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HomeMy WebLinkAbout2020-09-01 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, S eptember 1, 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.Consent Agenda (5 min.) 2.1.Renovation of the Covered B ridge Poc ket Par Contrac t Award Bac kground: The 2020 RE TT Fund Project list includes funding in the amount of $82K for the renovation of the Covered Bridge P oc ket Park. Staff Landsc ape Architec ts have prepared a design for the park which inc ludes establish walkway s and shrub/groundcover plantings as well as improvements to the streambank and a bioswale demonstration feature connec ted to the storm sewer system in Bridge Street. The design of the renovation of the Covered B ridge Poc ket Park was approved by the Design Review Board on August 5, 2020. Approximately $30K of the c onstruc tion cost of the Covered Bridge Pocket Park Renovation is related to streambank protection, restoration and educ ation. Staff is proposing to utilize $30K from the budgeted Streambank Restoration RE TT ac count to supplement the budgeted $82K C overed Bridge Pocket Park Renovation funding. Staff Rec ommendation: A uthorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Roc ky Mountain Custom Landscapes in the amount not to exceed $107,978.01. Authorize the Town Manager to transfer $30K from the Streambank Restoration ac count (RP I -011) to the Covered Bridge Pocket Park Renovation ac count (RPI -014) to inc rease the overall budget to $112K. 2.2.Snowshoe Drainage I mprovements Contract Award Bac kground: Staff received 3 bids for the Snowshoe Drainage I mprovements from Ewing Trucking and Construction, I con, I nc. and September 1, 2020 - Page 1 of 55 United Companies. The project is budgeted with the Capital S treet Maintenance budget and is within the engineer ’s estimate. Drainage improvements include improved roadside ditc h along Snowshoe Drive to meet runoff capacity needs, replace damaged and undersized c ulverts under Main Gore Drive, Grouse Lane and 2 private residential driveway s along Main Gore Drive. The projec t is scheduled to be c ompleted by Oc tober 31, 2020. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with E wing Trucking and Construction to complete the Snowshoe Drainage I mprovements Projec t in the amount not to exceed $160,000.00. 2.3.High Altitude Entertainment Funding Agreement Bac kground: Funding agreement for $70,000 to be paid to High Altitude Entertainment for the September Shakedown Presents music activation. Staff Rec ommendation: Approve the Town Manager to enter into a contract with High Altitude Entertainment to produc e 14 c oncerts in S eptember 2020, not to exc eed the amount of $70,000 3.Town Manager Report (10 min.) 4.Action Items 4.1.Children's Garden of Learning MOU (P L A C E HOL D E R) 45 min. Presenter(s): Scott Robson, Town Manager Action Requested of Counc il: This item will require formal motion for approval. Bac kground: An update will be presented on the town council’s initiative related to the relocation of C hildren’s Garden of Learning educ ation center. The MOU has been mutually drafted by the Town and C GL in an effort to set forth the expectations of the Parties regarding the relocation of the C GL to a temporary and later permanent location for a childhood educ ation center (“C E C”). The effort will foc us on providing a seamless transition for the sc hool’s relocation which will occ ur September 2021. Their c urrent site has been deemed a priority for future deed-restricted housing development. I n addition, a progress report will be presented about the formation of an Early Childhood Task Forc e which is underway with invitations to a number of stakeholders and Eagle County. 4.2.Resolution No. 38, Series of 2020, A Resolution of the Vail Town C ounc il Calling a Spec ial Election for November 3, 2020 and Submitting a Ballot I ssue to the Registered Elec tors of the Town at the Special E lection 10 min. Presenter(s): Kathleen Halloran, Finance Direc tor and Tamm Nagel, Town Clerk Action Requested of Counc il: A pprove, approve with amendments or deny Resolution No. 38, Series of 2020 Bac kground: Following discussions on August 4 and August 18, Town Council direc ted staff to work with public opinion consultants from Magellan Strategies and Summit I nformation Services to c onduc t an online survey to probe opinions from Vail’s registered voters on a possible ballot question for the Nov. 3 General Election. Results from the online survey, which took plac e Aug. 24-27. The ballot wording has been revised in c oordination with Eagle C ounty and Town of Avon for similar language. Staff Rec ommendation: Approve, approve with amendments or deny Resolution No. 38, Series of 2020 September 1, 2020 - Page 2 of 55 4.3.Ordinanc e No. 10, Series 2020, First Reading, An Ordinanc e Making Adjustments to the Town of Vail General Fund, Marketing Fund, Capital Projec ts Fund, Housing Fund, and Real Estate Transfer Tax Fund 15 min. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Counc il: A pprove or approve with amendments Ordinanc e No. 10, Series 2020. Bac kground: Please see attached memo. Staff Rec ommendation: Approve or approve with amendments Ordinance No. 10, Series 2020. 5.Adjournment 5.1.Adjournment 7:35 pm (estimate) Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. September 1, 2020 - Page 3 of 55 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 : Renovation of the Covered B ridge P ocket Par Contract Award B AC K G RO UND: T he 2020 R E T T F und P roject list includes funding in the amount of $82K for the renovation of the C overed B ridge P ocket P ark. S taff L andscape A rchitects have prepared a design for the park which includes establish walkways and shrub/groundcover plantings as well as improvements to the streambank and a bioswale demonstration feature connected to the storm sewer system in B ridge S treet. T he design of the renovation of the Covered Bridge Pocket P ark was approved by the Design Review B oard on August 5, 2020. A pproximately $30 K of the construction cost of the Covered Bridge P ocket Park R enovation is related to streambank protection, restoration and education. S taf f is proposing to utilize $30K f rom the budgeted S treambank Restoration R E T T account to supplement the budgeted $82K C overed B ridge P ocket Park Renovation funding. S TAF F RE C O M M E ND AT I O N: A uthorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney, with R ocky Mountain C ustom L andscapes in the amount not to exceed $107,978.01. A uthorize the Town Manager to transfer $30K from the S treambank Restoration account (R P I -011) to the C overed B ridge P ocket Park Renovation account (R P I -014) to increase the overall budget to $112K . AT TAC H ME N TS : Description Memorandum September 1, 2020 - Page 4 of 55 To: Town Council From: Public Works Date: 8/18 /20 Subject: Covered Bridge Pocket Park Renovation Contract Award I. ITEM/TOPIC Award of a construction contract to construct improvements for the renovation of the Covered Bridge Pocket Park. II. ACTION REQUESTED OF COUNCIL Staff requests the Council authorize the Town Manager to enter into a Construction Contract Agreement with Rocky Mountain Custom Landscapes in the amount of $107,978.01 for the renovation of the Covered Bridge Pocket Park, 211 Bridge Street. Staff also requests the Council to authorize the Town Manager to transfer $30K from the Streambank Restoration account (RPI- 011) to the Covered Bridge Pocket Park Renovation account (RPI-014) to increase the overall budget to $112K. III. BACKGROUND The 2020 RETT Fund Project list includes funding in the amount of $82K for the renovation of the Covered Bridge Pocket Park. This area is shady and receives a considerable amount of foot traffic which make is very difficult to establish a healthy stand of lawn grass. The area is in poor condition and is primarily bare soil. Boater put in and take out in this location is causing erosion to the streambank. Staff Landscape Architects have prepared a design for the park which includes establish walkways and shrub/groundcover plantings as well as improvements to the streambank to eliminate erosion. The design for the park also includes a bioswale demonstration feature connected to the storm sewer system in Bridge Street. A bioswale is a gently sloping channel designed to concentrate and convey stormwater runoff while removing debris and pollutants and recharging groundwater. The bioswale is planted with native wetland vegetation such as sedges and rushes. The design of the renovation of the Covered Bridge Pocket Park was approved by the Design Review Board on August 5, 2020. A copy of the design is attached to this memorandum for reference. Construction Documents for the renovation of the Covered Bridge Pocket Park were put out to public bid on July 23, 2020. Bids for the work were received on August 6, 2020 with one bidder responding. The bid received for $129,541.22 was submitted by Rocky Mountain Custom Landscapes. Having a single bidder allows the opportunity to assess the work and pricing and September 1, 2020 - Page 5 of 55 Town of Vail Page 2 make value engineering decisions to lower the cost of the project. Through value engineering Rocky Mountain Custom Landscapes was able to reduce the price to $107,978.01 a savings of over $21,500. Approximately $30K of the construction cost of the Covered Bridge Pocket Park Renovation is related to streambank protection, rest oration and education. Staff is proposing to utilize $30K from the budgeted Streambank Restoration RETT account to supplement the budgeted $82K Covered Bridge Pocket Park Renovation funding. The proposed $112K project budget will allow for a small contingency to cover unforeseen items. The contractor is tentatively scheduled to perform the work beginning in late September 2020 and completing site work in mid -November 2020. The landscape and streambank planting would occur in the spring of 2021. Staff would like to take this opportunity to inform the Council of separate but related issue concerning the Covered Bridge Pocket Park. One of the large spruce trees on the site has been found to be rotten inside and needs to be removed for public safety. Pictures of the tree and a letter from the Arborist are attached. This tree is roughly 90 feet tall and 30 inches in diameter at the base. It is located very close to the Covered bridge Building and will require a crane on Bridge Street and closure of the Covered Bridge for part of one day. Staff is working with the Arborist to schedule the removal the Week of September 7, 2020. