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HomeMy WebLinkAbout2020-08-04 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Virtual 6:00 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 c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Appointments for Boards and Commissions (5 min.) 3.1.Design and Review Board (D RB) Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one member to serve on D RB for a partial term ending March 31, 2022. 4.Consent Agenda (5 min.) 4.1.Resolution No. 30 Series of 2020, an E HU exchange on a home located at 1225 Westhaven Lane, Unit, authorizing the Town Manager to execute a deed restriction release and approving the request for an exchange of an employee housing unit, pursuant to Section 12-13-5. 4.2.Resolution No.31, Series of 2020, A Resolution Approving a Challenge Cost Share Agreement Between the Town of Vail and the US D A, Forest Service, W hite River National Forest. 4.3.Resolution No. 32, Series of 2020, a resolution adopting the Policy Statement for the Colorado Communities for Climate Action for 2020-2021 and setting forth details in regard thereto. 4.4.Resolution No. 33, Series of 2020, A Resolution of the Vail Town Council Authorizing the Town Manger to enter into an I ntergovernmental Agreement August 4, 2020 - Page 1 of 144 with the Colorado Department of Revenue regarding Sales and Use Tax Software ("S UTS") 4.5.Resolution No. 34, Series of 2020, A Resolution of the Vail Town Council Extending the Declaration of a Local Disaster Emergency 4.6.An escrow agreement between the Town of Vail and ChargePoint. Background: The Town of Vail has received a grant in the amount of $200,091, for four Level I I I , D C fast charge electric vehicle charging stations from the State of Colorado, facilitated by ChargePoint, to be installed in the Lionshead Parking Structure. The donation agreement (Attachment A), has already been executed. The escrow agreement (Attachment B) allows the funds to be held and dispersed. Staff Recommendation: Direct the Town Manager to execute the escrow agreement between the Town of Vail and ChargePoint. 5.Town Manager Report (10 min.) 6.Presentations / Discussion 6.1.Town Council’s Alternative Housing Sites I nitiative Update 15 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: I nformational only. Background: The Town Manager will present a brief update about the Town Council’s alternative housing sites initiative, the development of deed restricted housing and a new future location for the child learning facility. Based on public input received at the 7/21/20 Council meeting, discussions continue with Vail Resorts, I nc. and Triumph Development related to the Booth Heights property in East Vail and town-owned Middle Creek Lot 3. An updated draft Memorandum of Understanding will be presented to the community for further comment once mutually-agreed upon deal points are further refined. Town staff continues to work on a diverse number of components associated with the initiative related to forest health in East Vail on US FS land, deed restricted housing, and an MOU with the nonprofit Children’s Garden of Learning focused on securing the childcare center a high quality future home. 7.Action Items 7.1.Resolution No. 35, Series of 2020, A Resolution of the Vail Town Council Establishing the Vail Commercial Rent Relief Program and Directing the Town Manager to Provide for the Proper Administration of the Vail Commercial Rent Relief Program 10 min. Presenter(s): Mia Vlaar, Economic Development Director Action Requested of Council: Approve, approve with amendments or deny Resolution No. 35, Series of 2020 Background: The Vail business community has requested the Town develop a rent relief program for commercial business owners, a program that would be funded and facilitated by the Town. The Resolution approves the recommended program to support Vail’s economic recovery with a commercial rent relief program for local storefront businesses. 7.2.An Ordinance Amending Title 4, Chapter 3 of the Vail Town Code to Define Economic Nexus and Update Methods for Collection and Remittance of 10 min. August 4, 2020 - Page 2 of 144 Sales Tax. Presenter(s): Alex J akubiec, Revenue Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No.9, Series 2020 upon first reading. 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. As part of participating in this software, adoption of Ordinance No. 9, Series 2020 will update the town code to modify and add certain standard definitions to the town's sales tax code. Staff Recommendation: Approve, or approve with amendments Ordinance No.9, Series 2020 upon first reading. 8.Public Hearings 8.1.Ordinance No. 8, Series 2020, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund. 10 min. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series 2020. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 8, Series 2020. 9.Adjournment 9.1.Adjournment 7:15 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. August 4, 2020 - Page 3 of 144 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: Design and Review Board (D R B ) A ppointment P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one member to serve on D R B for a partial term ending March 31, 2022. August 4, 2020 - Page 4 of 144 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 30 Series of 2020, an E HU exchange on a home located at 1225 Westhaven L ane, Unit, authorizing the Town Manager to execute a deed restriction release and approving the request for an exchange of an employee housing unit, pursuant to S ection 12-13-5. AT TAC H ME N TS: Description Resolution No 30. Series of 2020 Town Council Memorandum_08042020 Exhibit A, Resolution No. 30 Series of 2020 E H U Exchange 1225 W esthaven Lane A 08042020 Exhibit B, E H U Exchange 1225 W esthaven Lane A Memo V L H A 07282020 August 4, 2020 - Page 5 of 144 To: Vail Town Council From: George Ruther, Housing Director Date: August 4, 2020 Subject: Resolution No. 30, Series of 2020, authorizing the Town Manager to execute a deed restriction release and approving the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction, located at Lot 43, Parcel A, Glen Lyon Subdivision/1225 Westhaven Lane, Unit A, in exchange for the recording of an employee housing deed restriction on a dwelling unit located at Unit 4B, Pitkin Creek Park Condominiums/3941 Bighorn Road and a $76,053 fee-in-lieu payment. I. HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority recommends 3-1 (Moffet opposed) that the Vail Town Council approve the requested release and exchange of an employee housing unit deed restriction. In doing so, the Authority further unanimously recommends the Vail Town Council take immediate action to review and update the fee-in-lieu mitigation rate payment amounts for both inclusionary zoning and commercial linkage requirements. These payment amounts have not been reviewed or updated since their original adoption. As such, it is likely a change in the payment amounts would ensure that the amounts reflect current costs. If approved, the Town of Vail will receive more than 1,000 square feet of deed-restricted square footage for the 500 square feet deed-restricted today. The 1,000 square feet includes a new deed restriction on a one bedroom, 763 square foot condominium at Pitkin Creek Park and $76,053 in fee-in-lieu payment to the Town’s Housing Mitigation Fund. The fee-in-lieu payment will be used to acquire at least one additional deed restriction. In the end, the Town benefits by more than doubling the amount of deed- restricted square footage, getting two deed restrictions for one, all at no cost to the taxpayer. August 4, 2020 - Page 6 of 144 Town of Vail Page 2 Pursuant to the terms of the deed restriction release agreement, the applicant is required to remove the kitchen facilities from the exchange EHU at 1225 Westhaven Lane, prior to recording the release with the Eagle County Clerk and Recorder’s Office. The Vail Local Housing Authority recommends the following motion be made: “The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approving the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit located at Lot 43, Parcel A, Glen Lyon Subdivision/1225 Westhaven Lane, Unit A, in exchange for the recording of an employee housing deed restriction on a dwelling unit located at Unit 4B, Pitkin Creek Park Condominiums/3941 Bighorn Road and a $76,053 fee-in-lieu payment, and setting forth details in regard thereto.” II. ATTACHMENTS A. Resolution No. 30, Series of 2020, dated August 4, 2020 B. Staff Memorandum to the Vail Local Housing Authority, dated July 28, 2020 August 4, 2020 - Page 7 of 144 Resolution No.30, Series of 2020   RESOLUTION NO. 30 SERIES OF 2020 A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT BETWEEN THE TOWN OF VAIL AND SCOTT E. AND RACHEL A. WAGNER; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; WHEREAS, Scott E. and Rachel A. Wagner are the owners of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 1225 Westhaven Drive A, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on May 20, 1997 at Reception No. 623181; WHEREAS, The Town is the beneficiary of said Restrictive Covenant; WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail Town Code, wish to mutually release the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Pitkin Creek Park Phase I Unit 4- B / 3941 Bighorn Road, Unit 4-B, Vail, Colorado 81657 (the “Proposed EHU”); and WHEREAS, the Vail Local Housing Authority has reviewed the request and forwards its recommendation of approval to the Vail Town Council. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant and authorizes the Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. August 4, 2020 - Page 8 of 144 Resolution No.30, Series of 2020   Section 2. This Resolution shall take effect immediately upon the recording of an employee housing deed restriction in a form approved by the Town on the Proposed EHU.     INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of August, 2020. ATTEST: Dave Chapin, Mayor Tammy Nagel, Town Clerk August 4, 2020 - Page 9 of 144 Resolution No.30, Series of 2020   EXHIBIT A August 4, 2020 - Page 10 of 144 Page 1 of 2 MUTUAL RELEASE OF RESTRICTIVE COVENANT THIS RELEASE is made and entered into this 4th day of August, 2020, by and between Scott E. and Rachel A. Wagner, hereinafter referred to as “RELEASEE” and the Town of Vail, a Colorado Municipal Corporation, hereinafter referred to as “RELEASOR”. WHEREAS, Releasee is the owner of that certain property (“the Property”) located within the Town of Vail, Eagle County, Colorado, with a physical address of 1225 Westhaven Drive A, Vail, Colorado 81657; WHEREAS, a restrictive covenant (“Restrictive Covenant”) was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on May 20, 1997, at Reception No. 623181; WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and WHEREAS, at the public meeting held on August 4, 2020, and pursuant to Section 12-13- 5 of the Vail Town Code, the Town Council of the Town of Vail, Colorado (“Town Council”) approved the release of the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Pitkin Creek Park Phase I Unit 4-B / 3941 Bighorn Road, Unit 4-B, Vail, Colorado 81657. NOW THEREFORE, in consideration of the mutual terms and provisions herein below set forth, and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged to, the parties agree: 1. The Town Council approved the release of the Restrictive Covenant on August 4, 2020. 2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in the office of the Clerk and Recorder of Eagle County, Colorado at Reception No. 623181 dated at May 20, 1997 and hereby releases Releasee from all duties and obligations of said Restrictive Covenant. 3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no further restrictions imposed by Releasor. 4. Upon execution of the Release, Releasee shall be free to reside in and use the Property with no further restrictions imposed by the Releasor. 5. This Release shall be permanent and shall run with the land and shall not be waived, abandoned, amended, or terminated and shall inure to the benefit and be binding upon the parties, their respective grantees, successors, or assigns. 6. This Release constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or August 4, 2020 - Page 11 of 144 Page 2 of 2 understandings that do not appear within the terms and provisions of the Release. This Release may be modified only in writing, signed by both parties. 7. This release shall be recorded in the real property records of Eagle County, Colorado and the provisions of this Release shall be governed by the laws of the State of Colorado, including any action arising out of this Release. 8. If any provisions of this Release shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Release has been negotiated by the parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. RELEASOR: TOWN OF VAIL, a Colorado Municipal Corporation By: _____________________________________ Scott Robson, Town Manager ATTEST: _________________________________________ Tammy Nagel, Town Clerk RELEASEE: By: ___________________________________ __________________________________ Scott E. Wagner Rachel A. Wagner STATE OF _____________ ) ) ss COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 20 by . Notary Public: ______________________________ My Commission Expires: ______________________ August 4, 2020 - Page 12 of 144 To: Vail Local Housing Authority From: Lynne Campbell, Housing Coordinator Date: July 28, 2020 Subject: A request for a recommendation to the Vail Town Council for the release of a deed-restriction from an existing employee housing unit, located at 1225 A Westhaven Lane / Glen Lyon Subdivision Lot 43 Parcel A ("exchange EHU") in exchange for the recording of a new employee housing deed-restriction on the property located at 3941 Bighorn Road, Unit 4B / Pitkin Creek Park Condominiums, Unit 4B ("proposed EHU"), pursuant to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Applicant: Scott and Rachel Wagner I. DESCRIPTION OF REQUEST The applicants, Scott and Rachel Wagner, have requested to release a deed- restriction from an existing employee housing unit, located at 1225 A Westhaven Lane / Glen Lyon Subdivision Lot 43 Parcel A ("exchange EHU") in exchange for the recording of a new employee housing deed-restriction on the property located at 3941 Bighorn Road, Unit 4B / Pitkin Creek Park Condominiums, Unit 4B ("proposed EHU"), pursuant to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. II. REVIEW CRITERIA Before acting on an employee housing deed-restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The exchange EHU shall not be part of any employee housing project developed or deed-restricted (in part or in whole) by the town of Vail. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. August 4, 2020 - Page 13 of 144 Town of Vail Page 2 The exchange EHU was built in 1996 and a Type II Deed-Restriction was recorded on May 20, 1997. The owner is required to rent to a qualified tenant and submit an annual affidavit indicating whether the unit is rented to a qualified tenant. Pursuant to the terms of the deed-restriction, the EHU shall be leased and occupied by tenants who are full-time employees who work in Eagle County. The EHU is neither part of any employee housing project developed nor is it part of any required mitigation. Therefore, staff believes the proposed EHU exchange request conforms to this criterion. 2. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. The EHU is not part of an approved development plan obligation. Therefore, staff believes this exchange EHU complies with the applicable requirements. 3. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. The exchange EHU is located within Special Development District No. 4 (SDD #4) Cascade Village and Type II employee housing units are an allowed use, subject to the issuance of conditional use permit. According to the Town's Planning Department, 1225 Westhaven Lane A complies with prescribed development standards of the and meets the required criteria related to participation in the exchange program. If approved, the applicant shall be required to remove the kitchen facilities within the unit to eliminate a third dwelling unit on the property. This condition shall be met prior to releasing the deed restriction from the property located at 1225 Westhaven Lane, Unit A. 4. The proposed EHU(s) shall be within a homeowners' association that does not preclude deed-restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the administrator. The proposed EHU is not located within a homeowner’s association containing any above listed restrictions, and therefore, staff believes this proposed EHU complies with the criteria. August 4, 2020 - Page 14 of 144 Town of Vail Page 3 5. The proposed EHU shall comply with the minimum size requirements shown in table 13-2 of this section. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. The exchange EHU is located outside the mapped commercial job core area and the proposed EHU is outside the commercial job core area. Therefore, the proposed EHU shall meet the criteria listed below as noted in Town Code 12-13- 5 Section 3, Exchange Rate For Proposed EHUs: 3d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. The proposed EHU is located outside the commercial job core and contains 763 square feet of GRFA. The 763 square feet meets the minimum required size of a one bedroom unit. However, the required GRFA for the proposed EHU is 1,000 square feet, or two times the size of the exchange EHU. The proposed EHU is short 237 square feet requiring a fee-in-lieu payment of $76,053 to satisfy the exchange unit’s requirement. Current fee-in-lieu rate is $320.90 per required square foot. (237 square feet X $320.90 per square foot = $76,053) TABLE 13-2 MINIMUM SIZE OF PROPOSED EHUs Type Of Unit Minimum Size GRFA) Studio 438 square feet 1 bedroom 613 square feet 2 bedrooms 788 square feet 3+ bedrooms 1,225 square feet 6. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. The proposed EHU contains a full kitchen facility, and therefore, meets the criteria. August 4, 2020 - Page 15 of 144 Town of Vail Page 4 7. The property on which the proposed EHU is located shall comply with chapter 10, "Off Street Parking And Loading", of this title. The proposed EHU has 2 surface parking spots and complies with chapter 10. 8. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. The proposed EHU has its own entrance into a 1 bedroom, 1 bathroom condominium residence. Staff has confirmed this meets the proposed criteria. III. ATTACHMENTS Owner’s Request August 4, 2020 - Page 16 of 144 From:George Ruther To:Lynne Campbell Subject:Fwd: The process with the TOV .... Date:Wednesday, July 22, 2020 5:33:51 AM Good Morning - See attached EHU Exchange request. Let’s discuss later today. Thanks, George Ruther, AICP Director of Housing Town of Vail (970) 376-2675 Sent from my iPad Begin forwarded message: From: Scott Wagner <Scott@WAGNERS.WS> Date: July 19, 2020 at 9:02:26 PM MDT To: George Ruther <GRuther@vailgov.com> Subject: FW:  The process with the TOV ....  