HomeMy WebLinkAbout2022-03-15 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, March 15, 2022
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.)
1.1.Citizen Participation
2.Any action as a result of executive session
3.Appointments for Boards and Commissions
3.1.Design and Review Board (D RB) Appointments 5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint three members to service
on the D RB for a two year term ending March 31, 2024
3.2.Planning and Environmental Commission (P E C) Appointments 5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint four members to service on
the P E C for a two year term ending March 31, 2024
4.Consent Agenda (5 min.)
4.1.Resolution No. 6, Series 2022, Approving a Release of Restrictive
Covenant for Lot 12, Spraddle Creek Estates, and an Amendment to
Restrictive Covenant for Sunlight North Condominiums Unit Number 8
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 6, Series 2022.
Background: The Rose F. Gillett Revocable Trust owns the properties
described as Lot 12, Spraddle Creek Estates, also known as 1315 Spraddle
Creek Road and Sunlight North Condominiums Unit #8, also known as at
March 15, 2022 - Page 1 of 216
2475 Garmisch Drive, Sunlight North Condominiums, Unit #8. The Town
and the Trust now desire to release the Restrictive Covenant associated with
the Lot and to amend the Restrictive Covenant to release the Unit from the
requirement that it cannot be sold, transferred or conveyed separately from
the Lot.
Staff Recommendation: Approve Resolution No. 6, Series of 2022
4.2.Resolution No. 7, Series of 2022 A Resolution Approving an
I ntergovernmental Agreement Between the Town of Vail and Colorado
Department of Transportation to Support the Operation of Public
Transportation Services
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 7, Series of 2022
Background: The Town of Vail receives State funding in the amount of
$337,234.00 to assist with maintaining of public transportation services.
This funding provides support for public transportation services for the
performance period from J anuary 1, 2022 to J une 30, 2023.
Staff Recommendation: Approve Resolution No. 7, Series of 2022
4.3.Contract Award with A-1 Chipseal for 2022 Vail Slurry Seal Project
Background: Staff received 2 bids for the 2022 Slurry Seal Project. The
project is budgeted with the Capital Street Maintenance budget and is within
the engineer ’s estimate. Roads included in this year ’s asphalt preventive
maintenance project are local streets in the I ntermountain and Matterhorn
neighborhoods. The project is scheduled to be completed by J une 17,
2022.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, with A-1 Chipseal to
complete the 2022 Vail Slurry Seal Project in the amount not to exceed
$173,675.00.
4.4.Contract Award with GM Asphalt Repair L L C 2022 Vail Overlay Project
Background: Staff received 3 bids for the 2022 Vail Overlay Project from
GM Asphalt Repair LLC, 360 Paving LLC and United Companies. The
project is budgeted with the Capital Street Maintenance budget and is within
the engineer ’s estimate. Roads included in this year ’s asphalt overlay
project include Arosa Dr, Davos Trl, Cortina Ln, Garmisch Dr, Vail Valley
Dr from Gold Peak to Ptarmigan Rd and the Spraddle Creek Trailhead lot.
The project is scheduled to be completed by J une 17, 2022.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, with GM Asphalt
Repair LLC to complete the 2022 Vail Overlay Project in the amount not to
exceed $565,627.00.
4.5.Contract Award with Rocky Mountain Custom Landscape for Ellefson
Park/Lot 5 Turf Reduction Project.
Background: The Ellefson Park/Lot 5 Turf Reduction Project is the second
major turf reduction project in the Town of Vail. The project was put out to
competitive bid on J anuary 31, 2022 with 1 bidder responding on February
3, 2022. The bid of $225,755.11 was submitted by Rocky Mountain Custom
Landscape and has been identified as a responsible bid. The 2022
budgeted amount in this account is $150K. The budget shortfall is
approximately $76K. The current Supplemental Budget presented to the
Town Council includes an additional $41K in the Ellefson Park project
account and an additional $35K in the Capital Park Maintenance account.
March 15, 2022 - Page 2 of 216
Staff Recommendation: Authorize the Town Manger to enter into a
construction contract with Rocky Mountain Custom Landscape in the
amount of $225,755.11 for the Ellefson Park/Lot 5 Turf Reduction Project.
4.6.Contract Award for Emerald W itch Productions for Spring Employee
Concert and Celebration
Background: An RF P was published for the production of a employee and
locals concert. Emerald W itch Productions was selected to produce the
event.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement with Emerald W itch Productions L L C in an amount not to
exceed $75,000
4.7.Contract Award for Vail Mountain School to place a Town of Vail School
Resource Officer at V MS Agreement Extension
Background: The Vail Police Department and the Vail Mountain School
(V MS) will complete the current three-year School Resource Officer
contract effective J une 2022. W e are requesting a one-year extension of
this contract for the 2022-2023 school year. The new V MS Headmaster will
then determine if the School Resource Officer program will continue
beyond J une 2023
Staff Recommendation: Authorize the Town Manager to enter into an
agreement with Vail Mountain School in an amount not to exceed $70,000
4.8.Contract Award with E C OS Communications for the Welcome Centers
Creative I nterpretive Display I nstallation
Background: The Vail Welcome Centers look to upgrade their current
displays with new creative and interpretive exhibits. Our Welcome Centers
attract more than 158,000 guests annually and are open 365 days a year
for guests to relax and learn more about the town, Vail Mountain, and
surrounding areas.
Staff Recommendation: Authorize the Town Manager to enter into a contract
with E C OS Communications in a form approved by the Town Attorney in an
amount not to exceed $200,000.
5.Town Manager Report (10 min.)
6.Presentations / Discussion
6.1.V V F presentation on Gerald R. Ford Amphitheater Capital Upgrade and
Expansion
15 min.
Presenter(s): Mike I mhof, Vail Valley Foundation
Action Requested of Council: Listen to presentation and provide feedback
on steps moving forward.
Background: The GRFA has gone through several major capital
improvement projects since 1987. This presentation is the current vision the
V V F would like to share with the Town Council.
6.2.Short-Term Rental Study - Part 3 60 min.
Presenter(s): Alex J akubiec, Town of Vail Revenue Manager; Kathleen
Halloran, Town of Vail Finance Director; and Andrew Knudtsen, Economic
& Planning Systems I nc
Action Requested of Council: Please provide feedback to staff regarding
the third phase of short-term rental study.
Background: The purpose of this memorandum is to propose policy
March 15, 2022 - Page 3 of 216
changes for consideration based on the information gathered by RRC
Associates and Economic & Planning Systems I nc. (E P S) during their
comprehensive study of the Vail short-term rental (S TR) market and provide
an opportunity for Council to consider future regulations of S TRs.
Staff Recommendation: Please provide feedback to staff regarding the third
phase of short-term rental study.
7.Action Items
7.1.Booth Creek Fuels Reduction Project NE PA Update 30 min.
Presenter(s): Paul Cada W ildland Program Manager
Action Requested of Council: Listen to presentation and ask questions.
Background: I n 2020 the Town of Vail signed a cooperative agreement with
the US FS to fund an environmental analysis for the Booth Creek Fuels
Reduction Project. To date, the Town of Vail has spent approximately
$120,000 for the environmental analysis. The project is now in the public
comment phase.
Staff Recommendation: Approve comment letter supporting Booth Creek
Fuels Reduction Project
7.2.Ordinance No. 2, Series 2022 First Reading An Ordinance Amending
Chapter 11 of Title 5 of the Vail Town Code to Reduce the Risk of W ildfires
in the Town
45 min.
Presenter(s): Paul Cada W ildland Program Manager, Mark Novak Fire
Chief
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 2, Series of 2022
Background: I n 2020 the Vail Town Council approved the Vail Community
W ildfire Protection Plan (C W P P). A primary goal of the C W P P was to
reduce the risk of a wildland urban disaster within the Town of Vail. An
essential element in achieving this goal is to prevent the ignition of
structures. The most effective manner to achieve this goal is to require a
non-combustible zone around all structures.
Staff Recommendation: Approve Ordinance No. 2, Series of 2022 on first
reading
7.3.Ordinance No. 3, Series 2022, First Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real
Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy
Equipment Fund, Residences at Main Vail Fund and Dispatch Services
Fund
20 min.
Presenter(s): Carlie Smith, Deputy Finance Director
Action Requested of Council: Approve or approve with amendments
Ordinance No. 3, Series 2022.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 3, Series 2022.
