestrians.    David Ruttum  1388 Buffehr Creek Road   Vail  August 4, 2020 - Page 68 of 138 1 Tammy Nagel From:Ted Steers <Ted@vailvillagerentals.com> Sent:Saturday, August 1, 2020 1:45 PM To:Council Dist List Subject:Leash laws Hello friends. I love my dogs and sometimes they getaway. They are not off-leash, they are just free spirited. I always know where they go. They go to visit their dog friends up the street. We always walk on a leash; except on the hiking trails. We have never had an incident causing emotional or physical harm. I would hate to see normal behavior become illegal. Let's keep the current laws in place and spend our efforts communicating what the rules are. thank you TED    Ted Steers, Owner  Vail Village Rentals | Luxury Vacation Rentals   Vail Office: 970.476.PLAY (7529)  Cell: 970.331.4995  ted@vailvillagerentals.com            August 4, 2020 - Page 69 of 138 1 Tammy Nagel From:Danean Boukather <danean@bhhsvail.net> Sent:Saturday, August 1, 2020 10:03 AM To:Council Dist List Subject:Animal Control To whom in may concern<     I have owned a dog in Vail for 25 years.  The animal control laws we currently have in place have always worked fine and  continue to do so.  Please do not amend them. I live in Intermountain and everyone with dogs respected the leash law,  spend your resources doing something good for the community instead of wasting money. Thank you for your time and  consideration n this matter. Danean.         Danean Boukather   Broker Associate Berkshire Hathaway HomeServices Colorado Properties C 970‐376‐5415 O 970‐476‐2482 danean@bhhsvail.net My Website   View My Testimonials  Wire Fraud Alert: You will never receive wiring instructions from me. All wire instructions will be emailed from the title  company via an encrypted email system.         August 4, 2020 - Page 70 of 138 1 Tammy Nagel From:Rondeau's <nanpaul@vail.net> Sent:Friday, July 31, 2020 4:52 PM To:Council Dist List Subject:Lease Laws ...... From Paul Rondeau Note: Item (4) should say EVERY  WHERE   August 4, 2020 - Page 71 of 138 1 Tammy Nagel From:Brian Gillette <brian_gillette@gillettellc.com> Sent:Friday, July 31, 2020 3:44 PM To:Council Dist List Subject:Animal Control Good Afternoon Council,    I have owned a dog in Vail for 25 years.  The animal control laws we currently have in place have always worked fine and  continue to do so.  Please do not amend them and send a bunch of leash Nazis into our neighborhoods to terrorize your  constituents.    If it ain’t broke, don’t fix it.    Brian Gillette GILLETTE LLC  Post Office Box 5821  Vail, Colorado 81658  970.390.7981 v  www.gillettellc.com    August 4, 2020 - Page 72 of 138 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: Colorado Sales and Use Tax S ystem (S UT S) Discussion P RE S E NT E R(S ): Alex J akubiec, Revenue Manager AC T IO N RE Q UE S T E D O F C O UNC I L: I nformation Only; During tonight’s evening meeting Council will be asked to approve, or approve with amendments Resolution 33, S eries 2020 and Ordinance 9, Series 2020. B AC K G RO UND: Following the 2018 S upreme Court decision in South Dakota vs Wayfair Colorado began the process of complying with destination based sales tax collections. To simplify and create a less burdensome remittance process for remote sellers, the S tate of Colorado created a tax simplification software allowing a single point of remittance. The State has requested that all home rule municipalities participate in the system within 3 years of implementation. AT TAC H ME N TS: Description Colorado Sales and Use Tax System (S U TS) Discussion August 4, 2020 - Page 73 of 138 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: August 4, 2020 SUBJECT: Colorado State Sales and Use Tax Software (SUTS) System I.SUMMARY The purpose of this memorandum is to provide an overview of the SUTS system created by the State of Colorado to further streamline and simplify sales tax collections in the State. Resolution 33, series of 2020, authorizes the Town to enter an intergovernmental agreement with the State to utilize this new system for collection of sales tax from remote vendors. Separately, Town Council will be asked to approved Ordinance 9, series of 2020 in the evening meeting. This ordinance provides necessary amendments to the Town of Vail sales tax code in order to utilize the system. II.BACKGROUND Collection of sales taxes across different home rule municipalities in the State of Colorado is highly complex and burdensome for the business community. After the 2018 Supreme Court decision in South Dakota v. Wayfair, Inc, Colorado began the legal process of complying with the ruling’s requirements for destination based sales and use tax collections which became effective May 2019. Destination based sales tax requires businesses to collect, and remit sales tax based on the location of the consumer when taxable goods are delivered to a Colorado address. Pursuant to the ruling requirement that tax collections not be overly burdensome, the Colorado State Senate adopted SB 19-006 in April 2019 appropriating funds for the development of a sales and use tax simplification software. The developed system offers multiple tools to streamline the tax collection process for remote sellers; •Single point of remittance for all participating jurisdictions •Sales and use tax rate lookup by address for the entire state •Ability to remit sales tax to multiple jurisdictions with a single payment The State Senate indicated in SB 19-006 that all home rule municipalities should voluntarily participate in the SUTS system within 3 years of its implementation. Town of Vail staff met with the State individually and attended stakeholder meetings in developing the proposed 1 August 4, 2020 - Page 74 of 138 agreement. The new centralized system, created by MUNIRevs, began accepting tax payments in May of 2020. The Town of Vail currently uses MUNIRevs software to collect our 4% local sales tax which will provide a seamless data transfer of tax return information and electronic transfer of funds directly to town accounts. III.DISCUSSION As a part of setting up centralized sales tax collections for remote vendors, adoption of Ordinance No. 9, Series 2020 will update the town code and modify certain standard definitions allowing the town to use the sales tax simplification software. Remote sellers located outside of Vail would then have the option to file Town of Vail sales taxes through the State’s SUTS system rather than with the Town. Funds collected by the State would be transferred to the Town daily. Businesses located within the Town would still be required to maintain a local business license and file directly with the Town. The new definition of marketplace facilitator and additional regulations for marketplace sales have been recommended by the CML to reduce the variation in local taxation in the State. Maintaining uniform tax definitions among both self-collecting municipalities and state- collected municipalities insulates all parties against potential legal challenges to mandatory remote sales tax collections. This is a substantial change to Town tax policy as we currently require individual marketplace vendors to collect and self-remit sales taxes. This applies to third party sales made via websites like eBay or Amazon. Notably, this also includes short- term rental (STR) owners using websites like Airbnb or VRBO. Under the new ordinance, these owners would no longer be required to maintain a sales tax license if they exclusively book their property through a bona fide marketplace facilitator. Staff anticipates that this will increase sales tax collections and compliance from short-term rentals significantly. STR owners and managers will still be required to obtain a STR Registration and would be subject to audit for any past-due tax liability incurred prior to the rule change. Adoption of the SUTS system will also help the Town to reinforce sales tax collections from a larger portion of remote vendors with the addition of a new definition of Economic Nexus. The new definition is linked to Colorado State law C.R.S. § 39-26-102(3)(c). Currently Colorado businesses with less than $100,000 in annual sales are exempt from destination based sales tax collections. The State has indicated that once a majority of jurisdictions have agreed to use the SUTS system, this threshold will be removed, and all remote sellers will be required to file sales taxes based on destination. IV.ACTION REQUESTED FROM COUNCIL During tonight’s evening meeting, Council will be asked to approve the first reading of Ordinance No. 9, Series 2020 and Resolution No. 33, Series 2020. Staff recommends Town Council approve or approve with amendments the first reading of Ordinance No. 9, Series 2020 and Resolution No. 33, Series 2020. 22 August 4, 2020 - Page 75 of 138 Resolution No. 33, Series of 2020 RESOLUTION NO. 33 SERIES 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF REVENUE REGARDING SALES AND USE TAX SOFTWARE WHEREAS, pursuant to Article XIV, Section 18, of the Colorado Constitution and C.R.S. § 29-1-203, governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, pursuant to Senate Bill 19-006, the Colorado Department of Revenue contracted with vendors to provide a sales and use tax simplification system that allows taxpayers to look up and remit sales and use taxes through a single portal managed by vendors and held in trust for the benefit of local taxing jurisdictions ("SUTS"); and WHEREAS, the Town wishes to participate in SUTS by intergovernmental agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Agreement Regarding Department of Revenue Sales and Use Tax Software is hereby approved in substantially the form attached hereto, subject to final approval by the Town Attorney. Upon such approval, the Town Manager is authorized to enter into the Intergovernmental Agreement on behalf of the Town. INTRODUCED, READ, APPROVED AND ADOPTED THIS 4TH DAY OF AUGUST 2020. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 33 August 4, 2020 - Page 76 of 138 AGREEMENT REGARDING DEPARTMENT OF REVENUE SALES AND  USE TAX SOFTWARE (“SUTS SYSTEM”)  This agreement regarding the SUTS System (“​Agreement​”) is entered          between the Colorado Department of Revenue (“​CDOR​”) and the undersigned home            rule local taxing jurisdiction (“​Jurisdiction,”collectively,​“the Parties”​) for the           purposes of permitting access to the SUTS System and its related tax information              look up tool as described in this Agreement. The SUTS System permits the              acceptance of returns and processing of payments for the sales and use tax levied by                the state and any local taxing jurisdictions in accord with the objectives of              SB19-006. To further those objectives here, the Parties agree to the following:  AGREEMENT  CDOR grants Jurisdiction access to the SUTS System for Jurisdiction’s use in             the collection and payment of Sales and Use tax under the terms set forth in this                 Agreement.  A.Purpose of Agreement Pursuant to Senate Bill 19-006, CDOR has contracted with vendors, including at  this time, MUNIRevs, Inc. and Transaction Tax Resources, Inc., Fast Enterprises,  LLC, and others, which may change from time to time (collectively, “Vendors”) to  provide a sales and use tax simplification system that allows taxpayers to look up  and remit sales and use taxes through a single portal managed by Vendors and held  in trust for the benefit of the Jurisdiction.   B.Definitions 1)“Confidential Information” means any information derived from the SUTS         System, including but not limited to taxpayer information, return information, and           “personally identifiable information,” as defined in section 24-73-101(4) (b), C.R.S. 2)A "Security Incident," has the meaning set forth in section 24-37.5-402(10),           C.R.S., which is “an accidental or deliberate event that results in or constitutes an              imminent threat of the unauthorized access, loss, disclosure, modification,         disruption, or destruction of communication and information resources. Security         incidents include but are not limited to: a) detection of a virus, worm, malware, etc;               b) unauthorized use of an information resource; c) unauthorized modification of an           information resource; d) theft or diversion of an information resource; e) theft or             diversion of property using an information resource, and f) vandalism or other            damage to an information resource.” 44 August 4, 2020 - Page 77 of 138 3)“Taxpayer” means any individual or business required to remit sales or use            taxes to a taxing jurisdiction. 4)“Sales and Use Tax” means sales and use tax collected by Taxpayers and             remitted to a jurisdiction by Taxpayers. Sales and Use Tax does not include excise              taxes or other taxes or fees that a jurisdiction requires taxpayers to pay. C. Confidentiality. 