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HomeMy WebLinkAbout2020-08-18 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E T IN G E vening Agenda Virtual 6:00 P M, August 18, 2020 Meeting to be held Virtually (access H igh Five Access Media livestr eam https://www.highfivemedia.org/live-five the day of the meeting and visit https://www.vailgov.com/town-council to participate in public comment) Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.J uly 7, 2020 Town Counc il Meeting Minutes 3.2.J uly 21, 2020 Town Council Meeting Minutes 3.3.Resolution No. 36, Series of 2020, A Resolution Approving and I ntergovernmental Agreement B etween the Town of Vail and the Eagle County Clerk and Recorder C oncerning a Coordinated E lection on November 3, 2020. 3.4.Vail Bus Barn Electric B us Chargers Contract Award Bac kground: The price of the c hargers was procured through the Sourcewell. a cooperative purchasing community combining the buying power of 50,000 government, educ ation, and nonprofit organizations. This purchase is eligible to be reimbursed by the grant the town rec eived for the conversion of the town shop to electric c harging. The projec t will be completed this fall. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Chargepoint to purchase four electric charges and associated equipment for the Vail Bus Storage fac ility at Public W orks in the amount not to exc eed $ 226,596. August 18, 2020 - Page 1 of 56 4.Town Manager Report (10 min.) 5.P resentations / Discussion 5.1.Update about Town Counc il I nitiative related to Children’s Garden of Learning Reloc ation 15 min. Presenter(s): Scott Robson, Town Manager Bac kground: An update will be presented about progress made with C GL disc ussions to relocate their fac ility. The town continues the dialogue with C GL to outline a memo of understanding showing support to C GL in facilitating the relocation of the facility, in both a temporary and permanent capacity. The Council’s initiative for play ing a role in helping make improvements in child-care service offerings will also involve broader regional c onversations with other agencies and Vail businesses. 6.Action Items 6.1.Resolution No. 37 Series of 2020, A Resolution Approving a First Amendment to Development Agreement Between the Town of Vail and Crossroads East One, LLC 30 min Presenter(s): Matt Mire, Town Attorney Bac kground: The Town and C rossroads East One, L L C , entered into a Development Agreement dated J uly 25, 2006. The Town and Crossroads wish to amend the Development Agreement to allow for a renovation to oc cur within the Solaris development as set forth the First Amendment to Development Agreement attached as Exhibit A to Resolution Number 37, Series 2020. 7.P ublic Hearings 7.1.Sec ond Reading of Ordinanc e No. 9, Series of 2020, A n Ordinanc e Amending Title 4, Chapter 3 of the Vail Town Code to Define E conomic Nexus and Update Methods for Collec tion and Remittance of S ales Tax. 5 min. Presenter(s): Alex J akubiec, Revenue Manager Action Requested of Counc il: A pprove, approve with amendments or deny Ordinanc e No.9, Series 2020 upon second reading. Bac kground: Following the 2018 Supreme Court decision in S outh Dakota vs W ayfair, Colorado began the process of complying with destination based sales tax collections. To simplify and c reate a less burdensome remittance proc ess for remote sellers, the State of Colorado c reated a tax simplification software allowing a single point of remittanc e. A s part of participating in this software, adoption of Ordinance No. 9, Series 2020 will update the town c ode to modify and add c ertain standard definitions to the town's sales tax code. Staff Rec ommendation: Approve, or approve with amendments Ordinanc e No.9, Series 2020 upon second reading. 8.Adjournment 8.1.Adjournment 7:15 pm (estimate) August 18, 2020 - Page 2 of 56 Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. August 18, 2020 - Page 3 of 56 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : J uly 7, 2020 Town Council Meeting Minutes AT TAC H ME N TS : Description July 7, 2020 Town C ouncil Meeting Minutes August 18, 2020 - Page 4 of 56 Town Council Meeting Minutes of July 7, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, July 7, 2020 6:00 P.M. Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the meeting was held in Vail Town Council Chambers and with virtual access provided through Zoom. The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Ric Almas, owner of Haagen-Dazs in Lionshead, expressed concern and disappointment over the lack of event activations in Lionshead especially during the America Days and Farmer Market. Village was packed but Lionshead was dead. Almas requested council spread the events out to include Lionshead. 2. Any action as a result of executive session There was none. 3. Award Recognition 3.1. Colorado Grand Scholarship Award Recognition Presenter(s): Jenn Bruno, Council Member; Ed O'Brien and Don Shires, Colorado Grand Representatives Background: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2020 award will be given to a senior student who attends one of the local High Schools. Ed O’Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. Bruno introduced this year’s Colorado Grand Scholarship recipient, Estefania Montserrat Godoy Vizcarra, a 2020 Battle Mountain High School senior. August 18, 2020 - Page 5 of 56 Town Council Meeting Minutes of July 7, 2020 Page 2 Ed O’Brien stated how impressed he was with Godoy’s application, essay and volunteer work. Godoy reflected on her education and her enjoyment of helping others achieve their goals. Godoy thanked the Colorado Grand and Council for choosing her. 4. Consent Agenda 4.1. May 5, 2020 Town Council Meeting Minutes Foley made a motion to approve the May 5, 2020 Town Council meeting minutes; Langmaid seconded the motion passed (7-0). 4.2. May 19, 2020 Town Council Meeting Minutes Foley made a motion to approve the May 19, 2020 Town Council meeting minutes; Langmaid seconded the motion passed (7-0). 4.3. Electric Charging Station install Contract Award Background: See attached memo Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with Encore Electric in the amount not to exceed, $62,120.00. Langmaid made a motion to authorize the Town Manager to enter into an agreement with Encore Electric not to exceed $62,120.00; Mason seconded the motion passed (7-0). 4.4. Synexis Dry Hydrogen Peroxide System Contract Award Background: See attached memo Staff Recommendation: Authorize the Town Manager to enter into an initial purchase agreement, in a form approved by the Town Attorney with Synexis in an amount not to exceed $183,450 as directed by the council, in addition to the ongoing maintenance for 2020. Langmaid made a motion to authorize the Town Manager to enter into an agreement with Synexis not to exceed $183,450.00; Foley seconded the motion passed (7-0). 5. Town Manager Report 5.1. Vail America Days Recap Robson noted the Vail America Days recap was discussed during the afternoon economic recovery discussion. Robson wanted to reassure the public and council that Lionshead was considered during the planning of this event and would be considered in the logistics of future events. 