8.Adjournment
8.1.Adjournment 9:25 pm (estimate)
March 15, 2022 - Page 4 of 216
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.
March 15, 2022 - Page 5 of 216
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: Citizen P articipation
AT TAC H ME N TS:
Description
Citizen Participation
March 15, 2022 - Page 6 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Input regarding End of Season Concert
Date:Tuesday, March 15, 2022 11:21:21 AM
Attachments:image007.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Samantha Biszantz <sbiszantz@gmail.com>
Sent: Tuesday, March 15, 2022 8:48 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Input regarding End of Season Concert
I am sorry I cannot be there in person today but I am writing to express my concern about the
funding for the End of Season Concert that will be voted on today for a few reasons:
1) I just want to point out that the Town could potentially give $75k to an unexperienced event
planner. The staff at Fall Line is amazing and they have been doing some very fun events there lately
but I believe that a concert with a stage, security, etc is a much larger undertaking than a DJ night or
a bingo brunch at a local bar.
2) I do not believe that the attendance will be worth this dollar amount on May 2. The attendance at
the concerts on I Bridge the past few weekends as part of Vail Après has been pathetic and I don’t
foresee it getting any better. In addition, with the push back of Closing Day, I know that 50% of my
staff at both Root & Flower and Two Arrows will already be out of town on May 2. And lastly, if you
are in town and you do Closing Day how most people do Closing Day, you usually spend the day after
March 15, 2022 - Page 7 of 216
on your couch trying to avoid the village or people or bars at all costs.
3) The only way this will be well attended is if the talent is very popular but I do not believe that is
possible with a $75k budget for a free show.
I believe this is an irresponsible use of taxpayer money for the above reasons. Not to mention,
please consider you are attempting to give $75k to a producer with zero experience on a what I
believe will be a very quiet day in town, rather than $100k to an experienced event producer who
would have brought world-renowned talent to town on a very need weekend towards the end of
April when there are actually tourists and locals still in town (ie Powabunga). It would have
accomplished both a local “thank you” and been an economic driver, just as it was in early
December. I see far greater value in the latter and while it is too late to go that route, I still don’t
think we should throw money at something that will most likely be a flop.
Thank you for your consideration. Please know that I am no longer a member of CSE and these
comments are my own, as a business and home owner in the town of Vail.
Sam
Samantha Biszantz
sbiszantz@gmail.com
Co-Owner of:
Root & Flower
Two Arrows Coffee | Bar
858–349-5024
March 15, 2022 - Page 8 of 216
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Design and Review Board (D R B ) A ppointments
P RE S E NT E R(S ): K im L angmaid, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint three members to service on the
D R B for a two year term ending March 31, 2024
March 15, 2022 - Page 9 of 216
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: Planning and Environmental Commission (P E C) Appointments
P RE S E NT E R(S ): K im L angmaid, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint four members to service on the P E C
for a two year term ending March 31, 2024
March 15, 2022 - Page 10 of 216
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. 6, Series 2022, Approving a Release of Restrictive Covenant for
L ot 12, Spraddle Creek Estates, and an A mendment to Restrictive Covenant for Sunlight North
Condominiums Unit Number 8
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. 6, S eries 2022.
B AC K G RO UND: The Rose F. Gillett Revocable Trust owns the properties described as L ot 12,
S praddle Creek E states, also known as 1315 Spraddle Creek Road and Sunlight North
Condominiums Unit #8, also known as at 2475 Garmisch Drive, Sunlight North Condominiums,
Unit #8. The Town and the Trust now desire to release the Restrictive Covenant associated with
the L ot and to amend the Restrictive Covenant to release the Unit from the requirement that it
cannot be sold, transferred or conveyed separately from the L ot.
S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 6, S eries of 2022
AT TAC H ME N TS:
Description
Res. 6 series 2022
exhibit A
exhibit B
March 15, 2022 - Page 11 of 216
RESOLUTION NO. 6
Series of 2022
A RESOLUTION APPROVING A RELEASE OF RESTRICTIVE COVENANT FOR LOT
12, SPRADDLE CREEK ESTATES, AND AN AMENDMENT TO RESTRICTIVE
COVENANT FOR SUNLIGHT NORTH CONDOMINIUMS UNIT NUMBER 8
WHEREAS, the Rose F. Gillett Revocable Trust (the "Trust") owns the properties
described as Lot 12, Spraddle Creek Estates, also known as 1315 Spraddle Creek Road
(the "Lot") and Sunlight North Condominiums Unit #8, also known as at 2475 Garmisch
Drive, Sunlight North Condominiums, Unit #8 (the "Unit") (each a "Property" and
collectively the "Properties");
WHEREAS, the Properties are subject to a Restrictive Covenant dated May 9,
2000 and recorded on June 21, 2000 at Reception No. 732701 in the records of Eagle
County, Colorado (the "Restrictive Covenant"), which states that the Unit cannot be sold,
transferred, or conveyed separately from the Lot; and
WHEREAS, the Town and the Trust now desire to release the Restrictive
Covenant associated with the Lot, in the form set forth in Exhibit A and incorporated
herein by this reference (the “Release”), and to amend the Restrictive Covenant to
release the Unit from the requirement that it cannot be sold, transferred or conveyed
separately from the Lot, in the form set forth in Exhibit B and incorporated herein by this
reference (the “Amendment”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Release and the
Amendment in substantially the same form as attached hereto as Exhibit A (the Release)
and Exhibit B (the Amendment), and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the Release and the Amendment.
Section 2. This Resolution shall take effect immediately upon its passage.
March 15, 2022 - Page 12 of 216
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 15th day of March 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 15, 2022 - Page 13 of 216
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RELEASE OF RESTRICTIVE COVENANT
THIS RELEASE OF RESTRICTIVE COVENANT (the "Release") is entered into
this ___ day of _______________, 2022 (the "Effective Date") by and between the Town
of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road,
Vail, CO 81657 (the "Town"), and The Rose F. Gillett Revocable Trust (the "Trust") (each
a "Party" and collectively the "Parties").
WHEREAS, the Trust owns the properties described as Lot 12, Spraddle Creek
Estates, also known as 1315 Spraddle Creek Road (the "Lot") and Sunlight North
Condominiums Unit #8, also known as at 2475 Garmisch Drive, Sunlight North
Condominiums, Unit #8 (the "Unit") (each a "Property" and collectively the "Properties");
WHEREAS, the Properties are subject to a Restrictive Covenant dated May 9,
2000 and recorded on June 21, 2000 at Reception No. 732701 in the records of Eagle
County, Colorado (the "Restrictive Covenant"), which states that the Unit cannot be sold,
transferred, or conveyed separately from the Lot; and
WHEREAS the Parties now desire to release the Restrictive Covenant associated
with the Lot.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Release. The Lot is hereby released from any restrictions contained in the
Restrictive Covenant.
2. Recording. This Release shall be recorded with the Eagle County Clerk
and Recorder.
3. Consent of Owners' Association. Spraddle Creek Maintenance
Association, Inc., a Colorado corporation, the association of owners under the Declaration
of Covenants and Restrictions for Spraddle Creek Estates (the "Declaration"), recorded
November 10, 1993, in book 624 at page 528, consents to this Release.
IN WITNESS WHEREOF, the Parties have executed this Release as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 15, 2022 - Page 14 of 216
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THE ROSE F. GILLETT REVOCABLE
TRUST
_____________________________
Rose F. Gillett, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2022, by Trustee Rose F. Gillett for The Rose F.
Gillett Revocable Trust.
My commission expires:
(S E A L) _______________________________
Notary Public
ACKNOWLEDGED BY:
_______________________________
Spraddle Creek Maintenance
Association, Inc.
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of _______________, 2022, by __________________ of Spraddle Creek
Maintenance Association, Inc., a Colorado corporation.
My commission expires:
(S E A L) ________________________________
Notary Public
March 15, 2022 - Page 15 of 216
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AMENDMENT TO RESTRICTIVE COVENANT
THIS AMENDMENT TO RESTRICTIVE COVENANT (the "Amendment") is
entered into this ___ day of _______________, 2022 (the "Effective Date") by and
between the Town of Vail, a Colorado home rule municipality with an address of 75 South
Frontage Road, Vail, CO 81657 (the "Town"), and The Rose F. Gillett Revocable Trust
(the "Trust") (each a "Party" and collectively the "Parties").