1)CDOR agrees to continually maintain a secure place in which Confidential           Information will be stored, regardless of whether Confidential Information is in           physical or electronic form and will restrict access to Confidential Information to            persons whose duties and responsibilities require such access. All third-party          contractors who need such access for purposes consistent with this Agreement shall            sign confidentiality agreements with CDOR or Jurisdiction no less restrictive than           the confidentiality terms of this Agreement. 2)Except as may be ordered by a court of competent jurisdiction, no            Confidential Information obtained pursuant to this Agreement shall be disclosed by           CDOR or Jurisdiction to any person or entity not authorized to receive such             information by the laws of the Jurisdiction or the State of Colorado. 3)If CDOR or Jurisdiction is served with a request for Confidential           Information, CDOR or Jurisdiction shall use reasonable efforts to provide notice to            the other Party within such time that CDOR or Jurisdiction may intervene and             seek a protective order or other relief if it so chooses. 4)The information obtained pursuant to this Agreement shall be used only for            the purpose of administration and enforcement of the sales and/or use tax laws of              the Jurisdiction or the State of Colorado. 5)Nothing in this agreement shall prevent a Jurisdiction from contacting their           Taxpayers for auditing or other purposes. 6)If either party becomes aware of any Security Incident, they shall notify the             other immediately and cooperate with one another regarding recovery, remediation,          and the necessity to involve law enforcement. D. Payments of Taxes to Jurisdiction. 1)All funds deposited by a Taxpayer shall be and shall remain the property of              Jurisdiction held in trust until transferred to Jurisdiction. Deposited remittances          55 August 4, 2020 - Page 78 of 138 shall be transferred to Jurisdiction as soon as the funds have settled with the SUTS                bank following NACHA guidelines​.  2)If any Taxpayer payment is returned via an ACH or credit card charge-back             against the account past the settlement process above, that Jurisdiction will pay            applicable amounts back to the SUTS System within five banking days of            notification of return. E. Data and Reports. 1)Jurisdiction will have access to all information from tax forms processed in            the SUTS System that involve transactions within the Jurisdiction via CSV file            downloads, PDF files or some other manner that is mutually acceptable. 2)​The following reports will be available to Jurisdiction with the SUTS           System: a)Assessment Report: This report shows all assessments, by business         and includes several filters. b)Form Data Report: The form data report provides the ability to see all             data for a taxpayer’s form (e.g., gross sales through all deductions). c)Business Comparison Reports by Month: Allows review of trends over          time for particular businesses, or an audience of businesses. d)Business Contact Report. e)Missing Account Number Report for validating Jurisdiction’s Local        Account Number for each registered account in the SUTS System. F. Support. CDOR will provide Taxpayer user support during regular, published State business           hours. Support to Jurisdiction’s administrative users for system questions is          provided by Vendor specialists who will be available by email and phone Monday             through Friday from 8:00 am to 5:00 pm Mountain Time, excluding Federal and             State Holidays. G. Retention of Data​. The SUTS System will retain, for a minimum of three years, all data, records,              returns, and information: a) submitted by Taxpayers to the SUTS System, b)            derived from Taxpayer submissions, and c) transferred to Jurisdiction. H. S​ystem Failure. If the SUTS System becomes disabled, CDOR will use good faith and reasonable             66 August 4, 2020 - Page 79 of 138 efforts to recover the system and all Jurisdiction data not already in the possession               of Jurisdiction This recovery of the SUTS System and data will be conducted at no                additional cost to Jurisdiction.   I. R​eservation of Rights​. The software, workflow processes, user interface, designs, know-how and other          services and technologies which are the sole property provided by Vendors as part of              the SUTS System and CDOR’s agreements with Vendors will remain with Vendors            and Jurisdiction will not have any right, title or interest in or to such items,               including all associated intellectual property rights. J. Restrictions on Use of The SUTS System. 1)Jurisdiction ​may not a) sell, resell, rent or lease the SUTS System, b) use the               SUTS System to store or transmit infringing, unsolicited marketing emails,          libelous, or otherwise unlawful or tortious material, or to store or transmit material             in violation of third-party rights, c) interfere with or disrupt the integrity or             performance of the SUTS System, or d) attempt to gain unauthorized access to the              SUTS System or its related systems or networks. 2)Jurisdiction may allow its third-party contractors to use the SUTS System           solely on behalf of and for the benefit of Jurisdiction and only in compliance with               the terms and conditions of this Agreement. Jurisdiction is responsible for           compliance with the terms of this Agreement by its contractors. K. Initial Setup​. Jurisdiction shall furnish the following items in order to use the SUTS System: 1)Jurisdiction Depository Information: Jurisdiction will provide bank deposit        information (routing & account number) to CDOR’s appropriate Vendors within 5           days of signing this Agreement. This information will be utilized for the deposits of              taxes, penalties, and interest from the SUTS System. It is the responsibility of             Jurisdiction to provide updated depository information should this account need to           be changed at any point in time. 2)Initial Account Number Validation: Jurisdiction will upload their local         account numbers for their Taxpayers to the SUTS System using the SUTS standard             upload format (e.g. Excel, CSV) as soon as is reasonable after signing this             Agreement. CDOR will use this information to validate account numbers for           businesses registering on the SUTS System with actual account numbers for each            jurisdiction for accurate account information on SUTS System tax returns. 77 August 4, 2020 - Page 80 of 138 3)The local account numbers will include the Taxpayer’s account number,          business name, dba, FEIN#, address and any other contact information or the            SUTS System to validate and match the registered account to Jurisdiction’s account            number. 4)The SUTS System will not activate for Jurisdiction for tax receipts until the             Existing Account Number Data File has been provided to CDOR, imported to the             SUTS System and validated by Vendor. 5)It is the responsibility of Jurisdiction to update the account numbers that            need to be added or edited in the SUTS System in order to display the local account                 number on future tax returns generated from the SUTS System. L. Use Tax Purchase Details. Taxpayers filing tax returns through the SUTS System are not required to include             use tax purchase details. Purchase details are typically required on Schedule B to             tax returns required by local jurisdictions. However, nothing in this Agreement           prevents Jurisdiction from requesting these use tax details directly from the           Taxpayer. M. Business Licenses. The SUTS System will not require any Taxpayer to obtain separate Jurisdiction            business licenses or any other license. Jurisdiction may, at Jurisdiction’s discretion,           use the information provided by the Taxpayer in the SUTS System to reach out              separately and independently to their Jurisdiction’s Taxpayers for licenses or any           other requirements from the Jurisdiction that is not included in the SUTS System. N. Frequency of Tax Filings. Taxpayers may file tax returns via the SUTS System at the frequency which is              required of Taxpayer for State taxes under CDOR regulations; however,          Jurisdiction may request from CDOR that the Taxpayer may be moved to a more              frequent filing, which will not be unreasonably denied. O. Jurisdiction New Account Review. When a Taxpayer submits a new registration with the SUTS System and does not              have a Colorado Account Number, the SUTS System will require that the Taxpayer             submit an online Sales Tax License Application and pay the State of Colorado             license fee. The application and fee shall be sent to the CDOR for license issuance               and account number creation for the Colorado Account Number. It is the            88 August 4, 2020 - Page 81 of 138 responsibility of the Jurisdiction to use the SUTS reports to include any new              businesses in their external system of record and to update their local account              number in the SUTS System using the procedures set forth above.   P. Jurisdiction Rate Validation. 1)Jurisdiction will provide written confirmation to Vendors of its sales and use            tax rates, rules, and boundaries. Jurisdiction will use due care and make best             efforts to provide accurate rates, rules, and boundaries. 2)Jurisdiction agrees to specify to Vendors authorized Jurisdiction users who          are allowed to propose changes within the SUTS System administrative tools. 3)Jurisdiction will use best efforts to email Vendors or use the SUTS System             administrative tools to notify Vendors of any tax rates, rules, boundaries, or other             needed data changes 30 days before they are effective for them to be updated in the                system. All notifications must include details on the changes and the period for             which changes are effective. Q. Tax Data Integration​. This Agreement does not provide a direct interface or integration to Jurisdiction’s            system of record for sales and use tax. If a direct interface or custom format is                desired by Jurisdiction to better integrate to Jurisdiction’s system of record,           Jurisdiction may contact Vendor to discuss custom options, which may entail           programming fees to be paid directly to the Vendor by the Jurisdiction. R. Licensed Documentation​. All SUTS System user guides, sample data, marketing, training and other items            provided through the SUTS System or by Vendors (“Licensed Documentation”) may           be used and copied by Jurisdiction via a non-exclusive license for the duration of the               Agreement for Jurisdiction’s use solely with the SUTS System according to the            terms of this Agreement. S. Payment and Merchant Fees. Taxpayer pays credit, debit or any other merchant processor or bank fee associated             with Taxpayer’s remittance payment, and the Jurisdiction ​agrees to pay the ACH            Credit or Debit ​transfer ​fees from the SUTS System to Jurisdiction’s bank account,             which is currently one dollar ($1) per banking day, or approximately twenty dollars             ($20) per month for a Jurisdiction that gets a payment every banking day. The              Jurisdiction will Pre-pay an amount of two hundred and sixty dollars ($260) during             99 August 4, 2020 - Page 82 of 138 the SUTS onboarding process as a credit towards the transfer fees. Jurisdiction will              replenish any funds used, paying in advance of each CDOR fiscal year on or before                July 1 after receiving a notice of account and balance due by June 1.  T. Additional Terms. 1)Governing Law​. This Agreement is governed by Colorado law without          regard to conflicts of law principles. 2)Survival of Terms.​Any terms that by their nature survive termination or            expiration of this Agreement, will survive. 3)Entire Agreement and Changes.This Agreement constitutes the entire         agreement between the Parties, and supersedes all prior or contemporaneous          negotiations, agreements and representations, whether oral or written, related to          this subject matter. No modification or waiver of any term of this Agreement is              effective unless in a written instrument signed by both Parties. 