HomeMy WebLinkAbout2021-11-16 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 P M, November 16, 2021
Meeting to be held in C ouncil Chambers and Virtually on
Zoom (access H igh Five Access Media livestream day of the
meeting)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
2.Recognitions
2.1.Recognition of Alice Plain, Director of Golf at the Vail Golf Club,
for Colorado P GA Golf Professional of the Year
5 min.
Presenter(s): Dave Chapin, Mayor
Alice Plain, the director of golf at the Vail Golf Club, has been selected as
the 2021 Colorado P GA Golf Professional of the Year. This is the highest
honor given annually by the Colorado P GA.
2.2.Recognition Kate Cocchiarella, President of the Board of Education for
Eagle County
5 min.
Presenter(s): Dave Chapin, Mayor
Kate Cocchiarella, President the Board of Education for Eagle County, has
served on the board from 2010 to 2021 with the last six years as the B OE's
President.
2.3.Recognition for Outgoing Council Members J enn Bruno, Dave Chapin, and
Brian Stockmar
5 min.
Presenter(s): Kim Langmaid, Mayor Pro Tem; Scott Robson, Town
Manager
Acknowledgement and appreciation will be given Mayor Dave Chapin and
Councilor J enn Bruno as they finish eight years of service, and Councilor
Brian Stockmar who is finishing two years of service as Vail Town Council
members.
3.Proclamations
November 16, 2021 - Page 1 of 87
3.1.Proclamation No. 9, Series of 2021, Colorado Gives Day 5 min.
Presenter(s): Sarah Heredia, Grassroots Committee of the Eagle County
Gives Collaborative
Action Requested of Council: Approve Proclamation No. 9, Series 2021
Background: Community First Foundation and FirstBank have partnered in
an effort to increase charitable giving in our community through the online
giving initiative Colorado Gives Day. Colorado Gives Day in 2020 raised
$50 million in a single 24-hour period via online donations, $1.5 million to
Eagle County nonprofits, at eaglecogives.org, a website allowing donors to
direct their contributions to one or more of the 50+ local, Eagle County,
charities featured on the site, making it an ideal resource for facilitating
charitable giving to our locally-based nonprofit organizations.
4.Consent Agenda (5 min.)
4.1.Resolution No. 52, Series of 2021, Approving Two Grant Agreements
between the Town of Vail and the Colorado Department of Transportation
("C D OT").
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 52, Series of 2021.
Background: The Town of Vail and C D OT wish to enter into certain grant
agreements for the purpose of 1) the procurement of battery electric
busses; and 2) the procurement of chargers to be used for the electric
busses.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 52, Series of 2021.
5.Town Manager Report (5 min.)
6.Action Items
6.1.First reading of Ordinance No. 23, Series 2021, An Ordinance providing
for the Levy Assessment and Collection of the Town Property Taxes due for
the 2021 year and payable in the 2022 Fiscal Year
10 min.
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve or approve with amendments
Ordinance No. 23, Series 2021.
Background: The town is required by Colorado state law to certify the mill
levy by December 15th of each year.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 23, Series 2021.
7.Public Hearings
7.1.Ordinance No. 22, Series of 2021, Second Reading, Budget Supplemental
No. 3, an ordinance making budget adjustments to the Town of Vail General
Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing
Fund, Marketing Fund, Dispatch Services Fund, Timber Ridge Fund, and
Residences at Main Vail Fund of the 2021 Budget for the Town of Vail
15 min.
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve, or approve with amendments
Ordinance No. 22, Series 2021.
Background: Please see attached memorandum.
Staff Recommendation: Approve, or approve with amendments Ordinance
November 16, 2021 - Page 2 of 87
No. 22, Series 2021.
8.Adjournment
8.1.Adjournment (est. 7:00 p.m.)
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
website the week following meeting day, www.highfivemedia.org.
P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
November 16, 2021 - Page 3 of 87
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: Recognition of Alice Plain, Director of Golf at the Vail Golf Club, for Colorado
P G A Golf P rofessional of the Year
P RE S E NT E R(S ): Dave Chapin, Mayor
B AC K G RO UND: Alice Plain, the director of golf at the Vail Golf Club, has been selected as the
2021 Colorado P G A Golf Professional of the Year. T his is the highest honor given annually by the
Colorado P G A .
November 16, 2021 - Page 4 of 87
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: Recognition K ate Cocchiarella, P resident of the B oard of Education for Eagle
County
P RE S E NT E R(S ): Dave Chapin, Mayor
B AC K G RO UND: K ate Cocchiarella, P resident the B oard of Education for Eagle County, has
served on the board from 2010 to 2021 with the last six years as the B O E 's President.
November 16, 2021 - Page 5 of 87
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: Recognition for Outgoing Council Members J enn Bruno, Dave Chapin, and B rian
S tockmar
P RE S E NT E R(S ): K im L angmaid, Mayor P ro Tem; S cott Robson, Town Manager
B AC K G RO UND: Acknowledgement and appreciation will be given Mayor Dave Chapin and
Councilor J enn Bruno as they finish eight years of service, and Councilor Brian S tockmar who is
finishing two years of service as Vail Town Council members.
November 16, 2021 - Page 6 of 87
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: Proclamation No. 9, Series of 2021, Colorado Gives Day
P RE S E NT E R(S ): S arah Heredia, Grassroots Committee of the E agle County Gives
Collaborative
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove P roclamation No. 9, S eries 2021
B AC K G RO UND: Community F irst Foundation and FirstB ank have partnered in an effort to
increase charitable giving in our community through the online giving initiative Colorado Gives Day.
Colorado Gives Day in 2020 raised $50 million in a single 24-hour period via online donations,
$1.5 million to E agle County nonprofits, at eaglecogives.org, a website allowing donors to direct
their contributions to one or more of the 50+ local, E agle County, charities featured on the site,
making it an ideal resource for facilitating charitable giving to our locally-based nonprofit
organizations.
AT TAC H ME N TS:
Description
Proclamation No. 9, Series 2021
November 16, 2021 - Page 7 of 87
PROCLAMATION NO. 9, SERIES OF 2021
COLORADO GIVES DAY
WHEREAS, charitable giving in Eagle County, Colorado is critical to providing support
that local nonprofit organizations need to make our community a desirable place to live;
and
WHEREAS, research shows an increase in online giving both locally and nationally, and
many believe it is the future of philanthropy; and
WHEREAS, Community First Foundation and FirstBank have partnered in an effort to
increase charitable giving in our community through the online giving initiative Colorado
Gives Day; and
WHEREAS, Colorado Gives Day in 2020 raised $50 million in a single 24-hour period
via online donations, $1.5 million to Eagle County nonprofits, at eaglecogives.org, a
website allowing donors to direct their contributions to one or more of the 50+ local,
Eagle County, charities featured on the site, making it an ideal resource for facilitating
charitable giving to our locally-based nonprofit organizations.
WHEREAS, Colorado Gives Day is Tuesday, December 7th this year, and all citizens
are encouraged to participate because all donations, large or small, can make a
difference to nonprofits in need.
NOW THEREFORE, the Mayor and Vail Town Council do hereby proclaim that
Tuesday, December 7, 2021, will be known as Colorado Gives Day in our community.
Dated this 16th day of November.
Vail Town Council Attest:
Dave Chapin, Mayor Tammy Nagel, Town Clerk
_________________________ _________________________
November 16, 2021 - Page 8 of 87
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. 52, S eries of 2021, A pproving Two Grant A greements between
the Town of Vail and the Colorado Department of Transportation ("C D O T ").
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny
Resolution No. 52, Series of 2021.
B AC K G RO UND: The Town of Vail and C D O T wish to enter into certain grant agreements for the
purpose of 1) the procurement of battery electric busses; and 2) the procurement of chargers to be
used for the electric busses.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 52,
S eries of 2021.
AT TAC H ME N TS:
Description
Resolution 52, Series 2021
Agreement 1
Agreement 2
November 16, 2021 - Page 9 of 87
RESOLUTION NO. 52
Series of 2021
A RESOLUTION APPROVING TWO GRANT AGREEMENTS BETWEEN
THE TOWN OF VAIL AND THE COLORADO DEPARTMENT OF
TRANSPORTATION (“CDOT”)
WHEREAS, the Town and CDOT wish to enter into certain grant agreements for
the purpose of 1) the procurement of battery electric busses; and 2) the procurement of
chargers to be used for the electric busses, as set for in Exhibit A, attached hereto and
incorporated herein by this reference (the “IGA’S”)
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA’S in substantially the form
attached hereto as Exhibit A, and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA’S on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 16th day of November 2021.
_________________________
Dave Chapin, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
November 16, 2021 - Page 10 of 87
Contract Number: 22-HTR-ZL-00110/491002764 Page 1 of 27 Version 10/30/19
STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number/PO Number
22-HTR-ZL-00110/491002764
Grantee
TOWN OF VAIL
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2024 Grant Agreement Amount
Settlement Funds Maximum Amount Fund Expenditure End Date
December 31, 2024 State Fiscal Year 2022
Local Funds
Total for all State Fiscal Years
$2,064,548.00
$0.00
$2,064,548.00
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-
101(4)(c), 43-4-811(2), SB18-001, SB17-228 and
SB17-267.
Agreement Purpose
The purpose of this Grant is for CDOT to disburse Settlement Program Funds to Grantee to conduct work
within the provisions of this Grant. The work to be completed under this Grant by the Grantee is more
specifically described herein.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work and Budget.
2. Exhibit B, Acquisition Vehicle Cost Reimbursement Worksheet.
3. Exhibit C, Sample Option Letter.
4. Exhibit D, Title VI-Civil Rights.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit D, Title VI-Civil Rights.
2. Colorado Special Provisions in §17 of the main body of this Agreement.
3. The provisions of the other sections of the main body of this Agreement.
4. Exhibit A, Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State:
Brodie Ayers
Division of Transit and Rail
2829 W. Howard Pl.
Denver, CO 80204
brodie.ayers@state.co.us
For Grantee:
Chris Southwick
TOWN OF VAIL
75 SOUTH FRONTAGE ROAD W
VAIL, CO 81657
csouthwick@vailgov.com
November 16, 2021 - Page 11 of 87
Contract Number: 22-HTR-ZL-00110/491002764 Page 2 of 27 Version 10/30/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE
TOWN OF VAIL
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
__________________________________________
By: Amber Blake, Director
Division of Transit and Rail
Date: _________________________
2nd State or Grantee Signature if needed
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
November 16, 2021 - Page 12 of 87
Contract Number: 22-HTR-ZL-00110/491002764 Page 3 of 27 Version 10/30/19
TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................ 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK ...................................................................................................................... 6
5. PAYMENTS TO GRANTEE ................................................................................................................. 6
6. REPORTING - NOTIFICATION ........................................................................................................... 7
7. GRANTEE RECORDS ........................................................................................................................... 8
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 8
9. CONFLICTS OF INTEREST ................................................................................................................. 9
10. INSURANCE ........................................................................................................................................ 10
11. BREACH OF AGREEMENT ............................................................................................................... 11
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 13
14. NOTICES and REPRESENTATIVES .................................................................................................. 13
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 14
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 16
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page
for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§5.D, or after the Fund Expenditure End Date. If the Work will be performed in multiple phases, the period
of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter
attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Grantee in a form substantially equivalent to the Sample Option Letter
attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution
of a replacement Agreement or modification extending the total term of this Agreement.
E. Early Termination in the Public Interest
November 16, 2021 - Page 13 of 87
Contract Number: 22-HTR-ZL-00110/491002764 Page 4 of 27 Version 10/30/19
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Grantee, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the
rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal
to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed
the Grant Maximum Amount payable to Grantee hereunder.
F. Grantee’s Termination Under State Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for
the termination and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior to the effective
date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a
receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30
days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
C. “Budget” means the budget for the Work described in Exhibit A.
D. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
F. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Grantee’s Work that is intended to be delivered by
Grantee.
G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
H. “End of Term Extension” means the time period defined in §2.D.
I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
November 16, 2021 - Page 14 of 87
Contract Number: 22-HTR-ZL-00110/491002764 Page 5 of 27 Version 10/30/19
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
M. “Grant Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction,
or consent.
O. “Initial Term” means the time period defined in §2.B.
P. “Matching Funds” (Local Funds) means the funds provided by Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother‘s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
S. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of physical form.
X. “Subcontractor” means any third party engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub-grantees of Grant Funds.
Y. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
November 16, 2021 - Page 15 of 87
Contract Number: 22-HTR-ZL-00110/491002764 Page 6 of 27 Version 10/30/19
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit
A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of
any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Grant Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Grant Maximum Amount for that State Fiscal
Year shown on the Cover Page of this Agreement as “Settlement Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the conditions set forth in Exhibit
A.
b. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by
the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Grantee and previously accepted
by the State during the term that the invoice covers. If the State determines that the amount of any
invoice is not correct, then Grantee shall make all changes necessary to correct that invoice.
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing
to be made available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining
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of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by
the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee
represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally
appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments
in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If
Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
i. Any costs incurred by Grantee prior to the Effective Date shall not be reimbursed.
ii. The State shall reimburse Grantee’s allowable costs, not exceeding the Grant Maximum Amount shown
on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this
Agreement and shown in Exhibit A, except that Grantee may adjust the amounts between each line item
of Exhibit A without formal modification to this Agreement as long as the Grantee provides notice to
the State of the change, the change does not modify the Grant Maximum Amount of this Agreement or
the Grant Maximum Amount for any State Fiscal Year, and the change does not modify any requirements
of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred.)
iv. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and
Cover Page for this Agreement, or after any phase performance period end date for a respective phase
of the Work, shall not be reimbursable. Grantee shall initiate any payment request by submitting invoices
to the State in the form and manner set forth and approved by the State.
E. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover
Page for this Agreement. To complete close-out, Grantee shall submit to the State all Deliverables (including
documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State
will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for
each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
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If Grantee is served with a pleading or other document in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days
after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised
by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State criminal law
involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State may impose
any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to, the operation of programs) or Goods hereunder (collectively, the “Grantee Records”). Grantee
shall maintain such records for a period of three years following the date of submission to the State of the
final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission
of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or
audit related to this Award starts before expiration of the Record Retention Period, the Record Retention
Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by
the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Grantee shall permit the State and any other duly authorized agent of the State to audit, inspect, examine,
excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless
the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the
State.
C. Monitoring
The State and any other duly authorized agent of the State, in its discretion, may monitor Grantee’s
performance of its obligations under this Agreement using procedures as determined by the State. The State
shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time
during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
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publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except
as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State
Records to the State’s Principal Representative identified on the Cover Page of this Agreement.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State
upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State
with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, Grantee shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Grantee can establish that Grantee, and its agents, employees, and Subcontractors are not the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring
a similar type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at
Grantee’s sole expense, require Grantee to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Grantee shall provide the State with the results of such audit and
evidence of Grantee’s planned remediation in response to any negative findings.
E. Data Protection and Handling
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide
for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption, security inspections, and audits.
Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24-73-101, et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
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Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of his or her immediate family or his
or her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105,
C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Grantee employs or contracts with any State employee, any former State employee
within six months following such employee’s termination of employment with the State, or any immediate
family member of such current or former State employee. Grantee shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment relationship as
described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of
Agreement. Grantee may also be subject to such penalties as are allowed by law.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Grantee or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
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Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
H. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
I. Cancellation
All insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such
notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement
shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise
against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated
above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the
meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
L. Certificates
For each insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State
certificates evidencing Grantee’s insurance coverage required in this Agreement prior to the Effective Date.
Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement prior to the Effective Date, except that, if Grantee’s subcontract is not in effect as of the
Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Grantee’s execution of the subcontract.
No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the
term of this Agreement, upon request by the State, Grantee shall, within seven Business Days following the
request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement
to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the
delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
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notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred
or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period
and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of
the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State
all Work not cancelled by the termination notice, and may incur obligations as necessary to do so
within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of
Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s request,
Grantee shall return materials owned by the State in Grantee’s possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Grantee
was not in breach or that Grantee’s action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations of the Parties shall be
as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for
any damages sustained by the State in connection with any breach by Grantee, and the State may
withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as
the exact amount of damages due to the State from Grantee is determined. The State may withhold
any amount that may be due Grantee as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs incurred by the
State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective
action as specified by the State without entitling Grantee to an adjustment in price or cost or an
adjustment in the performance schedule. Grantee shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b. Withhold Payment
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Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the State; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii)
replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available
at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Grantee wishes to
challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, in the same manner
as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated
in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code applies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
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15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State
and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law
or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Grantee are the exclusive
property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of Grantee’s
obligations in this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form
and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third-party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the
applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without providing notice to the State. The State may reject any such Subcontractor, and Grantee
shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any work after that Subcontractor’s subcontract has been rejected by the State. Grantee shall submit to the
State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts
entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
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using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Grantee. Grantee shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
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P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
i. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at
its sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit D at all times during the term of this
Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee..
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers’ compensation and
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unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, without limitation, immediate termination
of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due
under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate
method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee 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 Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien
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to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or the program procedures
of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-
employment screening of job applicants while this Agreement is being performed, (ii) shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Grantee
has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of
higher education or political subdivision may terminate this Agreement for breach and, if so terminated,
Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description 2022 Settlement VAIL Four electric buses replacement
Project End Date December 31, 2024
Subrecipient Town of Vail DUNS # 075753293
Contact Name Chris Southwick Vendor # 2000003
Address 75 South Frontage Road
Vail, CO 81657-5096
Phone # (908) 752-2759
Email csouthwick@vailgov.com Indirect Rate N/A
WBS* 24564.10.50 ALI 11.12.01
Total Project Budget $2,064,548.00
Settlement Program Funds $2,064,548.00
Other Grant Program Funds $0.00
Local Funds $0.00
Total Project Amount Encumbered via this Grant Agreement $2,064,548.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Definitions
1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the
qualifying vehicle(s) of like size, capacity, and class.
2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation
Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions
Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary,
including the certain categories of eligible mitigation actions determined appropriate to achieve
the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP.
3. Charging equipment: Devices specifically associated with and required for the operation of the
electric vehicle(s) purchased with Settlement Program funds.
4. Equipment installation: Work and materials associated with and required for the installation of
eligible charging equipment.
5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size,
capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the
incentive formula defined in the BMP.
6. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement
which is drivable and has been registered, insured, and operated in Colorado for the previous two
(2) years prior to the submit date of the application.
Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit
revenue service miles OR 1,250 or more transit revenue service hours amassed during the
previous two (2) years.
7. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by
the Trust and BMP.
8. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the
qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program
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funds be rendered inoperable and available for recycle,, which includes cutting the vehicle(s)
chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1
9. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the
BMP.
B. Project Description
Town of Vail shall use 2022 Settlement Program funds to purchase Four electric buses as more fully described
below. The purchase will support the goals of the Statewide Transit Plan and the BMP.
Town of Vail shall use Settlement Program funds to purchase the following ADA compliant acquisition vehicles:
ALI QTY Fuel Type Description Amount
11.12.01 4 Electric battery Four 40' Battery Electric Bus $2,064,548.00
The acquisition vehicle(s) identified above shall be purchased to replace four existing, qualifying vehicle(s)
from the list below, subject to CDOT approval, which shall be scrapped in accordance with this Grant
Agreement and the DTR Scrapping Guide:
VIN Fleet ID COTRAMS Inventory Year Model Make
15GGD301881079431
901-171 INV-00016398
2008
40' Low Floor
Gillig
15GGD301181079433 901-173 INV-00016400 2008
40' Low Floor
Gillig
15GGD301X81079432 901-172 INV-00016399 2008
40' Low Floor
Gillig
15GGD301781079436 901-176 INV-00016403 2008
40' Low Floor
Gillig
C. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
1/14/2022
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager
for Approval
3/15/2022
Take Delivery of (First) Vehicle/Equipment/Project Property 5/15/2023
Take Delivery of and Accept All Vehicles/Equipment/Project Property 8/15/2023
Submit Reimbursement Request in COTRAMS 9/15/2023
Scrap The Last Qualifying Vehicle 8/15/2024
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Grant Agreement: December 31, 2024.
1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the
qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant
Agreement.
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2. Town of Vail shall use the acquisition vehicle(s) purchased in its transit operations and shall
perform regularly recurring maintenance with specific performance measures tied to Town of
Vail’s written maintenance plans, and to those included in manufacturer’s recommendations and
warranty program(s). Town of Vail will measure whether this project is successful and improves
the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Grant Agreement. Town of Vail
shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met or are anticipated to not be met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. Town of Vail must comply and submit all reimbursements and reports associated, including the
assignment of “Colorado Department of Transportation” as the lienholder on the acquisition
vehicle(s) as a condition of project closeout.
5. Town of Vail will report the expected date of scrapping of each qualifying vehicle to the CDOT
Project Manager via email or Disposition Authorization (DA) Form in COTRAMS no less than
fourteen (14) calendar days prior to such date.
6. Performance Reporting Requirements:
a. Town of Vail agrees to report, to CDOT or its designee, the vehicle metrics used to
measure resulting project air quality benefits at the request of CDOT, which may include
vehicle mileage, usage, charging, or other data readily available through the operation of
the acquisition vehicle(s). Town of Vail will be required to report data at a minimum of
annually or at a maximum of quarterly for a period of no less than five (5) years
following the acceptance of each acquisition vehicle.
b. Town of Vail further agrees to collaborate with CDOT to support research and analytical
initiatives related to the project that mutually benefit the successful implementation and
operation of the project, which may include, among other things, sharing with or
providing access to CDOT or its designee to telemetric data generated by the acquisition
vehicle(s).
D. Project Budget
1. The Total Project Budget is $2,064,548.00. CDOT will pay no more than the eligible, actual
project costs, up to the maximum amount of $2,064,548.00. CDOT will retain any remaining
balance of the Settlement Program funds. Town of Vail shall be solely responsible for all costs
incurred in the project in excess of the amount paid by CDOT from Settlement Program funds for
eligible, actual costs. For CDOT accounting purposes, the Settlement Program funds of
$2,064,548.00 will be encumbered for this Grant Agreement.
2. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for
use on this project. CDOT will administer Settlement Program funds for this project under the
terms of this Grant Agreement, provided that the share of Settlement Program funds to be
administered by CDOT are made available and remain available.
E. Procurement
Procurement of the acquisition vehicle(s) will comply with state procurement procedures and the DTR Quick
Procurement Guide. In addition to the state requirements outlined below, state procedures for purchase of each of
the acquisition vehicles must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain Independent Cost Estimates (ICE) for:
a. the acquisition vehicle(s); and
b. the conventional-fueled bus(es) of like size, capacity, and class to the qualifying
vehicle(s) identified for replacement.
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2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of Vail shall request
a Purchase Authorization (PA), and submit a vendor quote for the acquisition vehicle(s) in
COTRAMS.
4. Upon delivery, Town of Vail shall be responsible for having the acquisition vehicle(s) inspected
and accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the
acquisition vehicle(s), Town of Vail will contact the vendor to resolve any defects and notify
CDOT.
5. Town of Vail shall be responsible for reimbursing the selected vendor within forty-five (45)
calendar days after acceptance of the acquisition vehicle(s).
F. Reimbursement Eligibility
Reimbursement for eligible project costs incurred will be paid to Town of Vail according to the schedule and
requirements below for those eligible costs incurred during the Grant Agreement effective dates.
Phase 1: Request for reimbursement shall be made following Town of Vail’s acceptance of and payment
for the acquisition vehicle(s). 80% of final, eligible acquisition vehicle(s) costs will be reimbursed upon
Town of Vail’s submission in COTRAMS of a reimbursement packet for each acquisition vehicle that
includes the following completed documents:
Independent Cost Estimates (ICE) for the acquisition vehicle and a conventional-fueled bus of like
size, capacity, and class to the qualifying vehicle
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA) with anticipated qualifying vehicle scrapping date
Signed Security Agreement (SA)
Application for Title showing “Colorado Department of Transportation” as the lienholder
Invoice
Acquisition Vehicle Cost Reimbursement Worksheet (see Exhibit B, attached hereto)
Proof of registration, insurance, and operation (e.g. preventative maintenance records,
mileage/service hour records) for the previous two (2) years for the specific, identified qualifying
vehicle being replaced by the acquisition vehicle
Proof of Payment
Post Delivery Certifications
Phase 2: Request for reimbursement shall be made within fourteen (14) calendar days of scrapping of the
qualifying vehicle(s). 20% of final, eligible acquisition vehicle(s) costs will be reimbursed upon Town of
Vail’s submission in COTRAMS of a secondary reimbursement packet for each acquisition vehicle that
includes the following completed documents:
Disposition Concurrence Request (DCR) for the qualifying vehicle
Copy of clean title for the qualifying vehicle
Disposition Authorization (DA) for the qualifying vehicle
Notice of Disposition (ND)
Proof of scrapping, which includes photographs of the scrapped vehicle, certificate of destruction,
or bill of sale from the entity that conducted the scrapping, or other pertinent documents that
substantiate scrapping was completed, as determined by CDOT
Town of Vail must submit the final invoice within sixty (60) calendar days of , and submit a Grant Closeout and
Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement
payment.
G. State Interest-Service Life
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CDOT maintains a share of the remaining value of state assisted property upon disposition before the end of its
useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the
provisions of the State Management Plan.
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with the State Management Plan.
Town of Vail shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any other
party while there is remaining state interest without approval from the CDOT Project Manager.
Town of Vail is responsible for making the request to the CDOT Project Manager in a timely manner, providing
appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process
the release of a lien.
CDOT and Town of Vail will work in conjunction with Department of Revenue (DOR) to assure the lien is released
according to state rules.
H. Training
In an effort to enhance transit safety, Town of Vail and any subrecipients and subcontractors shall make a good faith
effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to
date in appropriate certifications. In particular, Town of Vail shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transporting older
adults and individuals with disabilities.
I. Safety Data
Town of Vail and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries and incidents.
J. Special Conditions
1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the
Settlement Program grant is used in accordance with BMP, state statutes, regulations, and the
terms and conditions of this Grant Agreement.
2. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s records and
financial statements as necessary, with reasonable advance notice.
3. Town of Vail must scrap one (1) qualifying vehicle for each acquisition vehicle accepted, and
shall complete the scrapping no later than twelve (12) months following the date of acceptance of
the acquisition vehicle replacing it. Town of Vail may scrap any qualifying vehicle(s) at any time
prior to acceptance of any acquisition vehicle(s), but shall not scrap any qualifying vehicle(s) prior
to execution of this Grant Agreement.
4. Except as provided in this Grant Agreement, Town of Vail shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to execution of this Grant
Agreement.
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5. Town of Vail shall ensure that it does not exclude from participation in, deny the benefits of, or
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
6. Town of Vail shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients”
in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI
Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s
compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles
of environmental justice in planning, project development and public outreach in accordance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration
Recipients.”