WHEREAS, the Trust owns the properties described as Lot 12, Spraddle Creek
Estates, also known as 1315 Spraddle Creek Road (the "Lot") and Sunlight North
Condominiums Unit #8, also known as at 2475 Garmisch Drive, Sunlight North
Condominiums, Unit #8 (the "Unit") (each a "Property" and collectively the "Properties");
WHEREAS, the Properties are subject to a Restrictive Covenant dated May 9,
2000 and recorded on June 21, 2000 at Reception No. 732701 in the records of Eagle
County, Colorado (the "Restrictive Covenant"), which states that the Unit cannot be sold,
transferred, or conveyed separately from the Lot;
WHEREAS the Parties now desire to amend the Restrictive Covenant to release
the Unit from the requirement that it cannot be sold, transferred or conveyed separately
from the Lot; and
WHEREAS, by separate instrument, the Parties are releasing the Lot from the
Restrictive Covenant.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is mutually acknowledged, the
Parties agree as follows:
1. Amendment. The requirement that the Unit cannot be sold, transferred, or
conveyed separately from the Lot is hereby removed from the Restrictive Covenant. The
Unit may be sold, transferred or conveyed separately from the Lot, and the Lot may be
sold, transferred or conveyed separately from the Unit.
2. Other Provisions. Except as expressly set forth herein, all provisions of the
Restrictive Covenant shall remain in full force and effect.
3. Recording. This Amendment shall be recorded with the Eagle County Clerk
and Recorder.
4. Future Deed Restrictions. Nothing in this Amendment shall affect the
Town's authority to burden the Property with one or more future deed restrictions, or to
make additional amendments to the existing Restrictive Covenant.
5. Consent of Owners' Association. Spraddle Creek Maintenance
Association, Inc., a Colorado corporation, the association of owners under the Declaration
of Covenants and Restrictions for Spraddle Creek Estates (the "Declaration"), recorded
November 10, 1993, in book 624 at page 528, consents to this Amendment.
March 15, 2022 - Page 16 of 216
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
THE ROSE F. GILLETT REVOCABLE
TRUST
_____________________________
Rose F. Gillett, Trustee
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2022, by Trustee Rose F. Gillett for The Rose F.
Gillett Revocable Trust.
My commission expires:
(S E A L) _______________________________
Notary Public
ACKNOWLEDGED BY:
_______________________________
Spraddle Creek Maintenance
Association, Inc.
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of _______________, 2022, by __________________ of Spraddle Creek
Maintenance Association, Inc., a Colorado corporation.
My commission expires:
(S E A L) ________________________________
Notary Public
March 15, 2022 - Page 17 of 216
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. 7, Series of 2022 A Resolution Approving an I ntergovernmental
A greement B etween the Town of Vail and Colorado Department of Transportation to S upport the
Operation of Public Transportation Services
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. 7, S eries of 2022
B AC K G RO UND: The Town of Vail receives State funding in the amount of $337,234.00 to
assist with maintaining of public transportation services. This funding provides support for public
transportation services for the performance period from J anuary 1, 2022 to J une 30, 2023.
S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 7, S eries of 2022
AT TAC H ME N TS:
Description
Resolution No. 7, Series of 2022
March 15, 2022 - Page 18 of 216
Resolution No. 7, Series of 2022
RESOLUTION NO. 7
SERIES OF 2022
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE TOWN OF VAIL AND COLORADO DEPARTMENT OF
TRANSPORTATION TO SUPPORT THE OPERATION OF PUBLIC
TRANSPORTATION SERVICES
WHEREAS, the Town receives funding from the Colorado Department of Transportation
(“CDOT”) to support public transportation;
WHEREAS, the Town and CDOT wish to enter into an Intergovernmental Agreement (the
“IGA”) outlining the terms and conditions of the grant; and
WHEREAS, the Council’s approval of this Resolution is required to enter into the IGA.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF
VAIL, STATE OF COLORADO:
Section 1. The Council hereby approves the IGA and authorizes the Town Manager to
enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form
approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
ATTEST TOWN OF VAIL
______________________________ _____________________________
Tammy Nagel, Town Clerk Kim Langmaid, Mayor
March 15, 2022 - Page 19 of 216
Contract Number: 22-HTR-ZL-00196/491002875 Page 1 of 44 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
22-HTR-ZL-00196 / 491002875
Subrecipient
TOWN OF VAIL
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
June 30, 2023 Subaward Agreement Amount
Federal Funds
Maximum Amount (100%)
Local Funds
Local Match Amount (0%)
Agreement Total
$337,234.00
$0.00
$337,234.00
Fund Expenditure End Date
June 30, 2023
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with the American Rescue Plan (ARP) Act, additional assistance funding has been made
available through a discretionary process to eligible recipients or subrecipients of Urbanized Area Formula
funds (49 U.S.C. 5307) or Rural Area Formula funds (49 U.S.C. 5311) in response to Coronavirus disease
2019 (COVID–19). Eligible expenses are operating costs related to operations, personnel, cleaning, and
sanitization combating the spread of pathogens on transit systems, and debt service payments incurred to
maintain operations and avoid layoffs and furloughs as a result of COVID -19.
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 – Federal Provisions.
4. Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
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 – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5. Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Moira Moon
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
moira.moon@state.co.us
For Subrecipient:
Chris Southwick
TOWN OF VAIL
75 SOUTH FRONTAGE ROAD W
VAIL, CO 81657-5096
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.
SUBRECIPIENT
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 Subrecipient 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 AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover
Page for this Agreement (the “State”). Subrecipient 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 Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
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 Subrecipient in a form substantially equivalent to the 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, th e State, at
its discretion, upon written notice to Subrecipient 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 Subrecipient, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient 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, Subrecipient 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 Subrecipient 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 Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective
date of the termination. If this Agreement is terminated in this manner, then Subrecipient 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 subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and an y future modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
C. “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 Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient 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 Subrecipient 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.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S.
G. “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 Subrecipient’s Work that is intended to be delivered
by Subrecipient.
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H. “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.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal
Award. The term does not include payments to a Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal
Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of
this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “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 Wo rk, 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.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part
of FTA’s standard terms and conditions governing the administration of a project supported with federal
assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in -kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “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.
W. “Recipient” means the State agency shown on the Signature and Cover Pages of this Agreement, for the
purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall
include any services to be rendered by Subrecipient in connection with the Goods.
Y. “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 subje ct
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 Subrecipient which (i) is subject to disclosure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any oblig ation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
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who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 -
30-202(13)(a), C.R.S.
AA. “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.
BB. “State Records” means any and all State data, information, and records regardless of physical form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work.
“Subcontractor” also includes sub -recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the
“Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “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.
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 AND BUDGET
Subrecipient 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 Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as “Federal Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. 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 Subrecipient 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 Subrecipient shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
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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. Subrecipient 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 Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’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 Subr ecipient 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 Subrecipient 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 Subrecipient 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.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the sta tus of
such funds upon request. Subrecipient’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 Subrecipient and paid into Subrecipient’s treasury or bank account.
Subrecipient represents to the State that the amount designated “Subrecipient’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. Subrecipient 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 Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement,
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
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Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be made in
accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward 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 Subrecipient may adjust the amounts between
each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient
provides notice to the State of the change, the change does not modify the Subaward Maximum Amount
or the Subaward Maximum Amount for any federal fiscal year or 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 Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the Work,
shall not be reimbursable. Subrecipient 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
Subrecipient 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, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient’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. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
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, Subrecipient 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
If Subrecipient 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 Subrecipient’s ability to perform its obligations under this Agreement, Subrecip ient 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
Subrecipient 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 Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
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allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which ma y include, without limitation, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient 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 (collec tively, the “Subrecipient Records”).
Subrecipient 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 Subrecipient 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
Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
hours at Subrecipient’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, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this
Agreement. 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 Subrecipient’s
performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed on
Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audi t is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly avai lable. Subrecipient 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.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the State’s Principal Representative identified on the Cover Page of
the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient 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.
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Subrecipient 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. Subrecipient 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
Subrecipient 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. Subrecipient shall provide the
State with access, subject to Subrecipient’s reasonable security requirements, for purposes of inspecti ng and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient 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 Subrecipient can establish that Subrecipient and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient 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 Subrecipient shall make all modifications as directed by the State. If Subrecipient 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 Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the possession of Subrecipient 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 Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, includin g, 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. Subrecipient 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
Subrecipient 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 Subrecipient under this Agreement. Such a conflict of
interest would arise when a Subrecipient 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 thi s Agreement.