4)No Assignment.Neither Party may assign or transfer this Agreement to a            third party. 5)Enforceability​: If any term of this Agreement is determined to be invalid or             unenforceable, the other terms remain in effect. 6)Notices​: All notices required or permitted to be given under this Agreement            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 below or (c),​as an email with read receipt requested addressed as given               herein. This contact information may be changed by notice submitted in accordance            with this section. For CDOR:  Name: Scott McKimmy  Title: Director, Business Information Group  Email: ​Scott.McKimmy@state.co.us  Address: 1707 Cole Blvd., Lakewood, CO 80401  Phone: 720-793-8117   For Jurisdiction:  Name:________  Title: _________  Email: ________  Address: _______  Phone: __________  1010 August 4, 2020 - Page 83 of 138 7)Counterparts, Facsimiles and E-Mail​. This Agreement may be signed in          any number of counterparts, which together shall constitute one and the same            instrument. Original signatures of the Parties on copies of this Agreement           transmitted by facsimile or electronically/scanned and e-mailed copies shall be          deemed originals for purposes of this Agreement, and such copies shall be binding             on all Parties. 8)Authority to Execute Agreement​. Each person executing this Agreement         on behalf of each Party represents, warrants, assures, and guarantees that s/he has             full legal authority to execute this Agreement on behalf of the Jurisdiction and             CDOR, respectively, and to bind Jurisdiction and CDOR, to all the terms,            conditions, provisions, and obligations of this Agreement. 9)Termination of Agreement:​CDOR or Jurisdiction may terminate this         Agreement for any reason on 90 days written notice to the other Party. 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             terminate the contract. Notwithstanding any provision of this Agreement to the           contrary, both Parties retain any statutory rights they may have to immediately            terminate this Agreement in whole or in part in order to protect the public interest               of their citizens. 10)Limited Financial Obligation.​Consistent with Article X, § 20 of the           Colorado Constitution, any financial obligation of either party not performed during           the current fiscal year is subject to annual appropriation, so the obligation shall             extend only to monies currently appropriated and shall not constitute a mandatory            charge, requirement, debt or liability beyond the current fiscal year. 11)Limitation of Liability for CDOR.​CDOR, its employees, agents, including          Vendors and assignees shall not be liable for any costs, expenses, claims, damages,             liabilities, court fees and other amounts (including attorneys’ fees and related costs)            including but not limited to cost of delay, loss of data or information, failure of the                SUTS system, loss of moneys remitted to SUTS, direct losses, consequential, special,            indirect, incidental, punitive or exemplary loss incurred by Jurisdiction in relation to            any services, including database access in connection with this Agreement. 12)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, or of the          Jurisdiction, its departments, boards, commissions, committees, bureaus, offices,        employees and officials, shall 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. 171 and 28 U.S.C. 1346(b), and the State’s risk                management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this            1111 August 4, 2020 - Page 84 of 138 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.  Jurisdiction Approval  By Title  *Signature Date  ​Municipality or County of Date  Jurisdiction Mailing Address Appointee Phone Number  Appointee Name Title  Appointee Signature Appointee Email  Name of Chief Administrative Officer or  Designee  Title  Chief Administrative Officer or Designee  Signature  Chief Administrative Officer or Designee  Email  *⎕ By checking this box and signing above, I I hereby represent, warrant, assure, and guarantee that I have full legal authority to  execute this Agreement on behalf of the  Jurisdiction and to bind Jurisdiction to all the  terms, conditions, provisions, and obligations  of this Agreement.  Colorado Department of Revenue Approval  By Title  Signature Date  1212 August 4, 2020 - Page 85 of 138 ORDINANCE NO. 9 SERIES 2020 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN CODE TO DEFINE ECONOMIC NEXUS AND UPDATE METHODS FOR COLLECTION AND REMITTANCE OF SALES TAX WHEREAS, the Town of Vail is a home rule municipality, organized and existing under Article XX, Section 6 of the Colorado Constitution; WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales taxes is clearly within the constitutional grant of power to the Town and is necessary to raise revenue with which to conduct the affairs and render the services performed by the Town; WHEREAS, pursuant to such authority, the Town has adopted and enacted a Sales Tax Code (the “Code”), under which Town sales tax is levied on all sales and purchases of tangible personal property or taxable services at retail unless prohibited, as applicable to the provision of this Ordinance, under the Constitution or laws of the United States; WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct. 2080 (2018), overturned prior precedent and held that a State is not prohibited by the Commerce Clause from requiring a retailer to collect sales tax based solely on the fact that such retailer does not have a physical presence in the State (“Remote Sales”); WHEREAS, based upon such decision, the retailer’s obligation to collect tax on Remote Sales is no longer based on the retailer’s physical presence in the jurisdiction by the Constitution or law of the United States, and the Code needs to be amended to clearly reflect such obligation consistent with said decision; WHEREAS, the delivery of tangible personal property, products, or services into the Town relies on and burdens local transportation systems, emergency and police services, waste disposal, utilities and other infrastructure and services; WHEREAS, the failure to tax Remote Sales creates incentives for businesses to avoid a physical presence in the State and its respective communities, resulting in fewer jobs and increasing the share of taxes to those consumers who buy from competitors with a physical presence in the State and its municipalities; WHEREAS, it is appropriate for Colorado municipalities to adopt uniform definitions within their sales tax codes to encompass marketplace facilitators, marketplace sellers, and multichannel sellers that do not have a physical presence in the Town, but that still have a taxable connection with the Town; WHEREAS, the goal of adopting this ordinance is to join in on the simplification efforts of all the self-collecting home rule municipalities in Colorado; Ordinance No. 9, Series of 2020 13 August 4, 2020 - Page 86 of 138 WHEREAS, this ordinance provides a safe harbor to those who transact limited sales within the Town; WHEREAS, absent this amendment, the continued failure of retailers to voluntarily apply and remit sales tax owed on Remote Sales exposes the Town to unremitted taxes and permits an inequitable exception that prevents market participants from competing on an even playing field; WHEREAS, the Town adopts this ordinance with the intent to address tax administration, and, in connection with, establish economic nexus for retailers or vendors without physical presence in the State and require the retailer or vendor to collect and remit sales tax for all sales made within the marketplace as permitted in 2018 by the U.S. Supreme Court; and WHEREAS, the State's adoption of economic nexus for state sales tax and state- collected municipal sales tax did not require voter approval under the Taxpayer's Bill of Rights ("TABOR"), Article X, § 20 of the Colorado Constitution, and, similarly, updating the Town's methods to allow collection and remittance of sales tax to the full extent permitted by law does not require voter approval under TABOR. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-1-2 of the Vail Town Code is amended by the revision to or addition of the following defined terms, which shall appear in alphabetical order: ECONOMIC NEXUS: The connection between the town and a person not having a physical nexus in the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the town, and: A.In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or B.In the current calendar year, 90 days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended. This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. ENGAGED IN BUSINESS IN THE TOWN: Performing or providing services or selling, leasing, renting, delivering or installing tangible personal property for storage, use or Ordinance No. 9, Series of 2020 14 August 4, 2020 - Page 87 of 138 consumption within the Town. Engaged in business in the town includes, but is not limited to, any one of the following activities by a person: A. Directly, indirectly, or by a subsidiary maintains a building, store, office, salesroom, warehouse, or other place of business within the taxing jurisdiction; B. Sends one or more employees, agents or commissioned salespersons into the taxing jurisdiction to solicit business or to install, assemble, repair, service, or assist in the use of its products, or for demonstration or other reasons; C. Maintains one or more employees, agents or commissioned salespersons on duty at a location within the taxing jurisdiction; D. Owns, leases, rents or otherwise exercises control over real or personal property within the taxing jurisdiction; or E.Retailer or vendor in the state of Colorado that makes more than one delivery into the taxing jurisdiction within a twelve (12) month period. F.Makes retail sales sufficient to meet the definitional requirements of economic nexus as set forth herein. MARKETPLACE: A physical or electronic forum, including, but not limited to, a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. MARKETPLACE FACILITATOR: A person who: A.Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller’s tangible personal property, products, or services through the person’s marketplace; B.Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and Ordinance No. 9, Series of 2020 15 August 4, 2020 - Page 88 of 138 C.Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. This definition does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. MARKETPLACE SELLER: A person, regardless of whether or not the person is engaged in business in the town, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. MULTICHANNEL SELLER: A retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. RETAILER OR VENDOR: Any person selling, leasing, renting, or granting a license to use tangible personal property or services at retail. Retailer shall include, but is not limited to, any: A.Auctioneer; B. Salesperson, representative, peddler or canvasser, who makes sales as a direct or indirect agent of or obtains such property or services sold from a dealer, distributor, supervisor or employer; C. Charitable organization or governmental entity which makes sales of tangible personal property to the public, notwithstanding the fact that the merchandise sold may have been acquired by gift or donation or that the proceeds are to be used for charitable or governmental purposes; D. Retailer-contractor, when acting in the capacity of a seller of building supplies, construction materials, and other tangible personal property; E.Marketplace facilitator, marketplace seller, or multichannel seller. Ordinance No. 9, Series of 2020 16 August 4, 2020 - Page 89 of 138 Section 2. Section 4-3-3-1 of the Vail Town Code is amended by the addition of the following new subsection J: 4-3-3-1: PROPERTY AND SERVICES TAXED: * * * J. Marketplace Sales: 1.A marketplace facilitator engaged in business in the town is required to collect and remit sales tax on all taxable sales made by the marketplace facilitator, or facilitated by it for marketplace sellers or multichannel sellers to customers in the town, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. 2.A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a vendor under this chapter. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The town may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. 3.The liabilities, obligations, and rights set forth under this subsection J are in addition to any duties and responsibilities of the marketplace facilitator has under this chapter if it also offers for sale tangible personal property, products, or services through other means. 