7. Town of Vail will provide transportation services to persons with disabilities in accordance with
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
8. Town of Vail shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
9. Town of Vail shall ensure that it will comply with the Americans with Disabilities Act, Section
504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules
and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Vail
shall require its subrecipients and/or contractors to provide a statement of written assurance that
they will comply with Section 504 and not discriminate on the basis of disability.
10. Town of Vail shall agree to produce and maintain documentation that supports compliance with
the Americans with Disabilities Act to CDOT upon request.
K. Acquisition Vehicle Reimbursement Calculation
The Total Project Amount Encumbered via this Grant Agreement listed above is based on estimated costs known at
the time of execution of this Grant Agreement. Reimbursement for the cost of purchasing the acquisition vehicle(s)
will be made on 110% of the incremental cost, or the difference between the cost of a conventional-fueled bus of
like size, capacity, and class to the qualifying vehicle(s) identified for replacement, and the acquisition vehicle(s).
Thus, the final amount to be reimbursed for the acquisition vehicle(s) will be recalculated prior to reimbursement,
based on eligible, actual costs incurred using the Acquisition Vehicle Cost Reimbursement Worksheet (Worksheet)
attached hereto as Exhibit B. The Worksheet shall be completed and submitted by Town of Vail in COTRAMS as
part of the Phase 1 acquisition vehicle(s) reimbursement packet. Once recalculated, the reimbursable amount of
project costs may be less than the Total Project Amount Encumbered via this Grant Agreement, but in no case shall
it be more than such amount.
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EXHIBIT B, ACQUISITION VEHICLE COST REIMBURSEMENT WORKSHEET
This Worksheet must be completed and submitted by the Subrecipient in COTRAMS with each Phase 1 acquisition
vehicle reimbursement request.
Subrecipient:
Purchase Order #:
Vehicle # (e.g. 1, 2): Reimbursement Request # (e.g. 1, 2)
Cost Reimbursement Calculator:
A Total Eligible Actual Acquisition Vehicle Cost $
B Estimated Cost of a Conventional-Fueled Bus of Like Size, Capacity, and Class to the
Qualifying Vehicle from the ICE
$
C Incremental Cost [A – B] $
D Eligible Actual Acquisition Vehicle Reimbursable Amount [C x 110%] $
E Total Project Amount Encumbered via the Grant Agreement $
F FINAL Total Acquisition Vehicle Reimbursement Amount [lesser of D and E] $
G Phase 1 Acquisition Vehicle Reimbursement Amount (80%) $
H Phase 2 Acquisition Vehicle Reimbursement Amount (20%) $
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EXHIBIT C, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the
Original Contract
Current Grant Agreement Amount
Settlement Funds Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
The later of the Effective Date or Month, Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month, Day, Year State Fiscal Year 20xx $0.00
Local Funds $0.00
Total for All State Fiscal Years $0.00
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with all Option 1(A): The Grant Agreement Amount table on the Agreement’s Cover Page is
hereby deleted and replaced with the Current Grant Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
Amber Blake, Director,
Division of Transit and Rail
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date:__________________
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EXHIBIT D, TITLE VI – CIVIL RIGHTS
Nondiscrimination Requirements
The Parties shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color, national origin, sex, age or disability.
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the “Grantee”) agrees as follows:
(1) Compliance with Regulations: The Grantee shall comply with the Regulation relative to
nondiscrimination in federally-assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the “Regulations”), which are herein
incorporated by reference and made a part of this Agreement.
(2) Nondiscrimination: The Grantee, with regard to the Work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, or sex in
the selection and retention of subgrantees, including procurements of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subgrantees, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Grantee for Work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The Grantee shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Colorado Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Grantee is in the exclusive possession of another who fails or refuses to
furnish this information the Grantee shall so certify to the Colorado Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the
nondiscrimination provisions of this Agreement, the Colorado Department of
Transportation shall impose such contract sanctions as it may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Grantee under the Agreement until the Grantee
complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Grantee shall take such action with respect to any subcontract or procurement as the Colorado
Department of Transportation may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that, in the event a Grantee becomes involved in,
or is threatened with, litigation with a subgrantee or supplier as a result of such direction, the Grantee
may request the Colorado Department of Transportation to enter into such litigation to protect the
interests of the Colorado Department of Transportation.
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STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number/PO Number
22-HTR-ZL-00111/491002765
Grantee
TOWN OF VAIL
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2024 Grant Agreement Amount
Settlement Funds Maximum Amount Fund Expenditure End Date
December 31, 2024 State Fiscal Year 2022
Local Funds
Total for all State Fiscal Years
$255,728.00
$0.00
$255,728.00
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-
101(4)(c), 43-4-811(2), SB18-001, SB17-228 and
SB17-267.
Agreement Purpose
The purpose of this Grant is for CDOT to disburse Settlement Program Funds to Grantee to conduct work
within the provisions of this Grant. The work to be completed under this Grant by the Grantee is more
specifically described herein.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A, Statement of Work and Budget.
2. Exhibit B, Sample Option Letter.
3. Exhibit C, Title VI-Civil Rights.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C, Title VI-Civil Rights.
2. Colorado Special Provisions in §17 of the main body of this Agreement.
3. The provisions of the other sections of the main body of this Agreement.
4. Exhibit A, Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State:
Brodie Ayers
Division of Transit and Rail
2829 W. Howard Pl.
Denver, CO 80204
brodie.ayers@state.co.us
For Grantee:
Chris Southwick
TOWN OF VAIL
75 SOUTH FRONTAGE ROAD
VAIL, CO 81657
csouthwick@vailgov.com
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE
TOWN OF VAIL
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
__________________________________________
By: Amber Blake, Director
Division of Transit and Rail
Date: _________________________
2nd State or Grantee Signature if needed
__________________________________________
__________________________________________
By: Print Name of Authorized Individual
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
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TABLE OF CONTENTS
1. PARTIES ................................................................................................................................................ 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK ...................................................................................................................... 6
5. PAYMENTS TO GRANTEE ................................................................................................................. 6
6. REPORTING - NOTIFICATION ........................................................................................................... 7
7. GRANTEE RECORDS ........................................................................................................................... 8
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 10
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 13
14. NOTICES and REPRESENTATIVES .................................................................................................. 13
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 14
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 16
1. PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page
for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§5.D, or after the Fund Expenditure End Date. If the Work will be performed in multiple phases, the period
of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter
attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Grantee in a form substantially equivalent to the Sample Option Letter
attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution
of a replacement Agreement or modification extending the total term of this Agreement.
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E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Grantee, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the
rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal
to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed
the Grant Maximum Amount payable to Grantee hereunder.
F. Grantee’s Termination Under State Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for
the termination and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior to the effective
date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a
receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30
days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
C. “Budget” means the budget for the Work described in Exhibit A.
D. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
F. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Grantee’s Work that is intended to be delivered by
Grantee.
G. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
H. “End of Term Extension” means the time period defined in §2.D.
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I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
M. “Grant Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction,
or consent.
O. “Initial Term” means the time period defined in §2.B.
P. “Matching Funds” (Local Funds) means the funds provided by Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother‘s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
S. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of physical form.
X. “Subcontractor” means any third party engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub-grantees of Grant Funds.
Y. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
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any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit
A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of
any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Grant Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Grant Maximum Amount for that State Fiscal
Year shown on the Cover Page of this Agreement as “Settlement Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the conditions set forth in Exhibit
A.
b. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by
the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Grantee and previously accepted
by the State during the term that the invoice covers. If the State determines that the amount of any
invoice is not correct, then Grantee shall make all changes necessary to correct that invoice.
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
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Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing
to be made available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining
of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by
the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee
represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally
appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments
in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If
Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
i. Any costs incurred by Grantee prior to the Effective Date shall not be reimbursed.
ii. The State shall reimburse Grantee’s allowable costs, not exceeding the Grant Maximum Amount shown
on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this
Agreement and shown in Exhibit A, except that Grantee may adjust the amounts between each line item
of Exhibit A without formal modification to this Agreement as long as the Grantee provides notice to
the State of the change, the change does not modify the Grant Maximum Amount of this Agreement or
the Grant Maximum Amount for any State Fiscal Year, and the change does not modify any requirements
of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred.)
iv. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and
Cover Page for this Agreement, or after any phase performance period end date for a respective phase
of the Work, shall not be reimbursable. Grantee shall initiate any payment request by submitting invoices
to the State in the form and manner set forth and approved by the State.
E. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover
Page for this Agreement. To complete close-out, Grantee shall submit to the State all Deliverables (including
documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State
will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for
each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
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to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other document in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days
after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised
by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State criminal law
involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State may impose
any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to, the operation of programs) or Goods hereunder (collectively, the “Grantee Records”). Grantee
shall maintain such records for a period of three years following the date of submission to the State of the
final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission
of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or
audit related to this Award starts before expiration of the Record Retention Period, the Record Retention
Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by
the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Grantee shall permit the State and any other duly authorized agent of the State to audit, inspect, examine,
excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless
the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the
State.
C. Monitoring
The State and any other duly authorized agent of the State, in its discretion, may monitor Grantee’s
performance of its obligations under this Agreement using procedures as determined by the State. The State
shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time
during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
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8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except
as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State
Records to the State’s Principal Representative identified on the Cover Page of this Agreement.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State
upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State
with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, Grantee shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Grantee can establish that Grantee, and its agents, employees, and Subcontractors are not the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring
a similar type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at
Grantee’s sole expense, require Grantee to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Grantee shall provide the State with the results of such audit and
evidence of Grantee’s planned remediation in response to any negative findings.
E. Data Protection and Handling
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide
for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption, security inspections, and audits.
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Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24-73-101, et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of his or her immediate family or his
or her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105,
C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Grantee employs or contracts with any State employee, any former State employee
within six months following such employee’s termination of employment with the State, or any immediate
family member of such current or former State employee. Grantee shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment relationship as
described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of
Agreement. Grantee may also be subject to such penalties as are allowed by law.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Grantee or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit.
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D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
H. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self-insurance
program carried by Grantee or the State.
I. Cancellation
All insurance policies shall include provisions preventing cancellation or non-renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such
notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement
shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise
against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated
above, at all times during the term of this Agreement such liability insurance, by commercial policy or self-
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the
meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
L. Certificates
For each insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State
certificates evidencing Grantee’s insurance coverage required in this Agreement prior to the Effective Date.
Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement prior to the Effective Date, except that, if Grantee’s subcontract is not in effect as of the
Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Grantee’s execution of the subcontract.
No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the
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term of this Agreement, upon request by the State, Grantee shall, within seven Business Days following the
request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement
to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the
delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred
or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period
and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of
the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State
all Work not cancelled by the termination notice, and may incur obligations as necessary to do so
within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of
Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s request,
Grantee shall return materials owned by the State in Grantee’s possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Grantee
was not in breach or that Grantee’s action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations of the Parties shall be
as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for
any damages sustained by the State in connection with any breach by Grantee, and the State may
withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as
the exact amount of damages due to the State from Grantee is determined. The State may withhold
any amount that may be due Grantee as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs incurred by the
State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
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a. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective
action as specified by the State without entitling Grantee to an adjustment in price or cost or an
adjustment in the performance schedule. Grantee shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the State; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii)
replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available
at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Grantee wishes to
challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, in the same manner
as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated
in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code applies to this Agreement.
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
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any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State
and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law
or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Grantee are the exclusive
property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of Grantee’s
obligations in this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form
and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third-party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the
applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without providing notice to the State. The State may reject any such Subcontractor, and Grantee
shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any work after that Subcontractor’s subcontract has been rejected by the State. Grantee shall submit to the
State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts
entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
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C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
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98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Grantee. Grantee shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
i. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at
its sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this
Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer or
designee..
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or
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interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers’ compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, without limitation, immediate termination
of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due
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under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate
method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee 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 Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or the program procedures
of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-
employment screening of job applicants while this Agreement is being performed, (ii) shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Grantee
has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of
higher education or political subdivision may terminate this Agreement for breach and, if so terminated,
Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description 2022 Settlement VAIL four chargers
Project End Date December 31, 2024
Subrecipient Town of Vail DUNS # 075753293
Contact Name Chris Southwick Vendor # 2000003
Address 75 South Frontage Road
Vail, CO 81657-5096
Phone # (908) 752-2759
Email csouthwick@vailgov.com Indirect Rate N/A
WBS* 24577.10.50 ALI 11.52.20
Total Project Budget $255,728.00
Settlement Program Funds $255,728.00
Other Grant Program Funds $0.00
Local Funds $0.00
Total Project Amount Encumbered via this Grant Agreement $255,728.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Definitions
1. Acquisition vehicle(s): The specific alternative-fueled bus or buses identified herein to replace the
qualifying vehicle(s) of like size, capacity, and class.
2. Colorado Beneficiary Mitigation Plan (BMP): The State of Colorado’s Beneficiary Mitigation
Plan summarizes how Colorado plans to use funds in the Volkswagen Diesel Emissions
Settlement Trust (Trust), of which the State of Colorado was designated an eligible beneficiary,
including the certain categories of eligible mitigation actions determined appropriate to achieve
the goals of the Trust. For this Statement of Work, this definition refers to the 2018 BMP.
3. Charging equipment: Devices specifically associated with and required for the operation of the
electric vehicle(s) purchased with Settlement Program funds.
4. Equipment installation: Work and materials associated with and required for the installation of
eligible charging equipment.