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Rocky Mountain Custom Landscapes to construct improvements relative to the renovation of the Covered Bridge Pocket Park in the amount not to exceed $107,978.01. Authorize the Town Manager to transfer $30K from the Streambank Restoration account (RPI- 011) to the Covered Bridge Pocket Park Renovation account (RPI-014) to increase the overall budget to $112K. September 1, 2020 - Page 6 of 55 September 1, 2020 - Page 7 of 55 LAND DESIGNS BY ELLISON | A CUT ABOVE LANDCARE P.O. BOX 2134, EAGLE, CO 81631 | T 970.328.6080 | F 970.328.6084 | INFO@LDBYE.COM August 18, 2020 Todd Openheimer 1309 Elkhorn Drive Vail, CO Re: spruce tree at Covered Bridge Dear Todd, Thank you for contacting Ceres Landcare to address your tree care needs. The following letter is a summary of our findings from August 6, 2020 inspection of tree #1011 located in the pocket park southwest of the covered bridge. The park will be undergoing an upgrade in the fall of 2020 hence, the concern for the health and structural integrity of all trees in the vicinity. Tree #1011 is a 28” diameter, 80 foot-tall spruce tree. This tree was not inventoried before since it has not shown sign of scale and no outward signs of insect, disease or serious defects were noted in the annual walk-through tree inspections. The base of tree #1011 is within 7 feet of the Covered Bridge Condo Building at 227 Bridge Street. Tree branches are touching the side of the building and extend over the roof. A sidewalk built 30 plus years ago is present well within the dripline of the tree. Overall, the tree appears visually in good health and condition. Although a flat spot is present on the southeast side of the root collar and trunk. I tapped on and around the flat spot and heard a hollow resonance sound. To determine if the sound was caused by stem rot, I extracted a core from the tree using an increment bore. I found 2/10 of a foot or about 2.5 inches of solid wood on the southwest side of the tree. September 1, 2020 - Page 8 of 55 LAND DESIGNS BY ELLISON | A CUT ABOVE LANDCARE P.O. BOX 2134, EAGLE, CO 81631 | T 970.328.6080 | F 970.328.6084 | INFO@LDBYE.COM In all likelihood, the roots were torn during construction providing an inlet for rot fungi. Over time the rot worked its way from the roots into the trunk of the tree developing. In my professional opinion, I believe this tree should be removed at the earliest convenience to reduce risk to persons and property. Please contact me with any questions or concerns. Rick Herwehe September 1, 2020 - Page 9 of 55 9.1.20 COVERED BRIDGE POCKET PARK – REMOVAL TREE September 1, 2020 - Page 10 of 55 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 nowshoe D rainage I mprovements Contract Award AC T IO N RE Q UE S T E D O F C O UNC IL : A uthorize the Town Manager to enter into an agreement with E wing Trucking and Construction to complete the S nowshoe D rainage I mprovements P roject. B AC K G RO UND: Staf f received 3 bids for the S nowshoe D rainage I mprovements f rom E wing Trucking and Construction, I con, I nc. and United C ompanies. The project is budgeted with the Capital S treet Maintenance budget and is within the engineer’s estimate. Drainage improvements include improved roadside ditch along S nowshoe D rive to meet runof f capacity needs, replace damaged and undersized culverts under Main Gore Drive, Grouse L ane and 2 private residential driveways along Main Gore Drive. The project is scheduled to be completed by October 31, 2020. 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 E wing Trucking and Construction to complete the S nowshoe Drainage I mprovements P roject in the amount not to exceed $160,000.00. AT TAC H ME N TS : Description Snowshoe Dr ainage Improvements Memo September 1, 2020 - Page 11 of 55 To: Town Council From: Public Works Date: 09/01/2020 Subject: Snowshoe Drainage Improvements Contract Award I. ITEM/TOPIC Snowshoe Drainage Improvements Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Ewing Trucking and Construction to complete the Snowshoe Drainage Improvements Project. III. BACKGROUND Staff received 3 bids for the Snowshoe Drainage Improvements from Ewing Trucking and Construction, Icon, Inc. and United Companies. The project is budgeted with the Capital Street Maintenance budget and is within the engineer’s estimate. Drainage improvements include improved roadside ditch along Snowshoe Drive to meet runoff capacity needs, replace damaged and undersized culverts under Main Gore Drive, Grouse Lane and 2 private residential driveways along Main Gore Drive. The project is scheduled to be completed by October 31, 2020. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Ewing Trucking and Construction to complete the Snowshoe Drainage Improvements Project in the amount not to exceed $160,000.00. September 1, 2020 - Page 12 of 55 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 : High Altitude E ntertainment F unding A greement AC T IO N RE Q UE S T E D O F C O UNC IL : B AC K G RO UND: F unding agreement f or $70,000 to be paid to High A ltitude Entertainment f or the September S hakedown Presents music activation. S TAF F RE C O M M E ND AT I O N: Approve the Town Manager to enter into a contract with High A ltitude Entertainment to produce 14 concerts in September 2020, not to exceed the amount of $70,000 AT TAC H ME N TS : Description Funding Agr eement for September Shakedown Presents Entertainment September 1, 2020 - Page 13 of 55 1 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX AGREEMENT FOR FUNDING CONTRIBUTION THIS AGREEMENT FOR FUNDING CONTRIBUTION (the "Agreement") is made and entered into this 3 day of September, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), High Altitude Entertainment/ Shakedown Presents!, DBA under HAE Corp, For Profit Business, with an address of Po Box 1175, Vail, CO, 81658 ("Recipient") (each a "Party" and collectively the "Parties"). WHEREAS, the Town encourages and supports community events, because such events promote the public health, safety and welfare; WHEREAS, Recipient is producing events in the Town on or about September 5, 6, 11, 12, 13, 18, 19, 25 and 26, 2020; WHEREAS, the Town Council has agreed to provide funding to Recipient to assist in the Shakedown Presents (the "Event"); WHEREAS, the Event has been designated by the Town as a Town Council funded Event; and WHEREAS, in exchange for Town funding, Recipient is willing to comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. RECIPIENT'S DUTIES A. Recipient shall plan, organize, promote and carry out the Event as described in Event Description set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. At least 30 days prior to the start of the Event, Recipient shall complete and submit all permits that may be required for the Event by use of the Town special event permits website: www.vailpermits.com. All such applications shall be submitted under the name of Recipient. C. Recipient shall comply with all applicable regulations pertaining to the production of special events in the Town, including without limitation: the special event permit application; ; the Town Logo Standards, Vail Mountain Brand and Logo Guidelines, found at http://bit.ly/2hnGZ8f; and the Town's marketing checklist, attached hereto as Exhibit B and incorporated herein by this reference. D. If required by the CSE Recipient shall allow the Town to perform market research and attendee surveys during or after the Event by an independent, third-party September 1, 2020 - Page 14 of 55 2 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX economic impact research firm hired by the Town. Further, Recipient shall share attendee contact information with the research firm, or send a web survey link provided by said firm to its participant/ticket sales database as directed by the Town. The Town shall share survey data and analysis with Recipient for its use and inclusion in the post- event report. E. Recipient shall schedule and complete a post-event report and meeting with the CSE within 60 days following the close of the Event. Recipient shall include in its report any non-confidential data from the Event it deems relevant to the Town's review and assessment of the Event. The Town will provide a PowerPoint template for Recipient's use in preparing the report, and the finished PowerPoint shall be submitted to the Town a minimum of 7 days prior to the date scheduled for the post-event meeting. F. Following the event, Recipient agrees to e-mail Event attendees and, in such e-mail, provide a link and invitation to connect with the Town's marketing website. G. Prior to the final payment being issued, recipient shall provide the Town Finance Director with actual results from the event including all sources of revenue and event expenditures according to the form attached hereto as Exhibit D. Supporting records may be requested by the town. H. The Town shall be entitled to complimentary advertising, photography, and other exposure as part of any of the promotional or informational material Recipient causes to be prepared for the Event. I. Recipient shall ensure that all lodging marketing and lodging inquiries relating to the Event are directed to properties within the Town whenever reasonably possible. J. The Town may download video or photographs of the Event for promotional or editorial purposes (the "Event Media") at no charge, as follows: 1. As part of Recipient's post-event report, Recipient shall provide the Town with a link for the download location for the Event Media. 2. Recipient hereby transfers, sells, and assigns to the Town all of its right, title, and interest in the Event Media. The Town may, with respect to all or any portion of the Event Media, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change the Event Media without providing notice to or receiving consent from Recipient. K. If applicable, any additional sponsor benefits required to be provided by Recipient to the Town pursuant to this Agreement shall be set forth in Exhibit C, attached hereto and incorporated herein by this reference. September 1, 2020 - Page 15 of 55 3 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Recipient completes the Event and all responsibilities imposed by this Agreement unless sooner terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. If Recipient terminates this Agreement prior to Recipient's completion of the Event, Recipient shall refund all portions of the Total Contribution already paid. If the Town terminates this Agreement due to Recipient's breach of this Agreement, the Town is not obligated to make any additional payments and may seek repayment by Recipient of any portion of the Total Contribution already paid. III. CONTRIBUTION A. If Recipient satisfies the conditions of this Agreement, the Town will pay Recipient $70,000 (the "Total Contribution") in three payments, as set forth below. 1. Payment One: 33% of the Total Contribution ($23,100), payable upon: Recipient executing this Agreement with a completed and signed marketing checklist, and Recipient's completion and submittal of the Sponsor Benefits, and Recipient’s invoice number one. 2. Payment Two: 33% of the Total Contribution ($23,100), payable after submittal of a complete special event permit application and the Town's verification of the marketing checklist and invoice number two. 3. Payment Three: 34% of the Total Contribution ($23,800), following the presentation of a post-event report in compliance with this Agreement and following approval by the CSE affirming that all requested information has been provided and that Recipient and the Event have met all conditions for funding and has submitted invoice number three. Payment Three may be reduced or eliminated by the CSE if Recipient's post-event report does not include all required information or if Recipient has failed to meet all conditions of this Agreement. B. Recipient expressly acknowledges that the Total Contribution may be reduced if Recipient fails to produce satisfactory evidence that Recipient has fully complied with all conditions of this Agreement and all other applicable conditions of the permit. Recipient further acknowledges that the Total Contribution may be reduced by the Town as compensation for any outstanding debt Recipient owes the Town including without limitation unpaid contracts for service or unpaid taxes. September 1, 2020 - Page 16 of 55 4 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX IV. RESPONSIBILITY A. Recipient hereby warrants that it is qualified to assume the responsibilities to carry out the Event and has all requisite corporate authority and licenses in good standing, required by law. The Event shall comply with all applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any portion of the Event shall not be construed to operate as a waiver of any rights under this Agreement or as a waiver of any cause of action arising out of the performance of this Agreement. C. Recipient may employ subcontractors to plan, organize, promote or carry out all or portions of the Event, provided that Recipient shall ensure that all such subcontractors comply with the terms and conditions of this Agreement. V. INDEPENDENT CONTRACTOR Recipient is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Recipient to perform work on the Event under the terms of this Agreement shall be, and remain at all times, employees or agents of Recipient for all purposes. Recipient shall make no representation that it is a Town employee for any purpose. VI. INSURANCE A. Recipient agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations of or related to the Event. At a minimum, Recipient shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $2,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. September 1, 2020 - Page 17 of 55 5 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Recipient. Recipient shall be solely responsible for any deductible losses under any policy. C. Recipient shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VII. INDEMNIFICATION Recipient agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Event or this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Recipient, any subcontractor of Recipient, or any officer, employee, representative, or agent of Recipient, or which arise out of a worker's compensation claim of any employee of Recipient or of any employee of any subcontractor of Recipient. VIII. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Recipient hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Recipient will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Recipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. September 1, 2020 - Page 18 of 55 6 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX 1. If Recipient has employees, Recipient has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Recipient shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Recipient shall: notify the subcontractor and the Town within 3 days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Recipient shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Recipient is complying with the terms of this Agreement. E. Affidavits. If Recipient does not have employees, Recipient shall sign the "No Employee Affidavit" attached hereto. If Recipient wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Recipient shall sign the "Department Program Affidavit" attached hereto. IX. FORCE MAJEURE; WEATHER A. If performance or completion of the Event is rendered impossible by an act or regulation of any public authority, an act of God, strike, civil tumult, war, pandemic or other health related epidemic, or interruptions of transportation services, or any other proven cause beyond Recipient's control other than inclement weather, it is understood and agreed to by Recipient and the Town that there shall be no claim for damages by either Party and all monies advanced to Recipient will be returned to the Town. B. The Town shall determine in its sole discretion if the Event should be cancelled due to inclement weather. If the Event is cancelled prior to its commencement due to inclement weather and Recipient is present and able to perform, or if the Event September 1, 2020 - Page 19 of 55 7 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX begins and is subsequently cancelled by the Town due solely to inclement weather, Recipient shall be deemed to have complied with this Agreement. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. September 1, 2020 - Page 20 of 55 8 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX K. Subject to Annual Appropriation. Consistent with Article X, § 20, of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk RECIPIENT By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2020, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public September 1, 2020 - Page 21 of 55 9 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX EXHIBIT A EVENT DESCRIPTION Due to COVID-19, Shakedown Bar is unable to open for regular business. Although the venue has closed, the spirit of the bar lives on through the music of some of Shakedown’s friends. High Altitude Entertainment will produce in village street entertainment throughout Vail Village and Lionshead. The goal of the shows is to bring vibrancy to the villages through music to keep guests engaged in the village core for longer stays. The shows will be “surprise and delight” activations with little to no advertising of show locations ahead of time. Date Day Location Time Artist Ticket Price 5-Sep Saturday Lower Bench 2 - 7 Ross James, Andy Hall, Garret Sayers, Mark Levy Opening: Scott Rednor, Brian Loftus, Todd Smallie $20 5-Sep Saturday Lionshead Village 2 - 7 Bill Mckay Trio 0 6-Sep Sunday Lower Bench 2 - 7 Shakedown Family Labor Day Jam w Bloom, Loftus, Rednor, Smallie, Michel, Eaton Jr, Porter, Schleper, Levy, and MO MO MO $20 6-Sep Sunday Lionshead Village 2 - 7 Royal Horses 0 11- Sep Friday Lionshead Village 2 - 7 Kory Montgomery Band w/ Kramer Kelling, Shawn Eckels, Scott Rednor, Brian Loftus 0 12- Sep Saturday Lionshead Village 2 - 7 Brothers Keeper 0 13- Sep Sunday Lower Bench 2 - 7 Natural Selectah "An AllStar Reggae Celebration hosted by Jeff Franca of Thievery Corporation" $20 13- Sep Sunday Lionshead Village 2 - 7 Bill Mckay Trio 0 18- Sep Friday Solaris 2 - 7 Shakedown ShakeUP! w Mark Levy, Bill Mckay, Kramer Kelling, (Scott Rednor or Kory? James? Jessica?) 0 19- Sep Saturday Lionshead Village 2 - 7 Brothers Keeper w Kramer Kelling 0 20- Sep Sunday Childrens Fountain 2 - 7 Brothers Keeper wi Bill Mckay, Shawn Eckels 0 25- Sep Friday Shakedown Bar Stage 2 - 7 Kory Montgomery Band w Kramer Kelling, Shawn Eckels, Scott Rednor, Mark Levy 0 26- Sep Saturday Lionshead Village 2 - 7 Brothers Keeper w Todd Smallie 0 27- Sep Sunday Lower Bench 2 - 7 The Other Brothers Allmans Tribute w James Dumm, Bill Mckay, Rob Eaton Jr, Todd Smallie, John Michel, Mark Levy, and Wil Trask $20 September 1, 2020 - Page 22 of 55 10 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX EXHIBIT B MARKETING CHECKLIST Recipient agrees to the placement of the Town logo on marketing and promotional materials it produces or causes to be produced for the Event as appropriate to the Town's level of sponsorship. Recipient shall complete the checklist and upload here: https://webportalapp.com/sp/home/2020events. Recipient also agrees to the following provisions: • Town approval is required for all Event marketing materials for publication regardless of medium. • Town approval is required for any proofs that include the Town or Vail Mountain logo. • Items requiring Town approval must be submitted to the Town a minimum of 14 days prior to publication. • The Town may reduce its Total Contribution for marketing items that Recipient fails to submit properly and in a timely manner. • Recipient shall use the Town logo and shall make Town social media mentions and hashtags wherever reasonably possible. In doing so, Recipient shall comply with the Town's exact usage guidelines. September 1, 2020 - Page 23 of 55 11 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX EXHIBIT C SPONSOR BENEFITS FORM The following additional benefits are due to the Town of Vail in consideration of the event funding: • TOV Logo listing on Event webpage • TOV Logo inclusion on all sponsor logo'd materials (including posters, newspaper ads, email and signage). • Stage acknowledgement during all Performances • 15 Complimentary tickets to each lower bench performance • 15 Drink tickets good for complimentary beer or wine redeemable at venue concessions. September 1, 2020 - Page 24 of 55 12 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX Estimated Actual Total Expenses $0.00 $0.00 Site/Location/Operations Estimated Actual Food & Beverage Estimated Actual Rental fees $0.00 Social food + Beverage $0.00 Insurance $0.00 Non-social food + Beverage $0.00 Sound/AV $0.00 <insert Other>$0.00 Construction or Equipment $0.00 <insert Other>$0.00 Trash/Composting $0.00 Total $0.00 $0.00 Utilities $0.00 Labor $0.00 Program/Lodging Estimated Actual Traffic Control $0.00 Entertainment $0.00 Banners - Printing & $0.00 Speakers $0.00 Signage $0.00 Travel $0.00 <insert Other>$0.00 Hotel $0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 Total $0.00 $0.00 Marketing Estimated Actual Prizes Estimated Actual Advertising - Radio $0.00 Prizes $0.00 Advertising - Print $0.00 Cash Purse $0.00 Advertising - Social Media $0.00 Total $0.00 $0.00 Public Relations $0.00 Sales Team Expenses $0.00 Media TV, Production & Distribution $0.00 Graphic Design $0.00 Website $0.00 Collateral Materials $0.00 Printing $0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 Marketing Estimated Actual Telephone/Internet $0.00 Photography $0.00 Transportation $0.00 Permit Fees $0.00 Postage/Shipping $0.00 In Kind Trades $0.00 Supplies-Office or Other $0.00 Demographic Survey $0.00 Sales Tax $0.00 <insert Other>$0.00 <insert Other>$0.00 <insert Other>$0.00 Total $0.00 $0.00 Event/Program Budget for [Event Name] > Expenses September 1, 2020 - Page 25 of 55 13 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX Estimated Actual Total Income $0.00 $0.00 Tickets/Admissions Estimated Actual Estimated Actual 0 Adults @ $5.00 $0.00 0 Children @ $2.00 $0.00 0 Other @ $1.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Programs/Advertising Estimated Actual Estimated Actual 0 Covers @ $0.00 $0.00 0 Half-pages @ $0.00 $0.00 0 Quarter-pages @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Exhibitors/vendors Estimated Actual Estimated Actual 0 Large booths @ $0.00 $0.00 0 Med. booths @ $0.00 $0.00 Small booths @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Revenue from other items Estimated Actual Estimated Actual 0 Cash Sponsorships @ $0.00 $0.00 0 In Kind Sponsorships @ $0.00 $0.00 0 Donations @ $0.00 $0.00 0 CSE Funding @ $0.00 $0.00 0 Grants @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Event/Program Budget for [Event Name] > Income September 1, 2020 - Page 26 of 55 14 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX Estimated Actual Total income $0.00 $0.00 Total expenses $0.00 $0.00 Total profit (or loss)$0.00 $0.00 Event/Program Budget for [Event Name] > Profit - Loss Summary $0.00 $0.10 $0.20 $0.30 $0.40 $0.50 $0.60 $0.70 $0.80 $0.90 $1.00 Estimated Actual Total income Total expenses September 1, 2020 - Page 27 of 55 15 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX NO EMPLOYEE AFFIDAVIT [To be completed only if Recipient has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Recipient’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Recipient must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date September 1, 2020 - Page 28 of 55 16 8/28/2020 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/ECONDEV/SHARED DOCUMENTS/CSE/2020 EVENTS/FUNDING DOCS/CSE FUNDING AGREEMENT 2020 - SHAKEDOWN VILLAGE ENTERTAINMENT - SEPTEMBER - POST COVID.DOCX DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Recipient participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2020, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public September 1, 2020 - Page 29 of 55 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 : Children's Garden of L earning MO U (P L A C E HO L D E R ) P RE S E NT E R(S ): Scott R obson, Town Manager AC T IO N RE Q UE S T E D O F C O UNC IL : T his item will require formal motion for approval. B AC K G RO UND: A n update will be presented on the town council’s initiative related to the relocation of Children’s Garden of L earning education center. The MO U has been mutually drafted by the Town and C G L in an effort to set forth the expectations of the P arties regarding the relocation of the C G L to a temporary and later permanent location f or a childhood education center (“C E C”). T he ef f ort will focus on providing a seamless transition for the school’s relocation which will occur S eptember 2021. Their current site has been deemed a