Hi George, We are working with Jim Rapp for the Vail in Deed program. Can you look at the email from his Realtor bellow and let me know if this is correct? Scott Wagner 303-915-6006 From: JAMES RAPP <jamesrapp69@msn.com> Sent: Saturday, July 18, 2020 10:54 AM To: Scott Wagner <Scott@WAGNERS.WS>; betseyinvail <betseyinvail@yahoo.com> Subject: FW: The process with the TOV .... Scott hello, Here is an e-mail the realtor just sent sent me on the process…… From: Elizabeth Clarke Sent: Saturday, July 18, 2020 10:47 AM To: JAMES RAPP August 4, 2020 - Page 17 of 144 Subject: The process with the TOV .... The process as I understand after speaking with Lynne yesterday..... This is a "process", not difficult but more of a formality going through the proper channels. First, Scott needs to write a letter to the Housing Authority requesting a release of the EHU on the Wagner property with the deed restriction being placed on a "qualified property", i.e., Pitkin property within the TOV. Hopefully, we will have Pitkin under contract and can provide the offer with his letter. His letter needs to get to the Housing Authority by 7/23 in order to be place on their 'agenda' for their next meeting on 7/28. At this meeting they will review the request, the Pitkin property, and make a recommendation to the Town Council. This will then be placed on the Town Council's agenda for their 8/4 meeting. (if Scott misses the 7/23 timeline, everything moves back two weeks and the next TOV meeting would occur on 8/18). It is the TOV's Town Council who makes the decision to authorize the transfer. At the 8/4 TOV meeting, the Town Council will review the Wagner's request and review the recommendation from the Housing Authority. Once approved, they will issue a "resolution " and the process of transferring the EHU to the Pitkin property can take place at the closing. Once this happens at closing, the release of the EHU on the Wagner property will be recorded as will the EHU deed restriction on the Pitkin Property. Betsey. August 4, 2020 - Page 18 of 144 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No.31, Series of 2020, A Resolution A pproving a Challenge Cost S hare Agreement Between the Town of Vail and the US D A, F orest S ervice, W hite River National Forest. 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 19 of 144 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 20 of 144 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 21 of 144 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 22 of 144 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 23 of 144 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 24 of 144 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 25 of 144 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 26 of 144 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 27 of 144 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 28 of 144 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 29 of 144 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 30 of 144 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 31 of 144 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 32 of 144 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 33 of 144 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 34 of 144 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 35 of 144 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 36 of 144 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 37 of 144 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 38 of 144 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 39 of 144 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 40 of 144 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 41 of 144 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 42 of 144 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 43 of 144 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 44 of 144 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 45 of 144 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 46 of 144 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 47 of 144 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 48 of 144 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 49 of 144 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 50 of 144 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 51 of 144 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 52 of 144 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 53 of 144 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 54 of 144 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 55 of 144 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 56 of 144 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 57 of 144 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 58 of 144 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 59 of 144 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 32, S eries of 2020, a resolution adopting the P olicy Statement for the Colorado Communities for Climate Action for 2020-2021 and setting forth details in regard thereto. AT TAC H ME N TS: Description Resolution No. 32, Series of 2020 - Memorandum Resolution No. 32, Series of 2020 C C4C A Policy Statement 2020-2021 August 4, 2020 - Page 60 of 144 TO: Vail Town Council FROM: Environmental Sustainability Department DATE: August 4, 2020 SUBJECT: Resolution No. 32, Series of 2020, a resolution adopting the Colorado Communities for Climate Action Policy Statement for 2020-2021 and setting forth details in regard thereto. I. PURPOSE The purpose of this memorandum is to present for adoption Resolution No. 32, Series of 2020, adopting the Colorado Communities for Climate Action (CC4CA) Policy Statement for 2020- 2021. II. BACKGROUND The Town of Vail has been a member of Colorado Communities for Climate Action (CC4CA) in since its inception in 2018, and a founding member of its original efforts of the Colorado Climate Network since 2012. As a member, the town has had the opportunity to weigh-in on the development of the CC4CA Policy Statement, which is updated on an annual basis to adjust the policy positions of the organization. CC4CA’s 2020-2021 Policy Statement update reflects unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. The proposed statements were developed through CC4CA committees, which solicited input from every member jurisdiction and then prepared updates to reflect that input. The Town of Vail participated and provided input in these discussions. CC4CA held its all-member annual retreat to review and finalize the Policy Statement on June 19, 2020. The retreat, and the many months of work by CC4CA's Policy Committee and Board of Directors (on which every member jurisdiction is represented) prior to the retreat, provided the opportunity for all members to share input on each of the policy positions and the statements were modified accordingly. CC4CA members did a significant amount of work to finalize the proposed statement based on the input of all member Councils and Boards and to gain the approval of all members present at the retreat. At this time, all members of CC4CA are asked to formally ratify the updated Policy Statement. Most of the updates are non-substantive, and none of the substantive updates significantly alter any positions from the 2019 Policy Statement adopted by the Vail Town Council. The updates include: 1) The updated Policy Statement eliminates the "explanatory text" that has been part of the format in previous years. These were the paragraphs accompanying each specific policy position that provided additional details and examples. The result is a much more concise and manageable Policy Statement. 2) The most significant substantive changes compared to the 2019-2020 Policy Statement are all still only minor changes: • Position #7, which supports a public process for evaluating retail energy choice August 4, 2020 - Page 61 of 144 Town of Vail Page 2 options for local jurisdictions, now supports such a process for evaluating both retail and wholesale energy choice options for local jurisdictions. • "Resilience" is more clearly called out in the first General Policy Principle and in policy positions #5 (calling to remove barriers allowing local governments to implement resilience-oriented strategies) and #26 (encouraging post-disaster recovery efforts to improve resilience to future disasters). • Position #24 adds "reuse" to "recycling and composting." • There is a new position (#25), which encourages the adoption of climate-positive innovations drawing from the lessons learned during the pandemic. 3) All of the other proposed changes are for grammatical purposes, to improve clarity, or maintain clarity when removing the explanatory text. III. STAFF RECOMMENDATION Staff recommends the Vail Town Council approve Resolution No. 32, Series of 2020. IV. ATTACHMENTS A. Resolution No. 32, Series of 2020 B. CC4CA Policy Statement 2020-2021 August 4, 2020 - Page 62 of 144 Resolution No. 32, Series of 2020 Page 1 of 2 RESOLUTION NO. 32 Series of 2020 A RESOLUTION ADOPTING THE COLORADO COMMUNITIES FOR CLIMATE ACTION POLICY STATEMENT FOR 2020-2021 AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter''); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town of Vail, along with twenty-seven other municipalities and counties in Colorado, have joined Colorado Communities for Climate Action (“CC4CA”), a coalition of local governments across the state which advocates for state and federal policies which support clean air, clean water, reduction of fossil fuel consumption and other contributors associated with greenhouse gas emissions; WHEREAS, an integral part of CC4CA organizational process is the annual adoption of the CC4CA Policy Statement, which is established by a Steering Committee representing all communities by unanimous consent, and identifies legislative issues of interest to the town; WHEREAS, the Town of Vail’s Environmental Sustainability Strategic Plan, adopted by the Vail Town Council in 2009, includes Goal #2, “Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse gas emissions and impact on global climate change”; WHEREAS, the Town of Vail supports the goals of the Climate Action Plan for the Eagle County Community of a reduction of greenhouse gas emissions of 25% by 2025 and 80% by 2050; and WHEREAS, the 2020-2021 CC4A Policy Statement is in alignment with the town’s adopted strategic plans, goals and objectives, and the Town Council Action Plan; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town Council hereby adopts the Colorado Communities for Climate Action (CC4CA) Policy Statement as attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. August 4, 2020 - Page 63 of 144 Resolution No. 32, Series of 2020 Page 2 of 2 INTRODUCED, READ, APPROVED AND ADOPTED this 4th day of August 2020. David Chapin, Mayor, Town of Vail ATTEST: Tammy Nagel, Town Clerk August 4, 2020 - Page 64 of 144 Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield · Carbondale Clear Creek County · Crested Butte · Dillon · Eagle County · Erie · Fort Collins · Fraser · Frisco · Gilpin County Glenwood Springs · Golden · Lafayette · Longmont · Louisville · Lyons · Mountain Village · Nederland · Northglenn Pitkin County · Ridgway · Salida · San Miguel County · Summit County · Telluride · Vail · Westminster CC4CA 2020-2021 Policy Statement Adopted by the Board of Directors on June 19, 2020 For Ratification By Each CC4CA Member Jurisdiction Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy priorities for 2020-2021 reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide the specific policies that Colorado Communities for Climate Action supports: Collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection and resilience. State and federal programs to reduce carbon pollution, including adequate and ongoing funding of those programs. Analyses, financial incentives, infrastructure, and enabling policies for the development and deployment of clean energy technologies. Locally driven and designed programs to support communities impacted by the clean energy transformation. Prioritizing policies that put people at the center of decision-making, minimizing disparities in growing the clean economy, especially for historically marginalized communities, and enhancing equitable outcomes for all. August 4, 2020 - Page 65 of 144 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reduce statewide carbon emissions consistent with or greater than the State of Colorado’s 2019 codified goals. 