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B. Apparent Conflicts of Interest
Subrecipient 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, Subrecipient shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Subrecipient’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, Subrecipient 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. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient 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 Subrecipient 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. Subrecipient 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. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient 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 Subrecipient 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. 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 Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. 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 Subrecipient and
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Subrecipient shall forward such notice to the State in accordance with §14 within seven days of
Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient 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 Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -
10-101, et seq., C.R.S. (the “GIA”), Subrecipient 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, Subrecipient shall ensure that the Subcontractor maintain at all times during the
terms of this Subrecipient, 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.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall provide to the S tate certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s
or any Subcontractor’s coverage, Subrecipient 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,
Subrecipient 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 to the other
Party. If the notified Party does not cure the Breach of Agreement, 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 Subrecipient 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 Subrecipient 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 Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
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a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient 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, Subrecipient 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, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient 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 Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such
termination shall be treated as a termination in the public inte rest, 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, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient 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 Subrecipient’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient 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 Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’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 Subrecipient’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, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
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(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. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
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
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient
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 Subrecipient wishes to
challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appea l 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 Subrecipient 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.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce
publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal
Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
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 Subrecipient are the exclusive
property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performa nce of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
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of this Agreement for any reason, Subrecipient 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 Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre -existing materials owned or
licensed to Subrecipient 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
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Subrecipient Property”). Subrecipient 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
Subrecipient’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 Subrecipient’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval o f the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federa l 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. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
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.
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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 confor m 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 subje ct to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’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 Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use t axes that Subrecipient 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
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient 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
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Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, 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
Subrecipient shall comply with all applicable requirements of Exhibits C and 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 I mmunity 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.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient 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 fo r Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient 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.
Subrecipient 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.
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G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from
death, bodily injury, or damage to tangible property; or that conflict s 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.
Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient 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. Subrecipient has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Subrecipient’s services and Subrecipient 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 Subrecipient in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements between the State and Subrecipient, 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] Subrecipient 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., Subrecipient 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 Subrecipient that the Subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Subrecipient (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 Subrecipient 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 Dep artment of Labor and Employment. If Subrecipient
participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notarized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
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Department program. If Subrecipient 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, Subrecipient shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Subrecipient (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 5311 Operating using American Rescue Plan (ARP) Funds
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date To Be Determined
Project End Date June 30, 2023
FAIN To Be Determined CFDA# 20.509
CFDA Title Formula Grants for Rural Areas Program SAM UEID# R17RS3JCQZ68
Subrecipient Vail, Town of DUNS # 075753293
Contact Name Chris Southwick Vendor # 2000003
Address 75 South Frontage Road
Vail, CO 81657-5096
Phone # (970) 479-2159
Email csouthwick@vailgov.com Indirect Rate N/A
Total Project Budget $337,234.00
Budget WBS** ALI Federal Funds Local Funds Total
Operating 21-11-4ARPA.VAIL.600 30.09.08 100% $337,234.00 0% $0.00 $337,234.00
Total Project Amount Encumbered via this Subaward Agreement $337,234.00
*This is not a research and development grant.
**The WBS numbers may be replaced without changing the amount of the subaward at CDOT’s discretion.
A. Project Description
Town of Vail shall maintain the existence of public transportation services through but not limited to the following
goals:
1. Support transit operations to prevent, prepare for, and respond to COVID -19 (see Section D for more details);
2. Enhance access to health care, education, employment, public services, recreation, social transactions, and other
basic needs;
3. Assist in the maintenance, development, improvement and use of public transportation in their Transportation
Planning Region (TPR);
4. Encourage and facilitate the most efficient use of all transportation funds used to provide passenger
transportation in their TPR through the coordination of programs and services; and
5. Encourage mobility management, employment -related transportation alternatives, joint development practices,
and transit-oriented development.
This funding provides support for the services described above for the performance period from January 1, 2022 to
June 30, 2023.
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B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Reimbursement Request in COTRAMS Monthly
Submit Quarterly Reports in COTRAMS Quarterly
Submit Final Reimbursement Request in COTRAMS 9/1/2023
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 Subaward Agreement: June 30, 2023.
2. Performance will be reviewed throughout the duration of this Subaward 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;
c. Identification of problem areas and how the proble ms will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
C. Project Budget
1. The Total Project Budget is $337,234.00. CDOT will pay 100% of the eligible, actual operating costs, up to the
maximum amount of $337,234.00. CDOT will retain any remaining balance of the federal share of ARP FTA-
5311 Funds. Town of Vail shall be solely responsible for all costs incurred in the project in excess of the
amount paid by CDOT from Federal Funds for the federal share of eligible, actual costs. For CDOT accounting
purposes, the Federal Funds of $337,234.00 (100%) for operating costs, will be encumbered for this Subaward
Agreement.
2. No refund or reduction of the amount of Town of Vail’s share to be provided will be allowed unless there is at
the same time a refund or reduction of the federal share of a proportionate amount.
3. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds for use on this
project. CDOT will administer Federal Funds for this Project under the terms of this Subaward Agreement,
provided that the federal share of FTA funds to be administered by CDOT are made available and remain
available. Town of Vail shall initiate and prosecute to completion all actions necessary to enable Town of Vail
to provide its share of the Total Project Budget at or prior to the time that such funds are needed to meet the
Total Project Budget.
D. Allowable Costs
1. Town of Vail shall agree to adhere to the provisions for allowable and unallowable costs cited in the following
regulations: 2 CFR 200.420 through 200.475; FTA C 5010.1E Chapter VI : Financial Management; Master
Agreement, Section 6 “Non-Federal Share;” and 2 CFR 200.102. Other applicable requirements for cost
allowability not cited previously, shall also be considered.
Town of Vail’s operating expenses (net fare revenue) are eligible beginning January 1, 2022. Those costs
include
a. Paying administrative leave of operations personnel due to reductions in services or quarantine; paratransit
service operating expenses;
b. Items having a useful life of less than one year, including personal protective equipment and cleaning
supplies; or
c. Costs directly related to system operations.
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Town of Vail at a minimum, should consider the following items as operating expense s: fuel, oil, drivers and
dispatcher salaries and fringe benefits, and licenses.
2. If Town of Vail elects to take administrative assistance, eligible costs may include but are not limited to:
general administrative expenses (e.g., salaries of the project dir ector, secretary, and bookkeeper); marketing
expenses; insurance premiums or payments to a self-insurance reserve; office supplies; facilities and equipment
rental; standard overhead rates; and the costs of administering drug and alcohol testing. Additiona lly,
administrative costs for promoting and coordinating ridesharing are eligible as project administration if the
activity is part of a coordinated public transportation program.
3. Eligible expenses under ARP funds cannot also be reimbursed utilizing regular 5311, CARES, or CRRSAA Act
funds.
4. No eligible expenses can be charged to this subaward agreement until the previously awarded subaward
agreement has been fully expensed in the following order: CARES, CRRSAA, ARPA. For subrecipients who
have a previous subaward agreement (or agreements) for multiple funding types (e.g. both operating and
administrative funds) that is still active, if one of those funding types has been fully exhausted and there are
eligible expenses that can be charged to this subaward agreement, only those expenses related to that funding
type are allowed to be charged to this subaward agreement. However, any remaining expenses that would fall
under the other category may not be charged to this subaward agreement until that funding type is fully
expensed from that particular subaward agreement.
E. Reimbursement Eligibility
1. Town of Vail must submit invoice(s) monthly via COTRAMS. Reimbursement will apply only to eligible
expenses that are incurred within the period of performance (January 1, 2022 – June 30, 2023) of this Subaward
Agreement.
2. Reimbursement requests must be within the limits of Section D., Allowable Costs, of this Subaward Agreement .
3. Town of Vail must submit the final invoice within sixty (60) calendar days of June 30, 2023, and submit a Grant
Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) days of issuance of the final
reimbursement payment.
F. 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 people with disabilities.
G. Restrictions on Lobbying
Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
H. Special Conditions
1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the federal award is
used in accordance with federal statutes, regulations, and the terms and conditions of the federal award.