priority f or f uture deed- restricted housing development. I n addition, a progress report will be presented about the f ormation of an E arly Childhood Task F orce which is underway with invitations to a number of stakeholders and E agle C ounty. AT TAC H ME N TS : Description C G L MO U September 1, 2020 - Page 30 of 55 1 8/28/2020 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the "MOU") is made this ___________ day of ______________, 2020 (the "Effective Date") by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and the Children’s Garden of Learning (“CGL”), a Colorado nonprofit corporation with an address of 129 North Frontage Road West, Vail, CO 81657 (each a "Party" and collectively the "Parties"). WHEREAS, for 30 years, CGL and its predecessors have offered preschool and primary educational services to young children whose parents are employed by, reside in, are employed in, and are otherwise connected to the Town; WHEREAS, CGL’s learning environment is uniquely focused on providing a nature-based education for young learners through observation, intentional planning, creative environments, and active exploration of materials (the “CGL Philosophy”); WHEREAS, in August 2004, the Parties entered into a lease and sublease agreement pursuant to which the Town leased to CGL the premises located at 129 North Frontage Road West, Vail, CO 81657 (the “Premises”) for use as a Child Education Center (“CEC”); WHEREAS, CGL has since August 2004 continuously occupied the CEC from the Premises, and now occupies it pursuant to that certain Lease Agreement (“Lease”) dated February 12, 2020; WHEREAS, the Town has identified the Premises as potentially suitable for a future deed-restricted employee housing development and, by notice dated August 19, 2020, provided CGL with a notice to terminate the Lease, effective September 15, 2021; WHEREAS, CGL’s ability to continue to operate and serve the Vail community is uncertain without support from the Town; WHEREAS, similar to providing for deed restricted employee housing and environmental stewardship, maintaining the CEC in a suitable location in the Town is of great importance to the Town; WHEREAS, the Parties have had preliminary discussions about possible temporary and permanent alternate locations for CGL to operate the CEC and wish to memorialize those discussions in this MOU while the Parties continue to develop an agreement which would set forth the obligations of the Parties as they relate to relocating the CEC to a suitable temporary location; and WHEREAS, the Parties agree that a collaborative partnership is essential to achieve each Party’s goals and objectives. September 1, 2020 - Page 31 of 55 2 8/28/2020 NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Purpose. The purpose of this MOU is to set forth the expectations of the Parties regarding the relocation of CGL to a suitable temporary and/or permanent location for the CEC. Nothing in this MOU shall affect the Town's quasi-judicial authority or limit the Town's police power. By entering into this MOU, the Town is not pre-judging any development application or guaranteeing that any development application will be approved. 2. Task Force. The Parties agree to establish an Early Childcare Advisory Task Force to assist in identifying a permanent CGL location and additionally identifying the overall childcare needs in the Valley that can be served by CGL while still honoring the CGL Philosophy. The Committee shall at a minimum include representation from CGL, Vail Town Council, Vail Town staff, Eagle County and other stakeholders as mutually agreed upon. 3. Time is of the Essence. The Parties acknowledge the importance of actively participating and acting in good faith in an effort to realize the desired outcomes of this MOU. Further, the Parties understand, accept and commit to implement the relocation of the CEC in a timely manner that allows CGL to deliver seamless service to the families it serves. The Parties further commit to assigning the resources needed to realize the shared and individual desired outcomes. 4. Desired Outcomes. Following are the desired outcomes to be realized by both Parties: a. Town. i. Unobstructed access to the Premises on September 15, 2021. ii. Maintain CGL as an integral member of the Town of Vail community in order to serve the families, employees and employers who live, work, and do business within the Town of Vail. iii. Cooperation with CGL to provide for all reasonable assistance to CGL relating to the relocation of the CEC to be set forth more specifically in a future agreement between the Parties. b. CGL. i. Indefinitely maintaining CGL as an integral member of the Town of Vail community in order to serve the families, employees and employers who live, work, and do business within the Town of Vail. ii. Independence in decisions relating to the program offered by CGL so as to enable CGL to best achieve CGL’s Philosophy. September 1, 2020 - Page 32 of 55 3 8/28/2020 iii. A new lease for a suitable temporary location for the CEC which will be available for CGL’s occupancy at the commencement of its 2021/2022 school year. iv. A continued subsidy from the Town relative to operating and maintaining the CEC, which subside shall include an annual lease rate of $10 per year. v. Financial and physical assistance from the Town of Vail in connection with relocation from the Premises to the temporary location. vi. Transition from the temporary location to a permanent location within five (5) years of commencement of occupancy of the temporary location. 5. Deal Points. To achieve the desired outcomes set forth above, the final agreement between the Parties will include the following deal points: a. The Town will have access to the Premises by September 15, 2021. b. The Town will use its commercially reasonable best efforts to renovate and make available the Town-owned Community Development Building located at 111 S. Frontage Road West, Vail, CO or other suitable location (“Temporary Location”) for the CEC by the start of CGL’s school year in August, 2021. The Town shall make the Temporary Location available not later than September 15, 2021, and the Town agrees that CGL may have access to and use the Premises for fifteen (15) calendar days after the Temporary Location is first made available to CGL for occupancy. c. Unless an alternate location is agreed upon by the Town and CGL by September 15, 2020, the Community Development Building shall be the Temporary Location. d. The Town will bear responsibility for all improvements necessary to renovate the Temporary Location including standard basic interior finishes and a suitable outdoor play space as required by the State Licensing agency. The Town agrees that it shall provide snow removal for parking areas, and sidewalks serving the Temporary Location. e. Any CEC, whether temporary or permanent, will meet all life safety and Colorado Department of Human Services licensing requirements. f. The Temporary Location will, at a minimum, be capable of accommodating not less than 57 students, with accompanying staff. g. So long as the Town provides a subsidy to CGL, the Town will have a member of Town Council or designee serve as a regular voting member of the CGL Board of Directors. h. The Town and CGL agree to use their good faith efforts to collaborate on the design of the Temporary Location in an effort to both minimize its cost and maximize September 1, 2020 - Page 33 of 55 4 8/28/2020 its suitability for CGL’s use. The Town will involve CGL in the planning and design process, and will provide CGL with regular tours of the Temporary Location during construction to allow CGL to provide meaningful input into design selections, to highlight progress, and to prepare for CGL’s operations at the Temporary Location. The Town shall have the final decision-making authority regarding the design of the Temporary Location. 6. Term and Termination. This MOU shall commence upon the Effective Date and terminate one year thereafter, provided that any Party may terminate this MOU earlier than such date upon 30 days' prior written notice to the other Party. The term of the MOU may be extended upon mutual written agreement of the Parties. 7. Miscellaneous. a. Modification. This MOU may only be modified by subsequent written agreement of the Parties. b. Severability. If any provision of this MOU is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. c. Governing Law and Venue. This MOU shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. d. No Legal Obligation. Nothing in this MOU shall create a legal obligation, right or remedy on behalf of either Party. e. Third Parties. There are no intended third-party beneficiaries to this MOU. f. Costs. Each Party shall be responsible for its own fees and costs associated with this creation and execution of this MOU. g No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this MOU, and the Town shall never be liable or responsible for any debt or obligation of any participant in this MOU. [Signature page follows] September 1, 2020 - Page 34 of 55 5 8/28/2020 TOWN OF VAIL, COLORADO _______________________________ Dave Chapin, Mayor ATTEST: __________________________________ Tammy Nagel, Town Clerk CHILDREN’S GARDEN OF LEARNING ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2020, by ______________ as ______________ of Children’s Garden of Learning. My commission expires: (S E A L) _______________________________ Notary Public September 1, 2020 - Page 35 of 55 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. 38, Series of 2020, A Resolution of the Vail Town C ouncil Calling a Special E lection for November 3, 2020 and S ubmitting a B allot I ssue to the R egistered Electors of the Town at the Special E lection P RE S E NT E R(S ): Kathleen Halloran, F inance Director and Tamm Nagel, Town Clerk AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Resolution No. 38, S eries of 2020 B AC K G RO UND: F ollowing discussions on A ugust 4 and A ugust 18, Town Council directed staff to work with public opinion consultants from Magellan S trategies and Summit I nf ormation S ervices to conduct an online survey to probe opinions from Vail’s registered voters on a possible ballot question f or the Nov. 3 General E lection. R esults from the online survey, which took place A ug. 24-27. T he ballot wording has been revised in coordination with E agle C ounty and Town of Avon f or similar language. S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Resolution No. 38, S eries of 2020 AT TAC H ME N TS : Description Res 38 September 1, 2020 - Page 36 of 55 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: September 1, 2020 SUBJECT: Resolution No. 38, Series 2020 I. SUMMARY The attached resolution will “call for a special election” on November 3rd and approve ballot language for that special election. Following discussions on August 4 and August 18, Town Council directed staff to work with public opinion consultants from Magellan Strategies and Summit Information Services to conduct an online survey to probe opinions from Vail’s registered voters on a possible ballot question for the Nov. 3 General Election. Results from the online survey, which took place Aug. 24-27, will be presented during Tuesday’s meeting. II. DISCUSSION Pending the results of the survey on voter sentiment, does Council wish to move forward with a ballot question this fall? Ballot Wording The below ballot wording has been revised in coordination with Eagle County and Town of Avon for similar language. The following revised ballot language is included in Resolution 38, Series 2020 for approval this evening: WITHOUT RAISING THE MILL LEVY FOR THE 2021 TAX COLLECTION YEAR, SHALL THE VAIL TOWN COUNCIL HAVE THE AUTHORITY TO ADJUST THE TOWN OF VAIL’S MILL LEVY RATE THEREAFTER AS NEEDED FOR THE SOLE PURPOSE OF MAINTAINING REVENUES THAT MAY OTHERWISE BE LOST AS A RESULT OF STATE IMPOSED REDUCTIONS IN THE RATIO OF ASSESSED PROPERTY TAX VALUATIONS SO THAT THE ACTUAL TAX REVENUES GENERATED BY THE TOWN’S MILL LEVIES ARE THE SAME AS THE REVENUES THAT WOULD HAVE BEEN GENERATED HAD THE STATE NOT IMPOSED SUCH September 1, 2020 - Page 37 of 55 - 2 - REDUCTIONS, IN ORDER TO ALLOW THE TOWN TO SUSTAIN SERVICES TO THE VAIL COMMUNITY? Yes ___ No ___ III. ACTION REQUESTED OF COUNCIL Approve Resolution 38, Series 2020 to call for a special election and submit ballot wording. September 1, 2020 - Page 38 of 55 1 8/26/2020 S:\FINANCE\BUDGET\BUDGET 20\TOWN COUNCIL MEMOS\GALLAGHER\SPECIAL ELECTION-R080520 (004)KH.DOCX RESOLUTION NO. 38 SERIES OF 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL CALLING A SPECIAL ELECTION FOR NOVEMBER 3, 2020 AND SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN AT THE SPECIAL ELECTION WHEREAS, pursuant to Section 2.3 of the Vail Home Rule Charter, a special municipal election may be called by resolution of the Council at least 30 days in advance of such election, and the resolution shall set forth the purpose or purposes of such election; WHEREAS, the Town Council desires to call a special election to be held on November 3, 2020 as part of the state general election to submit one or more ballot issues and questions to the registered electors of the Town; and WHEREAS, the Town Council entered into an Intergovernmental Agreement to coordinate the special election with Eagle County on August 18. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. A special election of the Town of Vail shall be held on November 3, 2020, which election shall be coordinated with Eagle County and governed by the Uniform Election Code. The purpose of the special election is to submit one or more ballot issues and questions to the registered electors of the Town. The Town Clerk is hereby designated as the Town's election official and is authorized to coordinate the election with Eagle County, including meeting applicable deadlines. Section 2. The following ballot issue shall be submitted to the registered electors of the Town of Vail at the November 3, 2020 special election: WITHOUT RAISING THE MILL LEVY FOR THE 2021 TAX COLLECTION YEAR, SHALL THE VAIL TOWN COUNCIL HAVE THE AUTHORITY TO ADJUST THE TOWN OF VAIL’S MILL LEVY RATE THEREAFTER AS NEEDED FOR THE SOLE PURPOSE OF MAINTAINING REVENUES THAT MAY OTHERWISE BE LOST AS A RESULT OF STATE IMPOSED REDUCTIONS IN THE RATIO OF ASSESSED PROPERTY TAX VALUATIONS SO THAT THE ACTUAL TAX REVENUES GENERATED BY THE TOWN’S MILL LEVIES ARE THE SAME AS THE REVENUES THAT WOULD HAVE BEEN GENERATED HAD THE STATE NOT IMPOSED SUCH REDUCTIONS, IN ORDER TO ALLOW THE TOWN TO SUSTAIN SERVICES TO THE VAIL COMMUNITY? Yes ___ No ___ September 1, 2020 - Page 39 of 55 2 8/26/2020 S:\FINANCE\BUDGET\BUDGET 20\TOWN COUNCIL MEMOS\GALLAGHER\SPECIAL ELECTION-R080520 (004)KH.DOCX INTRODUCED, READ, APPROVED AND ADOPTED THIS 1st day of September 2020. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk September 1, 2020 - Page 40 of 55 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 : O rdinance No. 10, S eries 2020, F irst R eading, A n O rdinance Making A djustments to the Town of Vail General F und, Marketing Fund, Capital Projects F und, Housing F und, and R eal E state Transf er Tax F und P RE S E NT E R(S ): C arlie S mith, F inancial S ervices Manager AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove or approve with amendments Ordinance No. 10, S eries 2020. B AC K G RO UND: Please see attached memo. S TAF F RE C O M M E ND AT I O N: Approve or approve with amendments Ordinance No. 10, S eries 2020. AT TAC H ME N TS : Description 2020 4th Budget S upplemental September 1, 2020 - Page 41 of 55 TO: Vail Town Council FROM: Finance Department DATE: September 1, 2020 SUBJECT: 2020 4th Supplemental Appropriation I. SUMMARY In Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No. 10, Series 2020, the second supplemental appropriation of the 2020 budget. II. DISCUSSION Across all funds, this supplemental request adjusts the budget to reflect $2,390,861 of additional revenue and proposes an increase of $1,474,892 to expenditures. The fund statements are also attached. General Fund Budgeted revenue will be adjusted by an increase of $1,486,427 offset by a reduction in revenue of $40,000. The majority of this adjustment ($1,449,435) is a reflection of the Federal CARES funding from the state. This will be used to reimburse the town for a portion of COVID related expenditures. Expenses that are eligible for reimbursement include medical and personal protective equipment, cleaning supplies, operational closures, COVID testing, and both community and commercial relief program funding. Other revenue adjustments to be offset by corresponding expenditures include: • $30,000 reimbursement from Eagle Valley Behavior Health for police officers to attend a crisis intervention training. • $1,312 use of Friends of the Library donations to be used towards an additional Friday night virtual yoga program and Friends of the Library summer mailings. • $5,680 reimbursement from the state for the travel ($555) and personnel ($5,125) deployment costs for the town’s Police Chief during the Seibert and Pine Gulch fires. Revenue will also be adjusted by a $40,000 reduction in the GMC vehicle sponsorship program due economic impacts of COVID. Staff is requesting an overall increase in budgeted expenditures of $43,992, of which $36,992 relates to expenditures corresponding to the reimbursements mentioned above. The remaining $77,000 includes: September 1, 2020 - Page 42 of 55 - 2 - • $7,000 is requested to perform an online survey to gather data on voter sentiment for a potential ballot question to “de-Gallagherize” Vail property taxes. This was approved by Council on August 18th. • $70,000 transfer to the Marketing Fund to fall music entertainment activation in Ford Park, Lionshead, and Vail Village. Staff is currently researching cost estimates and gathering public safety input for fall and winter economic recovery efforts including tents and heaters to allow for additional winter seating and capacity in the Vail and Lionshead villages and a community gift card program. Staff will include additional information and cost estimates during the 2nd reading on September 15th. The above adjustments will result in net deficit of $6.2 million and an estimated ending fund balance of $30.0 million, or 68% of normal annual revenue streams. Council’s directive is a minimum of 35% reserve balance. Marketing Fund Revenue is being adjusted by a $70,000 transfer from the General Fund to be directly offset by expenditures for fall music entertainment activation in Ford Park, Lionshead, and Vail Village. Capital Projects Fund Staff is requesting to increase budgeted expenditures by a $300,000 placeholder for the temporary relocation of the Children’s Garden of Learning. While this amount is very preliminary, staff recommends including a placeholder for this project to allow Council to move forward with design and planning for the project as they see fit. The above adjustments will result in an estimated ending fund balance of $23.0 million. Housing Fund Budgeted revenues will be adjusted by an increase of $874,434 to reflect the proceeds from the sale of Chamonix Parcel E to be used towards future housing initiatives. Real Estate Transfer Tax Fund Staff is requesting to transfer savings of $30,000 from the Gore Creek streambank restoration project to the rehabilitation of the Covered Bridge pocket park. The original estimate for this project was $82,000 however bids came in higher than expected at $108,000. Approval for this contract is included on this evening’s agenda. Staff is requesting to reflect a $15,466 increase in expenditures used to purchase picnic tables that are being used to provide additional guest seating in Lionshead and Vail Village. Staff is also reflecting a correction in the Parks and Recreational department budget due to a calculation error in the operational cuts during the 2nd supplemental. This budget still reflects a 10% operating cut and 0% merit for 2020. The above adjustments will result in an ending fund balance of $11.4M. September 1, 2020 - Page 43 of 55 SignificantMajorCrisisProposed20201st COVID-19 20202nd COVID-19 COVID-19 20203rd20204th2020Budget Supplemental Adjustments Amended Supplemental Adjustments Adjustments Amended Supplemental Amended Supplemental AmendedRevenueLocal Taxes:28,524,000$ (7,150,000)$ 21,374,000$ (2,174,000)$ (2,400,000)$ 16,800,000$ 16,800,000$ 16,800,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/3866/3468/3268/3268/32 Sales Tax17,685,000 (3,575,000) 14,110,000 (1,054,000) (1,632,000) 11,424,000 11,424,000 11,424,000 Property and Ownership5,900,000 5,900,000 5,900,000 5,900,000 5,900,000 Ski Lift Tax5,300,000 (1,060,000) 4,240,000 (90,000) (270,000) 3,880,000 3,880,000 3,880,000 Franchise Fees, Penalties, and Other Taxes1,175,440 400,000 1,575,440 1,575,440 1,575,440 1,575,440 Licenses & Permits2,400,000 2,400,000 (478,634) 1,921,366 1,921,366 1,921,366 Intergovernmental Revenue2,075,088 250,000 (198,400) 2,126,688 36,460 (175,088) (11,800) 1,976,260 1,976,260 1,976,260 CARES Transit Grant- - 916,000 431,000 1,347,000 1,347,000 1,347,000 CARES Grant- - - - - - - 1,449,435 1,449,435 Federal CARES fundingTransportation Centers6,360,000 (1,029,600) 5,330,400 (416,000) (700,000) 4,214,400 4,214,400 4,214,400 Charges for Services 1,025,918 1,025,918 (16,431) 1,009,487 1,009,487 1,009,487 Fines & Forfeitures250,476 250,476 250,476 250,476 250,476 Earnings on Investments500,000 (300,000) 200,000 200,000 200,000 200,000 Rental Revenue1,093,178 4,080 (90,000) 1,007,258 (112,000) (20,000) 875,258 875,258 875,258 Miscellaneous and Project Reimbursements251,000 (120,000) 131,000 17,202 148,202 148,202 (3,008) 145,194 Reimbursement from EVBH for crisis intervention training ($30K); Use of Friends of the Library Donations ($1.3K); Deployment reimbursement ($5.7K); Total Revenue44,016,100 654,080 (6,373,000) 38,297,180 53,662 (1,426,153) (2,202,800) 34,721,889 - 34,721,889 1,446,427 36,168,316 ExpendituresSalaries20,499,231 22,857 (568,590) 19,953,498 3,345 (160,000) (476,800) 19,320,043 19,320,043 3,075 19,323,118 Personnel costs for PD Chief deplayments to Seiber and Pine Gultch Fires Benefits 7,377,769 9,143 (204,909) 7,182,003 (22,000) (62,000) 7,098,003 7,098,003 2,050 7,100,053 Personnel costs for PD Chief deplayments to Seiber and Pine Gultch Fires Subtotal Compensation and Benefits27,877,000 32,000 (773,499) 27,135,501 3,345 (182,000) (538,800) 26,418,046 - 26,418,046 5,125 26,423,171 Contributions and Welcome Centers289,626 (6,161) 283,465 283,465 283,465 283,465 All Other Operating Expenses8,194,158 406,080 (810,363) 7,789,875 50,317 (122,151) (111,706) 7,606,335 25,000 7,631,335 38,867 7,670,202 Ballot survey ($7K); Travel costs for fire deployments ($555); Use of Friends of the Library donations for virtual yoga and mailings ($1.3K; PD Crisis Intervention Training ($30K) Heavy Equipment Operating Charges2,530,419 (253,042) 2,277,377 (17,050) 2,260,327 2,260,327 2,260,327 Heavy Equipment Replacement Charges845,122 845,122 845,122 845,122 845,122 Dispatch Services661,194 (66,119) 595,075 66,119 661,194 661,194 661,194 Total Expenditures40,397,519 438,080 (1,909,184) 38,926,415 53,662 (238,032) (667,556) 38,074,489 25,000 38,099,489 43,992 38,143,481 Transfer to Marketing & Special Events Fund(2,866,211) (65,000) 50,000 (2,881,211) 288,121 576,244 (2,016,845) (70,000) (2,086,845) (70,000) (2,156,845) Total Transfers(2,866,211) (65,000) 50,000 (2,881,211) - 288,121 576,244 (2,016,845) (70,000) (2,086,845) (70,000) (2,156,845) Planning ProjectsVail 2030(300,000) 300,000 - - - - Civic Area/Dobson Master Plan(250,000) 50,000 (200,000) (200,000) (200,000) (200,000) West Vail Master