2. Secure accurate, frequent state greenhouse gas inventories and forecasts for Colorado which are made accessible to local governments and designed to be useful for stakeholders. 3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions that ensures the benefits accrue justly and equitably to impacted communities. 4. Expand consideration of the environmental and health costs associated with the use of fossil fuels in making and implementing climate-related policy. Local Climate Strategies 5. Remove barriers and promote opportunities that allow counties and municipalities to maximize the deployment of local clean energy and climate-related strategies, including resilience-oriented strategies, while promoting affordable, accessible, and equitable delivery of reliable clean energy. 6. Enable local governments to obtain the energy use and other data from utilities and state agencies that they need to effectively administer climate and clean energy programs. 7. Support a comprehensive public process for evaluating retail and wholesale energy choice options for communities, informed by a broad variety of stakeholders. 8. Support policies that promote the efficient use of energy in buildings. 9. Provide for cost-effective and equitable policies, strategies, and practices that enable and accelerate beneficial electrification, reduce GHG emissions, improve quality of life, and make the electric grid more robust and resilient. August 4, 2020 - Page 66 of 144 3 Energy Generation 10. Accelerate retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that protect both utilities and consumers. 11. Expand the ability of electric cooperatives to independently purchase local renewable electricity and take other steps to reduce carbon pollution. 12. Modernize energy infrastructure to enhance community-based resilience and integrate distributed energy resources. Energy Efficiency 13. Expand demand side savings from efficiency and conservation for all energy types. 14. Support ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households, including those from coal-dominated economies, so that all Coloradans have access to comfortable and affordable homes. 15. Support ongoing and sustainable funding for programs that assist communities in transition from coal-dominated economies. 16. Provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Transportation 17. Ensure effective implementation of Colorado’s vehicle emissions standards and other regulatory and programmatic activities designed to reduce carbon emissions from vehicles. 18. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. 19. Increase funding and policy incentives for multimodal transportation and multimodal-friendly development statewide. August 4, 2020 - Page 67 of 144 4 20. Incentivize and select mobility alternatives, including movement of both people and goods, based on energy efficiency and environmental costs and benefits. Fossil Fuel Extraction Activities 21. Expand monitoring and reduction of the full life cycle emissions from fossil fuel extractive industry activities. Solid Waste Reduction 22. Grant CDPHE the authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. 23. Reduce the use of disposable/single-use products and promote the reuse of materials, including construction and demolition waste. 24. Foster infrastructure, policies, incentives, and programs for reuse, recycling, and composting. General 25. Encourage the adoption of climate-positive innovations like telecommuting, drawing from the lessons learned during the coronavirus pandemic, to substantially reduce air and carbon pollution. 26. Promote proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change, including ensuring that disaster stabilization and recovery efforts result in reduced carbon pollution and improved resilience to future disasters. 27. Optimize the potential for carbon sequestration through regenerative agriculture, improved soil health, and forest management. 28. Incorporate equity, accessibility, and just transition considerations into climate policies and actions. 29. Encourage investments that achieve climate-positive solutions, including policies that encourage entities investing public dollars to consider partial or full divestment as part of their investment strategies. 30. Maintain protections and authorities currently provided under environmental laws like the National Environmental Policy Act, the Clean Air Act, and the Clean Water Act. August 4, 2020 - Page 68 of 144 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 33, S eries of 2020, A Resolution of the Vail Town Council A uthorizing the Town Manger to enter into an I ntergovernmental Agreement with the Colorado Department of Revenue regarding S ales and Use Tax Software ("S UT S ") AT TAC H ME N TS: Description Resolution No. 33, Series of 2020 August 4, 2020 - Page 69 of 144 __________________________________________________________________________ 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 70 of 144 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. 2 August 4, 2020 - Page 71 of 144 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 3 August 4, 2020 - Page 72 of 144 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.” 4 August 4, 2020 - Page 73 of 144 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          5 August 4, 2020 - Page 74 of 144 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             6 August 4, 2020 - Page 75 of 144 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. 7 August 4, 2020 - Page 76 of 144 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            8 August 4, 2020 - Page 77 of 144 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             9 August 4, 2020 - Page 78 of 144 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: __________  10 August 4, 2020 - Page 79 of 144 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            11 August 4, 2020 - Page 80 of 144 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  12 August 4, 2020 - Page 81 of 144 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 34, S eries of 2020, A Resolution of the Vail Town Council E xtending the Declaration of a L ocal Disaster Emergency AT TAC H ME N TS: Description Resolution No. 34, Series of 2020 August 4, 2020 - Page 82 of 144 1 RESOLUTION NO. 34 SERIES 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL EXTENDING THE DECLARATION OF A LOCAL DISASTER EMERGENCY WHEREAS, on March 10, 2020, the Governor of the State of Colorado recognized the COVID-19 pandemic and declared a state of emergency; WHEREAS, on March 13, 2020, the Town Manager declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's Home Rule Charter; WHEREAS, on March 17, 2020, the Town Council ratified the Town Manager’s Declaration and extended it for 30 days; WHEREAS, the Town Council has continued to further extend the Town Manager’s Declaration in accordance with state law; and WHEREAS, the emergency conditions caused by the COVID-19 pandemic, as defined by C.R.S. § 24-33.5-702 and the Charter, persist and require additional and sustained action by the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Declaration of a Disaster Emergency in and for the Town of Vail, a copy of which is attached, is hereby extended to September 1, 2020. Section 2. This Resolution shall take effect immediately. INTRODUCED, READ, APPROVED AND ADOPTED THIS 4th DAY OF August 2020. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 4, 2020 - Page 83 of 144 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: A n escrow agreement between the Town of Vail and ChargePoint. AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests the Vail Town Council review the escrow agreement. B AC K G RO UND: The Town of Vail has received a grant in the amount of $200,091, for four L evel I I I , D C fast charge electric vehicle charging stations from the State of Colorado, facilitated by ChargeP oint, to be installed in the L ionshead P arking Structure. The donation agreement (A ttachment A ), has already been executed. T he escrow agreement (A ttachment B) allows the funds to be held and dispersed. S TAF F RE C O M M E ND AT IO N: Direct the Town Manager to execute the escrow agreement between the Town of Vail and ChargeP oint. AT TAC H ME N TS: Description Attachment A - ChargePoint E V Charging Station Grant Donation Agreement Attachment B - Escrow Agreement between ChargePoint and the Town of Vail August 4, 2020 - Page 84 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 85 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 86 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 87 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 88 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 89 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 90 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 CFO Rex S. Jackson August 4, 2020 - Page 91 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 92 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 93 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 94 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 95 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 96 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 97 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 98 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 99 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 100 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 101 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 102 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 103 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 104 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 105 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 106 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 107 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 108 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 109 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 110 of 144 DocuSign Envelope ID: E5B2EEDE-810C-44BB-AEB5-427462D8C039 August 4, 2020 - Page 111 of 144 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: Town Council’s Alternative Housing S ites I nitiative Update 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 nformational only. B AC K G RO UND: The Town Manager will present a brief update about the Town Council’s alternative housing sites initiative, the development of deed restricted housing and a new future location for the child learning facility. Based on public input received at the 7/21/20 Council meeting, discussions continue with Vail Resorts, I nc. and Triumph Development related to the B ooth Heights property in E ast Vail and town-owned Middle Creek L ot 3. An updated draft Memorandum of Understanding will be presented to the community for further comment once mutually-agreed upon deal points are further refined. Town staff continues to work on a diverse number of components associated with the initiative related to forest health in East Vail on US F S land, deed restricted housing, and an MO U with the nonprofit Children’s Garden of L earning focused on securing the childcare center a high quality future home. AT TAC H ME N TS: Description Public Comment August 4, 2020 - Page 112 of 144 August 3, 2020 To: Vail Town Council, Kevin Foley, Town Manager Public Comment : April 4th Evening Meeting Ladies & Gentlemen: I see from the 50+ written comments submitted last week, that of those not commenting on CGL, I am not too original in my thinking. The overwhelming majority urge you to de-couple the VLHA/AHSI (housing plan) from the Booth Heights/ Bighorn proposals, and all want assurance this will be designated open space up front. Most also think as it stands, it is unnecessarily complicated, and many agree the financial timing for such long-term commitments is foolhardy. However, as a dedicated “Housing Nut” in the 90’s w/ Vail Tomorrow, I can answer former Mayor Ford on why the plan was ignored by the community which had repeatedly endorsed affordable housing for the workforce so whole-heartily. I suspect Kevin Foley can also. The reason is over-reaching and is instructive in the present situation. A hard-working committee of advocates had approved in concept one plan, the final plan with input from VLHA was turned into a much more ambitious plan by a bright young Housing Director before being released to the community. It also called over much protest for the full development of the Lower & Middle Benches of Donovan Park, (the Third Rail of Vail politics). The plan was DOA on arrival, though many of us advocates did not initially realize that, and our gifted young Housing Director was soon relieved of his position. As Mayor Ford said the plan has “gathered dust” these 20 years. I continue to believe this agreement, however ingenious or diabolical as it may be regarded, is WAY too complicated and the timing HORRID. De-coupling the housing plan from the land swap that is called for is the appropriate solution. Meanwhile BEWARE of over-reaching by ambitious Housing Directors, however bright they may be. Your old friend, Anne Esson August 4, 2020 - Page 113 of 144 1 Tammy Nagel From:Tom Vucich <vucicht@gmail.com> Sent:Tuesday, August 4, 2020 11:08 AM To:Council Dist List Cc:Scott Robson Subject:BH Alternative Site Initiative Dear Council‐  After the council meeting on July 21st and related public comment on the draft MOU for Booth Heights it is clear that  the majority (90+%) of the respondents are firm in their desire to see important changes to that document.    I understand Scott Robson will update you (and the public) tonight on "deal points" that VR may have sought in further  negotiations since the 7/21/20 council meeting.  My feelings are that any of those points are unrelated to the primary  issues that the public comments reflected on 7/21.     The inclusion of "milestones"  for deed‐restricted housing numbers, the completion of the wildfire fuels  mitigation/wildlife habitat effort, and what happens to the BH parcel when the town does take title, appear to actually  be negotiating points within the Town of Vail itself‐‐i.e. the housing department, other town staff, VLHA (and perhaps  some council members?).  If VR/TD are attempting to include those points as part of the deal they shouldn't, and I would  see no reasonable explanation why they would.    My hope is that those issues can be eliminated from the draft MOU in a revised version soon‐‐especially considering the  timeline for this initiative originally laid out in June of this year.     Can/will any of you speak to this issue tonight after Scott Robson's update?  I think the public needs to hear your  thoughts/positions on what the public has commented on thus far.    Thank you.  Tom Vucich  Vail    August 4, 2020 - Page 114 of 144 1 Tammy Nagel From:Blondie Vucich <runblondie49@comcast.net> Sent:Tuesday, August 4, 2020 11:54 AM To:Council Dist List Subject:Public comment Dear Town Council,    I ask you to carefully consider 3 elements that reflect the desires of your constituents.    #1 Public Input      Vail residents have spoken loudly and clearly over the past few years. They want the Booth Heights parcel preserved  and the Bighorn sheep protected. And now the draft MOU has come under public scrutiny. Over 90% of the 49 public  comment submissions thus far clearly indicate residents want a clean swap. They do not want the Booth Heights parcel  being held hostage by a vigorous, complex housing initiative. The overwhelming majority want to unbundle these  housing goals and milestones from the MOU.    #2 Town of Vail Survey      Vail residents have indicated their #1 priority is environment and wildlife.  Housing is definitely an important priority but it fell far short of being #1.    #3 The 2019 Town Council election       The results were clearly a referendum on the environment and wildlife with Booth Heights at the center. Citizens voted  to tip the balance of the Council in a more environmentally sustainable direction.     So, there you have it. Vail residents are showing up and speaking out and hope you are listening. They are using their  pens, their voices and their votes in order to be heard. Even during this pandemic when you are spared from a room full  of familiar faces, they are not giving up. This thinly veiled attempt to glean even more housing under the guise of saving  Booth Heights is not getting past the citizens without serious push back.     I urge you to amend the MOU so it will clearly reflect the original intent which was to gain title to Booth Heights,  preserve it as open space and protect the sheep and to provide a parcel of equal or greater value to Triumph  Development and Vail Resorts for the development of 144 housing units.    Sincerely,  Blondie Vucich    Sent from my iPad  August 4, 2020 - Page 115 of 144 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 35, S eries of 2020, A Resolution of the Vail Town Council E stablishing the Vail Commercial Rent Relief P rogram and Directing the Town Manager to Provide for the Proper A dministration of the Vail Commercial Rent Relief Program P RE S E NT E R(S ): Mia Vlaar, E conomic Development Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 35, Series of 2020 B AC K G RO UND: The Vail business community has requested the Town develop a rent relief program for commercial business owners, a program that would be funded and facilitated by the Town. The Resolution approves the recommended program to support Vail’s economic recovery with a commercial rent relief program for local storefront businesses. AT TAC H ME N TS: Description Memo Commercial Rental Relief Program 080420 Resolution No. 35, Series of 2020 August 4, 2020 - Page 116 of 144 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 117 of 144 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 118 of 144 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 119 of 144 1 7/31/2020 RESOLUTION NO. 35 SERIES 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL ESTABLISHING THE VAIL COMMERCIAL RENT RELIEF PROGRAM AND DIRECTING THE TOWN MANAGER TO PROVIDE FOR THE PROPER ADMINISTRATION OF THE VAIL COMMERCIAL RENT RELIEF PROGRAM WHEREAS, on March 10, 2020, the Governor of the State of Colorado recognized the COVID-19 pandemic and declared a state of emergency; WHEREAS, on March 13, 2020, the Town Manager declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's Home Rule Charter; WHEREAS, the emergency conditions caused by the COVID-19 pandemic, as defined by C.R.S. § 24-33.5-702 and the Charter, persist and require additional and sustained action by the Town; and WHEREAS, the Town Council finds and determines that the establishment of a commercial rent relief program (the “Program”), in substantially the form as set forth the attached Exhibit A, is in the best interest of the public health, safety and welfare. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Council hereby establishes the Program, which shall initially be funded with up to $1,000,000 from the Town's General Fund, which funding is evidenced by a budget amendment approved by the Town Council on July 21, 2020. Section 2. The Town Manager is hereby directed to implement the Program and to provide for the proper administration of the Program to ensure that all monies in the Vail Relief Fund are used for the purposes set forth herein and distributed in an equitable manner. INTRODUCED, READ, APPROVED AND ADOPTED THIS 4th DAY OF AUGUST 2020. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk August 4, 2020 - Page 120 of 144 EXHIBIT A 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. 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. August 4, 2020 - Page 121 of 144 • 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. 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. August 4, 2020 - Page 122 of 144 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: A n Ordinance Amending Title 4, Chapter 3 of the Vail Town Code to Define E conomic Nexus and Update Methods for Collection and Remittance of S ales Tax. 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: A pprove, approve with amendments or deny Ordinance No.9, S eries 2020 upon first reading. 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. As part of participating in this software, adoption of Ordinance No. 9, Series 2020 will update the town code to modify and add certain standard definitions to the town's sales tax code. S TAF F RE C O M M E ND AT IO N: A pprove, or approve with amendments Ordinance No.9, Series 2020 upon first reading. AT TAC H ME N TS: Description Ordinance No. 9, Series 2020 August 4, 2020 - Page 123 of 144 __________________________________________________________________________ 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 11 August 4, 2020 - Page 124 of 144 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. 222 August 4, 2020 - Page 125 of 144 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 3 August 4, 2020 - Page 126 of 144 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 4 August 4, 2020 - Page 127 of 144 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 5 August 4, 2020 - Page 128 of 144 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 6 August 4, 2020 - Page 129 of 144 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 7 August 4, 2020 - Page 130 of 144 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 8 August 4, 2020 - Page 131 of 144 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 9 August 4, 2020 - Page 132 of 144 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: Ordinance No. 8, S eries 2020, Second Reading, A n Ordinance Making A djustments to the Town of Vail General F und. P RE S E NT E R(S ): Carlie Smith, Financial S ervices Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No. 8, Series 2020. B AC K G RO UND: P lease see attached memo. S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 8, Series 2020. AT TAC H ME N TS: Description Ordinance 8, Series 2020 2nd Reading August 4, 2020 - Page 133 of 144 TO: Vail Town Council FROM: Finance Department DATE: August 4, 2020 SUBJECT: Ordinance 8, Series 2020 Budget Supplemental for Economic Relief Efforts I. SUMMARY The purpose of this supplemental is to appropriate funds for the town’s commercial rent relief program. II. DISCUSSION Changes to the budget supplemental request from the first reading Marketing Fund Staff has included $20,000 placeholder in the Marketing Fund (as a transfer from the General Fund) for the Vail Famers Market (Ren Events). During the 1st reading, Council voted to include $20,000 for the Vail Farmers Market to help cover additional event promoter expenses due to COVID in place of charging admission. Since this is an event funded by the Commission on Special Events (CSE), staff has asked Ren Events to present to the CSE for their input on the additional funding. The CSE meeting is being held on Wednesday, August 5th. Repeated from the 1st Reading on July 21st Commercial Rental Relief Program: The Vail Economic Advisory Committee (VEAC) and town staff are currently working to develop a unique model to support commercial rent for local storefront businesses in Vail in response to economic impacts of the public health crisis. While staff will present the final program for Council approval on August 4, staff is requesting that Town Council appropriate the dollars in the town budget so that upon finalization of the program it can be implemented immediately. Based on initial estimates and information from similar programs in Breckenridge and Aspen, staff proposes to allocate $1,000,000 of General Fund reserves for this program. August 4, 2020 - Page 134 of 144 - 2 - Additional economic recovery efforts also proposed in this budget supplemental include: • $26K entertainment infrastructure in Ford Park lower bench area (stage and PA system rental) (Real Estate Transfer Tax Fund) • $50K placeholder for entertainment activation in Ford Park lower bench area (Marketing Fund) • $20K placeholder for music activation in the villages (Marketing Fund) • $25K placeholder for additional recovery efforts (such as branded masks, etc) (General Fund) This will result in an ending General Fund balance of $28.7M, or 65% of normal annual revenues. III. ACTION REQUESTED Staff requests that the Town Council, approving Ordinance No.8, allocating $1,000,000 of General Fund reserves for the town’s commercial rent relief program, and $141,000 of additional economic recovery efforts. August 4, 2020 - Page 135 of 144 Significant Major CrisisProposed2020 1st COVID-19 2020 2nd COVID-19 COVID-19 2020 3rd 2020Budget Supplemental Adjustments Amended Supplemental Adjustments Adjustments Amended Supplemental AmendedRevenueLocal Taxes:28,524,000$ (7,150,000)$ 21,374,000$ (2,174,000)$ (2,400,000)$ 16,800,000$ 16,800,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 66/34 68/32 68/32 Sales Tax 17,685,000 (3,575,000) 14,110,000 (1,054,000) (1,632,000) 11,424,000 11,424,000 Property and Ownership 5,900,000 5,900,000 5,900,000 5,900,000 Ski Lift Tax 5,300,000 (1,060,000) 4,240,000 (90,000) (270,000) 3,880,000 3,880,000 Franchise Fees, Penalties, and Other Taxes 1,175,440 400,000 1,575,440 1,575,440 1,575,440 Licenses & Permits2,400,000 2,400,000 (478,634) 1,921,366 1,921,366 Intergovernmental Revenue 2,075,088 250,000 (198,400) 2,126,688 36,460 (175,088) (11,800) 1,976,260 1,976,260 CARES Transit Grant - - 916,000 431,000 1,347,000 1,347,000 Transportation Centers 6,360,000 (1,029,600) 5,330,400 (416,000) (700,000) 4,214,400 4,214,400 Charges for Services 1,025,918 1,025,918 (16,431) 1,009,487 1,009,487 Fines & Forfeitures 250,476 250,476 250,476 250,476 Earnings on Investments 500,000 (300,000) 200,000 200,000 200,000 Rental Revenue 1,093,178 4,080 (90,000) 1,007,258 (112,000) (20,000) 875,258 875,258 Miscellaneous and Project Reimbursements 251,000 (120,000) 131,000 17,202 148,202 148,202 Total Revenue 44,016,100 654,080 (6,373,000) 38,297,180 53,662 (1,426,153) (2,202,800) 34,721,889 - 34,721,889 ExpendituresSalaries 20,499,231 22,857 (568,590) 19,953,498 3,345 (160,000) (476,800) 19,320,043 19,320,043 Benefits 7,377,769 9,143 (204,909) 7,182,003 (22,000) (62,000) 7,098,003 7,098,003 Subtotal Compensation and Benefits 27,877,000 32,000 (773,499) 27,135,501 3,345 (182,000) (538,800) 26,418,046 - 26,418,046 Contributions and Welcome Centers 289,626 (6,161) 283,465 283,465 283,465 All Other Operating Expenses 8,194,158 406,080 (810,363) 7,789,875 50,317 (122,151) (111,706) 7,606,335 25,000 7,631,335 Heavy Equipment Operating Charges2,530,419 (253,042) 2,277,377 (17,050) 2,260,327 2,260,327 Heavy Equipment Replacement Charges845,122 845,122 845,122 845,122 Dispatch Services 661,194 (66,119) 595,075 66,119 661,194 661,194 Total Expenditures 40,397,519 438,080 (1,909,184) 38,926,415 53,662 (238,032) (667,556) 38,074,489 25,000 38,099,489 Transfer to Marketing & Special Events Fund (2,866,211) (65,000) 50,000 (2,881,211) 288,121 576,244 (2,016,845) (90,000) (2,106,845) Total Transfers (2,866,211) (65,000) 50,000 (2,881,211) - 288,121 576,244 (2,016,845) (90,000) (2,106,845) Planning ProjectsVail 2030(300,000) 300,000 - - - Civic Area/Dobson Master Plan(250,000) 50,000 (200,000) (200,000) (200,000) West Vail Master Plan(325,000) (325,000) (325,000) (325,000) COVID-19 Vail Community Relief Fund- (500,000) (500,000) (500,000) (500,000) COVID-19 operating expenses- - (141,000) (141,000) (141,000) Commerical Rent Relief Program- - - (1,000,000) (1,000,000) Total Expenditures 44,138,730 1,003,080 (2,309,184) 42,832,626 53,662 (526,153) (1,102,800) 41,257,334 1,115,000 42,372,334 Surplus (Deficit) Net of Transfers & New Programs(122,630) (4,535,446) - (900,000) (1,100,000) (6,535,445) (1,115,000) (7,650,445) Beginning Fund Balance 32,144,411 4,162,253 36,306,665 (900,000) (1,100,000) 36,306,665 36,306,665 Ending Fund Balance 32,021,782$ 31,771,219$ 29,771,219$ 28,656,219$ As % of Annual Revenues73% 72% 68% 65%EHOP balance included in ending fund balance - not spendable 890,000$ 466,400$ 1,190,000$ 1,190,000$ 1,190,000$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 3August 4, 2020 - Page 136 of 144 Proposed2020 1st COVID-19 2020 COVID-19 2020 COVID-19 2020Budget Supplemental Adjustments Amended Adjustments Amended Adjustments AmendedRevenueBusiness Licenses 325,000$ 325,000$ 325,000$ 325,000$ Transfer in from General Fund 2,866,211 65,000 (50,000) 2,881,211 (864,365) 2,016,846 90,000 2,106,846 Earnings on Investments 3,000 3,000 3,000 3,000 Total Revenue 3,194,211 65,000 (50,000) 3,209,211 (864,365) 2,344,846 90,000 2,434,846 ExpendituresCommission on Special Events (CSE) 893,648 893,648 (268,094) 625,554 625,554 Education & Enrichment 154,530 154,530 154,530 154,530 Signature Events: Bravo! 