2. Town of Vail agrees that if it receives federal funding from the Federal Emergency Management Agency
(FEMA) or through a pass-through entity through the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, a different federal agency, or insurance proceeds for any portion of a project activity approved
for FTA funding under this Grant Agreement, it will provide written notification to CDOT, and reimburse
CDOT for any federal share that duplicates funding provided by FEMA, another federal agency, or an insuran ce
company.
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3. 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.
4. Record retention shall adhere to the requirements outlined in 2 CFR 200.33 4 and FTA C 5010.1E.
5. Town of Vail cannot request reimbursement for costs on this project from more than one Federal Awarding
Agency or other federal awards (i.e., no duplicate billing).
6. Town of Vail must obtain prior CDOT approval, in writing, if FTA funds are intended to be used for payment
of a lease or for third-party contracts.
7. If receiving FTA 5311 funding, Town of Vail shall advertise its fixed route and/or rural based service as
available to the general public and service will not be explicitly limited by trip purpose or client type.
8. If receiving FTA 5311 funding, Town of Vail shall maintain and report annually all information required by
NTD and any other financial, fleet, or service data.
9. If receiving FTA 5311 or 5339 funding, Town of Vail will ensure subcontractors and subrecipients comply with FTA
Drug and Alcohol Regulations.
10. Town of Vail will comply with the Federal Transit Administration (FTA) Drug and Alcohol Regulations, to
include on time submission to FTA’s Drug and Alcohol Management Information System (DAMIS).
11. 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.
12. 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 CD OT’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.”
13. Town of Vail will provide transportation services to persons with disabilities in accordance with the Americans
with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
14. 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.
15. 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.
16. Town of Vail shall agree to produce and maintain documentation that supports compliance with the Americans
with Disabilities Act to CDOT upon request.
17. Town of Vail shall update its Agency Profile in COTRAMS with any alterations to existing construction or any
new construction in accordance with FTA Circular 4710.1.
18. If applicable, Town of Vail will adopt a Transit Asset Management Plan that complies with regulations
implementing 49 U.S.C. § 5326(d).
19. Town of Vail shall include nondiscrimination language and the Disadvantaged Business Enterprise (DBE)
assurance in all contracts and solicitations in accordance with DBE regulations, 49 CFR part 26 and CDOT’s
DBE program.
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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)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year
Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
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 Options 1(A): The Subaward Agreement Amount table on the Agreement’s Cover Page
is hereby deleted and replaced with the Current Subaward 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 & 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, FEDERAL PROVISIONS
1. APPLICABILITY OF PRO VISIONS
1.1. The Contract to which these Federal Provisions are attached has been funded, in whole or in part, with
an Award of Federal funds. In the event of a conflict between the provisions of these Federal Provisions,
the Special Provisions, the body of the Contract, or any attachments or exhibits incorporated into and
made a part of the Contract, the provisions of these Federal Provisions shall control.
2. DEFINITIONS
2.1. For the purposes of these Federal Provisions, the following terms shall have the meanings ascribed to
them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Contract setting forth the terms
and conditions of that financial assistance, that a non-Federal Entity receives or administers.
2.1.1.1. Awards may be in the form of:
2.1.1.1.1. Grants;
2.1.1.1.2. Contracts;
2.1.1.1.3. Cooperative agreements, which do not include cooperative research and development
agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended
(15 U.S.C. 3710);
2.1.1.1.4. Loans;
2.1.1.1.5. Loan Guarantees;
2.1.1.1.6. Subsidies;
2.1.1.1.7. Insurance;
2.1.1.1.8. Food commodities;
2.1.1.1.9. Direct appropriations;
2.1.1.1.10. Assessed and voluntary contributions; and
2.1.2.1.11. Other financial assistance transactions that authorize the expenditure of Fe deral funds by
non-Federal Entities.
2.1.1.1.12. Any other items specified by OMB in policy memoranda available at the OMB website or
other source posted by the OMB.
2.1.1.2. Award does not include:
2.1.1.2.1. Technical assistance, which provides services in lieu of money;
2.1.1.2.2. A transfer of title to Federally-owned property provided in lieu of money; even if the award
is called a grant;
2.1.1.2.3. Any award classified for security purposes; or
2.1.1.2.4. Any award funded in whole or in part with Rec overy funds, as defined in section 1512 of
the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111 -5).
2.1.2. “Contract” means the Agreement or Subaward Agreement to which these Federal Provisions are
attached and includes all Award types in §2.1.1.1 of this Exhibit.
2.1.3. “Contractor” means the party or parties to a Contract or Subaward Agreement funded, in whole or
in part, with Federal financial assistance, other than the Prime Recipient, and includes Subrecipients
and borrowers. For purposes of Transparency Act reporting, Contractor does not include Vendors .
2.1.4. “Data Universal Numbering System (DUNS) Number” means the nine-digit number established and
assigned by Dun and Bradstreet, Inc. to uniquely identify a business e ntity. Dun and Bradstreet’s
website may be found at: http://fedgov.dnb.com/webform.
2.1.5. “Entity” means all of the following as defined at 2 CFR part 25, subpart C;
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2.1.5.1. A governmental organization, which is a State, local government, or Indian Tribe;
2.1.5.2. A foreign public entity;
2.1.5.3. A domestic or foreign non-profit organization;
2.1.5.4. A domestic or foreign for-profit organization; and
2.1.5.5. A Federal agency, but only a Subrecipient under an Award or Sub award to a non-Federal entity.
2.1.6. “Executive” means an officer, managing partner or any other employee in a management position.
2.1.7. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal
agency to a Prime Recipient.
2.1.8. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient as
described in 2 CFR §200.37
2.1.9. “FFATA” means the Federal Funding Accountability and Transparency Act of 2006 (Public Law
109-282), as amended by §6202 of Public Law 110 -252. FFATA, as amended, also is referred to
as the “Transparency Act.”
2.1.10. “Federal Provisions” means these Federal Provisions subject to the Transparency Act and Uniform
Guidance, as may be revised pursuant to ongoing guidance from the relevant Federal or S tate of
Colorado agency or institutions of higher education.
2.1.11. “OMB” means the Executive Office of the President, Office of Management and Budget.
2.1.12. “Prime Recipient” means a Colorado State agency or institution of higher education that receives
an Award.
2.1.13. “Subaward” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal
Award. The terms and conditions of the Federal Award flow down to the Award unless the terms
and conditions of the Federal Award specifically indicate otherwise in accordance with 2 CFR
§200.38. The term does not include payments to a contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” means a non-Federal Entity (or a Federal agency under an Award or Subaward to a
non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance
of the Federal project or program for which the Federal funds were awarded. A Subrecipient is
subject to the terms and conditions of the Federal Award to the Prime Recipient, including program
compliance requirements. The term “Subrecipient” includes and may be referred to as Subrecipient.
The term does not include an individual who is a beneficiary of a federal program.
2.1.15. “Subrecipient Parent DUNS Number” means the sub recipient parent organization’s 9 -digit Data
Universal Numbering System (DUNS) number that appears in the sub recipient’s System for Award
Management (SAM) profile, if applicable.
2.1.16. “System for Award Management (SAM)” means the Federal repository into which an Entity must
enter the information required under the Transparency Act, which may be found at
http://www.sam.gov.
2.1.17. “Total Compensation” means the cash and noncash dollar value earned by an Executive during the
Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following:
2.1.17.1. Salary and bonus;
2.1.17.2. Awards of stock, stock options, and stock appreciation rights, using the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)
(FAS 123R), Shared Based Payments;
2.1.17.3. Earnings for services under non-equity incentive plans, not including group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of Executives
and are available generally to all salaried employees;
2.1.17.4. Change in present value of defined benefit and actuarial pension p lans;
2.1.17.5. Above-market earnings on deferred compensation which is not tax-qualified;
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2.1.17.6. Other compensation, if the aggregate value of all such other compensation (e.g. severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the Executive exceeds $10,000.
2.1.18. “Transparency Act” means the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of Public Law 110-252. The Transparency Act also
is referred to as FFATA.
2.1.19. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, which supersedes
requirements from OMB Circulars A-21, A-87, A-110, and A-122, OMB Circulars A-89, A-102,
and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. The terms and
conditions of the Uniform Guidance flow down to Awards to Subrecipients unless the Uniform
Guidance or the terms and conditions of the Federal Award specifically indicate otherwise.