6. Presentations / Discussion 6.1. Police Use of Force Policy Discussion August 18, 2020 - Page 6 of 56 Town Council Meeting Minutes of July 7, 2020 Page 3 Presenter(s): Dwight Henninger, Police Chief; Ryan Kenney, Police Commander; Craig Bettis, Police Commander; and Police Sergeant Chris Botkins Background: On Friday, June 19, 2020, Governor Polis signed Senate Bill 20-217, Enhance Law Enforcement Integrity, into law. This presentation is an update to the new law requirements. Police Chief Henninger briefly reviewed Senate Bill 20-217 concerning police use of force. Commander Kenney reviewed Vail Police Departments’ use of force policies and explained the policy required few changes to comply with SB20-217. The complete policy manual was jointly managed by VPD and the Lexipol organization and followed the Colorado State model. Lexipol was in the process of updating all policies effected by SB217 and would issue policy updates in the coming days. Police Sergeant Botkins provided several demonstrations of use of force for council to see and explained Vail’s PD policy to exhaust all efforts to de-escalate a situation before using force. Commander Bettis showed body cam worn videos of situations the PD had been involved. The videos demonstrated the training the officers have had in de-escalating and using force if needed. Bettis stated the Vail PD have conducted a variety of training related to use force annually since 2015. 6.2. Vail Town Council's Alternate Housing Sites Initiative Memorandum of Understanding Presentation Presenter(s): George Ruther, Housing Director Action Requested of Council: No Town Council action is requested at this time. The Mayor and Town Council will hear public comment on this item during an evening public meeting on July 21st. Background: The purpose of this agenda item is to present a copy of the Memorandum of Understanding (MOU) prepared for the Vail Town Council’s Alternate Housing Site Initiative. The Vail Town Council will hold a public meeting on July 21st to review the MOU in greater detail and hear comment from the public. On January 16, 2020, Vail Mayor Dave Chapin announced that the Town of Vail had approached representatives from Vail Resorts and Triumph Development with the objective of exploring an alternate approach to the Booth Heights development approved for East Vail. In doing so, it was acknowledged that the desire of the Town was to pursue a win-win outcome that achieved an equitable balance between the adopted housing and environmental stewardship goals. The proposed memorandum of understanding outlines the details of an alternate housing site initiative. Staff Recommendation: The memorandum of understanding is being presented to the Vail Town Council and public on July 7th. To increase transparency and afford additional time for public review prior to sharing public comment, a public meeting on this item is being held on July 21st. Town staff recommends the Vail Town Council and members of the community listen to the presentation in preparation of public meeting on July 21st. Ruther reviewed the draft Memorandum of Understanding with council explaining the MOU was between the Town of Vail, Triumph Development, and Vail Resorts and it would serve to outline the terms and details of an understanding between the partners which included a mutual acknowledgement of each partners’ expectations, obligations, responsibilities with regard to a August 18, 2020 - Page 7 of 56 Town Council Meeting Minutes of July 7, 2020 Page 4 plan to pursue an alternate path to achieving the Town’s adopted housing and environmental stewardship goals. The key deal points of the MOU included: • An extension of the approved Booth Heights entitlements • Lot 3, Middle Creek Subdivision would be made available for a future deed restricted housing development as an alternate site to Booth Heights. • An EHU credit would be granted to Triumph Development/Vail Resorts for the deed- restricted homes developed on Lot 3. • The Timber Ridge Village Apartments would be redeveloped in the future assuring a notable increase in the number of deed restricted homes. • The Town would be granted the title to the Booth Heights Parcel in exchange for Triumph Development’s opportunity to develop Lot 3 and the Timber Ridge Village Apartments • Wildlife fuels reduction would occur, and wildlife habitat enhancements would be completed to protect Vail’s bighorn sheep herd. • The Vail community was assured of increasing the supply of deed-restricted homes and enhancing, protecting, and preserving the Booth Heights Parcel, on the Town’s terms. Ruther reviewed a potential timeline: ✓ August 4, 2020: Grant approval extending the Booth Heights entitlements ✓ December 31, 2020: Execute legally binding development agreements ✓ March 1, 2021: Achieve entitlement approvals for new homes on Lot 3 Middle Creek Subdivision ✓ September 15, 2021 – Nov 2022: Commence and complete construction of new homes on Lot 3 Middle Creek Subdivision ✓ September 15, 2021: Negotiate option to redevelop Tiber Ridge Village Apartments ✓ Subject to meeting milestones: Grant title to Booth Heights Parcel to the town Ruther stated public comment would be taken on the MOU during the July 21st town council meeting. Robson noted the MOU was incredibly innovative and he was looking forward to hearing more from Vail Resorts and the public. Mayor Chapin reiterated the MOU was non-binding, but hopefully it would lead to a development agreement in the future. Langmaid said she has been a part of the conversations and that citizens needed to under the 7 steps that George reviewed tonight. Langmaid was hopeful the arrangement would lead to a win-win situation for everyone. Foley was encouraged members of the public to read the draft MOU and be prepared to share their comments with Town Council in two weeks. There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 8:00 p.m. Respectfully Submitted, __________________________________ Dave Chapin, Mayor August 18, 2020 - Page 8 of 56 Town Council Meeting Minutes of July 7, 2020 Page 5 Attest: ___________________________________ Tammy Nagel, Town Clerk August 18, 2020 - Page 9 of 56 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : J uly 21, 2020 Town Council Meeting Minutes AT TAC H ME N TS : Description July 21, 2020 Town Council Meeting Minutes August 18, 2020 - Page 10 of 56 Town Council Meeting Minutes of July 21, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, July 21, 2020 6:00 P.M. Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the meeting was held virtually access provided through Zoom. The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Caitlin Murray from Bravo! Vail provided an update on summer programming and adjustments that were being made according to public health guidelines. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. June 2, 2020 Town Council Meeting Minutes Langmaid made a motion to approve the June 2, 2020 Town Council meeting minutes; Stockmar seconded the motion passed (7-0). 3.2. June 16, 2020 Town Council Meeting Minutes Langmaid made a motion to approve the June 16, 2020 Town Council meeting minutes; Foley seconded the motion passed (7-0). 