Plan(325,000) (325,000) (325,000) (325,000) (325,000) COVID-19 Vail Community Relief Fund- (500,000) (500,000) (500,000) (500,000) (500,000) COVID-19 operating expenses- - (141,000) (141,000) (141,000) (141,000) Commerical Rent Relief Program- - - (1,000,000) (1,000,000) (1,000,000) Total Expenditures44,138,730 1,003,080 (2,309,184) 42,832,626 53,662 (526,153) (1,102,800) 41,257,334 1,095,000 42,352,334 113,992 42,466,326 Surplus (Deficit) Net of Transfers & New Programs(122,630) (4,535,446) - (900,000) (1,100,000) (6,535,445) (1,095,000) (7,630,445) 1,332,435 (6,298,010) Beginning Fund Balance32,144,411 4,162,253 36,306,665 (900,000) (1,100,000) 36,306,665 36,306,665 36,306,665 Ending Fund Balance32,021,782$ 31,771,219$ 29,771,219$ 28,676,219$ 30,008,654$ As % of Annual Revenues73% 72% 68% 65% 68%EHOP balance included in ending fund balance - not spendable 890,000$ 466,400$ 1,190,000$ 1,190,000$ 1,190,000$ 1,190,000$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 3September 1, 2020 - Page 44 of 55 Proposed2020 1st COVID-19 2020 COVID-19 2020 COVID-19 2020 COVID-19 2020Budget Supplemental Adjustments Amended Adjustments Amended Adjustments Amended Adjustments AmendedRevenueBusiness Licenses 325,000$ 325,000$ 325,000$ 325,000$ 325,000$ Transfer in from General Fund2,866,211 65,000 (50,000) 2,881,211 (864,365) 2,016,846 70,000 2,086,846 70,000 2,156,846 Earnings on Investments3,000 3,000 3,000 3,000 3,000 Total Revenue3,194,211 65,000 (50,000) 3,209,211 (864,365) 2,344,846 70,000 2,414,846 70,000 2,484,846 ExpendituresCommission on Special Events (CSE) 893,648 893,648 (268,094) 625,554 625,554 625,554 Education & Enrichment154,530 154,530 154,530 154,530 154,530 Signature Events: Bravo!296,934 296,934 296,934 296,934 296,934 Vail Jazz Festival76,400 76,400 76,400 76,400 76,400 Vail Valley Foundation - Mountain Games140,000 140,000 140,000 140,000 140,000 Vail Valley Foundation - Hot Summer Nights28,050 28,050 28,050 28,050 28,050 Vail Valley Foundation - Dance Festival54,633 54,633 54,633 54,633 54,633 Burton US Open490,000 490,000 490,000 490,000 490,000 Fireworks52,015 52,015 52,015 52,015 52,015 Destination Events: Snow Days300,000 300,000 300,000 300,000 300,000 Spring Back to Vail550,000 550,000 550,000 550,000 550,000 Other Event Funding: Revely Vail155,000 50,000 (50,000) 155,000 155,000 155,000 155,000 Vail Holidays Funding- 15,000 15,000 15,000 15,000 15,000 Ford Park Entertainment50,000 50,000 50,000 100,000 Music in the Villages20,000 20,000 20,000 40,000 30% reduction across all signature events:- - (596,271) (596,271) (596,271) (596,271) Collection Fee - General Fund16,250 16,250 16,250 16,250 16,250 Total Expenditures3,207,461 65,000 (50,000) 3,222,461 (864,365) 2,358,096 70,000 2,428,096 70,000 2,498,096 Revenue Over (Under) Expenditures(13,250) (13,250) (13,250) - (13,250) - (13,250) Beginning Fund Balance274,288 386,837 386,837 386,837 386,837 Ending Fund Balance261,038$ 373,587$ 373,587$ 373,587$ 373,587$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEVAIL MARKETING & SPECIAL EVENTS FUND4September 1, 2020 - Page 45 of 55 COVID AdjustmentsNew Request/AdjustmentProposed1st COVID-19 2020 2nd COVID-19 20204th20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Supplemental AmendedRevenue2%Total Sales Tax Revenue:28,524,000$ (7,150,000)$ 21,374,000$ (4,574,000)$ 16,800,000$ 16,800,000$ 2020 proposed 2% from 2019 forecast and 1.8% from 2018 actuals Sales Tax Split between General Fund & Capital Fund62/3866/3468/3268/32Sales Tax - Capital Projects Fund10,839,000$ (3,575,000)$ 7,264,000$ (1,888,000)$ 5,376,000$ 5,376,000$ 2020: Reduction of sales tax of for economic impacts of COVID-19 Use Tax2,220,000 2,220,000 (420,000) 1,800,000 1,800,000 2020 flat with 2019 and based on 5 year averageFranchise Fee190,000 190,000 190,000 190,000 1% Holy Cross Franchise Fee approved in 2019Federal Grant Revenue700,000 (700,000) - - - 2020: Reduce Federal grant reimbursement for Bridge Rd Bridge. This grant was originally scheduled to be received in two partial payments ($300K in 2019 and $700K in 2020);Other State Revenue1,617,287 350,000 1,967,287 1,967,287 1,967,287 2020: $350K CDOT 50% grant for bus transportation management system (see corresponding expenditure for $700K below); 1.09M FASTER grant for electric bus charges; $525,287 CDOT bus grantLease Revenue164,067 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement-79,676 79,676 79,676 79,676 2020: Re-appropriate $29,676 for traffic impact fee reimbursement from VVMC/Frontage Rd projects, $50K use of Holy Cross funds for Big Horn Rd Intermountain project; $20K Vail Trail condo association; reimbursement for sidewalk; $200K reimbursement from Holy Cross for 2019/2020 Big Horn Rd and Intermountain project; $20.7K traffic impact reimbursement for VVMC/Frontage Rd. project; $50K use of community enhancement funds for Liftside to Glen Lyon underground utility project; $50K additional use of traffic impact fees for VVMC/Frontage Rd (see corresponding expenditures below)Timber Ridge Loan repayment460,842 460,842 460,842 460,842 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge FundEarnings on Investments and Other368,970 368,970 368,970 368,970 2020: 1.8% returns assumed on available fund balanceTotal Revenue16,370,166 (80,324) (3,575,000) 12,714,842 - (2,308,000) 10,406,842 - 10,406,842 ExpendituresFacilitiesFacilities Capital Maintenance 372,500 130,417 502,917 502,917 502,917 2020: Re-appropriate $133.4K to complete TM residence upgrades; PW garage door replacements ($50K), transit station skylight replacement ($50K); In general this line item covers various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). Municipal Complex Maintenance 873,000 138,750 1,011,750 1,011,750 1,011,750 2020: Re-appropriate $138.8K for municipal building upgrades, repairs, and maintenance; Comm Dec Remodel ($75K); Replace Admin building air handlers ($250K), Comm Dev roof replacement ($125K), Comm Dev interior flooring replacement ($25K), PD balcony repairs ($50K), PD boiler replacement ($45K), replace PD air handling units ($75K), replace PD rooftop units ($125K)Welcome Center/Grandview Capital Maintenance 38,000 56,704 94,704 94,704 94,704 2020: Re-appropriate $56.7K for final bills for furniture replacement at the Grandview Donovan Pavilion120,000 5,000 125,000 125,000 125,000 2020: Re-appropriate $5K to be used towards HVAC relocation design; 2020 includes $75K for design & planning of HVAC Replacement and relocation at Donovan PavilionSnowmelt Boilers 500,000 500,000 500,000 500,000 Replacement of TRC 8 boilers (2 per year)Public Works Shops Expansion 9,500,000 11,603,325 (14,100,000) 7,003,325 (4,600,000) 2,403,325 2,403,325 Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for future building options. Reflect actual cash needed in 2020; savings of $1.4M; Per Council on May 19, defer Phase 1 to 2021Public Works Building Maintenance -300,000 300,000 300,000 300,000 2020: Re-appropriate $300K to replace two HVAC units at Public Works11,403,500 12,234,196 (14,100,000) 9,537,696 - (4,600,000) 4,937,696 - 4,937,696 ParkingParking Structures697,000 697,000 697,000 697,000 2020 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs; 2019: Re-appropriate for structural repairs to LHTRC, roofing repairs at VTRC, and elevator repairs;Parking Entry System / Equipment-125,148 125,148 102,013 227,161 227,161 2020: $227.2K for additional on-foot parking payment kiosksRed Sandstone Parking Structure (VRA)-1,308,936 1,308,936 1,308,936 1,308,936 2020: Re-appropriate $1.3M to complete New Red Sandstone Parking Structure. This project includes all landscaping and parking space monitoring system; Construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRAParking Structure Camera systems1,000,000 (1,000,000) - - - Installation of camera systems for both safety and vehicle counts at Vail Village and Lionshead to mirror new system at Red Sandstone; Defer to 2021Lionshead Parking Structure Landscape Renovations (VRA) -30,291 30,291 30,291 30,291 2020: Re-appropriate to complete landscaping ($30.3K);Total Facilities1,697,000 1,464,375 (1,000,000) 2,161,375 102,013 - 2,263,388 - 2,263,388 TOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 5 September 1, 2020 - Page 46 of 55 COVID AdjustmentsNew Request/AdjustmentProposed1st COVID-19 2020 2nd COVID-19 20204th20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTransportationBus Shelters 230,000 230,000 230,000 230,000 Bus shelter annual maintenance; 2020 Lionshead transit center Westbound Bus shelterReplace Buses6,900,000 (88,358) 6,811,642 6,811,642 6,811,642 2020: Transfer total of $350K of savings (2019savings of $261.6K and 2020 savings of $88.4K) to be used towards the town's portion of the bus transit management system; 7 buses for replacement at $905K each, plus 5 charging stations at $50K each, and $30K for additional power chargers;Bus Transportation Management System-700,000 700,000 700,000 700,000 2020: $700K for a new bus transportation mgmt. system. This includes a $350K 50% CDOT grant and $350K savings from "Replace Buses" project to upgrade bus transportation system; $350K CDOT grant. Traffic Impact Fee and Transportation Master Plan Updates-30,000 30,000 30,000 30,000 2020: Re-appropriate $30K to perform traffic countsHybrid Bus Battery Replacement-388,716 (388,716) - - - 2020: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; Buses will be replaced in 2-3 yearsElectric bus chargers and electrical service rebuild1,375,000 1,375,000 1,375,000 1,375,000 2020: To construct electric bus charging station and electrical service infrastructure at Lionshead and Vail Village Transit centers; $1.1M in grant revenue will offset cost of this projectTotal Transportation8,505,000 1,030,358 (388,716) 9,146,642 - - 9,146,642 - 9,146,642 Road and BridgesCapital Street Maintenance1,345,000 1,345,000 1,345,000 1,345,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K); 2024 includes surface seal ($190K); asphalt mill overlay ($565K)Street Light Improvements 75,000 69,945 144,945 144,945 144,945 Re-appropriate for town-wide street light replacement; Slifer Plaza/ Fountain/Storm Sewer-156,593 156,593 156,593 156,593 2020: Re-appropriate to continue repairs to Silfer Plaza fountain reconstruction and storm sewers ($157K)Neighborhood Bridge Reconstruction350,000 428,186 (750,000) 28,186 20,000 48,186 48,186 2020: $48.2K for final bridge road bridge repair bills; Defer $750K for Lupine Bridge RepairsVail Health / TOV Frontage Road improvements -30,131 30,131 30,131 30,131 2020: Complete design phase of Frontage Rd. improvements ($30.1K)Seibert Fountain Improvements-358,000 358,000 358,000 358,000 2020: $358K for Fountain software system and valve upgrades at Seibert FountainNeighborhood Road Reconstruction-321,840 321,840 321,840 321,840 2020:$321K to continue East Vail major drainage improvements Vail Trail Sidewalk Connection-- - - Connect Vail sidewalk on Vail Valley Drive in front of Vail Trails Chalet complexWest Lionshead Circle Crosswalks (VRA)-75,000 75,000 75,000 75,000 2020: $75K for crosswalk at Lionshead placeMill Creek Heated Walk-100,580 100,580 100,580 100,580 2020: Re-appropriate for final project bills; TOV portion of 50/50 shared project with homeowners for heated sidewalk at Kendell Park/Mill Creek ($125K). This project will be managed by the HOA at an estimated total cost of $150K. East Vail Interchange Underpass Sidewalk500,000 (500,000) - - - 2020: Request from the Planning and Environmental Commission to construct a pedestrian sidewalk beneath the East Vail interchange; pedestrian count study at the underpass is recommended to be completed before the start of this project. Defer projectTotal Road and Bridge2,270,000 1,540,275 (1,250,000) 2,560,275 20,000 - 2,580,275 - 2,580,275 ContributionsChildren's Garden of Learning-Capital 20,000 32,500 52,500 52,500 52,500 2020: Annual contribution for capital