296,934 296,934 296,934 296,934 Vail Jazz Festival 76,400 76,400 76,400 76,400 Vail Valley Foundation - Mountain Games 140,000 140,000 140,000 140,000 Vail Valley Foundation - Hot Summer Nights 28,050 28,050 28,050 28,050 Vail Valley Foundation - Dance Festival 54,633 54,633 54,633 54,633 Burton US Open 490,000 490,000 490,000 490,000 Fireworks 52,015 52,015 52,015 52,015 Destination Events: Snow Days 550,000 550,000 550,000 550,000 Spring Back to Vail 300,000 300,000 300,000 300,000 Other Event Funding: Revely Vail 155,000 50,000 (50,000) 155,000 155,000 155,000 Vail Holidays Funding - 15,000 15,000 15,000 15,000 Vail Farmers Market20,000 20,000 Ford Park Entertainment50,000 50,000 Music in the Villages20,000 20,000 30% reduction across all signature events: - - (596,271) (596,271) (596,271) Collection Fee - General Fund 16,250 16,250 16,250 16,250 Total Expenditures 3,207,461 65,000 (50,000) 3,222,461 (864,365) 2,358,096 90,000 2,448,096 Revenue Over (Under) Expenditures(13,250) (13,250) (13,250) - (13,250) Beginning Fund Balance 274,288 386,837 386,837 386,837 Ending Fund Balance261,038$ 373,587$ 373,587$ 373,587$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEVAIL MARKETING & SPECIAL EVENTS FUND4August 4, 2020 - Page 137 of 144 Proposed1st COVID-19 20202nd COVID-19 2020 COVID-19 20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments AmendedRevenueReal Estate Transfer Tax 6,300,000$ 6,300,000$ 6,300,000$ 6,300,000$ 2020: flat with 2019 budget and 17.6% decrease from 2018Golf Course Lease168,317 168,317 168,317 168,317 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue20,000 1,180,000 (700,000) 500,000 500,000 500,000 2020: Re-appropriate $150K reimbursement from Eagle County and $1M from ERWSD (less $700K for cost savings) for the restabilization of Dowd Junction; Re-appropriate $30K fishing is fun grant; $20K lottery proceeds; 2019: $300K Eagle County reimbursement for Lupine open space parcel; $5K grant for curbside recycling programs- See corresponding expenditure below; $24.3K reimbursement from ERWS for the Dowd Junction retaining wall- See corresponding expenditure below; $30K Fishing is fun grant (carryforward from 2018); $39K GoCo grant (carryforward from 2018); $150K reimbursement from ERWSC and $1M from Eagle County for restabilization of Down Junction; $20K lottery proceeds Project Reimbursements- 20,000 20,000 20,000 20,000 2020: Re-appropriate $20K reimbursement for WestHaven stormwater filtration upgrades from Grand HyattDonations- 37,544 37,544 37,544 37,544 2020: Re-appropriate $37.5K unused donation from East West partners for Ford Park art space; 2019: $169.4K community funding for the Seibert Memorial- See corresponding expenditure below; $50K revenue recognition from East West Partners for Ford Park art space- See corresponding expenditure belowRecreation Amenity Fees10,000 10,000 10,000 10,000 Earnings on Investments and Other100,849 2,000 102,849 102,849 102,849 2020: 1.8% rate assumed; $32K bag fee reimbursement for Clean-Up Day and America Recycles Day; '2019:$32K Reimbursement from bag fee collections for Clean-Up Day and America Recycles Day. Total Revenue6,599,166 1,239,544 (700,000) 7,138,710 - - 7,138,710 - 7,138,710 ExpendituresManagement Fee to General Fund (5%)315,000 315,000 315,000 315,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management298,733 (6,947) 291,786 291,786 291,786 Operating budget for Wildland Fire crew; 2019 Added .5 FTE for wildland lead; Extra month of wildland crew to facilitate bighorn sheet habitat improvement project ($12.9K); 10% operating reductionTotal Wildland298,733 -(6,947) 291,786 - - 291,786 - 291,786 ParksAnnual Park and Landscape Maintenance1,816,014 (97,689) 1,718,325 4,000 (195,848) 1,526,477 26,000 1,552,477 Ongoing path, park and open space maintenance, project mgmt.; $26K for entertainment infrastructure at Ford Park Lower Bench; $4,000 for two new e-bikes for the trail host program; Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000). 2020 includes $43K for replacement of 27 year old large flower containers; 10% operating cuts and 0% merit remainder of yearPark / Playground Capital Maintenance125,000 50,108 175,108 175,108 175,108 2020: Re-appropriate $50.1K for small park projects; 2019 included $10K to replace and add additional drinking fountains and bottle filling stations at Vail parks; Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; Rec. Path Capital Maint140,000 140,000 140,000 140,000 Capital maintenance of the town's recreation path system; 2020: includes $50K replacement of wood slats on Nature Center/Ford Park bridgeTree Maintenance65,000 65,000 65,000 65,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement120,000 32,469 152,469 152,469 152,469 2020: Re-appropriate $32.5K for summer bike coral in parking structure; 2020 includes contract to assess pedestrian bridge ($15K); Additional 12 space bike racks near Amphitheater restroom/concessions building, school house and fields/concessions ($30K); '2019 includes pedestrian bridge inspection report ($25K), additional benches in Vail Village and bike racks ($7.3K); Annual replacement or capital repairs, benches, recycling and bike racksFord Park Landscape Enhancement: Parking Lot / Sport Central Portal- - - - 2019: DRB req'd parking lot plantings and landscape enhancements at Central Portal Pilot Project to reduce turf grass - - - - 2019: Turf grass reduction project at Buffehr Creek. This project will be a pilot example of ways to reduce turf grass in areas across town resulting in water and maintenance savingsCovered Bridge Pocket Park Rehabilitation- 82,088 82,088 82,088 82,088 2020: Re-appropriate $82.1K to complete Pocket Park rehabilitation; 2019: Streambank stabilization, riparian enhancements, walking surface replacement Stephens Park Safety Improvements- 292,306 292,306 161,000 453,306 453,306 2020: Transfer from East Vail Interchange for safety improvements; Re-appropriate Stephens Park safety improvements; 2019: Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990'sFord Park: Softball Weather Shelter- - - - 2019: Shelter at the Ford Park softball fields to provide weather and lighting protection for spectators and players ($645K); Add'l $60K requested for contingency onlyFord Park Improvements & Fields - 54,636 54,636 54,636 54,636 2020: Re-appropriate a portion of remaining funds to complete Ford Park landscaping improvementsTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 5 August 4, 2020 - Page 138 of 144 Proposed1stCOVID-19 20202nd COVID-19 2020 COVID-19 20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Vail Transit Center Landscape- 107,133 107,133 107,133 107,133 2020: Completion of landscaping at Vail transit centerFord Park Portal Improvements- - - - 2019:Final bills for improvements to Ford Park entry points ($2.5K)Sunbird Park Fountain Repairs120,000 3,000 123,000 123,000 123,000 2020: Repairs to fountain feature; requires excavation to get to leaking pipe; currently unable to run main center fountainFord Park Enhancement: Priority 3 Landscape area75,000 75,000 75,000 75,000 2020: Landscape playground/basketball berm, softball area, frontage rd. & east berms, below tennis courtsTotal Parks2,461,014 621,740 (97,689) 2,985,065 165,000 (195,848) 2,954,217 26,000 2,980,217 Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan- 375,389 (325,389) 50,000 50,000 50,000 2020: Defer Vail Valley Drive path extension; $50K to strip and design future improvementVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building- 375,389 (325,389) 50,000 50,000 50,000 2020: Defer Vail Valley Drive path extension; $50K to strip and design future improvementGore Valley Trail Bridge Replacement- 10,000 10,000 10,000 10,000 2020: Re-appropriate $10K for final design bills for Gore Valley Trail realignment; 2019: Reconstruction of south bridge abutment due to significant scour and replacement of bridge structureGore Valley Trail Realignment - 67,182 67,182 200,000 267,182 267,182 2020: Bring forward 2021 budget for design work; Re-appropriate $67.2K for Gore Valley trail re-alignment design; 2019: Design feasibility study for Gore Valley Trail Realignment at Lionshead gondola ($50K) East Vail Interchange Improvements- 451,284 451,284 (161,000) 290,284 290,284 2020: Transfer $161K to Stephen's Park safety improvements; Re-appropriate $451.3K to continue East Vail interchange project; 2019: $793.6K for landscaping, design, and construction of the interchangeDowd Junction repairs and improvements- 2,101,437 (1,400,000) 701,437 701,437 701,437 2020: Continue Re-stabilization of Dowd Junction path ($2.1M); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC); offset with reimbursement of $150K reimbursement from Eagle County and $300K reimbursement from ERWSD; $1.4M cost reductionGore Valley Trail Reconstruction (Conoco to Donovan)- 25,000 25,000 25,000 25,000 2020: Re-appropriate to complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge- 233,380 233,380 233,380 233,380 2020: $235K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge to coincide with the Red Sandstone parking garage projectTotal Rec Paths and Trails- 3,639,061 (2,050,778) 1,588,283 39,000 - 1,627,283 - 1,627,283 Recreational FacilitiesNature Center Operations90,000 90,000 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Capital Maintenance145,292 145,292 145,292 145,292 2020: Wood siding and trim ($9.5K), window replacement ($10.3K), exterior door repairs ($7.6K); steep slope roofing replacement ($27.5K); signage ($17.2K), paths and walkways ($6.9K), timber stairway ($12.2K), shade structure reconstruction ($36.0K)Nature Center Redevelopment- 383,522 383,522 383,522 383,522 2020: Re-appropriate $383.5K for further planning and design for a nature center remodel; 2019: $434K Design new Nature Center Remodel/StructureRecreation Facility Maintenance- 25,000 25,000 25,000 25,000 $25K for general RETT facility maintenanceGolf Clubhouse & Nordic Center- 33,824 33,824 