3.3. Gore Valley Trail Contract Award Background: On April 21, 2020 presented preliminary design options for the realignment of the Gore Valley Trail through the Lionshead Ski Base area. Council selected a preferred option and directed staff to return with a proposal for final design and construction documents. Otak has provided a final proposal for the work in the amount of $172,000. August 18, 2020 - Page 11 of 56 Town Council Meeting Minutes of July 21, 2020 Page 2 Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Otak to complete the final design and construction documents for the realignment of the Gore Valley Trail through the Lionshead Ski Base area in the amount not to exceed $172,000.00. Langmaid made a motion to authorize the Town Manager to enter into an agreement with OTAK in the amount not to exceed $172,000; Foley seconded the motion passed (7-0). 4. Town Manager Report 4.1. Altair and Homestake Units Update (no material - verbal only) Robson informed council the Altair unit was ready to be placed on the market. The funds from the sale would go back into the housing funds. Homestake unit was currently being used by an emergency response employee through October and would look into relocating the employee to another unit later the Fall. . 4.2. Community Picnics (no material - verbal only) Community picnics had been cancelled this year due to COVID public health regulations. The program will be back summer 2021. 4.3. Designated Open Space Board of Trustees Update (no material - verbal only) Robson reported the Town received a request from the Vail Homeowners Association to designate middle bench of Donovan as open space. The Designated Open Space Board of Trustees (Town Manager, Town Council representative (Langmaid) and PEC representative (Ludwig Kurz, PEC Chair)) would meet to consider the open space elements/characteristics of the property and make a recommendation to council. Additionally, Robson stated the Town Attorney would return at Aug. 4 meeting to review conflict of interest laws currently on the books. This would help determine if council were interested in additional policies. 5. Presentations / Discussion 5.1. Public Input on draft Memo of Understanding Prepared to Implement Alternative Housing Sites Initiative Presenter(s): Scott Robson, Town Manager, Dave Chapin, Mayor Action Requested of Council: Public Input Session only. Background: The Vail Town Council is inviting community members to offer public comment on a draft memorandum of understanding document that outlines a series of steps between the town, Vail Resorts and Triumph Development that will determine future ownership and use of the Booth Heights property in East Vail while addressing the community priorities of housing and wildlife protection. August 18, 2020 - Page 12 of 56 Town Council Meeting Minutes of July 21, 2020 Page 3 Robson started the conversation with clarifying to the public that this was a council housing initiative and not the Vail Local Housing Authorities and the Town Manager’s office would be taking the lead on this project. Town owned Middle Creek Lot 3 property would be utilize for future deed restriction housing and the town would ensure the Children’s Garden of Learning would not have a gap in service due to relocation of their facility. Additionally, Robson acknowledged there was a lot of work to be done with the housing plan to meet the 2027 housing goal: 1. Housing Location 2. Public v. Private 3. Cost 4. Funding Mechanism Robson reminded the public the MOU was a draft document and council welcomed the public comments tonight. Public comment was called. Kerry Donovan, CO. State Senator and former Vail council member, shared remarks and statements she had received from Vail residents who requested she come to tonight’s meeting to speak on their behalf regarding the Children’s Garden of Learning. Donovan shared the following statements: “Comments falling on deaf ears”; “staff and council are defensive”; “lectured in stead of listened to”; “promised meetings that are not happening”; “threatening”; “strong disconnect”. Though she does not agree with the comments Donovan felt she should inform council of those concerns. Larry Stewart, Vail resident, applauded council for making the draft MOU available for public comment at this stage of negotiations. Stewart encouraged council to get a housing master plan that would outline the process of future development and accomplish the 2027 housing goals. Stewart was in favor of the swap but suggested taking the Middle Bench of Donovan Park off the table. Rob Ford, Vail resident and former council member, echoed concerns about the complexity of the MOU. He was appreciative of the Town Council's determination to make progress on the housing front and encouraged a housing master plan. Ford stated he and Foley worked together on a housing plan 20 years ago. Mike Browning, Vail resident, expressed concern the MOU was tied to the affordable housing goals that could delay a land trade with Vail Resorts. Browning stated wildlife should not be tied to affordable housing. Blondie Vucich, Vail resident, expressed concerns about protection of the bighorn sheep herd. Vucich stated there were many holes in the MOU and felt the Council could be losing the trust of the community. Leigh Carlson-Hernandez, Early Childhood Manager with Eagle County Department of Human Services, provided council an overview of the demand for early childhood education. She stated childcare facilities report there are many families on waiting lists. Pete Feistmann, Vail resident, thanked council for their service and taking public comment on the MOU. Feistmann agreed with other speakers about modifying the MOU regarding the timing and conditions of the proposed land swap. He questioned what would happen if Triumph doesn't build on the Middle Creek parcel especially during these economic times. Additionally, he suggested a termination clause in the agreements be furthered review. Tom Vucich, Vail resident, agreed with other speakers and asked what happens with the Booth Heights parcel if the town gains title to it. He suggested modifying the language to clarify what council’s intent for what the property would be used for so that future councils don’t face the same problems. Public comment was closed. August 18, 2020 - Page 13 of 56 Town Council Meeting Minutes of July 21, 2020 Page 4 Council thanked the public for their comments and emails regarding this matter. Additionally. Council wanted to reassure the CGL families that the council understood their concerns and no children would be displaced. 