maintenance and improvements; Re-appropriate $32.5K 2019 annual contribution for fence around front yard due to delays in CDOT easement; 2019: Council contribution to build a fence around front yard.;Total Contributions20,000 32,500 -52,500 - - 52,500 - 52,500 TechnologyTown-wide camera system22,000 22,000 22,000 22,000 $22K Annual maintenanceAudio-Visual capital maintenance118,000 118,000 118,000 118,000 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2020: $100K Welcome Center video wall replacementDocument Imaging50,000 50,000 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing496,123 70,278 566,401 566,401 566,401 2020: Re-appropriate $70.3K to complete asset mgmt. system; Annual software licensing and support for town wide systems; 2019-2020: Upgrade Microsoft products on all equipment; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2019: virtual desktop replacement ($239K); Asset Mgmt. System ($75K); Asset Mgmt. annual maintenance and licensing agreement ($50K); Hardware Purchases175,000 12,723 187,723 187,723 187,723 2020: $12.7K for final workstation replacement bills; 2020: Time Clock Replacement ($125K); $50K Replacement of 20-25 workstations per year per scheduleWebsite and e-commerce86,500 50,000 136,500 136,500 136,500 2020: $50K for new Vailgov.com website framework and website upgrades; Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24KFiber Optics / Cabling Systems in Buildings150,000 150,000 150,000 150,000 2020: Fiber Optics Connection from Muni Building to West Vail fire station ($150K)Network upgrades200,000 20,256 220,256 220,256 220,256 Computer network systems - replacement cycle every 3-5 years; 2020 Firewalls ($60K), External Wireless System ($50K), TOV Switches and Router Replacements/Upgrades ($90K)Data Center (Computer Rooms)30,000 1,058,840 1,088,840 1,088,840 1,088,840 2020: Re-appropriate for Data Center Remodel at Station 3 includes hyper-converged infrastructure (HCI) equipment $750K, Cooling/UPS system upgrade for data center in Muni building $128K 6 September 1, 2020 - Page 47 of 55 COVID AdjustmentsNew Request/AdjustmentProposed1st COVID-19 2020 2nd COVID-19 20204th20202020 Supplemental Adjustments Amended Supplemental Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDData Center equipment replacement and generator-159,406 159,406 159,406 159,406 2020: Final bills to replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Broadband (THOR)94,800 94,800 94,800 94,800 Annual broadband expenses, potential future revenues ($94.8K)Bus Camera System15,000 15,000 15,000 15,000 Installation of software and cameras in buses; 2019/20 annual capital maintenance of camera replacement, etc.Business Systems Replacement 120,000 110,509 (50,509) 180,000 180,000 180,000 2020: Re-appropriate $110.5K for short term renal software and final sales tax software upgrades less $50K savings; Energy Mgmt. Software ($25K); Housing Database software ($40K); HR Performance mgmt. system ($55K)Total Technology1,557,423 1,482,012 (50,509) 2,988,926 - - 2,988,926 - 2,988,926 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 50,000 63,000 113,000 113,000 113,000 2020: Re-appropriate $53K for remaining two payments for PD SQL licensing; $50K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; 2019: Police Department Records Mgmt. system SQL licensing ($91K)Public Safety Equipment58,831 58,831 58,831 58,831 2020: $26K bullet proof vests (8) for Special Ops Unit (SOU); $5.8K replace handheld citation device with in car computer interface; $4.6K for "Stop Stick" tire deflation devices for patrol cars; $22.2K for an unmanned aircraft system (UAS), or drone with thermal detection for use by both police and fire. The cost also covers "pilot" training and maintenanceFire Safety Equipment40,000 2,802 (32,002) 10,800 10,800 10,800 2020: Re-appropriate $2.8K for final equipment dryer bills; Defer Wildland Personal Protection Equipment (PPE) to 2021; Reduce confined space equipment ($15K) to $8K; 2019: Long Range acoustical device ($50K), personal protective equipment dryer ($9K); Thermal Imaging Cameras12,000 5,245 (9,245) 8,000 8,000 8,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriers; Reduce to $8KFire Station Alert System 198,000 (198,000)- - 2020: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Defer $198K to 2021Total Public Safety358,831 71,047 (239,247) 190,631 - - 190,631 - 190,631 Community and Guest Service Children's Garden of Learning Facility Relocation-- - 300,000 300,000 Placeholder for design to build a temporary facility for Children's' Garden of LearningEnergy Enhancements-223,847 223,847 223,847 223,847 2020: Electric car charges at various town locations ($73.8K); $150K for electrical infrastructure at the Lionshead Parking structure for 4 car charging stationsPedestrian Safety Enhancements-1,471,769 1,471,769 1,471,769 1,471,769 2020: Continue replacement of 40+ year old overhead lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); project includes underground electrical enhancements for lightingCivic Area Redevelopment1,000,000 1,000,000 1,000,000 1,000,000 2020: $1M Placeholder to explore outcomes of the Civic Center Master Plan such as feasibility studies / design Underground Utility improvements-496,670 496,670 496,670 496,670 2020: Re-appropriate $302K plus additional $50K for Bighorn Rd and Intermountain projectGuest Services Enhancements/Wayfinding-36,120 36,120 36,120 36,120 2020: Final bills for new street signs and accompanying light poles town-wideRockfall Mitigation near Timber Ridge-42,568 42,568 42,568 42,568 2020: Final Rock fall mitigation near Timber RidgeVehicle Expansion85,000 85,000 (14,300) 70,700 70,700 2020: Reflect savings of $14.3K from the commander vehicle purchases: 2 commander vehicles ($80K); Trailer for event cattle guards ($5K);Total Community and Guest Service1,085,000 2,270,974 -3,355,974 - (14,300) 3,341,674 300,000 3,641,674 Total Expenditures26,896,754 20,125,737 (17,028,472) 29,994,019 122,013 (4,614,300) 25,501,732 300,000 25,801,732 Other Financing Sources (Uses)Transfer from Vail Reinvestment Authority2,550,000 (894,709) 1,655,291 1,655,291 1,655,291 2020: LH landscape improvements ($30.3K), LH place crosswalk ($75K), Lionshead parking structure ($50K), Red Sandstone parking garage reimbursement ($1.5M)Transfer to RETT Fund-(3,000) (3,000) (3,000) (3,000) Use of faculty capital savings for Sunbird park contractTransfer to Housing Fund(2,500,000) (2,500,000) (2,500,000) (2,500,000) Transfer to Housing Fund; 1.5M per year; Revenue Over (Under) Expenditures(10,476,588) (21,103,770) 13,453,472 (18,126,886) (122,013) 2,306,300 (15,942,599) (300,000) (16,242,599) Beginning Fund Balance16,414,88739,215,08239,215,08239,215,082Ending Fund Balance5,938,299 21,088,196 23,272,483 22,972,483 7 September 1, 2020 - Page 48 of 55 Proposed 2020 1st 2020 4th 2020 Budget Supplemental Amended Supplemental Amended Revenue Housing Fee in Lieu Annual Collections - - - - Transfer in from Capital Projects Fund 2,500,000 - 2,500,000 2,500,000 Workforce Housing Sales - 520,000 520,000 874,434 1,394,434 Sale of Chamonix Parcel E to be used toward future housing projects Total Revenue 2,500,000 520,000 3,020,000 874,434 3,894,434 Expenditures InDEED Program 2,500,000 2,797,725 5,297,725 5,297,725 Town of Vail Rental Inventory - 35,125 35,125 35,125 Solar Vail Housing Development - -- - Chamonix unit - 520,000 520,000 520,000 Buy Down Housing - 306,460 306,460 874,434 1,180,894 Total Expenditures 2,500,000 3,659,310 6,159,310 874,434 7,033,744 Operating Income - (3,139,310) (3,139,310) - (3,139,310) Beginning Fund Balance - 3,139,310 3,139,310 Ending Fund Balance -$ -$ -$ -$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND 8 September 1, 2020 - Page 49 of 55 Proposed COVID Adjustments1stCOVID-19 20202nd COVID-19 2020 COVID-19 20204th2020New Request/Adjustment2020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments Amended Supplemental AmendedRevenueReal Estate Transfer Tax 6,300,000$ 6,300,000$ 6,300,000$ 6,300,000$ 6,300,000$ 2020: flat with 2019 budget and 17.6% decrease from 2018Golf Course Lease168,317 168,317 168,317 168,317 168,317 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue20,000 1,180,000 (700,000) 500,000 500,000 500,000 500,000 2020: Re-appropriate $150K reimbursement from Eagle County and $1M from ERWSD (less $700K for cost savings) for the restabilization of Dowd Junction; Re-appropriate $30K fishing is fun grant; $20K lottery proceeds; Project Reimbursements- 20,000 20,000 20,000 20,000 20,000 2020: Re-appropriate $20K reimbursement for WestHaven stormwater filtration upgrades from Grand HyattDonations- 37,544 37,544 37,544 37,544 37,544 2020: Re-appropriate $37.5K unused donation from East West partners for Ford Park art space; 2019: $169.4K community funding for the Seibert Memorial- See corresponding expenditure below; $50K revenue recognition from East West Partners for Ford Park art space- See corresponding expenditure belowRecreation Amenity Fees10,000 10,000 10,000 10,000 10,000 Earnings on Investments and Other100,849 2,000 102,849 102,849 102,849 102,849 2020: 1.8% rate assumed; $32K bag fee reimbursement for Clean-Up Day and America Recycles DayTotal Revenue6,599,166 1,239,544 (700,000) 7,138,710 - - 7,138,710 - 7,138,710 - 7,138,710 ExpendituresManagement Fee to General Fund (5%)315,000 315,000 315,000 315,000 315,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management298,733 (6,947) 291,786 291,786 291,786 291,786 Operating budget for Wildland Fire crew; 10% operating reduction and 0% merit remainder of the yearTotal Wildland298,733 -(6,947) 291,786 - - 291,786 - 291,786 - 291,786 ParksAnnual Park and Landscape Maintenance1,816,014 (97,689) 1,718,325 4,000 (195,848) 1,526,477 26,000 1,552,477 101,000 1,653,477 Ongoing path, park and open space maintenance, project mgmt.; $26K for entertainment infrastructure at Ford Park Lower Bench; $4,000 for two new e-bikes for the trail host program; Town Trail Host volunteer program ($16,000), “Clean-up after your K-9” media campaign ($2,000), and a planning effort with the USFS to generate long-term solutions ($30,000). 