33,824 33,824 2020: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities235,292 442,346 -677,638 - - 677,638 - 677,638 EnvironmentalEnvironmental Sustainability523,736 (10,334) 513,402 (37,440) 475,962 475,962 Annual operating expenditures for Environmental department (4 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc. 2020 Energy Coordinator FTE requested; 10% reduction in operating expense and 0% merit impactRecycling and Waste Reduction Programs152,500 73,000 (7,955) 217,545 217,545 217,545 2020: Re-appropriate $55K for Love Vail website; $10K to continue recycled art project; Reclass $7.5 Recycling Education from energy and transportation to Recycling Programs project code, new request $10K for single haul consultant; 2020: Love Vail website improvement ($30K); ; Annual expenditures: Green Team ($2.5K); Eagle County recycling hauls (reimbursed) $(25K); Zero Hero recycling at events ($25K); Actively Green contract ($40K); Recycling compliance, education, public art and compost pilot ($30K); 2019: Love Vail Phase I $20K, Waste Education $34.5K, Green Team $2.5K, Love Vail Phase II $25K, Recycling and Compost $25K, Zero Hero $25K;Ecosystem Health233,500 44,413 (52,000) 225,913 225,913 225,913 2020: Re-appropriate $45.9K for NEPA contract for bighorn sheep improvement project (Defer to 2021); Annual wildlife forum ($2.5K) cancelled in 2020; CC4CA Retreat - host community ($3K); Sustainable Destination contract ($30K); Trees for Vail $5K; Strategic Plan completion and phase I rollout ($10K); Biodiversity study as outcome of open lands plan ($50K); Forest Ranger program ($33K); wildlife habitat improvements ($100K); 2019: Wildlife habitat program (NEPA study, field work) ($75K); Front Range Program $33K, Trees for Vail $5K, Sustainable Destination Contract $30k, CC4C Retreat $2.5K, Annual Wildlife Forum $2K Energy & Transportation72,500 72,500 72,500 72,500 2019: Energy Smart $40k, Sole Power sponsorships $7.5K, Energy Program $57K; 1.3K Sole Power prizes; 2020: E-bike pilot program research ($25K); Annual expenditures: Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); Streamtract Education/Mitigation50,000 31,800 81,800 81,800 81,800 2020: Re-appropriate $31.8K for project Re-wild; 2019: Includes water quality and streamtract education, outreach, signage and marketing; private streambank funding; 2020-2021: Ongoing streamtract education programming such as "Lunch with Locals", landscape workshops, City Nature Challenge and storm drain art6 August 4, 2020 - Page 139 of 144 Proposed1st COVID-19 20202nd COVID-19 2020 COVID-19 20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Water Quality Infrastructure1,000,000 (750,000) 250,000 250,000 250,000 2019: Continuation of water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" includes $135K for water mitigation roof runoff grant at PW; 2019-2021 funds to continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; Defer $750K to 2021; 2020 project will be design of West Vail water quality Streambank Mitigation400,000 280,782 680,782 680,782 680,782 2019-2021 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2019 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above East Vail Water Quality TAPS- - - - 2019: Completion of East Vail Water Quality ImprovementsGore Creek Interpretive Signage81,000 71,450 152,450 152,450 152,450 2020: Re-appropriate $71.5K for Phase I of Gore Greek Interpretive signage (design); 2020: Phase II of Gore Creek Interpretive Signage includes installation of "story stations" and interpretive picnic table tops.PW Solar Project1,100,000 (1,100,000) - - - 2020: Installation of solar panels at Public Works Shops; Defer to 2021Open Space Land Acquisition250,000 (250,000) - - - 2019: $600K purchase of Lupine parcel with Eagle County- see corresponding reimbursement above; $50K for open space surveys/studies; 2019/2023 $250K annual set aside for purchase of open space - defer to 2021Total Enviromental3,863,236 501,445 (2,170,289) 2,194,392 - (37,440) 2,156,952 - 2,156,952 ArtPublic Art - Operating130,771 130,771 130,771 130,771 Art in Public Places programming and operationsPublic Art - General program / art60,000 538,022 (538,022) 60,000 60,000 60,000 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Defer carryover amount to 2021 while keeping annual expense intactPublic Art - Winterfest30,000 26,094 56,094 56,094 56,094 2020: Re-appropriate $24.1K for Winterfest, $2K for damaged ice sculpture reimbursement; Winterfest $30K per yearSeibert Memorial Statue- - - - 2019: Pete Seibert Memorial statue- See corresponding community reimbursement aboveArt Space- 37,544 37,544 37,544 37,544 2019: Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art220,771 601,660 (538,022) 284,409 - - 284,409 - 284,409 ContributionsBetty Ford Alpine Garden Support71,094 71,094 71,094 71,094 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseEagle River Watershed Support40,000 40,000 40,000 40,000 Annual support of the Eagle River Watershed Council programs Adopt A Trail5,100 5,100 5,100 5,100 Adopt A Trail Council Contribution for trails in or bordering the TownTotal Contributions116,194 --116,194 - - 116,194 - 116,194 VRD-Managed Facility ProjectsRecreation Enhancement Account168,317 373,348 541,665 541,665 541,665 2019: Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($141,604), Transfer $240K to golf course other ; This amount will not be spent in 2020, but not removing because this account reserve is a term of the lease with VRDGolf Clubhouse- - - - 2019: Wood trim repairs ($40K), AC and catering kitchen improvements ($30K); 2022: Wood Trim repairs ($20.2K); 2024: Roof maintenance ($12.8K)Golf Course - Other 494,636 227,873 722,509 722,509 722,509 2020: Re-appropriate $227K to complete reconstruction of maintenance building, parking and asphalt repairs, and drainage improvements; 2019: $511K for reconstruction of the golf maintenance buildings, improvements to the 14th and 15th hole bridges. and parking drainage improvements. Parking lot asphalt repairs ($10K), repair asphalt at maintenance building ($3K), replace roof on maintenance building ($161.2K), replace wood trim at maintenance building ($2.7K); 2020: chain link-netting hybrid safety fence ($230K); complete asphalt repairs ($75K); repair wood trim on maintenance building ($25.8K), privacy fence repairs($2.2K), replace roof ($161.2K); 2021:course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M); 2022: VRD shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K); 2023: Clubhouse walkways($12.4K); Clubhouse drain pans ($18.9K); 2024: Maintenance privacy repairs ($2.5K)Dobson Ice Arena- 161,023 161,023 161,023 161,023 2020: Reappropriate to complete pavers and roof repairs ($161K); 2019: Complete pavers and concrete slab replacement ($54K); rock wall repair ($10.5K); roof snow removal contract ($44K); Repair exterior doors ($96K), window repairs ($7K); 2020: Projects delayed to 2021 for results of Civic Center master plan; 2021: Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), restroom remodel ($78.7K), rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim ($9.3K); Repairs to exterior doors ($5.5K); exhaust stack repairs ($2.9K); 2023: grading and drainage repairs ($9.3K), rockwall repair ($15K), brick paver repairs ($16.9K), central air upgrades ($12.5K); 2024: Wood trim repairs ($10.4), chemical feed system repairs ($5.6K)7 August 4, 2020 - Page 140 of 144 Proposed1stCOVID-19 20202nd COVID-19 2020 COVID-19 20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Ford Park / Tennis Center Improvements91,467 72,000 163,467 163,467 163,467 2020: Re-appropriate $72K for replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), restroom remodel (50K); 2020: Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K); 2019: Complete replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), restroom remodel (50K); Athletic Fields - 6,000 6,000 6,000 6,000 2020: Re-appropriate for sealcoat and crack fill in parking lot; 2019: Seal coat and crack fill in parking lot ($6K); Gymnastics Center- 258,608 258,608 258,608 258,608 2020: Re-appropriate $21K and increase budget by $200K for the installation of a new cooling system; 2019: Installation of cooling system in 2018 ($60K); 2022: Restroom remodel ($42.6K)Total VRD-Managed Facility Projects 754,419 1,098,852 -1,853,271 - - 1,853,271 - 1,853,271 Total Expenditures8,264,660 6,905,104 (4,863,725) 10,306,039 204,000 (233,288) 10,276,751 26,000 10,302,751 Other Financing Sources (Uses)Transfer from General Fund- Transfer from Capital Project Fund3,000 3,000 3,000 3,000 Revenue Over (Under) Expenditures(1,665,494) (5,662,560) 4,163,725 (3,164,329) (204,000) 233,288 (3,135,041) (26,000) (3,161,041) Beginning Fund Balance3,980,98714,675,97914,675,97914,675,979Ending Fund Balance2,315,492$ 11,511,650$ 11,540,938$ 11,514,938$ 8 August 4, 2020 - Page 141 of 144 Ordin ance No. 8, Series of 20 20 ORDINANCE NO. 8 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, MARKETING FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 1,115,000 Marketing Fund 90,000 Real Estate Transfer Tax 26,000 Interfund Transfer (90,000) Total $ 1,141,000 2. If any part, section, subsection, sentenc e, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants August 4, 2020 - Page 142 of 144 Ordin ance No. 8, Series of 20 20 thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as pr ovided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the p rovision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously r epealed or superseded unless expressly stated herei n. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of July, 2020, and a public hearing shall be held on this Ordinance on the 4th day of August, 2020, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Dave Chapin, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 4th day of August. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk August 4, 2020 - Page 143 of 144 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: A djournment 7:15 pm (estimate) August 4, 2020 - Page 144 of 144