6. Action Items 6.1. Ordinance No. 8, Series 2020, Frist Reading, An Ordinance Making Adjustments to the Town of Vail General Fund. Presenter(s): Kathleen Halloran, Finance Director 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. Halloran reviewed Ordinance No. 8, Series of 2020 with council explaining the purpose of the supplemental was to appropriate funds for the town’s commercial rent relief program. Halloran stated staff proposed to allocate $1,000,000 of General Fund reserves for this program at this time. Additional economic recovery efforts also proposed in this budget supplemental included: • $26K entertainment infrastructure in Ford Park lower bench area (stage and PA system rental) • $50K placeholder for entertainment activation in Ford Park lower bench area • $20K placeholder for music activation in the villages • $25K placeholder for additional recovery efforts (such as branded masks, etc.) Halloran stated this would result in an ending fund balance of $28.7M, or 65% of normal annual revenues. There was no public comment. Mason inquired if there was support of four other council members to add $20,000 for the Vail Farmers Market to assist with public health response efforts. (4-3* Bruno, Coggin, Chapin opposed) Bruno felt the $20,000 was a CSE matter and not a council matter. Bruno stated the Farmer’s Market could figure it out and not be awarded for charging patrons to a free event. Coggin and Chapin agreed with council member Bruno. Halloran suggested keeping the $20,000 line item into the supplemental until second reading. Foley made a motion to approve Ordinance No. 8, Series of 2020 upon first reading with the addition of a $20,000 line item for the Farmer’s Market public health efforts; Stockmar seconded the motion passed (5-2*Coggin and Bruno opposed) There being no further business to come before the council, Foley moved to adjourn the meeting; Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 7:10 p.m. Respectfully Submitted, __________________________________ Dave Chapin, Mayor August 18, 2020 - Page 14 of 56 Town Council Meeting Minutes of July 21, 2020 Page 5 Attest: ___________________________________ Tammy Nagel, Town Clerk August 18, 2020 - Page 15 of 56 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. 36, Series of 2020, A Resolution A pproving and I ntergovernmental A greement B etween the Town of Vail and the E agle County C lerk and Recorder C oncerning a C oordinated Election on November 3, 2020. AT TAC H ME N TS : Description Resolution No. 36, Series of 2020 August 18, 2020 - Page 16 of 56 RESOLUTION NO. 36 Series of 2020 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE COUNTY CLERK AND RECORDER CONCERNING A COORDINATED ELECTION ON NOVEMBER 3, 2020 WHEREAS, the Town is considering calling a special election and adopting a ballot question for the November 3, 2020 general election; WHEREAS, if said ballot measure is approved the Town intends to hold a coordinated election with Eagle County; and WHEREAS, the Town and the Eagle County Clerk and Recorder wish to enter into an agreement with regard to the coordinated election (the “IGA”), attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the 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 18th day of August 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk August 18, 2020 - Page 17 of 56 Eagle County 2020 General Election IGA Page 1 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and ______________________ Concerning Tuesday, November 3, 2020 General Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and ____________________________________ concerning the Tuesday, November 3, 2020 General Election is made on _______________________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the General Election, and in accordance with state law, will conduct the General Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the General Election to enter into an agreement with the Clerk concerning the conduct of the General Election, to be signed no later than 70 days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit a ballot issue at the General Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the General Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A. Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. August 18, 2020 - Page 18 of 56 Eagle County 2020 General Election IGA Page 2 B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. C. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D. Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Recorder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by the Colorado Secretary of State, as amended; and policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2. The Clerk shall manage all voter registration records and correspondence. 3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to conduct the Election. 4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). August 18, 2020 - Page 19 of 56 Eagle County 2020 General Election IGA Page 3 6. The Clerk shall publish and post a notice of election as required by 1 -5-205 C.R.S. in the Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later than twenty (20) days prior to the Election. 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. B. Conduct of Election 1. The Clerk shall designate the proper number and locations of voter service and polling centers. All voting locations will be accessible to voters with disabilities. 2. The Clerk shall provide for the security and processing of all mail ballots and for the verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes. 3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronic transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 4. The Clerk shall conduct the required post-election risk limiting audit. 5. The Clerk shall conduct any mandatory or permissive recount. 6. The Clerk shall appoint canvas board and risk limiting audit board members, oversee the conduct of the canvass and risk limiting audit, and certify official results of the Election. 7. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 8. The Clerk shall preserve all election records relating to the Election for at least twenty-five months pursuant to 1-7-802 C.R.S. 9. The Clerk shall be the final decision maker on any substantive and proc edural issues regarding the conduct of the Election. August 18, 2020 - Page 20 of 56 Eagle County 2020 General Election IGA Page 4 C. Ballot Issue Notice (“TABOR Notice”) 1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior to the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S. The Clerk shall determine the least cost method for mailing the ballot issue notice, but at a minimum , the ballot issue notice shall be addressed and mailed to eligible voters at each address in Eagle County where one or more registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison 1. The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice con tent. To meet statutory and printing deadlines, the DEO shall respond to all Election-related written correspondence, electronic correspondence, phone calls, or any other communication from the Clerk/Contact Officer as soon as possible and no later than 12 hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within 12 hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence with 12 hours shall constitute approval allowing the Clerk to move forward. 2. The Political Subdivision has designated__________________________________________ whose mailing address is ______________________________________________________ and whose phone number is____________________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its DEO for the purpose of the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names actually situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. August 18, 2020 - Page 21 of 56 Eagle County 2020 General Election IGA Page 5 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. If the certification is not provided by the date specified here in, the Political Subdivision may not participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by the 70th day before the election, Tuesday, August 25, 2020. C. Ballot Content 1. The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 2. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203: a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty words (inclusive of the title) unless the Clerk provides written consent in advance. b. Such certified ballot content shall be delivered to the Clerk as an email attachment in Word format (see section C-2-g on pg. 6 for full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 5 p.m. on Friday, September 4, 2020 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. c. The political subdivision that issues certified ballot pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the political subdivision whose designated election official issued the incorrect certification. d. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sam ple ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear August 18, 2020 - Page 22 of 56 Eagle County 2020 General Election IGA Page 6 on the ballot, including correct title, order, capitalization, spelling, and punctuation. ● For candidates, specify titles of offices, the order of the names to appear for each office, and the order of offices. ● For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk determines specific numbering on the ballot). ● If the political subdivision has a TABOR issue on the ballot, the issue text must be in all uppercase as is dictated by law (e.g. TABOR Amendment). Definition of Ballot Issue and Ballot Question ● “Ballot issue” means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1 -41-102(4) and 1-41- 103(4), respectively. ● “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. Ballot Issues or Questions Vote Choice Options ● Yes/For or YES/FOR (capitalize for TABOR ballot issues) ● No/Against or NO/AGAINST (capitalize for TABOR ballot issues) e. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize printing of the ballots. From the time the Clerk delivers via email the ballot proof, the Political Subdivision has 12 hours to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot text, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue, question, or contest on the printed ballots. f. The Political Subdivision authorizes the Clerk to correct typographi cal errors and omissions and determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. g. The Political Subdivision shall certify its ballot content via email to the Clerk and Contact Officer in conformance with the following formatting guidelines: ● Software: Microsoft Word '03 or later (not PDF) ● Spacing: Single ● Font Type: Arial Narrow ● Font Size: 8 point ● Justification: Left August 18, 2020 - Page 23 of 56 Eagle County 2020 General Election IGA Page 7 ● All Margins: 0.5 inches ● Language: English (Spanish translation encouraged) ● Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and stacey.jones@eaglecounty.us Submissions not meeting these requirements will be rejected by the Clerk. h. The Designated Election Official (DEO) for a county, municipality, school district, or special district office must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exactly as certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 4, 2020. D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S. 2. The DEO shall transmit via email the summaries, fiscal information, and any other required material to the Clerk no later than forty-three (43) days, Monday, September 21, 2020 (Appendix A) before the Election in final written form in accordance with the formatting guidelines for ballot certification (see formatting bullet points listed above). Submissions not meeting these requirements will be rejected by the Clerk. 3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to elec tion procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has 12 hours to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. August 18, 2020 - Page 24 of 56 Eagle County 2020 General Election IGA Page 8 E. Cancellation of Election 1. In the event that the Political Subdivision resolves not to hold the Election, notice of such resolution shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth (25) day before the election, Friday, October 9, 2020 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended. 2. The Political Subdivision shall provide notice by publication of the cancellation of the Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing these services to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk limiting audit as requested by the Clerk. 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. 5. The Political Subdivision shall follow the additional responsibilities in which non -resident property owners may be eligible to vote as set forth in Appendix D hereto. August 18, 2020 - Page 25 of 56 Eagle County 2020 General Election IGA Page 9 IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation o f election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, printing, labeling, postage, and mailing for the ballot issue notice. Said expenses shall be prorated among all Political Subdivisions participating in the ballot issue notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether Political Subdivision rescinds its intent to participate in the Election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or more candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot and any other challenges, both pre- and post-election, relating to the question of the Political Subdivision. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election. 7. The minimum charge for coordinating the Election with the Clerk for coordi nating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. August 18, 2020 - Page 26 of 56 Eagle County 2020 General Election IGA Page 10 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 26, 2020 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers and employees, from any and all losses, costs, demands , or actions arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction or control of the County shall use reasonable care in carrying out the ir obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or ● immediately upon hand delivery to Regina O’Brien, Clerk; or ● immediately upon receipt of confirmation that a fax or e-mail was received. To Clerk: Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 Fax: 970-328-8716 Email: regina.obrien@eaglecounty.us To Political Subdivision: fax: ________________________________________________ email: ______________________________________________ August 18, 2020 - Page 27 of 56 Eagle County 2020 General Election IGA Page 11 Time is of the Essence Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and Recorder, seventy (70) days before the Election, Tuesday, August 25, 2020 (Appendix A). The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed th is Agreement to be effective this day: ________________________________________ (Date) ________________________________________ Designated Election Official Date For _____________________________________ (Political Subdivision) ________________________________________ Regina O’Brien Date Eagle County Clerk and Recorder August 18, 2020 - Page 28 of 56 Eagle County 2020 General Election IGA Page 12 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for your reference. Dates in RED are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines:  Friday, July 24, 2020 – 100 days prior - If by 100 days before the election, a political subdivision has taken formal action to participate in an election that will be coordinated by the Clerk, the political subdivision shall notify the county clerk and recorder in writing. C.R.S. 1-7-116(5), 1-1-106(5)  July 30 – August 5, 2020 – IGAs will be mailed to participating entities. IGA will include address ranges that need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Assessor’s office to secure the particular property owner list.  