5. Incremental cost: The difference between the cost of a conventional-fueled bus of like size,
capacity, and class to a qualifying vehicle and the cost of an acquisition vehicle, as related to the
incentive formula defined in the BMP.
6. Qualifying vehicle(s): The specific conventional-fueled bus(es) identified herein for replacement
which is drivable and has been registered, insured, and operated in Colorado for the previous two
(2) years.
Operated: Three (3) or more preventative maintenance cycles OR 15,000 or more transit
revenue service miles OR 1,250 or more transit revenue service hours amassed during the
previous two (2) years.
7. Scrapped vehicle(s): The specific qualifying vehicle(s) being replaced and scrapped as required by
the Trust and BMP.
8. Scrapping (also scrap, scrapped): The specific action required by the Trust and BMP that the
qualifying vehicle(s) replaced by the acquisition vehicle(s) purchased with Settlement Program
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funds be rendered inoperable and available for recycle,, which includes cutting the vehicle(s)
chassis frame rails completely in half and cutting a 3-inch hole in the engine block.1
9. Settlement Program: CDOT’s Settlement Transit Bus Replacement Program, as defined in the
BMP.
B. Project Description
Town of Vail shall use 2022 Settlement Program funds to purchase 2022 Settlement VAIL four chargers as more
fully described below. The purchase will support the goals of the Statewide Transit Plan and the BMP.
Town of Vail shall use Settlement Program funds to purchase the following charging equipment and equipment
installation:
ALI Name QTY Description Amount
11.52.20 4 Four electric chargers. $255,728.00
C. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
1/14/2022
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager
for Approval
3/15/2022
Take Delivery of (First) Vehicle/Equipment/Project Property 5/15/2023
Take Delivery of and Accept All Vehicles/Equipment/Project Property 8/15/2023
Submit Reimbursement Request in COTRAMS 9/15/2023
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Grant Agreement: December 31, 2024.
2. Town of Vail shall use the charging equipment purchased in its transit operations and shall
perform regularly recurring maintenance with specific performance measures tied to Town of
Vail’s written maintenance plans, and to those included in manufacturer’s recommendations and
warranty program(s). Town of Vail will measure whether this project is successful and improves
the efficiency, effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Grant Agreement. Town of Vail
shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met or are anticipated to not be met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. Town of Vail must comply and submit all reimbursements and reports associated as a condition of
project closeout.
5. Performance Reporting Requirements:
1 Equipment and vehicle components that are not part of the engine or chassis frame rails may be salvaged from the
qualifying vehicle(s) (such as seats, tires, security cameras, ITS systems, etc.) in accordance with this Grant
Agreement.
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Town of Vail agrees to collaborate with CDOT to support research and analytical
initiatives related to the project that mutually benefit the successful implementation and
operation of the project, which may include, among other things, sharing with or
providing access to CDOT or its designee to telemetric data generated by the charging
equipment (if any).
D. Project Budget
1. The Total Project Budget is $255,728.00. CDOT will pay no more than the eligible, actual project
costs, up to the maximum amount of $255,728.00. CDOT will retain any remaining balance of the
Settlement Program funds. Town of Vail shall be solely responsible for all costs incurred in the
project in excess of the amount paid by CDOT from Settlement Program funds for eligible, actual
costs. For CDOT accounting purposes, the Settlement Program funds of $255,728.00 will be
encumbered for this Grant Agreement.
2. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for
use on this project. CDOT will administer Settlement Program funds for this project under the
terms of this Grant Agreement, provided that the share of Settlement Program funds to be
administered by CDOT are made available and remain available.
E. Procurement
Procurement of the charging equipment and equipment installation will comply with state procurement procedures
and the DTR Quick Procurement Guide. In addition to the state requirements outlined below, state procedures for
purchase of the charging equipment must be followed and will be outlined prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of Vail shall request
a Purchase Authorization (PA), and submit a vendor quote for the charging equipment in
COTRAMS.
4. Upon delivery, Town of Vail shall be responsible for having the charging equipment inspected and
accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the
charging equipment, Town of Vail will contact the vendor to resolve any defects and notify
CDOT.
5. Town of Vail shall be responsible for reimbursing the selected vendor within forty-five (45)
calendar days after acceptance of the charging equipment.
F. Reimbursement Eligibility
Reimbursement for eligible project costs incurred will be paid to Town of Vail according to the requirements below
for those eligible costs incurred during the Grant Agreement effective dates.
Request for reimbursement shall be made following Town of Vail’s acceptance of and payment for the charging
equipment and equipment installation. 100% of final, eligible charging equipment and equipment installation costs
will be reimbursed upon Town of Vail’s submission in COTRAMS of a reimbursement packet that includes the
following completed documents:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
Invoice
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Proof of Payment
Town of Vail must submit the final invoice within sixty (60) calendar days of , and submit a Grant Closeout and
Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the final reimbursement
payment.
G. State Interest-Service Life
CDOT maintains a share of the remaining value of state assisted property upon disposition before the end of its
useful life or for assets with a value greater than $5,000 after the useful life has been met, according to the
provisions of the State Management Plan.
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with the State Management Plan.
Town of Vail shall not dispose or otherwise release, sell or otherwise transfer the State funded assets to any other
party while there is remaining state interest without approval from the CDOT Project Manager.
Town of Vail is responsible for making the request to the CDOT Project Manager in a timely manner, providing
appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process
the release of a lien.
CDOT and Town of Vail will work in conjunction with Department of Revenue (DOR) to assure the lien is released
according to state rules.
H. Training
In an effort to enhance transit safety, Town of Vail and any subrecipients and subcontractors shall make a good faith
effort to ensure that appropriate training of agency and contracted personnel is occurring and that personnel are up to
date in appropriate certifications. In particular, Town of Vail shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transporting older
adults and individuals with disabilities.
I. Safety Data
Town of Vail and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain measurement parameters set forth by
CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries and incidents.
J. Special Conditions
1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the
Settlement Program grant is used in accordance with BMP, state statutes, regulations, and the
terms and conditions of this Grant Agreement.
2. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s records and
financial statements as necessary, with reasonable advance notice.
3. Except as provided in this Grant Agreement, Town of Vail shall not be reimbursed for any
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purchase, issued purchase order, or leased capital equipment prior to execution of this Grant
Agreement.
4. Town of Vail shall ensure that it does not exclude from participation in, deny the benefits of, or
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
5. Town of Vail shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipients”
in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI
Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s
compliance with Executive Order 12898 and DOT Order 5610.2(a) by incorporating the principles
of environmental justice in planning, project development and public outreach in accordance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration
Recipients.”
6. Town of Vail will provide transportation services to persons with disabilities in accordance with
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
7. Town of Vail shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
8. Town of Vail shall ensure that it will comply with the Americans with Disabilities Act, Section
504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules
and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Vail
shall require its subrecipients and/or contractors to provide a statement of written assurance that
they will comply with Section 504 and not discriminate on the basis of disability.
9. Town of Vail shall agree to produce and maintain documentation that supports compliance with
the Americans with Disabilities Act to CDOT upon request.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the
Original Contract
Current Grant Agreement Amount
Settlement Funds Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
The later of the Effective Date or Month, Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month, Day, Year State Fiscal Year 20xx $0.00
Local Funds $0.00
Total for All State Fiscal Years $0.00
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with all Option 1(A): The Grant Agreement Amount table on the Agreement’s Cover Page is
hereby deleted and replaced with the Current Grant Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
Amber Blake, Director,
Division of Transit and Rail
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date:__________________
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EXHIBIT C, TITLE VI – CIVIL RIGHTS
Nondiscrimination Requirements
The Parties shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color, national origin, sex, age or disability.
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the “Grantee”) agrees as follows:
(1) Compliance with Regulations: The Grantee shall comply with the Regulation relative to
nondiscrimination in federally-assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the “Regulations”), which are herein
incorporated by reference and made a part of this Agreement.
(2) Nondiscrimination: The Grantee, with regard to the Work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, or sex in
the selection and retention of subgrantees, including procurements of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subgrantees, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Grantee for Work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The Grantee shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Colorado Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Grantee is in the exclusive possession of another who fails or refuses to
furnish this information the Grantee shall so certify to the Colorado Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the
nondiscrimination provisions of this Agreement, the Colorado Department of
Transportation shall impose such contract sanctions as it may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Grantee under the Agreement until the Grantee
complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Grantee shall take such action with respect to any subcontract or procurement as the Colorado
Department of Transportation may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that, in the event a Grantee becomes involved in,
or is threatened with, litigation with a subgrantee or supplier as a result of such direction, the Grantee
may request the Colorado Department of Transportation to enter into such litigation to protect the
interests of the Colorado Department of Transportation.
November 16, 2021 - Page 62 of 87
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: F irst reading of Ordinance No. 23, S eries 2021, A n Ordinance providing for the
L evy Assessment and Collection of the Town P roperty Taxes due for the 2021 year and payable in
the 2022 Fiscal Year
P RE S E NT E R(S ): Carlie Smith, Financial S ervice Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No.
23, S eries 2021.
B AC K G RO UND: The town is required by Colorado state law to certify the mill levy by December
15th of each year.
S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 23,
S eries 2021.
AT TAC H ME N TS:
Description
111621 Mill Levy
November 16, 2021 - Page 63 of 87
TO: Vail Town Council
FROM: Finance Department
DATE: November 16, 2021
SUBJECT: Mill Levy Ordinance
I.SUMMARY
Authorization for the collection of property taxes in 2022.
II.DISCUSSION
You will be asked to approve the attached mill levy ordinance upon first reading on Tuesday
evening. This ordinance authorizes the collection of property taxes in 2022 based upon 2021
assessed valuations of property within the town’s boundaries. Eagle County is responsible for
assessing values and for collecting property taxes on our behalf. The town is required by
Colorado state law to certify the mill levy by December 15 of each year. Since two readings of an
ordinance are required, we will bring the first reading on Tuesday and the second reading on
December 7th to enable us to meet the December 15 date. The attached ordinance is based on
preliminary assessed valuations from the county (as of August 2021).
The town’s base mill levy as shown in the ordinance is 4.69 mills and the abatement levy is 0.046
mills. Abatement results when a taxpayer protests an assessed valuation after the normal protest
period and is refunded a portion of the tax already due or paid. The abatement mill levy allows
the town to recoup the refunded amount. This abatement levy of 0.046 mils equates to an
additional $3.29 per year for a $1 million home.
Recent Property Tax Changes
While the state ballot measure Proposition 120, backed by conservative group Colorado Rising
State Action, failed at the ballot, there will still be changes coming to taxpayers for the 2022 tax
year (taxes payable in 2023). State legislation passed in June of this year made a change to
property classifications and put into place temporary assessment rate reductions for specific
property types. For example, the state-wide residential assessment rate will be reduced from
7.15 to 6.95 (excluding multifamily buildings). These temporary reductions will not affect the Town
of Vail property tax collections due to the “de-Gallagher” ballot initiative that Vail voters passed in
November 2020.
The property tax authorized by the attached ordinance will generate $5.7 million in revenue
in 2022, representing approximately 7.6% of the town’s total revenue. The projected revenue is
flat with 2021 despite being an assessment year. Assessed residential valuation increased
however these increases were offset by commercial valuations. Commercial property valuations
take into account property revenues. When commercial properties were assessed revenues
were down due to the COVID19 pandemic.
November 16, 2021 - Page 64 of 87
Ordinance 23, Series of 2021
ORDINANCE NO. 23
SERIES OF 2021
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND
PAYABLE IN THE 2022 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2021 year and payable in the 2022
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2022 fiscal year, the Town Council hereby levies a property
tax of 4.736 mills upon each dollar of the total assessed valuation of $1,209,059,810 for the 2021
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,726,108 calculated as follows:
Base mill levy 4.690 $5,670,491
Abatement levy .046 _ 55,617
Total mill levy 4.736 $5,726,108
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
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 phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
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,
November 16, 2021 - Page 65 of 87
Ordinance 23, Series of 2021
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall 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 ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE IN FULL, this 16th day of November, 2021. A public hearing shall be
held hereon at 6 P.M. on the 7th day of December, 2021, 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:
________________________________
Scott Robson, Town Manager
November 16, 2021 - Page 66 of 87
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 22, Series of 2021, S econd Reading, B udget Supplemental No.
3, an ordinance making budget adjustments to the Town of Vail General Fund, Capital P rojects
Fund, Real Estate Transfer Tax Fund, Housing F und, Marketing Fund, Dispatch S ervices Fund,
Timber Ridge Fund, and Residences at Main Vail Fund of the 2021 Budget for the Town of Vail
P RE S E NT E R(S ): Carlie Smith, Financial S ervice Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, or approve with amendments Ordinance No.
22, S eries 2021.
B AC K G RO UND: P lease see attached memorandum.
S TAF F RE C O M M E ND AT IO N: A pprove, or approve with amendments Ordinance No. 22,
S eries 2021.
AT TAC H ME N TS:
Description
111621 3rd Supplemental- 2nd reading
November 16, 2021 - Page 67 of 87
TO: Vail Town Council
FROM: Finance Department
DATE: November 16, 2021
SUBJECT: 2021 Budget Supplemental Appropriation
I. SUMMARY
In Tuesday evening’s session, you will be asked to approve the first reading of Ordinance No.
22, Series 2021, the third supplemental appropriation of the 2021 budget upon 2nd reading.