2.1.20. “Vendor” means a dealer, distributor, merchant or other seller providing property or services
required for a project or program funded by an Award. A Vendor is not a Prime Recipient or a
Subrecipient and is not subject to the terms and conditions of the Federal award. Program
compliance requirements do not pass through to a Vendor.
3. COMPLIANCE
3.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable provisions
of the Uniform Guidance, and the regulations issued pursuant thereto, including but not limited to these
Federal Provisions. Any revisions to such provisions or regulations shall automatically become a part of
these Federal Provisions, without the necessity of either party executing any further instrument. The
State of Colorado may provide written notification to Contractor of such revisions, but such notice shall
not be a condition precedent to the effectiveness of such revisions.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND DATA UNIVERSAL NUMBERING
SYSTEM (DUNS) REQUIREMENTS
4.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the
final financial report required under the Award or receives final payment, whichever is later. Contractor
shall review and update SAM information at least annually after the initial registration, and more
frequently if required by changes in its information.
4.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient, and shall update Contractor’s
information in Dun & Bradstreet, Inc. at least annually after the initial registration, and more frequently
if required by changes in Contractor’s information.
5. TOTAL COMPENSATION
5.1. Contractor shall include Total Compensation in SAM for each of its five most highly compensated
Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $25,000 or more; and
5.1.2. In the preceding fiscal year, Contractor received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts
and/or Federal financial assistance Awards or Sub awards subject to the Transparency Act; and
5.1.2.2. $25,000,000 or more in annual gross revenues from Federal procurement contracts and
subcontracts and/or Federal financial assistance Awards or Sub awards subject to the
Transparency Act; and
5.1.3. The public does not have access to information about the compensation of such Executives through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING
6.1. Contractor shall report data elements to SAM and to the Prime Recipient as required in this Exhibit if
Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall
be made to Contractor for providing any reports req uired under these Federal Provisions and the cost of
producing such reports shall be included in the Contract price. The reporting requirements in this Exhibit
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are based on guidance from the US Office of Management and Budget (OMB), and as such are subjec t
to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract
and shall become part of Contractor’s obligations under this Contract.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR REPORTING
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the initial award is
$25,000 or more. If the initial Award is below $25,000 but subsequent Award modifications result in a
total Award of $25,000 or more, the Award is subject to the r eporting requirements as of the date the
Award exceeds $25,000. If the initial Award is $25,000 or more, but funding is subsequently de -
obligated such that the total award amount falls below $25,000, the Award shall continue to be subject
to the reporting requirements.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime Recipient as of
December 26, 2015. The standards set forth in §11 below are applicable to audits of fiscal years
beginning on or after December 26, 2014 .
8. SUBRECIPIENT REPORTING REQUIREMENTS
8.1. If Contractor is a Subrecipient, Contractor shall report as set forth below.
8.1.1. To SAM. A Subrecipient shall register in SAM and report the following data elements in SAM for
each Federal Award Identification Number no later than the end of the month following the month
in which the Sub award was made:
8.1.1.1. Subrecipient DUNS Number;
8.1.1.2. Subrecipient DUNS Number + 4 if more than one electronic funds transfer (EFT) account;
8.1.1.3. Subrecipient Parent DUNS Number;
8.1.1.4. Subrecipient’s address, including: Street Address, City, State, Country, Zip + 4, and
Congressional District;
8.1.1.5. Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;
and
8.1.1.6. Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in
§4 above met.
8.1.2. To Prime Recipient. A Subrecipient shall report to its Prime Recipient, upon the effective date of
the Agreement, the following data elements:
8.1.2.1. Subrecipient’s DUNS Number as registered in SAM.
8.1.2.2. Primary Place of Performance Information, including: Street Address, City, State, Country, Zip
code + 4, and Congressional District.
9. PROCUREMENT STANDARDS
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement procedures which
reflect applicable State, local, and Tribal laws and regulations, provided that the procurements conform
to applicable Federal law and the standards identified in the Uniform Guid ance, including without
limitation, §§200.318 through 200.326 thereof.
9.2. Procurement of Recovered Materials. If a Subrec ipient is a State Agency or an agency of a political
subdivision of the State, its contractors must comply with section 6002 of the Solid Waste Disposal Act,
as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or
the value of the quantity acquired during the preceding fiscal year exceeded $10,0 00; procuring solid
waste management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
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10. ACCESS TO RECORDS
10.1. A Subrecipient shall permit Recipient and auditors to have access to Sub recipient’s records and financial
statements as necessary for Recipient to meet the requirements of §200.331 (Requirements for pass -
through entities), §§200.300 (Statutory and national policy requirements) through 200.309 (Period of
performance), and Subpart F-Audit Requirements of the Uniform Guidance. 2 CFR §200.331(a)(5).
11. SINGLE AUDIT REQUIREMENTS
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during t he Subrecipient’s fiscal year, the
Subrecipient shall procure or arrange for a single or program-specific audit conducted for that year in
accordance with the provisions of Subpart F-Audit Requirements of the Uniform Guidance, issued
pursuant to the Single Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR §200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with Uniform Guidance
§200.514 (Scope of audit), except when it elects to have a program -specific audit conducted in
accordance with §200.507 (Program-specific audits). The Subrecipient may elect to have a
program-specific audit if Subrecipient expends Federal Awards under only one Federal program
(excluding research and development) and the Federal program's statutes, regulations, or the terms
and conditions of the Federal award do not require a financial statement audit of Prime Recipient.
A program-specific audit may not be elected for research and development unless all of the Federal
Awards expended were received from Recipient and Recipient approves in advance a program-
specific audit.
11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during its fiscal year,
the Subrecipient shall be exempt from Federal audit require ments for that year, except as noted in 2
CFR §200.503 (Relation to other audit requirements), but records shall be available for review or
audit by appropriate officials of the Federal agency, the State, and the Government Accountability
Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or otherwise arrange for
the audit required by Part F of the Uniform Guidance and ensure it is properly performed and
submitted when due in accordance with the Uniform Guidance. Subreci pient shall prepare
appropriate financial statements, including the schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510 (Financial statements) and provide the auditor with
access to personnel, accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Part F -Audit
Requirements.
12. CONTRACT PROVISIONS FOR SUBRECIPIENT CONTRACTS
12.1. If Contractor is a Subrecipient, then it shall comply with and shall include all of the following applicable
provisions in all subcontracts entered into by it pursuant to this Agreement.
12.1.1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 -
1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR P art, 1964-
1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246
Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60,
“Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor.
12.1.1.1. During the performance of this contract, the contractor agrees as follows:
12.1.1.1.1. Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants
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for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
12.1.1.1.2. Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
12.1.1.1.3. Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided
by the agency contracting officer, advising the labor union or workers' representative of
the contractor's commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
12.1.1.1.4. Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
12.1.1.1.5. Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
12.1.1.1.6. In the event of Contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
12.1.1.1.7. Contractor will include the provisions of paragraphs (1) through (7) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as may be directed by
the Secretary of Labor as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a result of such direction,
the contractor may request the United States to enter into such litigation to protect the
interests of the United States.”
12.1.2. Davis-Bacon Act. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -
Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to laborers
and mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once
a week. The non-Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal
entity must report all suspected or reported violations to the Federal awarding agency. The contracts
must also include a provision for compliance with the Copeland “Anti -Kickback” Act (40 U.S.C.
3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States”). The Act provides that each contractor or Subrecipient must be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The
non-Federal entity must report all suspected or reported violations to the Feder al awarding agency.
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12.1.3. Rights to Inventions Made Under a Contract or Contract. If the Federal Award meets the
definition of “funding Contract” under 37 CFR §401.2 (a) and Subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that “funding
Contract,” Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Contracts,” and any implementing regulations issued by the awarding
agency.
12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as amended. Contracts and subawards of amounts in excess of $150,000 must contain
a provision that requires the non-Federal award to agree to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.
13. CERTIFICATIONS
13.1. Unless prohibited by Federal statutes or regulations, Recipient may require Subrecipient to submit
certifications and representations required by Federal statutes or regulations on an annual basis. 2 CFR
§200.208. Submission may be required more frequently if Subrecipient fails to meet a requirement of
the Federal award. Subrecipient shall certify in writing to the State at the end of the Award that the
project or activity was completed, or the level of effort was expended. 2 CFR §200.201(3). If the
required level of activity or effort was not carried out, the amount of the Award must be adjusted .