Tuesday, August 25, 2020 – 70 days prior - Political subdivisions participating in the election must return signed IGAs to the county clerk and recorder. C.R.S. 1-7-116(2). Political subdivisions must verify and certify that all address ranges situated in political subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Please submit sooner if possible.  Friday, September 4, 2020 – Last day for the designated election official from each political subdivision to certify the ballot text to the county clerk and recorder as well as audio recordings of candidate names; deadline is 5 p.m. Please submit sooner if possible. C.R.S. 1-5-203(3)(a)  Week of September 14, 2020 – Equipment and Logic and Accuracy Testing  Tuesday, September 15, 2020 – Deadline for coordinating entities with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk.  Saturday, September 19, 2020 – No later than 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). C.R.S. 1-8.3-110(1)  Monday, September 21, 2020 – 43 days prior - Political subdivisions shall deliver the full text of any required ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in order to be included in the issue mailing. C.R.S. 1-7-904  Friday, October 2, 2020 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1- 106(5)  Friday, October 09, 2020 – 25 days prior - Last date for political subdivision to cancel election or withdraw ballot issue or question C.R.S. 1-5-208(2)  Friday, October 9, 2020 – First day ballots may be mailed, except for UOCAVA voters. C.R.S. 1-7.5- 107(3)(a)(I). 24-hour ballot drop boxes open available in Avon, Edwards, Eagle, El Jebel, and Basalt. Appendix A continued on page 2 August 18, 2020 - Page 29 of 56 Eagle County 2020 General Election IGA Page 13 Appendix A – Continued (page 2) CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION  Monday, October 19, 2020 – Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2)  Monday, October 26, 2020 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-201(3)(b)(III)  Tuesday, November 3, 2020 – Election Day - Polls open 7 AM – 7 PM. All ballots must be in the hands of the Clerk by 7 PM on Election Day to be counted.  Wednesday, November 25, 2020 – Deadline to certify election results. Official results will be forwarded to political subdivisions. C.R.S. 1-10-102(1), 1-10-103(1)  Monday, February 8, 2021 – Last day for the Clerk to mail invoices to districts for their share of election costs.  Friday, February 26, 2021 – Last day for districts to submit payment for election costs to Clerk’s office. August 18, 2020 - Page 30 of 56 Eagle County 2020 General Election IGA Page 14 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION August 18, 2020 - Page 31 of 56 Eagle County 2020 General Election IGA Page 15 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 3, 2020 GENERAL MAIL BALLOT ELECTION I, ___________________________________, as Designated Election Official for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. Designated Election Official Date for _____________________________________ (Name of Political Subdivision) August 18, 2020 - Page 32 of 56 Eagle County 2020 General Election IGA Page 16 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which non-Eagle County resident property owners who are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property owners. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners of real and personal property (and their spouses or civil union partners) are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1- 103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the political subdivision, the Clerk and Recorder will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the political subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been returned by the voter to the County Clerk and the County Clerk has verified the voter’s eligibility in the statewide voter registration system. The property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report 1. Review the Street Locator Report provided from the County Clerk and Recorder’s Office (Appendix B). August 18, 2020 - Page 33 of 56 Eagle County 2020 General Election IGA Page 17 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 4:30 PM on Tuesday, August 25, 2020 (70 days before the election). Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. Overseas and Military Voter List 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. Property Owner List 1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. 2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s lists. 3. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any special district property owners on the UOCAVA list. NOTE: UOCAVA ballots must be sent by Saturday, September 19, 2020 (1-8.3-110(1) C.R.S). It is the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Monday, September 7, 2020 to meet the deadline referenced in section 4 (below) to ensure statutory delivery of UOCAVA property owner ballots. 4. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 7, 2020. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 14, 2020 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 12, 2020 (22 days prior to the election). 6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Friday, October 18, 2019. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner August 18, 2020 - Page 34 of 56 Eagle County 2020 General Election IGA Page 18 households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. A self-affirming oath will be sent to each household that must be returned by each eligible elector (1- 13.5-202, C.R.S and 32-1-103(5), C.R.S.). 3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered voter in the State of Colorado but does not reside in the Political Subdivision. 4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self- affirmation (32-1-806, C.R.S). 5. Record each property owner ballot returned and signature verified. 6. Process ballots in the counting room. 7. Tabulate and certify results. August 18, 2020 - Page 35 of 56 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 : Vail Bus B arn Electric B us Chargers Contract Award B AC K G RO UND: T he price of the chargers was procured through the Sourcewell. a cooperative purchasing community combining the buying power of 50,000 government, education, and nonprofit organizations. T his purchase is eligible to be reimbursed by the grant the town received f or the conversion of the town shop to electric charging. T he project will be completed this fall. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney, with C hargepoint to purchase four electric charges and associated equipment f or the Vail B us S torage facility at P ublic Works in the amount not to exceed $ 226,596. AT TAC H ME N TS : Description Staff Mem August 18, 2020 - Page 36 of 56 To: Town Council From: Public Works Department Date: 8/1/2020 Subject: Vail Bus Barn Electric Bus Chargers I. ITEM/TOPIC Vail Bus Barn Electric Bus Chargers Contract Award II. BACKGROUND The town staff and the design team of Black and Veatch are completing the design regarding electric improvements at the Town of Vail Bus Storage Facility at the Public Works Shop. The design is in the final stages and being reviewed. The battery electric buses are scheduled to go into production at Gillig in September and are anticipated to be arriving in late October of 2020. There is an 8 to 12 week lead time for delivery of the chargers. The price of the chargers was procured through the Sourcewell. a cooperative purchasing community combining the buying power of 50,000 government, education, and nonprofit organizations. Sourcewell procurement conforms to the CDOT competitive procurement process. The town will contract directly with Chargepoint for the chargers. This purchase is eligible to be reimbursed by the grant the town received for the conversion of the town shop to electric charging. The project will be completed this fall. III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Chargepoint to purchase four electric charges and associated equipment for the Vail Bus Storage facility at Public Works. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Chargepoint to purchase four electric charges and associated equipment for the Vail Bus Storage facility at Public Works in the amount not to exceed $ 226,596. August 18, 2020 - Page 37 of 56 Town of Vail Page 2 August 18, 2020 - Page 38 of 56 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 : Update about Town Council I nitiative related to Children’s Garden of L earning Relocation P RE S E NT E R(S ): Scott R obson, Town Manager B AC K G RO UND: A n update will be presented about progress made with C G L discussions to relocate their facility. T he town continues the dialogue with C G L to outline a memo of understanding showing support to C G L in f acilitating the relocation of the f acility, in both a temporary and permanent capacity. The Council’s initiative f or playing a role in helping make improvements in child-care service offerings will also involve broader regional conversations with other agencies and Vail businesses. August 18, 2020 - Page 39 of 56 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. 37 S eries of 2020, A R esolution A pproving a F irst A mendment to Development A greement Between the Town of Vail and Crossroads E ast One, L L C P RE S E NT E R(S ): Matt Mire, Town A ttorney B AC K G RO UND: T he Town and Crossroads E ast One, L L C, entered into a D evelopment A greement dated J uly 25, 2006. The Town and Crossroads wish to amend the D evelopment A greement to allow for a renovation to occur within the S olaris development as set f orth the First A mendment to D evelopment Agreement attached as E xhibit A to R esolution Number 37, S eries 2020. AT TAC H ME N TS : Description Resolution No. 37, Series of 2020 August 18, 2020 - Page 40 of 56 RESOLUTION NO. 37 Series of 2020 A RESOLUTION APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND CROSSROADS EAST ONE, LLC WHEREAS, the Town and Crossroads East One, LLC, (“Crossroads”) entered into a Development Agreement dated July 25, 2006 (the “Agreement”); WHEREAS, The Town and Crossroads wish to amend the Agreement to allow for a renovation to occur within the Solaris development project; subject to the Agreement; and as set forth the First Amendment to Development Agreement (the “Amendment”), attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Amendment 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 Amendment 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 18th day of August 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk August 18, 2020 - Page 41 of 56 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “Amendment”) is made this ______ day of _______________, 2020 (the “Effective Date”), by and between the Town of Vail, Colorado, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 (the “Town”), and CROSSROADS EAST ONE, LLC, a Colorado limited liability company with an address of 141 East Meadow Drive, Suite 211, Vail, CO 81657 (“Crossroads”) (each individually a “Party” and collectively the “Parties”). WHEREAS, the Parties entered into a Development Agreement dated July 25, 2006 (the “Agreement”); WHEREAS, Crossroads wishes to renovate the premises subject to the Development Agreement; and WHEREAS, the Parties wish to amend the Agreement as set forth in this Amendment. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. Section 2.b.vii. of the Agreement is hereby deleted in its entirety and replaced with the following: vii. Required Public Amenities. The Crossroads Project shall include one bowling alley (the “Bowling Alley”) and one entertainment venue (the “Entertainment Venue”) (each a “Required Public Amenity” and collectively the “Required Public Amenities”). The Entertainment Venue shall include at least two (2) movie screens and at least one (1) other amenity with a primary purpose to provide for the entertainment of customers and invitees of the Entertainment Venue, including without limitation a nightclub, music venue, restaurant, movie screen, performance art facility, or indoor recreational facility. Crossroads shall operate, or cause to be operated, the Required Public Amenities in good faith for the life of the SDD and in material conformity with standards generally and ordinarily observed by recognized first-class operators of similar facilities in the Denver, Colorado metropolitan area. Nothing herein shall be construed to limit (i) other uses within the Crossroads Project or appurtenant to a Required Public Amenity, in each case to the extent otherwise permitted by applicable law, or (ii) the right of Crossroads or any operator of a Required Public Amenity to charge its customers and invitees or operate on a for-profit basis. A. Change of Use. In the event that Crossroads desires the right to permanently discontinue the operation of either Required Public Amenity, Crossroads shall provide not less than ninety (90) days’ prior written notice of such discontinuance to the Town. During such 90-day period, the Town and Crossroads shall use good faith efforts to negotiate an amendment to the Agreement to provide for the discontinuance of such Required Public Amenity. The Town shall not unreasonably withhold its consent to the discontinuance of any Required Public Amenity so long August 18, 2020 - Page 42 of 56 2 as the discontinued Required Public Amenity is replaced with one or more other public amenities. B. Penalty. If Crossroads deliberately ceases to operate or cause to be operated a Required Public Amenity for a period of one hundred twenty (120) or more consecutive days without the consent of the Town, commencing on the date that is one hundred twenty (120) days from such cessation, Crossroads shall pay to the Town a penalty of $5,000 per day that such Required Public Amenity is not operated. The Town may increase the penalty by multiplying the cumulative increases in the Consumer Price Index for the Denver-Aurora-Lakewood area, taking the year in which the applicable Required Public Amenity commenced operation as the base year. C. Off-Seasons. Crossroads shall operate, or cause to be operated, the Required Public Amenities year-round, in good faith, for the life of the SDD and shall not, in any event, suspend operations solely to avoid the economic consequences of poor attendance during seasonal lulls in local tourism. If Crossroads ceases to operate, or cause to be operated, the Required Public Amenities in violation of this paragraph for more than thirty (30) consecutive days during any off-season, or for more than (40) days of any sixty (60) day period during any off-season, Crossroads shall pay to the Town a penalty in the amount set forth in the immediately preceding paragraph for each day that the Required Public Amenities remain closed, provided that, if Crossroads is in violation of both this subsection C and the prior subsection B, only one penalty may be imposed at a time. As used in this Section, “off-season” shall mean any period of time in which the lifts on Vail Mountain are not in operation. D. Remedies. In lieu of the penalties outlined above, the Town hereby expressly reserves the right to pursue any other remedies available at law or in equity, including, without limitation, specific performance. 