II. DISCUSSION
Changes to the budget supplemental request from first reading
Real Estate Transfer Tax Fund
Real Estate Transfer Tax Collections continue to exceed expectations. During the 1st reading
of the third supplemental staff proposed to increase RETT collections by $2,500,000 bring the
total RETT budget to $10,500,000. Since then, another $800,000 has been collected, a
total of $10,744,759 year-to-date. Staff is proposing to increase the RETT budget another
$1,000,000 for an annual budget of $11,500,000. To correspond with the increase in revenue,
an additional $50,000 of real estate transfer tax collection fees will be paid to the General Fund.
Included in the 2022 budget is $375,000 to design, construct and install a permanent restroom
at the Booth lake trailhead. Due to concerns over supply-chain delays, staff would like to place
an order for the restroom in December of 2021 and requests to move forward $200,000 from the
2022 budget into the 2021 budget. In addition, staff is requesting $30,000 to be reallocated
from the 2021 Recreation Path Maintenance budget to the restroom budget. A portion of that
will be used to pay design costs in 2021 to ensure completion of the restroom by end of June
2022. The remaining funds will help increase the size of the restroom from two units to three
units in order to meet demands of hiker traffic. The total adjusted budget for this project is
$405,000.
Capital Projects Fund
Staff is requesting to increase the transfer from the Vail Reinvestment Authority by $350,000 to
reimburse the Capital Projects Fund for a new electric snowmelt boiler in Lionhead. The total
estimated cost for the boiler and installation is $450,000 to be reimbursed over two years
($350K in 2021 and $100K in 2022).
Service Reimbursements
In 2020 and 2021, the town was awarded a total of $393,442 in restitution. Staff is proposing to
allocate these funds to the General Fund, Capital Projects Fund and Dispatch Services Fund to
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reimburse the funds where the services were originally paid from. The General Fund will receive
$113,148, the Capital Projects Fund will receive $115,982 while the Dispatch Services Fund will
receive $164,311. The Dispatch Services Fund would then also refund the participating
agencies who also paid into these services based on their yearly allocation. Approximately
$114,311 of the $164,311 would be paid back to other agencies.
Repeated from the 1st Reading on June 6th
Across all funds, this supplemental request will adjust the budget to reflect a $11,288,889
reduction in total revenues and proposes a decrease of $17,472,614 to expenditures. The
majority of the reduction is related to a true-up of the accounting for the Residences at Main Vail
project. Without those adjustments this supplemental reflects a $9,588,816 increase in total
revenues and proposes an increase of $2,554,890 to expenditures. The fund statements
are also attached.
Sales Tax projection
2021 sales tax collections were budgeted conservatively due to the unknown effects of the
Covid-19 pandemic on travel and visitation however as the vaccine became available and public
health orders loosened the town experienced a boost in visitation with record sales tax
collections for the months of March through September. Based on year-to-date collections sales
tax forecasts have been updated to reflect an annual budget of $31.4M. This is an increase of
$3,890,000, or an 14% increase from the current 2021 amended budget and an 8% increase
from 2019 actual collections. The updated forecast reflects actual year to date collections
through September totaling $25.0 million, up 10.8% from 2019 with October through November
conservatively forecasted as an average between 2019 and 2020.
The original 2021 budget allocated 80% of sales tax collections to the General Fund and 20% to
the Capital Projects Fund. In June, budgeted sales tax collections were increased by $5.0
million and the “split” adjusted back to prior year’s allocation of 68% to the General Fund and
32% to Capital Projects Fund. This third budget supplemental forecasts another increase of
$3.9 million. In prior years, any budget overage in sales tax has gone to the Capital Projects
Fund which is staff’s recommendation for this budget adjustment (please see below Capital
Projects Fund narrative).
General Fund
Budgeted revenue will be adjusted by an increase of $1,620,679 offset by a decrease in
revenues of $585,000.
As a result of an increase in visitation, revenue from County Sales Tax has been adjusted by
$150,000 increase. Lift tax has also been adjusted with a $175,000 increase from the amended
budget. Lift Tax collections to date are pacing ahead of 2019 by 1.9% attributed to summer lift
tax sales. Summer lift tax collections (June- September) are up 167% ($264,527) compared to
2019. Staff has also adjusted Donovan Pavilion rental revenue by $50,000 due to an increase
in rentals from deferred 2020 events and weddings. Throughout the pandemic the town has also
experienced an increase in construction activities. Based on year-to-date collections,
construction permit revenues have been adjusted by $100,000 and plan check fees have been
adjusted by $300,000.
Other revenue adjustments based on year-to-date collections include an $80,000 increase in
specific ownership tax and $175,000 increase in the Real Estate Transfer Tax (RETT) collection
fee, (a 5% administrative fee paid to the General Fund). The fee increase corresponds with the
increase RETT revenue collected year to date (see below increase in RETT).
November 16, 2021 - Page 69 of 87
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Additional revenue adjustments that will be offset by corresponding expenditures include:
A total of $426,777 in state reimbursements for deployments to 14 separate wildfires,
with $347,892 of that covering the town’s personnel and travel costs and $78,885 for use
of town vehicles and equipment during wildfire deployments.
$4,500 state library grant used towards children’s programs and books
$2,146 grant from Holy Cross Energy used toward digital archiving of oral histories and
transcriptions
$1,500 of library cares grants towards electronic e-books
$24,722 use of friends of the library funds for new staff Marmot computers, SummerVail
in-kind contribution to host two of their events, story walk maintenance, and the
digitization of Vail Trail reels.
A $31,534 grant from Vail Health for Police Department Crisis Intervention Training
A decrease in revenue of $585,000 is reflected to defer the use of American Rescue Plan (ARP)
funds to 2022. Staff will reflect an increase of $585,000 in the first supplemental of 2022. The
town has been awarded a total of $1.17 million. The funds must be used by December 31st,
2022.
Staff is requesting to increase expenditures by a total of $1,426,983 of which $452,853 relates
to expenditures corresponding to the reimbursements mentioned above. The remaining
$974,130 includes:
$300,000 transfer to the Marketing Fund for Powabunga approved by Council on July
20th.
$300,000 transfer to the Marketing Fund for Snow Days approved by Council on July
20th.
$140,204 for the village loading and delivery pilot program 2021. The total cost of this
program is $380,204. $240,000 has been included in the 2022 budget.
$120,000 for attorney fees. During 2021, attorney hours increased due to housing
projects and overall activity at the town.
$18,000 to participate in a county-wide study to explore a regional transit authority.
$40,000 of additional water and sewer utility expenditures due to an increase in fees
from Eagle Water and Sanitation District.
$12,000 contribution to the Children’s’ Garden of Learning for new furniture (originally
budgeted in Capital Projects Fund). This item is a transfer between funds and has a net
zero impact on the overall budget.
$30,000 use of police confiscations funds to be transferred to the Capital Projects Fund
for a portable X-ray scanner for the police department.
$7,634 transfer to the Dispatch Services fund for the fire departments link and access to
Dispatch’s new Computer Aided Dispatch system
These adjustments to the General Fund 2021 budget result in a projected net surplus at year-
end of $1.4 million resulting in an ending fund balance of $40.0 million or 91% of annual
revenues.
Capital Projects Fund
Budgeted revenue will be adjusted by a total of $4,620,000. This includes $3,890,000 of
additional sales tax collections, $200,000 of additional use tax collections, as well as $280,000
of reimbursements offset by corresponding expenditures. $250,000 will be reimbursed by the
Vail Reinvestment Authority for additional construction costs approved by Council on October
5th needed to complete the new Children’s Garden of Learning Facility and a $30,000 transfer
from police confiscation funds for a portable PD X-ray scanner.
November 16, 2021 - Page 70 of 87
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Staff has reflected a $78,000 net increase in expenditures which includes the combination of
both increases and decreased to budgeted expenditures. Specifically, an increase in
expenditures of $280,000 is related to corresponding reimbursements listed above. There is
also a proposed increase of $2.0 million to reflect a transfer to the Housing Fund as a
placeholder for the potential purchase of the Colorado Department of Transportation (CDOT)
owned parcel in East Vail. Please see Housing Fund below for more details.
These increases are offset by a reduction in expenditures of $2,190,000. The reduction is due
to less funding being transferred to the Housing and Residences at Main Vail Funds. With the
phasing of the Residences at Main Vail project, the budget has been adjusted to reflect updated
project costs and the timing of the phased approach and contract timing of this project. See
further explanation under the Residences at Main Vail.
The proposed budget adjustments will result in an estimated fund balance of $34.8 million by
the end of 2021.
Housing Fund
Budgeted revenue will be increased by $34,112 to reflect Employee Housing Fee-in-Lieu
collections during 2021. The Housing Fee in Lieu collections are restricted for use toward the
“buy-down” of employee housing. A coinciding increase to the Buy-Down program expense
budget will preserve those funds for that use.
The Housing Fund also reflects a decrease of $690,000 in both the transfer from the Capital
Projects Fund and corresponding expenditure for Residences at Main Vail planning and design.
These expenditures are now being reflected in the Residences at Main Vail Fund and funded by
bond proceeds. Planning and design for the project was originally budgeted in the Housing
Fund as placeholder for expenditures prior to bond issuance.
Staff is requesting to transfer $2,000,000 from the Capital Projects Fund with a corresponding
increase in expenditures for the potential purchase of the East Vail land parcel owned by CDOT.
CDOT is in the process of having the property appraised. The $2,000,000 request is only an
estimate. By statute CDOT is obligated to sell the property for fair market value based on the
highest and best used. If this parcel is purchased staff will adjust the budget in a future
supplemental to reflect the purchase price.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenue will be increased by $2,500,000 to reflect actual year to date RETT
collections. Year to date collections total $9.85 million compared to the annual amended budget
of $8,000,000. To correspond with the increase in revenue, an additional $225,000 of real
estate transfer tax collection fees will be paid to the General Fund.
Staff is also requesting to reflect a $47,000 increase in expenditures, to carry back funds
budgeted in 2022 for the Ford Park Master Plan update. Staff is requesting to use these funds
for an updated survey of Ford Park in preparation for the master plan update. Survey work at
Ford Park has not been updated since 2009.
The proposed budget adjustments will result in an estimated fund balance of $17.4 million by
the end of 2021.
Residences at Main Vail Fund
As part of an earlier supplemental staff had included a placeholder for the total cost of the
Residences at Main Vail employee housing project, estimated debt service payments, as well as
the corresponding bond proceeds and transfer from the Capital Projects Fund to fund the
project. That was under the assumption that the entire project would be contracted for all at
November 16, 2021 - Page 71 of 87
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once. With the changed to a phased approach (one contract for the excavation, demolition and
shoring walls, and a later contract for the vertical construction), this supplemental reflects the
appropriate adjustments to revenues and expenditures based on Phase 1 starting in 2021 and
Phase 2 contracting in 2022. The 2021 amended budget includes the following:
$3.8 million of bond proceeds revenue to cover project costs outlined below
$3.5 million for planning, design, and the Phase 1 construction costs
$168,930 of debt issuance costs and $2,800 for fiscal agent fees
Interest expense of $83,181 on the bonds for the month of December
Marketing Fund
Budgeted revenue has been adjusted by a $600,000 transfer from the General Fund to cover
the increase in special event spending. This includes $3000,000 for Snow Days and $300,000
for Powabunga.
The proposed budget adjustments will result in an estimated fund balance of $372,374 by the
end of 2021.
Dispatch Services Fund
Budgeted revenue will be increased by $103,562 of which $77,299 will be offset by
corresponding expenditures. This includes a $21,012 reimbursement from the Eagle River Fire
District for a software interface for their new station alerting system, a $39,298 reimbursement
from Eagle County fire agencies for user links to allows access to the new dispatch CAD
(Computer Aided Dispatch) system, and a $16,990 state reimbursement for deployments to the
Sylvan wildfire covering the town’s personnel expenses. The state will also reimburse the town
$26,174 for the use of the town’s Mobile Communications Unit (MCU) vehicle at Wild Cow fire in
Garfield County.
Staff is requesting to increase expenditures by $112,022 of which $77,299 relates to
reimbursements listed above. In addition, staff is requesting $34,722 to purchase a new satellite
for the MCU vehicle. During the Sylvan fire the current satellite suffered a combined hardware
and software crash that was not easily repairable. The state reimbursed the town $26,174 for
the use of the vehicle during the Wild Cow fire which the town proposes to use towards the new
satellite. The original satellite was purchased in 2014 and was nearing end of life.
The proposed budget adjustments will result in an estimated fund balance of $1.5 million by the
end of 2021.
Timber Ridge Fund
Staff is requesting to supplement repair and maintenance expenses for the Timber Ridge
Enterprise fund by $25,000. The additional expense was incurred in May 2021 with the turnover
of 18 units previously master-leased by Vail Resorts. The units were converted to rentals open
to the public. Vail Resorts continues to master lease 36 units (2 buildings) at Timber Ridge;
previously the master lease was for 55 units. This change to the master lease was not
contemplated when the original budget was set.
III. ACTION REQUESTED FROM COUNCIL
Approve or approve with amendments Ordinance No. 22, Series 2021 upon first reading.