14. EXEMPTIONS
14.1. These Federal Provisions do not apply to an individual who receives an Award as a natural person,
unrelated to any business or non-profit organization he or she may own or operate in his or her name.
14.2. A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt
from the requirements to report Subawards and the Total Compensation of its most highly compensated
Executives.
14.3. There are no Transparency Act reporting requirements for Vendors.
15. EVENT OF DEFAULT
15.1. Failure to comply with these Federal Provisions shall constitute an event of default under the Contract
and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default
remains uncured five calendar days following the termination of the 30-day notice period. This remedy
will be in addition to any other remedy available to the State of Colorado under the Contract, at law or
in equity.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
All FTA-Assisted Third-Party Contracts and Subawards from the Current FTA Master Agreement
[FTA MA(23)]
Section 3.l. – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT do not and shall not have any commitment or liability related to the
Agreement, to any Third-Party Participant at any tier, or to any other person or entity that is not a party (FTA,
CDOT or the Subrecipient) to the Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation
or Third-Party Agreement at any tier that may affect the Agreement, the Federal Government and CDOT
does not and shall not have any commitment or liability to any Third Party Participant or other entity or
person that is not a party (FTA, CDOT, or the Subrecipient) to the Agreement.
Section 4.f. – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 C.F.R. part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Subrecipient provides to the Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious,
or fraudulent claim, statement, submission, certification, assurance, or rep resentation in connection with a
federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law.
Section 9. Record Retention and Access to Sites of Performance.
a. Types of Records. The Subrecipient agrees that it will retain, and will require its Third-Party Participants to retain,
complete and readily accessible records related in whole or in part to the Underlying Agreement, including, but
not limited to, data, documents, reports, statistics, subagreements, leases, t hird party contracts, arrangements,
other third-party agreements of any type, and supporting materials related to those records.
b. Retention Period. The Subrecipient agrees that it will comply with the record retention requirements in the
applicable U.S. DOT Common Rule. Records pertaining to its Award, the accompanying Agreement, and any
Amendments thereto must be retained from the day the Agreement was signed by the authorized FTA or State
official through the course of the Award, the accompanying Agreement, and any Amendments thereto until three
years after the Subrecipient has submitted its last or final expenditure report, and other pending matters are closed.
c. Access to Recipient and Third-Party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
Subrecipient and each of its Subrecipient,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Subrecipient or Third-Party Participant within books,
records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
d. Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third-Party Participants
to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
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e. Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e
Master Agreement.
3.G – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance .
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards
or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or
this Master Agreement. At the time the FTA Authorized Official (CDOT) awards federal assistance to the
Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be modified
from time-to-time and will apply to the Subrecipient or the accompanying Agreement.
12 – Civil Rights
a. Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third-
Party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.,
(b) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 C.F.R. part 21, and
(c) Federal transit law, specifically 49 U.S.C. § 5332 , and
(3) Follow:
(a) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal
Transit Administration Recipients,” to the extent consistent with applicable federal laws,
regulations, requirements, and guidance,
(b) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 C.F.R. § 50.3,
and
(c) All other applicable federal guidance that may be issued.
b. Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third-Party
Participant will, prohibit, discrimination on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and:
(a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.,
(b) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends
or supersedes it in part and is applicable to federal assistance programs,
(c) Comply with federal transit law, specifically 49 U.S.C. § 5 332, as provided in section 12 of this
Master Agreement,
(d) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients,” and
(e) Follow other federal guidance pertaining to EEO laws, regulations, and requirements, and
prohibitions against discrimination on the basis of disability,
(2). Specifics. The Subrecipient agrees to, and assures that each Third-Party Participant will:
(a) Prohibited Discrimination. Ensure that applicants for employment are employed and employees are
treated during employment without discrimination on the basis of their race, color, religion, national
origin, disability, age, sexual orientation, gender identity, or status as a parent, as provided in
Executive Order No. 11246 and by any later Executive Order that amends or supersedes it, and as
specified by U.S. Department of Labor regulations,
(b) Affirmative Action. Take affirmative action that includes, but is not limited to:
1 Recruitment advertising, recruitment, and employment,
2 Rates of pay and other forms of compensation,
3 Selection for training, including apprenticeship, and upgrading, and
4 Transfers, demotions, layoffs, and terminations, but
(c) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian
Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and
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(b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or
supersedes it, referenced in 42 U.S.C. § 2000e note.
c. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49
C.F.R. part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 27,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State an d Local
Government Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart
F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and
guidance.
Energy Conservation – 26.j
a. Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, if any, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq ., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA regulations, “Requirements
for Energy Assessments,” 49 C.F.R. part 622, subpart C.
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Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
a. Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal
Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the
Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award,
(2) The Federal Government determines that continuing to provide federal assistance to support the Award does
not adequately serve the purposes of the law authorizing the Award, or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger
substantial performance of the Agreement.
b. Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations
properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal
Government may recover the federal assistance it has provided for the Award, including the federal assistance for
obligations properly incurred before the termination date, if it determines that the Subrecipient has misused its
federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property,
or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser
amount, as the Federal Government may determine including obligations properly incurred before the termination
date.
c. Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of
performance established for the Award does not, by itself, constitute an expiration or termination of the Award;
FTA may extend the period of performance to assure that each Formula Project or related activities and each
Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems
appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
a. Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 C.F.R. part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 C.F.R. part 1200.
(2) It will not enter into any arrangement to participate in the development or implementation of the
Underlying Agreement with any Third-Party Participant that is debarred or suspended except as
authorized by:
(a) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200,
(b) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 C.F.R. part 180, including any amendments thereto,
(c) Executive Orders No. 12549, “Uniform Suspension, Debarment, or Exclusion of Participants from
Procurement or Nonprocurement Activity,” October 13, 1994,” 31 U.S.C. § 6101 note, as amended
by Executive Order No. 12689, “Debarment and Suspension,” August 16, 1989 , 31 U.S.C. § 6101
note, and
(d) Other applicable federal laws, regulations, or guidance regarding participation with debarred or
suspended Subrecipients or Third-Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs,” https://www.sam.gov, if required by U.S. DOT
regulations, 2 C.F.R. part 1200.
(4) It will include, and require each Third-Party Participant to include, a similar provision in each lower tier
covered transaction, ensuring that each lower tier Third Party Participant:
(a) Complies with federal debarment and suspension requirements, and
(b) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2
C.F.R. part 1200.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third-Party Participant or
individual, the Subrecipient will provide immediate written notice to the:
(a) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
Agreement,
(b) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(c) FTA Chief Counsel.
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Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, incl uding:
Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. § 5323(j).
Section 39. Disputes, Breaches, Defaults, or Other Litigation.
a. FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying Agreement, and any Amendments thereto including,
but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any
settlement or compromise.
b. Notification to FTA. If a current or prospective legal matter that may affect the Federal Government emerges,
the Subrecipient must promptly notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in
which the Subrecipient is located.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in
any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) If the Subrecipient has credible evidence that a Principal, Official, Employee, Agent, or Third Party
Participant of the Subrecipient, or other person has submitted a false claim under the False Claims Act,
31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters
as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, the
Subrecipient must promptly notify the U.S. DOT Inspector General, in addition to the FTA Chief
Counsel or Regional Counsel for the Region in which the Subrecipient is located.
c. Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the percentage of the federal share for the Agreement.
Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence.
d. Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third-party
agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third-Party Participant will use federal
assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a
member of Congress, or officer or employee of Congress on matters that involve the Agreement, including any
extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(a) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended,
(b) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 C.F.R. part 20, to the extent consistent with
31 U.S.C. § 1352, as amended, and
(c) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal
assistance for any activity concerning legislation or appropriations designed to influence the U.S.
Congress or a state legislature, and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying
activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official
channels.
Section 26. Environmental Protections – Clean Air and Clean Water
Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance and assures
that its Third Party Participants will comply or facilitate compliance with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972,
the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act,
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Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and
Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos.
11988 and 13690 relating to “Floodplain Management.”)
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
a. Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 C.F.R. part 661, to the extent consistent with 49 U.S.C. §
5323(j),
b. Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C.