2. Sections 2.f.ii., 8.g., and 11 of the Agreement are amended to replace the “Movie Theater” with “Entertainment Venue” each time the term appears. 3. Section 27 of the Agreement is hereby amended and restated in its entirety as follows: Force Majeure. In the event of delays from causes beyond the reasonable control of Crossroads, Crossroads shall not be required to perform any term, covenant or condition of this Agreement so long as such performance is delayed or prevented by Force Majeure (each, a “Force Majeure Event”), and all time periods permitted hereunder for the performance of any such term, covenant, or condition shall be tolled for a period or periods of the Force Majeure Event, or any longer period or periods as may be reasonably necessary or appropriate to accommodate the effect of the Force Majeure Event. For purposes hereof, a “Force Majeure” shall mean any cause beyond the reasonable control of Crossroads, including, without limitation: acts of God; strike; lockout; material or labor restriction by any governmental authority or any delays, August 18, 2020 - Page 43 of 56 3 backlogs, or slowdowns associated with the same; inability to obtain materials due to supply chain disruptions; civil riot; declared state of emergency or public health emergency or pandemic (including, without limitation, COVID-19); government mandated quarantine or travel bans; government mandated closures, disruption, breakdown, delayed production or interruption for any period of time; and interruptions to transportation, or the use of equipment, labor, or materials, including, without limitation, the closure of government buildings, airports, harbors, railroads, or pipelines, or other infrastructure due to worldwide or regional pandemic or other health related event disruptions. 4. As of the date hereof, to the best knowledge of the Parties, there are no defaults under the Agreement which remain uncured. 5. The remainder of the Agreement, including all Exhibits, shall remain unchanged and in full force and effect. 6. Within 30 days of receipt of an invoice from the Town, Crossroads shall reimburse the Town for all actual, reasonable legal fees incurred by the Town for the preparation of this Amendment. 7. Crossroads shall use commercially reasonable efforts to complete any renovations and cause the Entertainment Venue to be operational on or before November 30, 2021 (the “Entertainment Venue Deadline”). If Crossroads breaches the foregoing covenant, commencing on the Entertainment Venue Deadline the Town shall have as its sole and exclusive remedy the right to assess the penalty set forth in Section 2.b.vii.B. of the Agreement. 8. The Town hereby unconditionally and irrevocably releases, acquits and forever discharges Crossroads, its successors and assigns, of and from any and all liabilities, actions, obligations, causes of action, claims, demands, damages, costs, expenses and compensation whatsoever, whether known or unknown, now existing or hereafter arising, at law or in equity or otherwise, arising out of the failure to operate a the Movie Theater or Entertainment Venue through the date of Entertainment Venue Deadline, including, without limitation, the penalties set forth in Section 2.b.vii. of the Agreement. WHEREFORE, the Parties have executed this Amendment as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: _________________________________ Tammy Nagel, Town Clerk August 18, 2020 - Page 44 of 56 4 CROSSROADS EAST ONE, LLC, a Colorado limited liability company By: _________________________________ Name: ______________________________ Its: _________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of ___________, 2020, by ____________________ as ________________________ of ________________________, a _________________________. My commission expires: (S E A L) ______________________________ Notary Public August 18, 2020 - Page 45 of 56 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : S econd Reading of O rdinance No. 9, Series of 2020, A n Ordinance Amending Title 4, Chapter 3 of the Vail Town Code to D efine Economic Nexus and Update Methods for Collection and R emittance of Sales Tax. P RE S E NT E R(S ): A lex J akubiec, Revenue Manager AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Ordinance No.9, Series 2020 upon second reading. B AC K G RO UND: F ollowing the 2018 S upreme Court decision in S outh D akota vs Wayfair, Colorado began the process of complying with destination based sales tax collections. To simplif y and create a less burdensome remittance process f or remote sellers, the State of C olorado created a tax simplification software allowing a single point of remittance. A s part of participating in this software, adoption of Ordinance No. 9, S eries 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 I O N: Approve, or approve with amendments Ordinance No.9, S eries 2020 upon second reading. AT TAC H ME N TS : Description Ordinance N o. 9, Series 2020 August 18, 2020 - Page 46 of 56 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: August 18, 2020 SUBJECT: Ordinance 9, Series of 2020 Sales Tax Code Update 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 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 1 **Changes to this memo from first reading have been highlighted** 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. On August 4th, Town Council approved Resolution 33, series of 2020, authorizing the Town to participate in the system. Ordinance 9, series of 2020 contains requisite updates to the Town’s sales tax code to utilize this method of sales tax collection. August 18, 2020 - Page 47 of 56 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 Staff recommends Town Council approve or approve with amendments the second reading of Ordinance No. 9, Series 2020. 2 August 18, 2020 - Page 48 of 56 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 18, 2020 - Page 49 of 56 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 18, 2020 - Page 50 of 56 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 18, 2020 - Page 51 of 56 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 18, 2020 - Page 52 of 56 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 18, 2020 - Page 53 of 56 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 18, 2020 - Page 54 of 56 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 18th day of August, 2020. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 9, Series of 2020 9 August 18, 2020 - Page 55 of 56 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Adjournment 7:15 pm (estimate) August 18, 2020 - Page 56 of 56