4.A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator’s marketplace, does not have the liabilities, obligations, or rights of a retailer under this chapter if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a.With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this chapter; or b.From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales Ordinance No. 9, Series of 2020 17 August 4, 2020 - Page 90 of 138 tax on all sales subject to tax under this chapter made in or through the marketplace facilitator’s marketplace. 5. If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer. 6.With respect to any marketplace sale, the town shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The town will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. Section 3. No obligation to collect the sales and use tax required by this Ordinance may be applied retroactively. Responsibilities, duties and liabilities described in Section 2 of a marketplace facilitator, marketplace seller, or multichannel seller begin upon the earlier of when they became licensed to collect the Town's sales tax or when they became legally obligated to collect the Town's sales tax Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance shall become effective on the first day of the month that is at least thirty (30) days after date of its adoption. Ordinance No. 9, Series of 2020 18 August 4, 2020 - Page 91 of 138 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of August, 2020 and a public hearing for second reading of this Ordinance is set for the 18th day of August, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4th day of August, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 9, Series of 2020 19 August 4, 2020 - Page 92 of 138 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: Presentation of impacts from the 1982 Gallagher A mendment to the Colorado Constitution on the town's property tax collections and proposed ballot question to voters in November 2020. P RE S E NT E R(S ): K athleen Halloran, F inance Director and Tammy Nagel, Town Clerk AC T IO N RE Q UE S T E D O F C O UNC I L: Provide feedback to staff on proceeding with a ballot question in November. B AC K G RO UND: P lease see attached memorandum. S TAF F RE C O M M E ND AT IO N: Direct staff to proceed with a ballot question in November and provide input on a general election or a coordinated election with Eagle County. AT TAC H ME N TS: Description Gallgher memo August 4, 2020 - Page 93 of 138 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department and Town Clerk DATE: August 4, 2020 SUBJECT: Proposed Ballot Question: Gallagher Amendment I. SUMMARY The purpose of this memorandum is to gather feedback from Town Council regarding a proposed ballot question to voters this November to “de-Gallagherize” property tax collections in Vail. II. BACKGROUND The Gallagher amendment was approved by Colorado voters and adopted in 1982 in response to homeowner concerns over rising residential property taxes. It requires that residential assessed values comprise no more than 45 percent of the state’s overall assessed value. Non-residential properties, such as commercial and vacant land make up the remaining 55 percent. While the Gallagher Amendment sets the commercial assessment at a fixed rate of 29%, the residential assessment rate must be adjusted by the General Assembly during years of reappraisal to maintain a consistent ratio between total statewide assess values of residential and non-residential property. Most years, Gallagher doesn’t come into play. If commercial values and home values rise at a similar pace, there’s no need for an adjustment. But when there’s a state-wide housing market boom — as there has been over the past several years — coupled with a business downturn, homeowners can wind up contributing more than their 45 percent share. That throws the ratio out of whack, triggering a mandatory tax cut for homeowners under the state constitution. From 2003 to 2017, the assessment rate for residential properties remained unchanged, at 7.96 percent of market value, along with the fixed rate of 29 percent for commercial properties. For tax collections in 2018, the residential assessment rate (RAR) dropped to 7.2 percent and in 2020 it dropped to 7.15 percent. The latest re-assessment period ends this June 30th, with stable home values counterpoint to significantly decreased commercial values hard-hit with the economic impacts of COVID-19. August 4, 2020 - Page 94 of 138 - 2 - The current estimate for residential rates is an 18% decrease, to an assessment rate of 5.88 percent. This will represent the third reduction in property tax collections since 2017. While the Town of Vail’s mill levy is typically 10% of a taxpayer’s tax bill, property tax collections make up 8% of the town’s General Fund revenues ($5.9M budgeted for 2020). The taxes pay for town department operations such as Fire, Police, Transit, Public Works, Community Development, Vail Town Library and Administration. Below are the more recent revenue impacts from the Gallagher Amendment (*2021 is an estimate): Budget Year Residential Assessment Rate (Was: 7.96%) Percentage change YOY Revenue impact from reduced residential rate Total Property Taxes Collected by TOV 2018 Actual 7.2% -10% $-408,488 $5,313,730 2019 Actual 7.2% n/a $-408,488 $5,369,376 2020 Budget 7.15% -0.7% $-489,823 $5,900,000 2021 Budget 5.88% -18% $-1,383,598 $5,200,000 The above revenue impacts are substantial to the town’s operations. Rising property values have typically helped the town offset the impacts from the Gallagher Amendment, however this will not continue given recent economic crisis caused by COVID-19 and cannot be counted on in the future. Statewide estimates show commercial properties decreasing 20% and residential properties increasing 10% for this most recent valuation period ending June 30th. If residential values ultimately decrease due to the economic downturn, property tax collections for the town will decrease further. TABOR (Taxpayer Bill of Rights) prevents the town from increasing its mill levy to make up for those losses without voter approval. State lawmakers in the General Assembly have voted to refer a ballot question to Colorado voters in November 2020 asking to repeal the Gallagher Amendment. If the repeal passes, the state will be able to set assessment rates for both residential and commercial properties at any level they deem fit in the future. However, given the economic hardships homeowners are enduring and based on current polling, the statewide ballot proposal may not pass. III. DISCUSSION Staff is requesting Council consider a ballot question this November that would diminish the impact of the Gallagher Amendment by allowing the town to increase or decrease its mill levy in order to effectively achieve a permanent residential assessment rate of 7.15%, the rate currently imposed on residential properties in the town and throughout the state. Proposed Ballot Question The town could wait for the result of the statewide ballot question and risk revenue loss or follow the lead of other special districts such as the Vail Recreation District, Colorado Mountain College and Eagle River Fire District and ask town residents to essentially freeze the residential assessment rate (RAR) at its current level of 7.15%. The following is a draft ballot question for your consideration: August 4, 2020 - Page 95 of 138 - 3 - SHALL THE TOWN OF VAIL BE AUTHORIZED TO INCREASE OR DECREASE ITS CURRENT AND ALL FUTURE MILL LEVIES ONLY IF, ON OR AFTER NOVEMBER 3, 2020, THERE ARE CHANGES IN THE METHOD OF CALCULATING ASSESSED VALUATION, INCLUDING WITHOUT LIMITATION A CHANGE IN THE PERCENTAGE OF ACTUAL VALUATION USED TO DETERMINE RESIDENTIAL ASSESSED VALUATION DUE TO ARTICLE X SECTION 3 OF THE COLORADO CONSTITUTION (OTHERWISE KNOWN AS THE GALLAGHER AMENDMENT), SO THAT, TO THE EXTENT POSSIBLE, THE ACTUAL TAX REVENUES GENERATED BY SUCH MILL LEVY ARE THE SAME AS THE ACTUAL TAX REVENUES THAT WOULD HAVE BEEN GENERATED HAD SUCH CHANGES IN THE METHOD OF CALCULATING ASSESSED VALUATION NOT OCCURRED; AND SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE TOWN AS A VOTER APPROVED REVENUE CHANGE IN 2020 AND IN EACH YEAR THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUERAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR SECTION 29-1-301, COLORADO REVISED STATUTES, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE TOWN? This year’s General Election date is Tuesday, November 3rd. If the Town of Vail would like to coordinate this question with Eagle County, staff would need to let the County Clerk know no later than August 5 and approved ballot language would need to be submitted no later than August 25, 2020. IV. ACTION REQUESTED FROM COUNCIL Does Council support moving forward with a ballot question this November? If yes, does Council support a coordinated election with Eagle County for this question? Should Council support both of the above questions, staff will return at the August 18th meeting with an Intergovernmental Agreement with Eagle County for the coordinated election as well as a resolution approving the ballot language. August 4, 2020 - Page 96 of 138 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: Economic Recovery Efforts in Response to P ublic Health Crisis P RE S E NT E R(S ): S cott Robson, Town Manager AC T IO N RE Q UE S T E D O F C O UNC I L: I nformation Only. B AC K G RO UND: Town staff will present updates about many of the economic recovery programs that are ongoing, such topics include: Commercial Rent Relief Final P roposal, special events and music activation updates as well as recent revenue collections. AT TAC H ME N TS: Description Memo Economic Recovery Efforts 080420 Highline Contribution Letter Memo Commercial Rental Relief Program 080420 August 4, 2020 - Page 97 of 138 To: Mayor and Town Council From: Town Manager’s Office Date: August 4, 2020 Subject: Vail Economic Recovery Efforts in response to the Public Health Crisis I. PURPOSE The purpose of the memo and presentation is to provide updates to a number of the Vail Economic Recovery Efforts in response to the Public Health Crisis by sharing information on key areas of planning, as follows:  Eagle County Public Health Orders Update  Special Events Update  Event Reimbursement Updates  Music Entertainment Activation in Villages Update  Lower Bench of Ford Park Programming Update  Commercial Rental Relief Fund Proposal Update  Future Economic Recovery Efforts Suggestions  Financial and Budget Plan Process  Sales Tax Deferred Payment Program Update II. BACKGROUND Town staff has presented monthly updates to town council about ongoing planning efforts in key areas in response to the updated public health orders from Eagle County. This memo addresses several economic recovery tactics that were supported by the Vail Economic Advisory Council, the Town Manager and Economic Development Offices. These programs have been initiated to help reboot Vail’s business economy as well as support the community during these challenging times. The programming and tactics below are recommended in the context of the Town’s Manager’s Emergency Order and current Eagle County Public Health Orders. III. ECONOMIC RECOVERY TACTICS UPDATE Eagle County Public Health Orders Update Eagle County Public Health officials continue to monitor the number of positive cases of COVID- 19 in Eagle County. A recent update notes that COVID transmission in Eagle County has picked up in the past few weeks but has appeared to have plateaued in recent days. The Eagle County Public Health officials have submitted its mitigation plan to the State of Colorado Public Health Office as well as an amended Public Health Order dated July 17. The purpose of the plan is to August 4, 2020 - Page 98 of 138 Town of Vail Page 2 limit the impacts of concerning disease trends and retain the variance from the State Orders. The Town continues to review and adjust both operational and economic recovery tactics to comply with these orders. For more information and updates about the COVID-19 health crisis, access Eagle County’s website, www.ecemergency.org. Special Events Update Over the last two weeks, the challenge of hosting events during a pandemic has become apparent. The Vail Farmers Market on 7/26 was held as a virtual market only with preordered farm boxes available for pickup in the village. This was announced a few days prior to the event based on the recent rise in case positivity rate in the county. The farmers market is planning on returning to a full market this weekend, based on an algorithm of the available data from Public Health. Each week will be evaluated and changes may be made going forward. Anecdotally, business on Meadow Drive drops dramatically in the absence of the in person market, highlighting the importance of this event on our in-town businesses. Other events