2020 also includes $43K for replacement of 27 year old large flower containers; 10% operating cuts and 0% merit remainder of yearPark / Playground Capital Maintenance125,000 50,108 175,108 175,108 175,108 175,108 2020: $175.1K Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenanceRec. Path Capital Maint140,000 140,000 140,000 140,000 140,000 Capital maintenance of the town's recreation path system; 2020: includes $50K replacement of wood slats on Nature Center/Ford Park bridgeTree Maintenance65,000 65,000 65,000 65,000 65,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement120,000 32,469 152,469 152,469 152,469 15,466 167,935 2020: Re-appropriate $32.5K for summer bike coral in parking structure; 2020 includes contract to assess pedestrian bridge ($15K); Additional 12 space bike racks near Amphitheater restroom/concessions building, school house and fields/concessions ($30K)Covered Bridge Pocket Park Rehabilitation- 82,088 82,088 82,088 82,088 30,000 112,088 2020: Re-appropriate $82.1K to complete Pocket Park rehabilitation; Transfer savings of $30K from Streambank Restoration to completeStephens Park Safety Improvements- 292,306 292,306 161,000 453,306 453,306 453,306 2020: $453.3K for Stephens Park safety improvements; includes a transfer of $161K from East Vail Interchange; Park improvements include access improvements to extended sidewalk, new stairs and other site improvements; playground was built in 1990'sFord Park Improvements & Fields - 54,636 54,636 54,636 54,636 54,636 2020: $54.6K to complete Ford Park landscaping improvementsVail Transit Center Landscape- 107,133 107,133 107,133 107,133 107,133 2020: Completion of landscaping at Vail transit centerSunbird Park Fountain Repairs120,000 3,000 123,000 123,000 123,000 123,000 2020: Repairs to fountain feature; requires excavation to get to leaking pipe; currently unable to run main center fountainFord Park Enhancement: Priority 3 Landscape area75,000 75,000 75,000 75,000 75,000 2020: Landscape playground/basketball berm, softball area, frontage rd. & east berms, below tennis courtsTotal Parks2,461,014 621,740 (97,689) 2,985,065 165,000 (195,848) 2,954,217 26,000 2,980,217 146,466 3,126,683 Rec Paths and TrailsVail Valley Drive Path Extension: Ford Park to Ptarmigan- 375,389 (325,389) 50,000 50,000 50,000 50,000 2020: $50K to strip and design future improvement; $325,389 deferred to 2021Vail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building- 375,389 (325,389) 50,000 50,000 50,000 50,000 2020: $50K to strip and design future improvement; $325,389 deferred to 2021Gore Valley Trail Bridge Replacement- 10,000 10,000 10,000 10,000 10,000 2020: $10K for final design bills for Gore Valley Trail realignmentGore Valley Trail Realignment - 67,182 67,182 200,000 267,182 267,182 267,182 2020: Bring forward 2021 budget for design work; Re-appropriate $67.2K for Gore Valley trail re-alignment designEast Vail Interchange Improvements- 451,284 451,284 (161,000) 290,284 290,284 290,284 2020: $290.3K to continue East Vail interchange project; Transferred $161K to Stephen's Park safety improvements;Dowd Junction repairs and improvements- 2,101,437 (1,400,000) 701,437 701,437 701,437 701,437 2020: Continue Re-stabilization of Dowd Junction path ($2.1M); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC); offset with reimbursement of $150K reimbursement from Eagle County and $300K reimbursement from ERWSD; $1.4M cost reduction identifiedGore Valley Trail Reconstruction (Conoco to Donovan)- 25,000 25,000 25,000 25,000 25,000 2020: $25K to complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionNorth Recreation Path- Sun Vail to Pedestrian Bridge- 233,380 233,380 233,380 233,380 233,380 2020: $235K for North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge to coincide with the Red Sandstone parking garage projectTotal Rec Paths and Trails- 3,639,061 (2,050,778) 1,588,283 39,000 - 1,627,283 - 1,627,283 - 1,627,283 TOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 9 September 1, 2020 - Page 50 of 55 Proposed COVID Adjustments1stCOVID-19 20202nd COVID-19 2020 COVID-19 20204th2020New Request/Adjustment2020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Recreational FacilitiesNature Center Operations90,000 90,000 90,000 90,000 90,000 Nature Center operating costs including $75K Walking Mountains contract and $15K for maintenance and utilitiesNature Center Capital Maintenance145,292 145,292 145,292 145,292 145,292 2020: Wood siding and trim ($9.5K), window replacement ($10.3K), exterior door repairs ($7.6K); steep slope roofing replacement ($27.5K); signage ($17.2K), paths and walkways ($6.9K), timber stairway ($12.2K), shade structure reconstruction ($36.0K)Nature Center Redevelopment- 383,522 383,522 383,522 383,522 383,522 2020: $383.5K for further planning and design for a nature center remodelRecreation Facility Maintenance- 25,000 25,000 25,000 25,000 25,000 $25K for general RETT facility maintenanceGolf Clubhouse & Nordic Center- 33,824 33,824 33,824 33,824 33,824 2020: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities235,292 442,346 -677,638 - - 677,638 - 677,638 - 677,638 EnvironmentalEnvironmental Sustainability523,736 (10,334) 513,402 (37,440) 475,962 475,962 475,962 Annual operating expenditures for Environmental department (4 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc. 2020 Energy Coordinator FTE requested; 10% reduction in operating expense and 0% merit impactRecycling and Waste Reduction Programs152,500 73,000 (7,955) 217,545 217,545 217,545 217,545 2020: Re-appropriate $55K for Love Vail website; $10K to continue recycled art project; Reclass $7.5 Recycling Education from energy and transportation to Recycling Programs project code, new request $10K for single haul consultant; 2020: Love Vail website improvement ($30K); ; Annual expenditures: Green Team ($2.5K); Eagle County recycling hauls (reimbursed) $(25K); Zero Hero recycling at events ($25K); Actively Green contract ($40K); Recycling compliance, education, public art and compost pilot ($30K); 10% operating cuts and 0% meritEcosystem Health233,500 44,413 (52,000) 225,913 225,913 225,913 225,913 2020: Re-appropriate $45.9K for NEPA contract for bighorn sheep improvement project (Defer to 2021); Annual wildlife forum ($2.5K) cancelled in 2020; CC4CA Retreat - host community ($3K); Sustainable Destination contract ($30K); Trees for Vail $5K; Strategic Plan completion and phase I rollout ($10K); Biodiversity study as outcome of open lands plan ($50K); Forest Ranger program ($33K); wildlife habitat improvements/NEPA ($100K); 2019: Wildlife habitat program (NEPA study, field work) ($75K); Front Range Program $33K, Trees for Vail $5K, Sustainable Destination Contract $30k, CC4C Retreat $2.5K, Annual Wildlife Forum $2K Energy & Transportation72,500 72,500 72,500 72,500 72,500 2020: E-bike pilot program research ($25K); Annual expenditures: Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); Streamtract Education/Mitigation50,000 31,800 81,800 81,800 81,800 81,800 2020: $31.8K for project Re-wild; $50K for ongoing streamtract education programming such as "Lunch with Locals", landscape workshops, City Nature Challenge and storm drain artWater Quality Infrastructure1,000,000 (750,000) 250,000 250,000 250,000 250,000 2019: Continuation of water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" includes $135K for water mitigation roof runoff grant at PW; 2019-2021 funds to continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; Defer $750K to 2021; 2020 project will be design of West Vail water quality Streambank Mitigation400,000 280,782 680,782 680,782 680,782 (30,000) 650,782 2019-2021 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 Fishing is Fun grant ($30K)- See carryforward of grant revenue above Gore Creek Interpretive Signage81,000 71,450 152,450 152,450 152,450 152,450 2020: Re-appropriate $71.5K for Phase I of Gore Greek Interpretive signage (design); 2020: Phase II of Gore Creek Interpretive Signage includes installation of "story stations" and interpretive picnic table tops.PW Solar Project1,100,000 (1,100,000) - - - - 2020: Installation of solar panels at Public Works Shops; Defer to 2021Open Space Land Acquisition250,000 (250,000) - - - - 2020: $250K annual set aside for purchase of open space - defer to 2021Total Environmental3,863,236 501,445 (2,170,289) 2,194,392 - (37,440) 2,156,952 - 2,156,952 (30,000) 2,126,952 ArtPublic Art - Operating130,771 130,771 130,771 130,771 130,771 Art in Public Places programming and operationsPublic Art - General program / art60,000 538,022 (538,022) 60,000 60,000 60,000 60,000 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds. Defer carryover amount to 2021 while keeping annual expense intactPublic Art - Winterfest30,000 26,094 56,094 56,094 56,094 56,094 2020: Re-appropriate $24.1K for Winterfest, $2K for damaged ice sculpture reimbursement; Winterfest $30K per yearSeibert Memorial Statue- - - - - 2019: Pete Seibert Memorial statue- See corresponding community reimbursement aboveArt Space- 37,544 37,544 37,544 37,544 37,544 2019: Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art220,771 601,660 (538,022) 284,409 - - 284,409 - 284,409 - 284,409 ContributionsBetty Ford Alpine Garden Support71,094 71,094 71,094 71,094 71,094 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseEagle River Watershed Support40,000 40,000 40,000 40,000 40,000 Annual support of the Eagle River Watershed Council programs Adopt A Trail5,100 5,100 5,100 5,100 5,100 Adopt A Trail Council Contribution for trails in or bordering the TownTotal Contributions116,194 --116,194 - - 116,194 - 116,194 - 116,194 VRD-Managed Facility ProjectsRecreation Enhancement Account168,317 373,348 541,665 541,665 541,665 541,665 2019: Accumulation of annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($141,604); This amount will not be spent in 2020, but not removing because this account reserve is a term of the lease with VRDGolf Course - Other 494,636 227,873 722,509 722,509 722,509 722,509 2020: Re-appropriate $227K to complete reconstruction of maintenance building, parking and asphalt repairs, and drainage improvements; chain link-netting hybrid safety fence ($230K); complete asphalt repairs ($75K); repair wood trim on maintenance building ($25.8K), privacy fence repairs($2.2K), replace roof ($161.2K);Dobson Ice Arena- 161,023 161,023 161,023 161,023 161,023 2020: Appropriate to complete pavers and roof repairs ($161K)Ford Park / Tennis Center Improvements91,467 72,000 163,467 163,467 163,467 163,467 2020: Re-appropriate $72K for replace gutters ($10.0K), Stain wood siding of concessions ($6.0K) and restrooms ($6.0K), restroom remodel (50K); 2020: Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K)Athletic Fields - 6,000 6,000 6,000 6,000 6,000 2020: Re-appropriate for sealcoat and crack fill in parking lot $6KGymnastics Center- 258,608 258,608 258,608 258,608 258,608 2020: $258.6K for new cooling system10 September 1, 2020 - Page 51 of 55 Proposed COVID Adjustments1stCOVID-19 20202nd COVID-19 2020 COVID-19 20204th2020New Request/Adjustment2020 Supplemental Adjustments Amended Supplemental Adjustments Amended Adjustments Amended Supplemental AmendedTOWN OF VAIL 2020 AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Total VRD-Managed Facility Projects 754,419 1,098,852 -1,853,271 - - 1,853,271 - 1,853,271 - 1,853,271 Total Expenditures8,264,660 6,905,104 (4,863,725) 10,306,039 204,000 (233,288) 10,276,751 26,000 10,302,751 116,466 10,419,217 Other Financing Sources (Uses)Transfer from General Fund- Transfer from Capital Project Fund3,000 3,000 3,000 3,000 3,000 Revenue Over (Under) Expenditures(1,665,494) (5,662,560) 4,163,725 (3,164,329) (204,000) 233,288 (3,135,041) (26,000) (3,161,041) (116,466) (3,277,507) Beginning Fund Balance3,824,95114,684,01314,684,01314,684,01314,684,013Ending Fund Balance2,159,457$ 11,519,684$ 11,548,972$ 11,522,972$11,406,506$ 11 September 1, 2020 - Page 52 of 55 Ordinance No. 10, Series of 2020 ORDINANCE NO. 10 SERIES OF 2020 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, MARKETING FUND, CAPITAL PROJECTS FUND, HOUSING FUND, AND REAL ESTATE TRANSFER TAX FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THE RETO. WHEREAS, contingencies have arisen during the fiscal year 20 20 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinanc e No. 13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the T own Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorad o, the Town Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 113,992 Marketing Fund 70,000 Capital Projects Fund 300,000 Housing Fund 874,434 Real Estate Transfer Tax 116,466 Interfund Transfer (70,000) Total $ 1,404,892 2. 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 phras es be declared invalid. September 1, 2020 - Page 53 of 55 Ordinance No. 10, Series of 2020 3. The Town Council hereby finds, determines, and declares that this ordinan ce is necessary and proper for the health, saf ety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commence d under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby s hall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of September, 2020, and a public hearing shall be held on this Ordinance on the 15th day of September, 2020, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Dave Chapin, Mayor ATTEST: ___________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of September. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk September 1, 2020 - Page 54 of 55 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 7:35 pm (estimate) September 1, 2020 - Page 55 of 55