November 16, 2021 - Page 72 of 87
2021 1st 2021 2nd 2021 3rd 2021
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Local Taxes:22,500,000$ 22,500,000$ 5,000,000$ 27,500,000$ 3,890,000$ 31,390,000$ Sales Tax increase based on YTD
collections
Sales Tax Split b/t Gen'l Fund & Capital Fund 80/20 80/20 62/38 54/46
Sales Tax 18,000,000 18,000,000 (950,000) 17,050,000 17,050,000
Property and Ownership 5,975,000 5,975,000 5,975,000 5,975,000
Ski Lift Tax 3,500,000 3,500,000 1,600,000 5,100,000 275,000 5,375,000
Franchise Fees, Penalties, and Other Taxes 1,609,903 1,609,903 125,000 1,734,903 80,000 1,814,903
Licenses & Permits 2,099,513 2,099,513 104,000 2,203,513 400,000 2,603,513
Intergovernmental Revenue 2,074,872 2,500 2,077,372 146,653 2,224,025 807,277 3,031,302
$420K state reimbursements for fire
deployments; $7.6K state grant for
library programs and expenses; $150K
increase in County Sales tax collections;
$175K increase in RETT admin fee
CRRSAA Transit Grant - 1,789,613 1,789,613 1,789,613 1,789,613
CARES Transit Grant 250,000 200,000 450,000 450,000 450,000
American Rescue Plan Grant - 585,000 585,000 585,000 (585,000) - Reduce ARP reimbursement and move
to 2022
Transportation Centers 5,040,655 5,040,655 1,337,345 6,378,000 6,378,000
Charges for Services 988,095 988,095 20,000 1,008,095 1,008,095
Fines & Forfeitures 225,642 225,642 225,642 225,642
Earnings on Investments 200,000 200,000 200,000 200,000
Rental Revenue 1,020,531 1,020,531 1,020,531 50,000 1,070,531
Miscellaneous and Project Reimbursements
166,000 166,000 19,333 185,333 58,402 243,735
$31.5K reimbursement from Vail Health
for PD CIT training; $24.7K use of
Friends of the Library funds
Total Revenue 41,150,211 2,577,113 43,727,324 2,402,331 46,129,655 1,085,679 47,215,334
Expenditures
Salaries 20,736,671 523,712 21,260,383 13,014 21,273,397 231,606 21,505,003 Fire deployments offset by state
reimbursement
Benefits 7,522,674 36,195 7,558,869 7,558,869 93,649 7,652,518 Fire deployments offset by state
reimbursement
Subtotal Compensation and Benefits 28,259,345 559,907 28,819,252 13,014 28,832,266 325,255 29,157,521
Contributions and Welcome Centers 334,880 33,000 367,880 (3,850) 364,030 12,000 376,030 CGL contribution for furniture
All Other Operating Expenses 7,581,260 37,500 7,618,760 93,286 7,712,046 377,695 8,089,741
$18K participation in county RFTA
study; $140K pilot loading and delivery;
$40K water utility fee increase; $120K
attorney fees; $32K use of FOL funds
for library programs
Heavy Equipment Operating Charges 2,642,320 2,642,320 2,642,320 74,399 2,716,719 Use of TOV vehicle for fire deployments o
Heavy Equipment Replacement Charges 831,728 831,728 831,728 831,728
Dispatch Services 616,306 616,306 616,306 616,306
Total Expenditures 40,265,839 630,407 40,896,246 102,450 40,998,696 789,349 41,788,045
Transfer to Marketing & Special Events Fund (1,475,184) (91,790) (1,566,974) (40,000) (1,606,974) (600,000) (2,206,974)
$300K each for Powabunga and Snow
Days
Transfer to Other Funds - - - (317,927) (317,927)
Transfer $7.6K to Dispatch for Vail fire
link to new CAD system; $30K transfer
to PD for Xray machine
Total Transfers (1,475,184) (91,790) (1,566,974) (40,000) (1,606,974) (917,927) (2,524,901)
Surplus (Deficit) from Operations (590,812) 1,854,916 1,264,104 2,259,881 3,523,985 (621,597) 2,902,388
Planning Projects
Vail 2030 Plan - - (200,000) (200,000) (200,000)
Civic Area/Dobson Master Plan (100,000) (100,000) (100,000) 15,000 (85,000) Transfer $15K to West Vail Master Plan
West Vail Master Plan (225,000) (172,149) (397,149) (397,149) (15,000) (412,149)
COVID-19
Gift Card Program - (30,000) (30,000) (30,000) (30,000)
COVID Economic Development Expenses - (66,000) (66,000) (66,000) (66,000)
Digital Marketing Campaign "Work from Vail" - (45,000) (45,000) (45,000) (45,000)
Vail Community Relief Fund (130,000) (130,000) (130,000) (130,000)
Commercial Rent Relief Program (500,000) (500,000) (500,000) (500,000)
Total Expenditures 42,696,023 1,035,346 43,731,369 342,450 44,073,819 1,707,276 45,781,095
Surplus (Deficit) Net of Transfers & New Programs (1,545,812) 1,541,767 (4,045) 2,059,881 2,055,836 (621,597) 1,434,239
Beginning Fund Balance 35,305,444 38,547,757 38,547,757 38,547,757
Ending Fund Balance 33,759,632$ 38,543,712$ 40,603,593$ 39,981,996$
As % of Annual Revenues 77% 88% 92% 91%
EHOP balance included in ending fund balance - not
spendable 1,190,000$ 33,500$ 1,223,500$ 1,223,500$ 1,223,500$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
6
November 16, 2021 - Page 73 of 87
Proposed1st 2021 2nd 2021 3rd 20212021 Supplemental Amended Supplemental Amended Supplemental AmendedRevenueTotal Sales Tax Revenue: 22,500,000$ 22,500,000$ 5,000,000$ 27,500,000$ 3,890,000$ 31,390,000$ 2021: Increase sales tax revenue based on YTD collections; 8% increase from 2019 Actual Sales Tax Split between General Fund & Capital Fund80/20 80/20 62/38 54/46Sales Tax - Capital Projects Fund 4,500,000$ 4,500,000$ 5,950,000$ 10,450,000$ 3,890,000$ 14,340,000$ 2021: Adjust sales tax split back to 62/38Use Tax 2,250,000 2,250,000 1,000,000 3,250,000 200,000 3,450,000 2021: Increase use tax based on YTD collectionsFranchise Fee 193,800 193,800 193,800 193,800 1% Holy Cross Franchise Fee approved in 2019Other State Revenue - 1,975,207 1,975,207 1,975,207 1,975,207 $1.09M FASTER for electric bus chargers, $525 CDOT bus grant; $350K CDOT 50% match grant for bus transportation mgmt. systemLease Revenue 164,067 164,067 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement 1,500,000 411,000 1,911,000 1,911,000 1,911,000 $60K Vail Health Reimbursement for Frontage Rd Improvements project, $351K from ERWSD for Frontage Road Improvements project; $1.5M from traffic impact fee from Vail Health for Vail Health/ Frontage Road ProjectTimber Ridge Loan repayment 2,363,087 2,363,087 2,363,087 2,363,087 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028Earnings on Investments and Other 38,978 38,978 38,978 38,978 2021: 0.7% returns assumed on available fund balanceTotal Revenue 11,009,932 2,386,207 13,396,139 6,950,000 20,346,139 4,090,000 24,436,139 ExpendituresFacilitiesFacilities Capital Maintenance 523,500 523,500 523,500 523,500 2021 includes garage door replacements ($50K), PW boiler replacement ($20K), 2nd phase of transit center skylight replacement ($50K), Buzzard Park repairs ($41K); 2020: Includes $130.4K 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 255,000 375,234 630,234 225,000 855,234 855,234 2021: Re-appropriate $373K for Muni/PD air handlers and Council Chamber remodel; $25K for Community Development workspace improvements; Transfer $22.8K to Donovan Pavilion; 2021 includes Admin Upper level system installation ($175K), PD Stucco patching and painting ($40K), PD wood siding replacement ($30K)Welcome Center/Grandview Capital Maintenance 100,000 100,000 100,000 100,000 2021: $100K Furniture replacement in Vail Village Welcome CenterDonovan Pavilion - 1,476,096 1,476,096 1,476,096 1,476,096 2021: Re-appropriate $1.5M for Donovan Pavilion Remodel ad UpgradesSnowmelt Boilers 500,000 500,000 1,000,000 1,000,000 1,000,000 2021-2023: Replacement of TRC 8 boilers (2 per year)Public Works Shops Expansion 17,200,000 1,569,259 18,769,259 18,769,259 18,769,259 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. Lease financing in 2021 included below.Public Works Building Maintenance - 300,000 300,000 300,000 300,000 2021: Re-appropriate $300K to replace two HVAC units at Public WorksTotal Facilities18,578,500 4,220,589 22,799,089 225,000 23,024,089 - 23,024,089 ParkingParking Structures 795,000 160,754 955,754 955,754 955,754 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsOversized Parking Area - - 100,000 100,000 100,000 Design and survey costs for new oversized parking area ($100K)Parking Entry System / Equipment 850,000 375,148 1,225,148 1,225,148 1,225,148 2021: $1.225K for a new parking systemRed Sandstone Parking Structure (VRA) - 30,000 30,000 30,000 30,000 2021: Re-appropriate $30K for landscaping at the Red Sandstone Parking StructureLionshead Parking Structure Landscape Renovations (VRA) - 30,291 30,291 30,291 30,291 2021: Re-appropriate to complete landscaping at the Lionshead parking structure ($30.3K);Total Parking1,645,000 596,193 2,241,193 100,000 2,341,193 - 2,341,193 TransportationBus Shelters 30,000 229,721 259,721 259,721 259,721 Bus shelter annual maintenance; 2021 includes $259.7K re-appropriation for a new Lionshead transit center Westbound Bus shelterReplace Buses - 3,455,822 3,455,822 3,455,822 3,455,822 2021: Re-appropriate $3.5M for buses ordered in 2020 with delivery in 2021Bus Transportation Management System - 700,000 700,000 60,000 760,000 760,000 2021: $60K added per contract cost; $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; 2028: Replacement of bus mgmt. system based on 8 year life.TOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 7 November 16, 2021 - Page 74 of 87
Proposed1st 2021 2nd 2021 3rd 20212021 Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTraffic Impact Fee and Transportation Master Plan Updates 300,000 30,000 330,000 330,000 330,000 2021: $30K to perform traffic counts pending the West Vail Master Plan; $300K to update Vail transportation master plan pending the outcome of the West Vail Master Plan ($300K)Hybrid Bus Battery Replacement 165,000 165,000 165,000 165,000 2021: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet;Electric bus chargers and electrical service rebuild - 1,267,279 1,267,279 1,267,279 1,267,279 2021:$1.3M to continue 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 Transportation495,000 5,682,822 6,177,822 60,000 6,237,822 - 6,237,822 Road and BridgesCapital Street Maintenance 1,225,000 1,225,000 1,225,000 1,225,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culvertsStreet Light Improvements 75,000 144,369 219,369 219,369 219,369 Town-wide street light replacement; Slifer Plaza/ Fountain/Storm Sewer - 73,417 73,417 73,417 73,417 2021: Re-appropriate $73.4K for water quality vaultVail Health / TOV Frontage Road improvements 9,000,000 - 9,000,000 (1,500,000) 7,500,000 7,500,000 2021: Reflect $1.5M of savings; VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA in 2021, Traffic impact fee ($1.5M), Timing of this project is pending the Civic Center Master PlanSeibert Fountain Improvements - 60,000 60,000 60,000 60,000 2021: $60K for Fountain software system Seibert FountainNeighborhood Road Reconstruction 1,500,000 1,500,000 1,500,000 1,500,000 2021: East Vail road Major Drainage Improvements construction ($1.5M)Vail Village Streetscape/Snowmelt Replacement 1,250,000 1,250,000 1,250,000 1,250,000 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Total Road and Bridge13,050,000 277,786 13,327,786 (1,500,000) 11,827,786 - 11,827,786 ContributionsChildren's Garden of Learning-Capital 20,000 (20,000) - - - $20K Annual contribution for capital maintenance and improvements included belowTotal Contributions20,000 (20,000) - - - - - TechnologyTown-wide camera system 22,000 8,022 30,022 30,022 30,022 $22K Annual maintenanceAudio-Visual capital maintenance 18,000 76,978 94,978 94,978 94,978 $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 Imaging 50,000 50,000 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 580,000 580,000 65,670 645,670 645,670 2021: $60K for unanticipated software costs; Annual software licensing and support for town wide systemsHardware Purchases 50,000 100,000 150,000 150,000 150,000 2021: Re-appropriate $100K for workstation replacements and time clock replacements; $50K for workstation replacements (20-25 per year)Website and e-commerce 86,500 15,966 102,466 102,466 102,466 2021: Re-appropriate $16K to continue Vailgov website framework upgrades; transfer $20K to RETT to integrate LoveVail website to new frameworkFiber Optics / Cabling Systems in Buildings 500,000 97,215 597,215 597,215 597,215 2021: Add additional fiber infrastructure to connect critical IT equipment locations including the Village parking structure; the Muni Building; LH Parking Structure; and the West Vail Fire Station ; Repair, maintain & upgrade cabling/network Infrastructure $50K; Also includes placeholder for additional fiber infrastructure growthNetwork upgrades 100,000 41,708 141,708 141,708 141,708 Computer network systems - replacement cycle every 3-5 years; Data Center (Computer Rooms) 30,000 203,952 233,952 233,952 233,952 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodelBroadband (THOR) 94,800 94,800 94,800 94,800 $94.8K annual broadband expenses, potential future revenuesBusiness Systems Replacement 30,000 55,000 85,000 85,000 85,000 2021: Re-appropriate $55K for HR Performance Mgmt. SystemTotal Technology1,561,300 598,841 2,160,141 65,670 2,225,811 - 2,225,811 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 50,000 12,883 62,883 62,883 62,883 2021:$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; $12.8K for PD Brazos systemPublic Safety Equipment 170,808 170,808 170,808 30,000 200,808 2021: $30K use of confiscations funds for portable PD X-ray machine; Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; $100K annual maintenance going forwardFire Safety Equipment 25,000 25,000 25,000 25,000 2021: Wildland personnel protection equipment ($25K) deferred from 2020Fire Truck Replacement 880,000 880,000 880,000 880,000 2021: Replacement of Engine I purchased in 2011Total Public Safety1,125,808 12,883 1,138,691 - 1,138,691 30,000 1,168,691 8 November 16, 2021 - Page 75 of 87