currently taking place in town are the Vail Family Fun Fest in Lionshead, Movie Nights and Hot Summer Nights at the Amp, GoPro Mountain Games Elements (Yoga, Trail Running, Mountain Biking and Fishing), Vail Jazz in the Park, and Bravo! Vail. Economic Development staff is working with some new event producers to bring additional programming to the Town in August and September. More details will be announced as soon as we have approved permits for these events. Event Reimbursement Update With the cancellation of several events due to public health orders resulting from impacts of COVID-19, an internal committee worked extensively with event promoters to identify and validate unrecoverable costs already expended. The committee consisted of several staff members, Town Manager and two Council representatives. Final recommendation of this committee, in agreement with event promoters, includes a $74,956 reimbursement to Highline Sports & Entertainment for the Spring Back to Vail event (originally funded at $550K), a $49,170 reimbursement from CSE for the Taste of Vail event (originally funded at $55K) and a $79,790 reimbursement from CSE for the Powabunga event (originally funded at the same). Attached is a contribution letter for Highline outlining payments for services rendered. Staff is prepared to submit the letter and payment to Highline at this time; this funding was budgeted as a town council contribution. Separately, the event to be produced by Powabunga will now be delayed until 2021. Expenses incurred to date will be authorized by an amended funding agreement to be reviewed and approved by CSE. The Taste of Vail event reimbursement amount is below the threshold requiring Council approval. All three of these reimbursements are currently included in the town’s budget. Music Entertainment in Villages and Lower Bench Proposal Town staff has met to review measures that might assist select Vail businesses with options to ensure their economic viability during the public health crisis. The prevailing business model includes those with a primary function of “live music entertainment” in Vail. This business type has been dramatically impacted under the public health orders. Some discussion has occurred when High Altitude Entertainment (owner Scott Rednor) provided a proposal for staging music entertainment throughout both villages. Several areas have been identified whereby musicians would be stationed to play ambient and acoustic music for guests walking about the villages. August 4, 2020 - Page 99 of 138 Town of Vail Page 3 Several of these music entertainment activations have already occurred with productions by High Altitude Entertainment, who performed outside their Shakedown business premise. The town has received overwhelming support for continuing such entertainment activation as it helps benefit the surrounding businesses and enhances the Vail guest experience. High Altitude Entertainment owner Scott Rednor also provided a proposal to produce concerts at the lower bench Ford Park with the issuance of a special event permit. The event promoter continues to work with town staff to plan the logistics in the production of a number of “live music” events at the lower bench over the next couple of months. In addition, final details with High Altitude Entertainment are being arranged to ensure that health order compliance is met related to logistics. The music entertainment program funding is included in the second reading of the budget supplemental ordinance for approval during the evening meeting. Please access the town’s website for the current calendar of events that depicts the music entertainment at the lower bench and the Amp: www.DiscoverVail.com/events. Commercial Rent Relief Program Update See separate memo. Future Economic Recovery Efforts Suggestions Below are some additional strategic economic recovery ideas presented by VEAC members that would help continue support to the business community in light of the continued public health crisis. Town staff are reviewing the proposals and would return at a later date with recommendations.  Business Lending Program  Proposal for financial assistance to help restaurant community with winter operations (tenting)  Town of Vail Gift Card Program to boost shoulder season  Town of Vail Communications Effort to Encourage Use of Face Coverings Financial Update The town continues to develop a long-term strategy to help ensure Vail’s economy and financial plan is sustainable during the public health crisis and upcoming winter season. These efforts include participation from Vail’s numerous Boards and Commissions, Vail Economic Advisory Council, Vail Local Marketing District, Commission on Special Events, the Economic Recovery Team and regional partners such as Eagle County Public Health and regional task forces, Vail Resorts, Vail Valley Partnership and the Vail Chamber & Business Association. The budget retreat set for September 1 with Town Council, will be the kickoff for the 2021 budget process and an opportunity to present views about the current economic state. Preliminary revenue projections will be shared, with three distinct projections following the town’s recession plan tiers (Significant, Major and Crisis). The budget process will continue into the fall months with a number of presentations to the Town Council. With sales tax collections reported for June, the summer months have fared better than expected so far. May was down 35% and June was down 36% from prior year, when budget expectations had decreases of 45% and 65%, respectively. Current year to date collections of $12.5 million represent nearly 75% of the adjusted annual budget of $16.8M. RETT collections are down 3.5% from prior year compared to a budgeted decrease of 12.8%. While construction activity continues at a steady pace, permit and plan check revenues are down 27% from this time last year compared to a budgeted decrease of 20%. Across all of the town’s funds, total revenues of $31.3M are down 20.8% from prior year and up 2.1% from the amended budget. August 4, 2020 - Page 100 of 138 Town of Vail Page 4 The town’s “Crisis” level recession plan has projected a 21% decrease across all revenue streams for the full year 2020. Sales Tax Deferred Payment Program Update Owing to the economic impacts of COVID-19, Vail Town Council elected to allow deferred payment of sales taxes from the months February through June. To date, 234 businesses have outstanding sales tax payments, with a current balance totaling approximately $1.7 million dollars. As a reminder to these businesses, all payments are due along with July sales tax on August 20th. No further deferment of payments has been granted. Attachments:  Memo for event funding contributions for Spring Back to Vail and Powabunga  Memo on Commercial Rent Relief Program August 4, 2020 - Page 101 of 138 August 5, 2020 Highline Sports & Entertainment James Deighan, Managing Partner 12 Vail Rd., Suite 500 Vail, CO 81657 Re: Amended Contribution for 2020 Dear James, This letter is to notify you that you have been approved for an amended contribution in the amount of $74,956 for the Spring Back to Vail event cancelled due to public health orders resulting from impacts of COVID-19. As this event was cancelled less than 30 days prior to the event date, Council recognizes that certain costs were already expended and not recoverable. The dollar amount of contribution is calculated based on a formula of 100% direct marketing hard costs and 50% of labor expended on preparations for the event. With Vail Town Council supporting the event as a primary sponsor, original funding allocation for the Spring Back to Vail event was $550,000. Thank you for your partnership with the Town of Vail’s event production efforts. We appreciate your working with us during these challenging times in the public health crisis. If you have any questions, please call 479-2116 or email me at khalloran@vailgov.com. TOWN OF VAIL Kathleen Halloran, CPA Financial Director August 4, 2020 - Page 102 of 138 To: Mayor and Town Council From: Economic Development Department Date: August 4, 2020 Subject: Vail Economic Recovery Efforts in response to the Public Health Crisis: Commercial Rent Relief Program PURPOSE The purpose of this memo is to summarize the recommended program to support Vail’s economic recovery with a commercial rent relief program for local storefront businesses. BACKGROUND The Vail business community has requested the Town develop a rent relief program for commercial business owners. The program would be funded and facilitated by the Town. While the Payroll Protection Program, CARES and other relief programs have provided short term relief, businesses are still struggling to ensure their continued viability throughout 2020 and beyond. Rents in Vail are high: commercial rents in Vail range from an average of $70 per square foot in Lionhead, $90 per square foot on Meadow Drive, to $110 per square foot in the core area which includes Bridge Street and Gore Creek Drive, plus Common Area Maintenance (CAM) costs. Town staff has been working with a committee formed from members of the Vail Economic Advisory Council to develop a plan. The group has reviewed similar programs in Breckenridge and Aspen, and has taken the best elements of those program to create a unique model to support commercial rent for small businesses in Vail. COMMERCIAL RENT RELIEF PROGRAM The model strives to achieve four key objectives to support and sustain local businesses: 1. Share the rent burden among landlord, town and tenant. 2. Provide a timeframe that addresses business challenges to meet rent requirements from August 1 through November 30, 2020. 3. Tie the rent abatement amount to the percentage of actual revenue shortfall versus same month last year in order to align relief with actual reduction in revenue performance. August 4, 2020 - Page 103 of 138 Town of Vail Page 2 4. Identify and approve the maximum relief funding per business and corresponding total funding from the Town of Vail for the program. REQUIREMENTS OF ELIGIBLE BUSINESSES • Business was open in Vail on March 1, 2020 and was in business for the 2019-20 winter season. Startup businesses in more recent months will be considered on a case-by-case-basis. • Business is open and will be open at least six days a week between August 1 and November 30, 2020, with the exception of the month of October where business will be open at least five days per week, barring any public health orders that would preclude this. Businesses should typically be open at least 44 weeks per calendar year. • Business employs 50 or fewer full time equivalent (FTE) employees. • Business has a physical storefront location in the Town of Vail, holds a valid Vail business license, pays rent to a landlord and is current on all payment owed to the Town. o Deferred sales tax payments are due to the town by August 20th. Businesses with outstanding deferred sales tax beyond that date will be ineligible for rental relief until payment is made. • Business must have a rent payment due to a landlord for the time period of August 1, 2020 - November 30, 2020. The business may not have any ownership interest in the property being leased. • Business must pay monthly sales tax. Businesses that are service oriented and traditionally office in nature, such as accounting, law firms, property management, real estate, etc. do not qualify. • Businesses with outlets outside Colorado are not eligible to apply, except for those businesses with a primary owner whose primary residence is in Eagle County. • Landlord must participate in the program for business to be eligible. Town agrees to match the landlord abatement by month up to the maximum of $15,000 per business within the confines of this program. • Required documentation includes: o Current lease and Common Area Maintenance (CAM) charges to verify monthly rent burden. This includes any rent abatement effective for rent due for the period August1 – November 30, 2020. o Colorado Secretary of State confirmation of certificate of good standing. o Landlord affidavit confirming the amount of the rent + CAM that was abated by month; the Town will match this amount and pay the landlord directly up to the per business maximum of $15,000. APPLICATION PROCESS 1. Business will apply via an online application for relief one month at a time in arrears. 2. Business will provide data to and obtain a signature from landlord verifying the reduction in revenue versus same month last year. August 4, 2020 - Page 104 of 138 Town of Vail Page 3 3. Landlord will abate rent plus CAM for each month by 50% of the % of shortfall in revenue, and Town will abate and pay to landlord an amount equal to the landlord abatement by month. Example: Business normally does $100,000 in revenue and pays $10,000 a month in rent. Business revenue is $60,000 or 60% of last year’s revenue for a month within the confines of the program. The revenue reflects a shortfall of 40%. Landlord provides an abatement equal to 20% or $2,000 of the monthly lease and Town matches the $2,000 payment for given month and pays the landlord directly. 4. Application is due five business days after month end for the month prior. 5. Town will make every effort to pay landlord match within ten days of the receipt of the application and rent reduction documentation from landlord. 6. Maximum relief per business during the period August 1 – November 30 is $15,000. 7. If the revenue gap is larger than the monthly rent plus CAM per lease, relief funds will max out at the monthly rent + CAM for that month. 8. TOV Finance will “audit” several randomly selected applications to verify revenue and rent + CAM information. ACTION REQUESTED OF TOWN COUNCIL Staff requests that Town Council approves the Commercial Rent Relief Program as described here with funding up to $1,000,000 as included in the first supplemental budget presented to town council on July 21. Final approval of Ordinance No. 8, Series of 2020 will allow for the immediate implementation of this economic relief program for Vail businesses who quality August 4, 2020 - Page 105 of 138 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: I nterview for Design and Review B oard (D R B) P RE S E NT E R(S ): Tammy Nagel, Town Clerk AC T IO N RE Q UE S T E D O F C O UNC I L: I nterview a candidate who is interested in serving on D R B . B AC K G RO UND: One vacancy exists on the Town of Vail Design Review Board (D R B ) and interviews will be conducted during the afternoon meeting. T he partial term of new appointment begins August 5, 2020 and expires on March 31, 2022. Duties of the five-member D R B include reviewing the design of new structures, remodels, sign requests, landscaping plans and other architectural and aesthetic matters. AT TAC H ME N TS: Description D R B Letters of Interest D R B possible questions for applicants August 4, 2020 - Page 106 of 138 1 Tammy Nagel From:Courtney St John <courtney@courtneystjohnstudio.com> Sent:Friday, July 24, 2020 2:50 PM To:Tammy Nagel Subject:DRB BOD Opening Letter of Interest and Experience Attachments:Town of Vail DRB.pdf Good Afternoon Tammy ‐     And Happy Friday!    Please find attached my Letter of Interest and Experience for the (mid term) opening on the Design Review Board for the  Town of Vail.    I look forward to hearing from you soon!  Please feel free to reach out with any questions, concerns, comments, etc.    Have a wonderful weekend!    Thank you!     Courtney St John 970.471.1937  courtney@courtneystjohnstudio.com      August 4, 2020 - Page 107 of 138 Town of Vail Design Review Board DRB 75 South Frontage Road Vail, CO 81657 July 23, 2020 Dear Vail Town Council and to whom it may concern, I am writing in regard to the Town of Vail’s Design Review Board Opening. I would like to be considered for a position for the Board of Directors for the Town of Vail’s Design Review Board. I have been an “official” resident of the Town of Vail since 2006, however I have lived between Summit County and Eagle County since 1988. Making the transition / move from Summit to Eagle County in 1999, when I started working for Slifer Designs. I am a self employed Interior Designer with Courtney St. John Studio, previously I was a principal with Casey St. John Interiors for the past 6 years. I am a wife and mother to 2 young daughters, ages 9 and 11. From 2004 – 2008, I was employed by RA Nelson a large General Contractor in the Vail Valley, Roaring Fork Valley and Denver (as well as CA, during my time at RANA). I held the Buyer Change Coordinator position, overseeing $1-2 Million Dollars in change orders on large multi-family, multi-use projects while being a liaison between the Architectural Team, the homeowners, and the sub contractors, assuring all finish selections and change orders were incorporated into the final project / product within the original construction schedule and within budget. As a full time resident of the Town of Vail and an Interior Designer with a Construction and Fine Art background I am very interested in maintaining the Town Of Vail’s Design Guidelines and Architectural Development Standards. I am very familiar with building materials, details, placement of structures, exteriors and interiors, etc. I feel my career as an Interior Designer as well my work at RA Nelson could bring a well rounded skill set to the Design Review Board. In addition, I was recently sworn in to the Board of Directors for the Town of Vail’s Art in Public Places and would welcome the opportunity to serve in this capacity as well. By being a Design Review Board Member, I hope to continue the Town of Vail’s missions and standards for buildings to adhere to these measures. I am so grateful to have this opportunity to introduce myself and be considered for an opening for the Board of Directors Design Review Board within the Town of Vail! Sincerely, Courtney St. John August 4, 2020 - Page 108 of 138 1 Tammy Nagel From:Joe StJohn <Jstjohn@vailresorts.com> Sent:Tuesday, July 28, 2020 10:35 AM To:Tammy Nagel Subject:FW: DRB Board Good morning Tammy    I sent the below email in to the generic commdev email address yesterday but wanted to touch base with you as  well.  Fully understand if missed the window…    Best,    Joe St. John    Sr. Project Manager  Vail Resorts  jstjohn@vailresorts.com  C. 970.471.1833    From: Joe StJohn   Sent: Monday, July 27, 2020 3:42 PM  To: commdev@vailgov.com  Subject: DRB Board     Good afternoon    I know that I missed the timeline to submit to be considered for a position with the Vail DRB but was waiting for an all  clear from Vail Resorts to ensure I was not creating a conflict of interest given my current position with Vail Resorts as a  Senior Project Manager on the construction and development team (VRDC).    I did receive the all the clear and if possible would like to be considered.      I graduated from Colorado State University with a degree in Construction Management in 2004 and worked with RA  Nelson in their pre‐construction department soon after.  I eventually made my way out into the field and was an  assistant Project Manager before pursuing other business endeavors.  Originally from Memphis, TN I moved with my  family to Summit County in 1996, graduating from Summit High in 1999.  I have lived mostly in the Vail Valley and been a  part of the building community since 2004.  My wife and I took a brief pit stop thru Atlanta along the way and made the  wonderful decision to move back to the Vail Valley about 8 years ago.  We currently live in East Vail and are quite proud  to call this little valley home.    If still open, please let me know if a formal letter should be submitted and if I did miss the window to apply… will  certainly look for an opportunity in the next selection cycle.    Best,    Joe St. John    Sr. Project Manager  August 4, 2020 - Page 109 of 138 2 Vail Resorts  jstjohn@vailresorts.com  C. 970.471.1833    The information contained in this message is confidential and intended only for the use of the individual or entity named  above, and may be privileged. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the  intended recipient, please reply to the sender immediately, stating that you have received the message in error, then  please delete this e‐mail. Thank you.   August 4, 2020 - Page 110 of 138 1 Tammy Nagel From:Kelby McManus <kelby.mcmanus@me.com> Sent:Thursday, July 23, 2020 9:36 AM To:Tammy Nagel Subject:Design Review Board Position Good Morning Tammy!    I recently received an email from Shelley Bellm about the open position on the Design Review Board.  I am definitely interested. I’m a year-round resident who loves Vail and the Eagle County area. We live in such a beautiful part of the country and I’d like to be involved in ensuring that it remains that way. I’ve been told that I tend to view things from many perspectives. That would be useful in helping to strike a balance between keeping Vail a small town and the development that naturally occurs in an internationally known resort. I’m a Jeweler by training and have my own Jewlery design company, and I am also a photographer, so I’m artistically oriented. I additionally have had jobs in event planning - planning business meetings, multi-million dollar sailing regattas, weddings, and holiday parties. Looking forward to hearing back from you about the position.    All the best,  Kelby  ________________________  ~~_/)~~    Kelby McManus  iCloud  Cell: (617) 240‐8382    August 4, 2020 - Page 111 of 138 1 Tammy Nagel From:Yung Ming <ycming2@yahoo.com> Sent:Sunday, July 5, 2020 10:03 PM To:Tammy Nagel Subject:Re: opening on the Design Review Board Hello Tammy: Hope you have had a nice holiday weekend. Based on your email, there doesn't seem to be any official form or format ? I wrote a little about myself below, will that be okay ? If not, please kindly let me know. ===== My name is Yung C. Ming, I have been living in Vail since my retirement at the end of 2018. I am applying for the opening on the Design Review Board. I have a bachelor's degree in Mechanical Engineering, worked in a steel mill (in Taiwan) for five years, was involved in the design and construction of a new machine shop, had some experience with building construction. I also have a master's degree in Computer Science, worked as a software engineer for thirty five years. Other than my engineering work, I am very interested in art and appreciate the beauty in various things. I have been a semi-professional photographer for over forty years, I also like to do balloon art and have been doing that for over thirty years. If there are no other more qualified people, I will like to contribute my time to help the community I live. If you have any further questions, please do not hesitate to contact me. My contact information is: Mr. Yung C. Ming 1100 N. Frontage Rd. W. #1412 Vail, CO 81657-2400 Mobile Phone: 732-213-0641 E-mail: ycming2@yahoo.com ===== Thanks and looking forward to hearing from you soon. Ming... ===== On Tuesday, June 30, 2020, 11:18:39 AM MDT, Tammy Nagel <tnagel@vailgov.com> wrote: My apology. Please send me an email stating your interest in applying for the board position with a little resume and why your interest in the position. I will reach out to you closer to the interview date with the time of your interview with the council on August 4. Tammy Nagel Town Clerk August 4, 2020 - Page 112 of 138 2 Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com From: Yung Ming <ycming2@yahoo.com> Sent: Monday, June 29, 2020 12:34 PM To: Tammy Nagel <TNagel@vailgov.com> Subject: Re: opening on the Design Review Board Hello Tammy: Thanks for the quick response. I have seen the notice in the town news, and have spoken to Jonathan. I am asking if there are any format of the application/resume that I should follow to submit my interest. The notice says to contact you :) Ming... ===== On Monday, June 29, 2020, 12:22:54 PM MDT, Tammy Nagel <tnagel@vailgov.com> wrote: Good afternoon Ming, Thank you for your email regarding the DBR opening. Please see attached DRB opening notice. I would suggest contacting Jonathan Spence 970-479-2321 for more information. Tammy Nagel Town Clerk Town Clerk’s Office August 4, 2020 - Page 113 of 138 3 970.479.2136 970.479.2157 fax vailgov.com From: Yung Ming <ycming2@yahoo.com> Sent: Monday, June 29, 2020 12:13 PM To: Tammy Nagel <TNagel@vailgov.com> Subject: Re: opening on the Design Review Board Hello Tammy: My name is Yung C. Ming (I go by Ming). I have retired from my engineering job in New Jersey at the end of 2018 and have lived in Vail (Simba Run) since. I am a registered voter in Vail. I see in the news that the town is looking to fill a vacancy on the Design Review Board for the remaining term until March 2022, which is a volunteer position. I have been a semi-professional photographer for 40 years, and generally artistic. If possible, I would like to contribute my time for the benefit of the community. Will you please kindly let me know more details about how to apply for this position ? Looking forward to hearing from you and probably seeing you sometime. Ming... Cell Phone: 732-213-0641 August 4, 2020 - Page 114 of 138 Potential Questions for DRB and PEC candidates 1) Do you understand the role and time commitment to be on the PEC/DRB? 2) What skills do you possess that you think would be a benefit to your role if appointed? 3) What do you think the role of a PEC/DRB member is or should be? 4) Why have you submitted an application to be appointed/reappointed to the PEC/DRB? 5) What impact do you believe you could have on the PEC/DRB if appointed? 6) What do you think the PEC/DRB is doing correctly? 