Proposed1st 2021 2nd 2021 3rd 20212021 Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDCommunity and Guest Service Children's Garden of Learning Temporary Facility Relocation (VRA)2,000,000 277,992 2,277,992 460,000 2,737,992 250,000 2,987,992 2021: $250K increase for additional expenses; $460K per contract; Re-appropriate $278K design for CGL temporary facility; Children's' Garden of Learning temporarily facility ($2.0M); 2020: Design for temporarily relocation of the Children's Garden of Learning ($335K); Pepi's Memorial - - 20,000 20,000 20,000 Pepi's Memorial in Pepi's Plaza ($20K)Energy Enhancements - 223,847 223,847 223,847 223,847 Electric car charges and infrastructure at various town locations and Holy Cross transformer ($223.8K)Pedestrian Safety Enhancements - 25,000 25,000 25,000 25,000 $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)Underground Utility improvements - 15,459 15,459 15,459 15,459 2021: Re-appropriate $15.5K for various underground utility projectsGuest Services Enhancements/Wayfinding - 25,482 25,482 25,482 25,482 2021: Re-appropriate $25.5K to continue street sign upgradesRockfall Mitigation near Timber Ridge - 40,679 40,679 40,679 40,679 2021; Re-appropriate $40.7M for annual rock wall maintenanceVehicle Expansion - 40,000 40,000 40,000 40,000 2021: $40K for new PD detective take-home vehicleCouncil Contribution: Children's Garden of Learning-Capital 20,000 (8,000) 12,000 12,000 (12,000) - 2021: CGL Annual Contribution ($20K total with $12K for capital improvements and $8K for employee childcare subsidy) remaining for capital maint. Improvements; $12K transferred to GF for furniture purchaseTotal Community and Guest Service2,020,000 640,459 2,660,459 480,000 3,140,459 238,000 3,378,459 Total Expenditures 38,495,608 12,009,573 50,505,181 (569,330) 49,935,851 268,000 50,203,851 Other Financing Sources (Uses)Debt Financing for Public Works shop 15,000,000 190,000 15,190,000 15,190,000 15,190,000 $15.2M of debt proceeds for PW ShopsDebt Issuance Cost - (190,000) (190,000) (190,000) (190,000) $190K for debt issuance costsDebt Service Payment (1,200,000) 44,095 (1,155,905) (1,155,905) (1,155,905) Annual debt service payment (Principal and Interest)Transfer from Vail Reinvestment Authority 8,550,000 290,012 8,840,012 237,992 9,078,004 850,000 9,928,004 2021: $250K for increased CGL expenditures; $250K increase in LH parking structure expenditures; $350K for LH electric snowmelt boiler; $229K for LH transit center bus stop; $30.3K reappropriation for LH transit landscape improvements; $30K for Red Sandstone landscaping; VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA; Lionshead Parking Structure $50K; CGL Temp Facility Transfer to Residences at Main Vail Fund - - (1,500,000) (1,500,000) 1,500,000 - Remove Transfer to RMVTransfer to Housing Fund (2,500,000) (690,000) (3,190,000) (3,190,000) (1,310,000) (4,500,000) $2.5K Vail Indeed; $2.0M placeholder to purchase CDOT East Vail parcelTransfer from General Fund - - - 145,982 145,982 Transfer from GF using PD confiscations funds for PD X-ray machine; $116K restitution reimbursement from GFRevenue Over (Under) Expenditures (7,635,676) (9,979,259) (17,614,935) 6,257,322 (11,357,613) 5,007,982 (6,349,631) Beginning Fund Balance 23,759,231 41,177,524 41,177,524 41,177,524Ending Fund Balance 16,123,556 23,562,589 29,819,911 34,827,893 9 November 16, 2021 - Page 76 of 87
Proposed2021 1st 2021 2nd 2021 3rd 2021Budget Supplemental Amended Supplemental Amended Supplemental AmendedRevenueHousing Fee in Lieu Annual Collections- - - 34,112 34,112 YTD Housing fee in lieu for buy down housingTransfer in from Capital Projects Fund2,500,000 690,000 3,190,000 3,190,000 1,310,000 4,500,000 Reduce transfer by $690K for RMV; $2M transfer for East Vail CDOT parcelWorkforce Housing Sales - 280,000 280,000 787,400 1,067,400 1,067,400 Total Revenue 2,500,000 970,000 3,470,000 787,400 4,257,400 1,344,112 5,601,512 ExpendituresHousing Programs InDeed Program 2,500,000 4,633,186 7,133,186 (4,874,290) 2,258,896 2,258,896 Buy Down Housing - 911,675 911,675 (911,675) - 34,112 34,112 2021 Housing Fee in Lieu for buy housing program Chamonix unit- - 520,703 520,703 520,703 Vail Heights Unit- - 410,162 410,162 410,162 TOV Purchased Housing Town of Vail Rental Inventory - 34,612 34,612 34,612 34,612 Black Gore Creek Property- - 2,142,500 2,142,500 2,142,500 Construction Housing Projects Residences at Main Vail Opportunity Fee - - 3,500,000 3,500,000 3,500,000 Residences at Main Vail - 690,000 690,000 690,000 (690,000) - Planning and Design placeholder accounted for in RMV fundLand Purchases for future Housing East Vail CDOT Parcel - - - 2,000,000 2,000,000 Placeholder for East Vail CDOT parcel purchaseTotal Expenditures 2,500,000 6,269,473 8,769,473 787,400 9,556,873 1,344,112 10,900,985 Operating Income - (5,299,473) (5,299,473) - (5,299,473) - (5,299,473) Beginning Fund Balance - 5,299,473 5,299,473 5,299,473 Ending Fund Balance -$ -$ -$ -$ TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEHOUSING FUND10November 16, 2021 - Page 77 of 87
Proposed1st 2021 2nd 2021 3rd 20212021 Supplemental Amended Supplemental Amended Supplemental AmendedRevenueReal Estate Transfer Tax 7,000,000$ 7,000,000$ 1,000,000$ 8,000,000$ 3,500,000$ 11,500,000$ 2021: Increase based on YTD collectionsGolf Course Lease 170,000 170,000 170,000 170,000 Annual lease payment from Vail Recreation District; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue 20,000 300,000 320,000 320,000 320,000 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project; $20K lottery proceedsProject Reimbursements - - 11,200 11,200 11,200 2021: VRD Reimbursement for annual Synexis Maint.Donations - 35,782 35,782 35,782 35,782 2021: Re-appropriate $35.8K unused donation from East West for Ford Park art spaceRecreation Amenity Fees 10,000 10,000 75,000 85,000 85,000 $75K of additional recreation amenity fees based on YTD collectionsEarnings on Investments and Other 49,188 7,867 57,055 7,500 64,555 4,481 69,036 2021 $4.5K use of Sole Power grants towards participant prizes; $7.5K IAFC grant to be used towards fire chipping program; $7.9K use of bag fee for recycling banner swag; $32K Clean Up Day ; 2021-2035: 0.7% interest rate assumedTotal Revenue 7,249,188 343,649 7,592,837 1,093,700 8,686,537 3,504,481 12,191,018 ExpendituresManagement Fee to General Fund (5%) 350,000 350,000 350,000 225,000 575,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 231,592 103,826 335,418 9,289 344,707 344,707 2021: $7.5K use of grant for chipping program over hire; $1.8K transfer from Booth Creek project for hose replacement used on Booth Creek burn; Salary Adjustments; Correct forest health personnel budget to more accurately reflect personnel costs previously budgeted in the GF; Operating budget for Wildland Fire crew; Total Wildland231,592 103,826 335,418 9,289 344,707 - 344,707 ParksAnnual Park and Landscape Maintenance 1,677,755 376,348 2,054,103 2,054,103 2,054,103 2021: Salary adjustments; Correct parks personnel budget to more accurately reflect personnel costs previously budgeted in the GF; flat with 2020 original; Ongoing path, park and open space maintenance, project mgmt.; 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). Park / Playground Capital Maintenance 125,000 46,401 171,401 171,401 171,401 2021: Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete projectTree Maintenance 75,000 10,888 85,888 85,888 85,888 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement 85,000 - 85,000 85,000 85,000 2021: Annual street furniture replacementCovered Bridge Pocket Park Rehabilitation - 111,073 111,073 111,073 111,073 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements - 63,176 63,176 63,176 63,176 2021: Re-appropriate $33.1K for Stephens Park safety improvements; transfer $30 from park capital maint Vail Transit Center Landscape - 32,817 32,817 32,817 32,817 2021: $32.8K for completion of landscaping at Vail transit centerSunbird Park Fountain Repairs - 15,000 15,000 15,000 15,000 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kidsTurf Reduction - 10,000 10,000 10,000 10,000 2021: $10K Continue turf reduction project at Ellefson parkFord Park Master Plan Update - - - 47,000 47,000 2021: Shift back from 2022 budget for Ford Park surveyFord Park Enhancement: Priority 3 Landscape area - 75,000 75,000 75,000 75,000 2021: Re-appropriate for $75K for landscaping around playground ad basketball courtFord Park Playground Improvements 200,000 200,000 200,000 200,000 2021: Safety Improvements to the Ford Park play area including wooden bridge to boulder area, expansion to toddler area, ADA upgrades, and replacement of a safety net ($200K)Playground/Park Roofing Replacements 75,000 75,000 75,000 75,000 2021: Replacing cedar shake roofs at Ford Park, Ellefson Park, and Buffeher Creek Park to address fire safetyKindel Park/Mill Creek 175,000 175,000 175,000 175,000 2021: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirate ship parkBig Horn Park Improvements 55,000 55,000 55,000 55,000 2021: Safety Improvements to Bighorn park including stairway/handrails and resurfacing near picnic tables and grills ($55K)Total Parks2,467,755 740,703 3,208,458 - 3,208,458 47,000 3,255,458 Rec Paths and TrailsRec. Path Capital Maint 85,000 74,717 159,717 159,717 (30,000) 129,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path system; Use $30K of savings for Booth Creek Restroom project to increase size and cover higher than anticipated tap fees Vail Valley Drive Path Extension: Ford Park to Ptarmigan - 42,659 42,659 42,659 42,659 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building- 42,659 42,659 42,659 42,659 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathAdvisory Bike Lanes on Vail Valley Drive 75,000 75,000 75,000 75,000 2021: Add an advisory bike lane on Vail Valley DriveGore Valley Trail Bridge Replacement 40,000 40,000 40,000 40,000 2020-2021: Design and planning for Gore Valley Trail Bridge replacementGore Valley Trail Realignment - 124,428 124,428 124,428 124,428 2021: Re-appropriate $14.4K to continue planning and design of Gore Trail realignment in LHEast Vail Interchange Improvements - 253,818 253,818 253,818 253,818 2021: $253.8K to continue East Vail interchange landscaping projectTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 11 November 16, 2021 - Page 78 of 87
Proposed1st 2021 2nd 2021 3rd 20212021 Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Dowd Junction repairs and improvements 98,563 700,592 799,155 799,155 799,155 2021: Continue Re-stabilization of Dowd Junction path ($2.1M); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSDGore/Deluge Lake Trailhead Parking/Restroom - Improvements to the Gore Creek/Deluge Lake trailhead to improve parking, safety, traffic flow and addition of a restroom facilityGore Valley Trail Fence Replacement at Dowd Junction 50,000 50,000 50,000 50,000 2021: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence projectGore Valley Trail Reconstruction - - - 2020: $25K to complete Gore Valley Trail Reconstruction between W. Vail Conoco and Donovan Pavilion includes revegetation along West trail near Donovan PavilionEast Vail Interchange Trailhead parking lot expansion - 2022: Expanded parking lot at East Vail Interchange trailheadBooth Lake Trailhead Parking Restroom - - - 230,000 230,000 2021: Move forwward $200K from 2022 budget to begin design; Use $30K of rec path maint. Saving to increase # of restroom units and cover higher than anticpiated tap feesTotal Rec Paths and Trails348,563 1,238,873 1,587,436 - 1,587,436 200,000 1,787,436 Recreational FacilitiesNature Center Operations 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 Maintenance 5,165 50,000 55,165 55,165 55,165 2021: Re-appropriate $50K placeholder for nature center maint and repairs; This includes replace benches and chairs ($5.2K); 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 2021: $383.5K for further planning and design for a nature center remodelGolf Clubhouse & Nordic Center - 24,809 24,809 24,809 24,809 2021: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetTotal Recreational Facilities95,165 458,331 553,496 - 553,496 - 553,496 EnvironmentalEnvironmental Sustainability 550,920 70,335 621,255 621,255 621,255 2021: $9.7K Salary adjustments; $15K for a waste reduction intern; $20K annual energy mgmt. software (previously in CPF); $25K to integrate Love Vail website onto new TOV website framework; $650 for annual environments dues; 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.Recycling and Waste Reduction Programs 122,500 90,876 213,376 213,376 213,376 2021: $7.9K use of bag fees for recycled banner swag, $13K annual recycling challenge; reappropriation of the following: Love ($50K), artwork for Love Vail ($5K), Recycling Education ($5K), Recycled art installation; Green Team ($2.5K), Eagle County Recycling Hauls ($25K), Zero Hero ($25K), Actively Green ($40K); Recycling Education ($30K)Ecosystem Health 233,500 49,130 282,630 (2,303) 280,327 280,327 2021: Transfer $2.3K to fire for booth creek burn expenditures; Increase funding for Front range program ($15.1K), $34K for Big Horn sheep and underwater filming/Big Horn sheet documentary; Wildlife Forum ($2.5K), CC4CA ($3K); Biodiversity Study ($50K), Sustainable Destination ($30K), Trees for Vail ($5K), USFS Forest Service Ranger Program ($33K); Wildlife Habitat Improvements ($100K)Energy & Transportation 72,500 18,000 90,500 90,500 4,481 94,981 2021: $4.5K use of Sole Power grants for participant prizes; Annual EV bulk purchase event, partnership with EC e-bike ownership model program; Continue E-Bike pilot program ($25K), Energy Smart Partnership ($40K), Sole Power ($7.5K) 2020: E-bike pilot program research ($25K); Annual expenditures: Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); 2021-2024: Energy Smart Partnership contract ($40K), Sole Power (7.5K) plus $2.1K donation from First BankStreamtract Education/Mitigation 50,000 20,000 70,000 70,000 70,000 2021: Re-appropriate $20K for streamtract education; $50K annual streamtract education programming such as "Lunch with Locals", landscape workshops, City Nature Challenge and storm drain artWater Quality Infrastructure 1,750,000 55,116 1,805,116 1,805,116 1,805,116 2021: Continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; 2021: $1.0M plus $750K deferred from 2020 Streambank Mitigation 200,000 50,000 250,000 250,000 250,000 2021: Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($250K)Gore Creek Interpretive Signage - 150,825 150,825 150,825 150,825 2021: Re-appropriate $150.8K for Gore Creek Interpretive signage projectPW Solar Project 1,100,000 1,100,000 1,100,000 1,100,000 2021: Installation of solar panels at Public Works Shops deferred from 2020Open Space Land Acquisition 500,000 500,000 500,000 500,000 2021: $500K for open lands acquisition includes additional $250K deferred from 2020Total Environmental4,579,420 504,282 5,083,702 (2,303) 5,081,399 4,481 5,085,880 ArtPublic Art - Operating 101,653 1,964 103,617 103,617 103,617 Art in Public Places programming and operationsPublic Art - General program / art 598,022 37,930 635,952 635,952 635,952 2021: $re-appropriate $37.9K for annual art programs; $60K for annual art programs and $538K 2020 deferral of accumulated funds; To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough fundsPublic Art - Winterfest 30,000 23,124 53,124 53,124 53,124 2021- $53.1K for annual Winterfest programmingSeibert Memorial Statue - 17,150 17,150 17,150 17,150 2021: $17.2K for Pete Seibert Memorial statue maintenanceArt Space - 35,782 35,782 35,782 35,782 2021: Design phase for Ford Park art space- see corresponding donation from East West aboveTotal Art729,675 115,950 845,625 - 845,625 - 845,625 12 November 16, 2021 - Page 79 of 87
Proposed1st 2021 2nd 2021 3rd 20212021 Supplemental Amended Supplemental Amended Supplemental AmendedTOWN OF VAIL 2021 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX CommunityCouncil Contribution: Betty Ford Alpine Garden Support 63,985 63,985 63,985 63,985 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseCouncil Contribution: Eagle River Watershed Support 36,000 36,000 36,000 36,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Adopt A Trail 4,590 4,590 4,590 4,590 Adopt A Trail Council Contribution for trails in or bordering the TownCouncil Contribution: Eagle Valley Land Trust 5,000 5,000 5,000 5,000 Eagle Valley Land Trust Council ContributionBetty Ford Alpine Garden - Capital Contribution 20,000 20,000 20,000 20,000 Contribution request to repair ADA pathways ($6K) and upgrade irrigation system ($19K)Total Contributions129,575 - 129,575 - 129,575 - 129,575 VRD-Managed Facility ProjectsRecreation Enhancement Account 170,000 541,665 711,665 711,665 711,665 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Recreation Facility Maintenance 25,000 25,000 11,200 36,200 36,200 2021: Annual $25K for general RETT facility maintenance; $11.2K Synexis MaintGolf Clubhouse 20,260 20,260 20,260 20,260 2021: Wood Trim repairs ($20.2K)Golf Course - Other 135,482 590,318 725,800 725,800 725,800 2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not completed; 2021:course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M)Dobson Ice Arena 486,861 108,986 595,847 595,847 595,847 2021: Re-appropriate $109K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), restroom remodel ($78.7K), rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim ($9.3K); Repairs to exterior doors ($5.5K); exhaust stack repairs ($2.9K); '2020: Complete pavers and roof repairs ($161K); Ford Park / Tennis Center Improvements - 141,043 141,043 141,043 141,043 2021: $141K for golf course maintenance scheduled in 2020 but not completed; Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K)Athletic Fields 109,716 6,000 115,716 115,716 115,716 2021: Re-appropriate $6K for parking lot; Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K) Gymnastics Center - 240,043 240,043 240,043 240,043 2021: Re-appropriate $240K for new cooling system; Restroom remodel ($42.6K)Total VRD-Managed Facility Projects947,319 1,628,055 2,575,374 11,200 2,586,574 - 2,586,574 Total Expenditures 9,879,064 4,790,020 14,669,084 18,186 14,687,270 476,481 15,163,751 Revenue Over (Under) Expenditures (2,629,875) (4,446,371) (7,076,246) 1,075,514 (6,000,732) 3,028,000 (2,972,732) Beginning Fund Balance 13,769,406 20,418,357 20,418,357 20,418,357Ending Fund Balance11,139,530$ 13,342,110$ 14,417,624$ 17,445,624$ 13 November 16, 2021 - Page 80 of 87
Proposed
2021 1st 2021 2nd 2021 3rd 2021
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Business Licenses 335,000$ 335,000$ 335,000$ 335,000$
Transfer in from General Fund 1,475,184 91,790 1,566,974 40,000 1,606,974 600,000 2,206,974
Earnings on Investments 2,000 2,000 2,000 2,000
Total Revenue 1,812,184 91,790 1,903,974 40,000 1,943,974 600,000 2,543,974
Expenditures
Commission on Special Events (CSE) 625,554 79,790 705,344 705,344 705,344
Education & Enrichment 154,530 12,000 166,530 166,530 166,530
Signature Events:
Bravo! 210,355 210,355 210,355 210,355
Vail Jazz Festival 75,000 75,000 75,000 75,000
Vail Valley Foundation - Mountain Games 98,000 98,000 98,000 98,000
Vail Valley Foundation - GRFA 52,500 52,500 52,500 52,500
Vail Valley Foundation - Dance Festival 38,245 38,245 38,245 38,245
Snow Days - - - 300,000 300,000
Fireworks 36,000 36,000 36,000 36,000
Town Produced Events:
Magic of Lights 50,000 50,000 50,000 50,000
Revely Vail 145,000 145,000 145,000 145,000
Vail Holidays Funding 25,000 25,000 25,000 25,000
Ambient Event Funding:
Music in the Villages 300,000 300,000 300,000 300,000
Culteral Heritage:
Summervail - - 40,000 40,000 40,000
Other Council Funded Events
Powabunga - - - 300,000 300,000
Collection Fee - General Fund 16,750 16,750 16,750 16,750
Total Expenditures 1,826,934 91,790 1,918,724 40,000 1,958,724 600,000 2,558,724
Revenue Over (Under) Expenditures (14,750) - (14,750) - (14,750) - (14,750)
Beginning Fund Balance 387,124 387,124 387,124 387,124
Ending Fund Balance 372,374$ 372,374$ 372,374$ 372,374$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING & SPECIAL EVENTS FUND
14
November 16, 2021 - Page 81 of 87
Proposed2021 1st 2021 2nd 2021 3rd 2021Budget Supplemental Amended Supplemental Amended Supplemental AmendedRevenueE911 Board Revenue874,606$ 874,606$ 874,606$ 874,606$ Interagency Charges 1,224,336 1,224,336 1,224,336 1,224,336 Other State Revenues - - - 43,252 43,252 State reimbursements for fire deployments Other County Revenues 259,304 259,304 259,304 52,676 311,980 Reimbursement from Eagle River Fire for station alerting system software integration; $31.7K reimbursement from county fire agencies to link to new CAD system Town of Vail Interagency Charge 616,306 616,306 616,306 616,306 Earnings on Investments and Other 5,000 5,000 5,000 5,000 Total Revenue2,979,552 - 2,979,552 - 2,979,552 95,928 3,075,480 ExpendituresSalaries & Benefits 2,291,795 50,164 2,341,959 2,341,959 16,990 2,358,949 Fire deployments personnel expenditures offset by state reimbursements Operating, Maintenance & Contracts 535,091 535,091 700 535,791 174,621 710,412 Fire Agency licenses for new CAD system Capital Outlay 260,913 292,323 553,236 553,236 34,722 587,958 Mobile Communications vehicle satellite replacement Total Expenditures3,087,799 342,487 3,430,286 700 3,430,986 226,333 3,657,319 Revenue Over (Under) Expenditures (108,247) (342,487) (450,734) (700) (451,434) (130,405) (581,839) Transfer In from General Fund- - - 171,945 171,945 Beginning Fund Balance 1,396,061 1,863,233 1,863,233 1,863,233 Ending Fund Balance1,287,814$ 1,412,499$ 1,411,799$ 1,453,339$ TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND15November 16, 2021 - Page 82 of 87
Proposed
2021 1st 2021 2nd 2021 3rd 2021
Budget Supplemental Amended Supplemental Amended Supplemental Amended
Revenue
Rental Income 1,730,243$ 1,730,243$ 1,730,243$ 1,730,243$
Other Income 20,595 20,595 20,595 20,595
Total Revenue 1,750,838 - 1,750,838 - 1,750,838 - 1,750,838
Expenditures
Operating, Maintenance & Contracts 485,745 485,745 485,745 25,000 510,745
Repair and
matinaince for units
previously leased by
Vail Resorts
Capital Outlay 25,000 25,000 25,000 25,000
Total Expenditures 510,745 - 510,745 - 510,745 25,000 535,745
Operating Income 1,240,093 - 1,240,093 - 1,240,093 (25,000) 1,215,093
Non-operating Revenues (Expenses)
Interest on Investments 2,000 2,000 2,000 2,000
Loan Principal Repayment to Capital Projects Fund (2,283,969) (2,283,969) (2,283,969) (2,283,969)
Interest Payment to Capital Projects Fund (79,118) (79,118) (79,118) (79,118)
Total Non-operating Revenues (Expenses)(2,361,087) - (2,361,087) - (2,361,087) - (2,361,087)
Revenue Over (Under) Expenditures (1,120,994) - (1,120,994) - (1,120,994) (25,000) (1,145,994)
Beginning Fund Balance 2,293,309 2,293,309 2,293,309 2,293,309
Ending Fund Balance 1,172,315$ 1,172,315$ 1,172,315$ 1,147,315$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TIMBER RIDGE FUND
16
November 16, 2021 - Page 83 of 87
2021 2nd 2021 3rd 2021
Budget Supplemental Amended Supplemental Amended
Revenue -$ -$ -$
Rental Income - - -
Other Income - - -
Vacancy - - -
Investment Earnings - - -
Total Revenue - - - - -
Expenses
Operating, Maintenance & Contracts - - -
Capital Outlay - 24,500,000 24,500,000 (20,979,000) 3,521,000
Total Expenditures - 24,500,000 24,500,000 (20,979,000) 3,521,000
Revenue Over Expenses - (24,500,000) (24,500,000) 20,979,000 (3,521,000)
Other Financeing Sources (Uses)
Debt Proceeds - 24,500,000 24,500,000 (20,724,089) 3,775,911
Debt Issuance Cost - (250,000) (250,000) 81,070 (168,930)
Fiscal Agent fees - (2,800) (2,800) (2,800)
Interest Expense - - (83,181) (83,181)
Loan Principal Repayment - - -
Transfer from Capital Projects Fund - 1,500,000 1,500,000 (1,500,000) -
Total Other Financing Sources (Uses)- 25,747,200 25,747,200 (22,226,200) 3,521,000
Change in Net Position - 1,247,200 1,247,200 (1,247,200) -
Net Position- Beginning - - -
Net Position- Ending -$ 1,247,200$ -$
TOWN OF VAIL 2021 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
17
November 16, 2021 - Page 84 of 87
Ordinance No. 22, Series of 2021
ORDINANCE NO. 22
SERIES OF 2021
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, DISPATCH SERVICES FUND, TIMBER RIDGE HOUSING
FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2021 BUDGET FOR THE TOWN
OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH
HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
17, Series of 2020, adopting the 2021 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2021 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,707,276
Capital Projects Fund 78,000
Real Estate Transfer Tax Fund 476,481
Housing Fund 1,344,112
Marketing Fund 600,000
Dispatch Services Fund 226,333
Residences at Main Vail Funds (20,976,889)
Timber Ridge Fund 25,000
Less Interfund Transfers (952,927)
Total $ (17,472,614)
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
November 16, 2021 - Page 85 of 87
Ordinance No. 22, Series of 2021
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
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 commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall 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 2nd day of November 2021, and a public hearing shall be held on this
Ordinance on the 16th day of November, 2021, 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
16th day of November.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
November 16, 2021 - Page 86 of 87
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A djournment (est. 7:00 p.m.)
November 16, 2021 - Page 87 of 87