7) What do you believe the PEC/DRB could improve upon? 8) What has been your most rewarding aspect of having served on the PEC/DRB? 9) What do you see as the future of the Town of Vail? 10) What impact are you hoping to have on the future of the Town of Vail? August 4, 2020 - Page 115 of 138 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: D R B / P E C Update P RE S E NT E R(S ): J onathan S pence, Planning Manager AT TAC H ME N TS: Description July 15, 2020 D R B Meeting Results July 27, 2020 P E C Meeting Results August 4, 2020 - Page 116 of 138 D E S IG N R E V IE W B O AR D July 15, 2020, 3:00 PM Town Council Chambers & Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: J ohn Rediker, Kit Austin, Doug Cahill, Peter Cope (joined late) Absent: None 1.2.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_rX H4O5c J QOuND NqSq9y DzQ After registering, you will receive a confirmation email containing information about joining the webinar. 2.Main Agenda 2.1.D R B20-0137 - Spilled W ine Too LL C Final review of an exterior alteration (hot tub/pool/patio) Address/Legal Description: 182 W est Meadow Drive/Lot 5E, Vail Village Filing 2 Applicant: Spilled W ine Too L L C, represented by Mark Odom Studio Planner: Greg Roy J ohn Rediker moved to approve. Kit Austin seconded the motion and it passed (3-0). Absent:(1)Cope 2.2.D R B20-0129 - Chase Bank Final review of exterior alteration (ATM & Enclosure) Address/Legal Description: 1 W illow Bridge Road/Lot 2, Sonnenalp Subdivision Applicant: Chase Bank, represented by A P MI I nc. Planner: Greg Roy 1. Staff shall confirm prior to building permit submittal that the wood proposed on the enclosure matches the wood on the neighboring building as described by the applicant. J ohn Rediker moved to approve with conditions. Kit Austin seconded the motion and it passed (3-0). Absent:(1)Cope August 4, 2020 - Page 117 of 138 2.3.D R B20-0233 - Olch Residence Final review of an exterior alteration (windows) Address/Legal Description: 548 South Frontage Road West Unit 401/First Westwind Applicant: Lee & Marsha Olch Planner: Greg Roy J ohn Rediker moved to approve. Kit Austin seconded the motion and it passed (3-0). Absent:(1)Cope 2.4.D R B20-0273 - Johnson Residence Conceptual review of an addition Address/Legal Description: 375 Mill Creek Circle/Lot 17, Block 1, Vail Village Filing 1 Applicant: Elizabeth Ross J ohnson Revocable Trust, represented by K H Webb Architects Planner: Greg Roy 3.Staff Approvals 3.1.B20-0222 - Ritzke Residence Final review of an exterior alteration (windows) Address/Legal Description: 4074 Bighorn Road Unit A/Lot 3, Bighorn Subdivision Applicant: Gregory Ritzke Planner: J onathan Spence 3.2.B20-0241 - Ritzke/Shiao Residences Final review of an exterior alteration (reroof) Address/Legal Description: 4074 Bighorn road/Lot 3, Bighorn Subdivision Applicant: Gregory Ritzke & Cary Shiao, represented by Umbrella Roofing I nc. Planner: J onathan Spence 3.3.B20-0243 - Fratarcangeli Residence Final review of an exterior alteration (reroof) Address/Legal Description: 884 Spruce Court/Lot 10, Vail Village Filing 9 Applicant: Gina Fratarcangeli etal, represented by Columbine Roofing LLC Planner: Glen Morgan 3.4.D R B19-0492.002 - Corboy Residence Final review of a change to approved plans (deck) Address/Legal Description: 1460 Greenhill Court Unit A/Lot 20, Glen Lyon Subdivision Applicant: Philip H. Corboy, represented by RA Nelson L L C Planner: Erik Gates 3.5.D R B20-0216 - High Home LL C August 4, 2020 - Page 118 of 138 Final review of an exterior alteration (windows/deck) Address/Legal Description: 1773 Lion's Ridge Loop/Lot 1, Lion's Ridge Subdivision Filing 2 Applicant: High Home LLC, represented by Saltbox Custom Homes L L C Planner: Greg Roy 3.6.D R B20-0242 - J's Properties & Investments L LC Final review of an exterior alteration (A C unit) Address/Legal Description: 5157 Gore Circle/Lot 13, Block 3, Bighorn Subdivision 5th Addition Applicant: J 's Properties & I nvestments L L C, represented by MTech Mechanical Planner: Erik Gates 3.7.D R B20-0243 - Abbate Residence Final review of an exterior alteration (patio/windows) Address/Legal Description: 4770 Bighorn Road Unit E4/Racquet Club Townhomes Applicant: Lauren Abbate, represented by A C D F Corporation Planner: Greg Roy 3.8.D R B20-0247 - Simba Run Final review of an exterior alteration (tennis courts) Address/Legal Description: 1000 North Frontage Road West/Simba Run Subdivision Applicant: Simba Run Resort Planner: Greg Roy 3.9.D R B20-0249 - Victor Residence Final review of an exterior alteration (chimney/deck/hot tub) Address/Legal Description: 1833 Lion's Ridge Loop/Lot 4, Block 3, Lion's Ridge Subdivision Filing 3 Applicant: George Ann Victor Trust, represented by TA B Associates 3.10.D R B20-0253 - Bridge Street Land LL C Final review of an exterior alteration (A C unit) Address/Legal Description: 291 Bridge Street Unit R1/Lot F-K, Block 5C, Vail Village Filing 1 Applicant: Bridge Street Land LLC, represented by Nedbo Construction Planner: J onathan Spence 3.11.D R B20-0256 - Hollingsworth Residence Final review of an exterior alteration (windows) Address/Legal Description: 4030 Fall Line Drive Unit D/Lot 2, Pitkin Creek Meadows Subdivision Applicant: Tess Hollingsworth, represented by Renewal by Andersen Planner: Erik Gates August 4, 2020 - Page 119 of 138 3.12.D R B20-0259 - Nelson Residence Final review of an exterior alteration (windows/doors/exterior) Address/Legal Description: 4510 Columbine Drive/Lot 17, Bighorn Subdivision Applicant: W. Peterson Nelson, represented by W ayne Haskins Construction Planner: Erik Gates 3.13.D R B20-0265 - Axelrod Residence Final review of an exterior alteration (driveway) Address/Legal Description: 1977 Circle Drive / Lot 25, Buffehr Creek Resubdivision Applicant: Art Axelrod Planner: J onathan Spence 3.14.D R B19-0239.001 - Out of Bounds L LC Final review of a change to approved plans (time extension) Address/Legal Description: 1139 Sandstone Drive Unit 4/Lot A1 & A2, Block A, Lion's Ridge Subdivision Filing 1 Applicant: Out of Bounds LLC, represented by K H Webb Architects Planner: J onathan Spence 3.15.D R B20-0267 - Hsu Residence Final review of a tree removal Address/Legal Description: 1761 Alpine Drive Unit 2/Lot 32, Vail Village West Filing 1 Applicant: J ohn S. Hsu Revocable Trust, represented by Vail Valley Tree Service Planner: J onathan Spence 3.16.D R B19-0514.001 - Galvin Residence Final review of a change to approved plans (windows) Address/Legal Description: 303 Gore Creek Drive Unit 11/Lot 11, Block 5, Vail Village Filing 1 Applicant: Michael P. Galvin 2014 Family Trust, represented by K H Webb Architects Planner: J onathan Spence 3.17.D R B20-0269 - Galvin Residence Final review of a change to approved plans (deck) Address/Legal Description: 303 Gore Creek Drive Unit 9/Lot 9, Block 5, Vail Village Filing 1 Applicant: Christopher B. Galvin Revocable Trust, represented by S RI Architects Planner: J onathan Spence 3.18.D R B20-0274 - Greenwald Residence Final review of an exterior alteration (boiler vent) Address/Legal Description: 1803 Shasta Place Unit B/Lot 16, Vail Village West Filing 2 August 4, 2020 - Page 120 of 138 Applicant: J ulia Robbins & Daniel Greenwald, represented by Out W est Mechanical Planner: J onathan Spence 3.19.D R B20-0279 - Sun Up Trust Residence Final review of a change to approved plans (deck) Address/Legal Description: 303 Gore Creek Drive Unit 10/Lot 10, Block 5, Vail Village Filing 1 Applicant: Sun Up Trust, represented by S RI Architects Planner: J onathan Spence The applic ations and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town C ounc il Chambers. Times and order of items are approximate, subject to c hange, and cannot be relied upon to determine at what time the Design Review Board will c onsider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. August 4, 2020 - Page 121 of 138 P L ANNING AND E NV IRO NM E NTAL C O M M I S S IO N J uly 27, 2020, 1:00 P M Virtual 75 S . F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_y F_16X_W S3qCtHL N9Rr_Uw After registering, you will rec eive a confirmation email c ontaining information about joining the webinar. 1.2.Attendance Present: Ludwig Kurz, K aren Perez, Rollie Kjesbo, B rian Gillette, Henry Pratt, Pete Seibert, J ohn-Ry an Lockman Absent: None 2.Main A genda 2.1.A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town C ode, to allow for a subdivision to rec onfigure the property line between two (2) parcels located at 2698 C ortina Lane / Lot 11 Bloc k B, Vail Ridge, and at 2702 C ortina Lane / Lot 12 B lock B, Vail Ridge, and setting forth details in regard thereto. (P E C20-0013) 10 min. Applicant:Benno S cheidegger, represented by Gore Range Survey ing L L C Planner:J onathan S penc e Planner Spence introduc ed the project and explained how the adjustment to the lot line created a more workable solution for the two properties and removed an existing setbac k nonconformity reaming from development within Eagle County. The two lots retain their existing lot sizes as the swap is equal. No questions from C ommissioners. No public comments. Rollie Kjesbo moved to approve. Pete Seibert seconded the motion and it passed (7-0). 2.2.A request for a recommendation to the Vail Town Counc il for a presc ribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town C ode to amend Section 12-10 Off Street Parking and Loading, Vail Town C ode, to refine the appropriate sec tions to allow for a c omprehensive approach to meeting the minimum parking requirements, inc luding clarifying the review process and other c onsiderations, and setting forth details in regard thereto. (P E C 20-0007) The Applicant requests that this item be tabled to the next regularly sc heduled meeting on August 10th, 2020. 5 min. August 4, 2020 - Page 122 of 138 Applicant:Braun Assoc iates, I nc . Planner:Greg Roy Karen Perez moved to table to August 10, 2020. Rollie K jesbo seconded the motion and it passed (7-0). 3.A pproval of Minutes 3.1.J uly 13, 2020 P E C Results Karen Perez moved to approve. Brian Gillette seconded the motion and it passed (4-0). Abstain:(3)Loc kman, Pratt, Seibert 4.A djournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applic ations and information about the propos als are available for public inspection during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the projec t orientation and the site visits that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subjec t to c hange, and cannot be relied upon to determine at what time the Planning and Environmental Commission w ill cons ider an item. Please call (970) 479-2138 for additional information. Please c all 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department August 4, 2020 - Page 123 of 138 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: V L MD A C J une Meeting Minutes AT TAC H ME N TS: Description V L MD AC June Meeting Minutes August 4, 2020 - Page 124 of 138 Vail Local Marketing District Advisory Council Monthly Meeting June 17, 2020, 8:30 am Meeting held via Zoom VLMDAC member attendees: Erick Cannava (Manor Vail), Amy Moser Harrison (Four Seasons), Esmarie Faessler (Sonnenalp), Laurie Mullen (West Vail Liquor Mart), Jenn Bruno (Vail Town Council), Skip Thurnauer, Beth Slifer (Slifer Designs), Jana Morgan (Sweet Basil) Additional attendees: Sarah Berkheimer (Cactus), Kristin Yantis (MYPR), Meggen Kirkham (SITE Marketing), Ainslie Fortune (Cactus), Katie Harker (Cactus) Mia Vlaar (Town of Vail), Chris Romer (Vail Valley Partnership), Jeremy Gross (Town of Vail), Meggen Kirkham, Ashley Ojala, Corinne Baud (MYPR), Jennifer Viditz-Ward, Kim Brussow (Vail Valley Partnership), Kay Schneider (Vail Valley Partnership), Liana More, Liz Gladitsch (Town of Vail), Ryan Kelsey (Antlers), Dawn Harker Call to Order Meeting called to order at 8:33 am by Beth Slifer Monthly Financial Report- Carlie Smith Carlie Smith updated everyone on financials – please see presentation The Fund balance is now $845,000 (23%) this is above the 18% expected. Mia added she went to the town council and discussed the reductions to the budget the board approved. She also commented to hearing great things from the hotels, strong demand and bookings, up to 50% capacity on weekends. Approval of May 21, 2020 Minutes Board- Motion to approve by Jana, second by Esmarie, unanimous Media Updates & Results To Date (Cactus/SITE marketing) Katie COVID updates by Market- markets we are looking at outside of CO.- Houston, we are not recommending this right now because they are trending up in COVID. Dallas- trending up but not as fast as Houston, we have put some marketing efforts here this past week. Kansas City we will move forward with the launch Chicago- is on the decline with COVID, we will move forward with the launch Salt Lake City- has been increasing so we won’t launch here quite yet. Santa Fe & Albuquerque- no significant increase so we will launch here. Launch is this Monday the 22nd. Discussion about driving business to Discover Vail ensued. Explanation about Adara and how Cactus uses it with Discovervail.com, discussion ensued about capturing the information. August 4, 2020 - Page 125 of 138 Influencer Program Update – Kristin Yantis Kristin- two focuses, we are going to use one influencer that focuses on “families with teens” and focus on Front Range influencers. Explanation of “Bavarian trail” details in presentation Marketing & Business Tool Kit- Liz Gladitsch/SITE marketing Liz gave an overview of the Marketing & Business Tool kit- See presentation Discussion on using photos ensued and not using the word “safe” Events Update- Mia Vlaar Mia discussed the economic updates. Over 20 restaurants have asked for outdoor dining and changes to liquor license use area. Discussion ensued on how you can buy a “to go” drink and walk through the open container space. Updates on Special events- new space with stage at the Lower Bench area near Betty Ford Garden Vail Resorts announced they will be opening Gondola 1 on July 1st. Lionshead gondola will open mid-July Vail.com will be refreshed to Summer today (June 18th) CSE Meeting Update- Skip Thurmauer Skip reported on the CSE meeting, not much happening until Mid-July. Other Business- Mia asked the group if the next meeting can be held in the Vail Chambers? Everyone agreed to meet in person Mia asked if she should give the council/board a brief update on July 21st? It was agreed to give them an update Adjournment- Motion to adjourn by Laurie/second by Skip/unanimous Upcoming Meetings: VLMDAC Monthly Meeting, Thursday, July 16, 2020, In Chambers August 4, 2020 - Page 126 of 138 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: V L HA Meeting Results J uly 14, 2020 AT TAC H ME N TS: Description V L H A Meeting Results July 14, 2020 August 4, 2020 - Page 127 of 138 Vail Local Housing Authority Meeting Results July 14, 2020 3:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1. Virtual Meeting Part 1, Pre-Executive Session 1.2. Virtual Meeting Part 2, Post Executive Session 1.3. Call to Order A quorum present Lindstrom called the meeting to order at 3:00PM. Mary McDougall is absence. Ruther and Campbell from staff are present as well. 2. Citizen Participation 2.1. Citizen Participation There are no public comments. 3. Approval of Minutes 3.1. VLHA June 23, 2020 Meeting Results Staff requested to table until the July 28, 2020 meeting. MOTION: MOFFET SECOND: MORALES VOTE: 4-0 APPROVED 4. Main Agenda 4.1. Edwards River Park Presentation Presenter: Dominic Mauriello, Mauriello Planning Group Moffet recused himself from the discussion. Dominic Mauriello of MPG provided an overview and update on the Edwards River Park development. Currently they are looking for synergy with the Town of Vail. Moffet rejoined the meeting at 3:40PM. 4.2. Resolution No. 22, Series of 2020, Solar Vail Apartments Home Findings Presenter: George Ruther, Housing Director August 4, 2020 - Page 128 of 138 Ruther provided over of the resolution and noted the resolution is not needed as it was reviewed and approved in Resolution No. 17, Series of 2018 when approving Solar Vail operating agreement. Resolution 22, Series of 2020 is being withdrawn at this time and will bring back to the Authority if need. WITHDRAWN 4.3. Resolution No. 23, Series, of 2020, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Condominium Unit 8, Aspen Tree Condominiums, Eagle County, Colorado with a Physical Address of 931 Red Sandstone Road, Unit 8, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: MORALES SECOND: MOFFET VOTE: 4-0 APPROVED 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Lindstrom asked Ruther to provide an update on the Booth Heights / Children’s Garden of Learning (CGL) MOU. Ruther stated on July 7th, 2020 the Vail Town Council presented its proposed draft of MOU to identify opportunties to relocate Booth Heights development to alternate locations within the Town of Vail. The VLHA has not been asked to participate in the MOU to date. The Authority discussed the Vail Homeowners Association current newsletter. Morales and the Authority discussed appraiser’s valuations on Vail InDEED properties. The Housing department will reach out to the appraisers. The Authority discussed property located at lower Spraddle Creek. Moffet made a motion to leave the regular meeting to enter executive session. MOTION: MOFFET SECOND: WILKINS VOTE: 4-0 APPROVED 6. Executive Session 6.1. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: submitted Vail InDEED applications and program details. Presenter: Lynne Campbell, Housing Coordinator Morales and Wilkins left the meeting at the end of executive session, 4:30PM. August 4, 2020 - Page 129 of 138 7. Any Action as a Result of Executive Session 7.1. Action as a Result of Executive Session Action has been tabled to the July 28, 2020 meeting due to lack of a quorum. Wilkins and Morales left meeting at 4:30PM. 8. Adjournment 8.1. Adjournment 5:00 PM (estimated time) Meeting adjourned at 4:40PM. MOTION: MOFFET SECOND: LINDSTROM VOTE: 2-0-2 APPROVED 2 members left meeting early 9. Future Agenda Items • Incentives for Long Term Rentals in the Town of Vail • Housing Sites Discussion • Land Banking (sale of GRFA) • Public Health Housing Incentive, Eagle County Health 10. Next Meeting Date 10.1. Next Meeting Date July 28, 2020, meeting will be held virtually Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. Housing Department August 4, 2020 - Page 130 of 138 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: J uly Revenue Update AT TAC H ME N TS: Description July Revenue Update August 4, 2020 - Page 131 of 138 TOWN OF VAIL REVENUE UPDATE August 4, 2020 Sales Tax Upon receipt of all sales tax returns, June collections are estimated to be $1,020,412; down (36.5)% from last year. Year to date collections of $12,502,199 are down (23.2)% from prior year and up 18.0% from amended budget. The 2020 sales tax collections are budgeted to be $16.8M, a decrease of 43% from prior year collections. Inflation as measured by the consumer price index was up 0.6% for June. Real Estate Transfer Tax (RETT) RETT collections through July 29 total $3,133,715 down (3.5)% from the prior year. The 2020 annual RETT budget totals $6,300,000, down (12.8)% from 2019 collections. Construction Use Tax Use Tax collections through July 28 total $834,666 compared to $1,855,190 from this time last year. The 2020 amended budget totals $1,800,000, down (18.9)% from 2019 collections. Summary Across all funds, year-to-date revenue of $31.3 million is up 2.1% from amended budget. Year-to-date revenue is down (20.8)% from prior year attributed to the economic impacts of COVID-19 on sales tax collections, parking sales, lift tax, and construction activity. The town’s “Crisis” level recession plan has projected a 21% decrease across all revenue streams for the full year 2020. 1 August 4, 2020 - Page 132 of 138 MEMORANDUM August 4, 2020 To: Vail Town Council Kathleen Halloran From: Alex Jakubiec Re: June 2020 Sales Tax and COVID-19 Impact Reporting Vail will collect an estimated $215,876 in additional June sales tax to bring collections up to $1,020,412. Due to the economic impacts of COVID 19 on the business community, the Vail Town Council elected to defer sales tax payments until August 2020; businesses are still required to file regular sales tax returns while deferring payments. A further analysis of the deferred June sales tax payments has been provided on page four of this update. June will be down (36.5)% or $(586,335) from June 2019 and up 81.5% or $458,148 from the amended budget. 2 August 4, 2020 - Page 133 of 138 2020 Amended 2020 YTD Budget % change % change 2015 2016 2017 2018 2019 Budget Total Variance from 2019 from Budget January 3,696,798$ 3,738,824$ 3,725,212$ 3,597,610$ 4,079,994$ 4,061,971$ 4,065,777$ -$ 4,065,777$ 3,806$ -0.35%0.09% February 3,593,947 3,746,055 3,692,592 3,818,356 4,137,087 4,135,058 3,332,750 946,845 4,279,595 144,537$ 3.44%3.50% March 4,053,961 4,225,921 3,642,407 4,167,880 4,237,933 1,059,003 1,689,131 528,166 2,217,297 1,158,294 -47.68% 109.38% April 1,370,929 1,089,749 1,386,780 1,233,474 1,445,071 350,000 413,171 9,388 422,559 72,559 -70.76% 20.73% May 584,454 654,462 659,475 830,193 763,756 425,000 464,958 31,602 496,559 71,559 -34.98% 16.84% June 1,242,400 1,318,092 1,389,982 1,648,443 1,606,748 562,264 804,536 215,876 1,020,412 458,148 -36.49% 81.48% YTD Total 14,542,489$ 14,773,103$ 14,496,448$ 15,295,956$ 16,270,588$ 10,593,296$ 10,770,323$ 1,731,876$ 12,502,199$ 1,908,903$ -23.16% 18.02% July 1,937,989 2,053,773 2,215,649 2,412,425 2,480,292 874,209 August 1,702,579 1,849,815 1,863,949 2,195,175 2,237,050 898,804 September 1,240,277 1,349,929 1,385,462 1,540,490 1,600,100 643,553 October 835,649 906,385 936,954 1,106,596 1,165,176 490,116 November 997,100 989,320 997,716 1,264,600 1,260,314 767,472 December 3,885,849 3,840,919 3,695,305 4,070,870 4,237,178 2,532,550 Total 25,141,932$ 25,763,244$ 25,591,483$ 27,886,112$ 29,250,698$ 16,800,000$ Actual Collections TOWN OF VAILSALES TAX 2020 Budget Comparison Collected Sales Tax Deferred Sales Tax 0.000.100.200.300.400.500.600.700.800.901.001.101.201.301.401.501.601.701.80 2015 2016 2017 2018 2019 2020 June Sales Tax By Year (in Millions) 0.00 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 10.00 11.00 12.00 13.00 14.00 15.00 16.00 17.00 2015 2016 2017 2018 2019 2020 YTD Sales Tax By Year January 1st - June 30th (in Millions) 3 August 4, 2020 - Page 134 of 138 June Sales Tax Collected Vs. Deferred 2,039 Businesses filed and paid their June Town of Vail sales tax for a total of $804,536 collected revenue. 168 Businesses have not yet paid their June taxes for a total of $215,876. Town of Vail COVID-19 Sales Tax Impact Reporting In same period, prior year; Retail businesses comprised 36% of all sales tax collected; Accommodation Services were 26%; Food and Beverage were 30%; and Other businesses were 8%. Deferred Sales Tax by Business Type Paid Sales Tax by Business Type Overall, 168 businesses filed returns for June without payment. Of these 168 outstanding returns; 63 businesses are located in Vail Village, 41 in Outlying Neighborhoods, 26 in Lionshead, and 38 Out of Town. Deferred Vs. Collected Sales Tax By Business Location June Tax Payments Collected Vs. Deferred Collected $804,536 79% Deferred $215,876 21% 2,039 Collected Payments 92% 168 Deferred Payments 8% Accommodation Services $109,076 - 14% Other $94,985 12% Food and Beverage $172,031 21% Retail $428,445 53% Accommodation Services $100,857 - 47% Other $0 0% Food and Beverage $59,223 26% Retail $59,795 27% 207.7 281.3 62.4 253.1 0.5 128.6 86.1 0.6 OUTLYING NEIGHBORHOODS VAIL VILLAGE LIONSHEAD VILLAGE OUT OF TOWN Deferred Revenue Collected Revenue (in Thousands) 4 August 4, 2020 - Page 135 of 138 Vail Business Review May 2020 August 4, 2020 The Vail Business Review breaks down the four percent sales tax collected for the month of May. Overall May sales tax decreased (35.0)% with retail decreasing (3.2)%, lodging decreased (82.4)%, food and beverage decreased (72.2)%, and utilities/other decreased by (12.5)%. Excluding the out of town category; sales tax for the month of May was Down (50.6)%. Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments, please feel free to call me at (970) 479-2125 or Carlie Smith at (970) 479-2119. Sincerely, Alex Jakubiec Town of Vail Revenue Manager 5 August 4, 2020 - Page 136 of 138 Retail 112,435.38 90,666.37 24.01% Lodging 10,918.67 35,507.62 -69.25% F & B 17,025.59 34,504.58 -50.66% Other 2,448.27 6,688.13 -63.39% Total 142,827.91 167,366.70 -14.66% Retail 5,148.23 12,250.49 -57.98% Lodging 1,373.76 42,299.93 -96.75% F & B 5,763.82 28,153.26 -79.53% Other - 624.16 -100.00% Total 12,285.81 83,327.84 -85.26% Retail 152,819.54 157,483.71 -2.96% Lodging 429.12 2,204.03 -80.53% F & B 7.84 247.23 -96.83% Other 96,794.84 105,941.09 -8.63% Total 250,051.34 265,876.06 -5.95% Retail 52,313.94 72,890.51 -28.23% Lodging 12,110.56 61,300.53 -80.24% F & B 25,944.23 112,337.85 -76.91% Other 1,025.47 1,303.10 -21.31% Total 91,394.20 247,831.99 -63.12% Retail 322,717.09 333,291.08 -3.17% Lodging 24,832.11 141,312.11 -82.43% F & B 48,741.48 175,242.92 -72.19% Other 100,268.58 114,556.48 -12.47% Total 496,559.26 764,402.59 -35.04% Retail Apparel 18,643.85 36,049.24 -48.28% Retail Food 85,308.94 72,588.66 17.52% Retail Gallery 1,080.19 562.10 92.17% Retail Gift 209.87 1,350.73 -84.46% Retail Home Occupation 186.90 105.35 77.41% Retail Jewelry 7,399.50 8,747.44 -15.41% Retail Liquor 27,718.54 20,256.69 36.84% Retail Other 165,111.76 175,136.66 -5.72% Retail Sport 17,057.54 18,494.21 -7.77% Total 322,717.09 333,291.08 -3.17% Cascade Village / East Vail / Sandstone / West Vail Town of Vail Business Review May 2020 Sales Tax May 2020 Collections May 2019 Collections May % Change Total - All Areas Lionshead Out of Town Vail Village Retail Summary 6 August 4, 2020 - Page 137 of 138 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: Recess 4:50 pm (estimate) August 4, 2020 - Page 138 of 138