§ 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 C.F.R.
part 381, and
c. Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301 -10.131
– 301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third-Party Participant
will comply with all federal laws, regulations, and requirements providing protections for construction employees
involved in each Project or related activities with federal assistance provided through the Agreement, including
the:
(1) Prevailing Wage Requirements of:
(a) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”),
(b) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, and
(c) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstructio n
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(2) Wage and Hour Requirements of:
(a) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., an
(b) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
(3) “Anti-Kickback” Prohibitions of:
(a) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874,
(b) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145, and
(c) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States,” 29 C.F.R. part 3.
(4) Construction Site Safety of:
(a) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and
(b) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 C.F.R. part
1904; “Occupational Safety and Health Standards,” 29 C.F.R. part 1910; and “Safety and Health
Regulations for Construction,” 29 C.F.R. part 1926.
From Section 16
b. Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
1 Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
2 Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the Subrecipient will not impose excessive bonding and wi ll follow FTA guidance.
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From Section 23
c. Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as
amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 C.F.R. part 41, specifica lly,
49 C.F.R. § 41.117.
Section 12 Civil Rights D.3
d. Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
a. U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor,” 41 C.F.R. chapter 60, and
b. Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965,
42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced
in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
a. Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections
for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards A ct, as
amended, 40 U.S.C. § 3702, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL
regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract
Work Hours and Safety Standards Act),” 29 C.F.R. part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance
appropriated or made available for FTA programs involving public transportation operations, the Subrecipient
agrees to comply and assures that each Third-Party Participant will comply with the following employee
protective arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b),
or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal
Government, U.S. DOL must provide a certification of employee protective arrangements before FTA
may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by
U.S. DOL is a condition of the Agreement and that the Subrecipient must comply with its terms and
conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the Agreement and the
Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient agrees, and assures that any Third Party Participant providing public transportation
operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317,
FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. §
5333(b) to any Subagreement participating in the program to provide public transportation for seniors
(elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case
determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under
title 23, United States Code (flex funds), and make other exceptions a s it deems appropriate.
Section 28. Charter Service.
a. Prohibitions. The Recipient agrees that neither it nor any Third -Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 C.F.R. part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
b. Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA
has established the following additional exceptions to those restrictions:
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(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided tha t the Subrecipient uses that federal
assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to s upport a New Freedom-type Project or
related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in
effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for
program purposes only.
c. Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service
regulations, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 C.F.R. part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
a. Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its
Award will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or
(g), FTA regulations, “School Bus Operations,” 49 C.F.R. part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable federal guidance.
b. Violations. If a Subrecipient or any Third-Party Participant has operated school bus service in violation of FTA’s
School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third -Party Participants will comply
with:
(a) Federal transit laws, specifically 49 U.S.C. § 5331,
(b) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
C.F.R. part 655, and
(c) Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and
Alcohol Testing Programs,” 49 C.F.R. part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that t he Subrecipient or a
Third-Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
C.F.R. part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from
receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Subrecipient or Third-Party Participant produces a patented or patentable invention, improvement, or
discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to
practice with federal assistance provided through the Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding section
17.a.(2) of this Master Agreement (FTA MA(23)), the Subrecipient will notify FTA immediately and provide
a detailed report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third-Party Participant’s rights and responsibilities, in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any
Third Party Participant as a large business, small business, state government, state instrumentality, local
government, Indian tribe, nonprofit organization, institution of higher education, or individual, the
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Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 C.F.R.
part 401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with applicable federal
requirements.
Section 18. Rights in Data and Copyrights.
a. Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject
data” include, but are not limited to computer software, standards, specifications, engineering drawings and
associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information,
but do not include financial reports, cost analyses, or other similar information used for performance or
administration of the Agreement.
b. General Federal Restrictions. The following restrictions apply to all subject data first produced in the performance
of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any
manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal
use, an institution of higher learning, the portion of subject data that the Federal Government has previously
released or approved for release to the public, or the portion of data that has the Federal Government’s prior
written consent for release.
c. Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty -free, non-
exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject
data provided those actions are taken for Federal Government purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to
any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan,
resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient
herein acknowledges that the above copyright license grant is first in time to any and all other grants of a
copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over
any other claim of exclusive copyright to the same.
d. Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance,
and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research,
development, demonstration, deployment, technical assistance, or special studies program is to increase
transportation knowledge, rather than limit the benefits of the Award to the Subr ecipient and its Third-Party
Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs described
above is completed, it must provide a report of the Agreement that FTA may publish or make available for
publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subjec t data, and a copy
of the subject data to any FTA Recipient or any Third -Party Participant at any tier, except as the Federal
Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary
information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal
assistance for the Award becomes “subject data” and must be delivered as the Federal Governme nt may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Subrecipient’s use and acquired with FTA capital program assistance.
e. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with federal applicable
requirements.
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f. Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates
any proprietary rights, copyrights, or right of privacy, and if its violation under the pre ceding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers,
employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to
indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts o f federal officers, employees or agents, or if indemnification is prohibited or limited by
applicable state law.
g. Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or may be
construed to affect the scope of any license or other right otherwise granted to the Federal Government under any
patent.
h. Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it
may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section
generally does not apply to data developed without federal assistance, even though that data may have been used
in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
i. Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not limited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID
(ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research
Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required
publications and associated digital data sets as such terms are defined in the DOT Public Access plan.
Additional information about how to comply with the requirements can be found at:
http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the
Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
a. Disadvantaged Business Enterprise (and Prompt Payment and Return of Retainage). To the extent authorized by
applicable federal laws, regulations, or requirements, the Subrecipient agrees to facilitate, and ass ures that each
Third-Party Participant will facilitate, participation by small business concerns owned and controlled by socially
and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs),
in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(a) Section 1101(b) of the FAST Act, 23 U.S.C. § 101 note,
(b) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 C.F.R. part 26, and
(c) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement
(FTA MA(23)).
(2) DBE Program Requirements. A Subrecipient that receives planni ng, capital and/or operating assistance and
that will award prime third-party contracts exceeding $250,000 the requirements of 49 C.F.R. part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(a) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part
26, and
(b) Reporting TVM Awards. Within 30 days of any third -party contract award for a vehicle purchase, the
Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Subrecipient must also submit additional notifications if options are exercised
in subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 C.F.R. § 26.13(a):
(a) Recipient Assurance. The Subrecipient agrees and assures that:
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1 It must not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program
or the requirements of 49 C.F.R. part 26,
2 It must take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT assisted contracts,
3 Its DBE program, as required under 49 C.F.R. part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement, and
4 Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry
out its terms shall be treated as a violation of the Master Agreement (FTA MA(23)).
(b) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance. The Subrecipient agrees and
assures that it will include the following assurance in each subagreement and third-party contract it signs
with a Subrecipient or Third-Party Contractor and agrees to obtain the agreement of each of its
Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
1 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 C.F.R. part 26,
2 The Subrecipient, each Third-Party Contractor, and each Third-Party Subcontractor must take all
necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award
and administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable,
3 Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontract, as applicable, and
4 The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third -Party Subcontractor from
future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 C.F.R. part 26, and, in appropriate cases, refer the
matter for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act
of 1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
b. Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities,
(b) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
1 For FTA Recipients generally, Titles I, II, and III of the ADA apply, but
2 For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer,”
(c) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities,
(d) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination, and
(e) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(a) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R.
part 37,
(b) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. part 2 7,
(c) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 C.F.R. part 1192 and 49 C.F.R. part 38,
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(d) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
C.F.R. part 39,
(e) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 C.F.R. part 35,
(f) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 C.F.R. part 36,
(g) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 C.F.R. part 1630,
(h) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 C.F.R. part 64, Subpart F,
(i) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
C.F.R. part 1194,
(j) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R. part 609,
(k) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance,” and
(l) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Section 16. Procurement. For Assignability
a. Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1 To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and
requirements in effect now or later that affect its third-party procurements,
(2) To comply with the applicable U.S. DOT Common Rules, and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
a. Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project,
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized, and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
b. Documents. The State agrees to provide the information required under this provision in the following documents:
(1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5)
press releases, and (6) other publications..
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EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist
is provided as guidance and is subject to change by State. State shall provide notice of any such
changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to
reimburse Subrecipients as quickly as possible and a well organized and complete billing packet
helps to expedite payment.
Verification of Payment –
General Ledger Report must have the following:
Identify check number or EFT number;
If no check number is available, submit Accounts Payable Distribution report with the
General Ledger;
In-Kind (must be pre-approved by State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
If no General Ledger Report, all of the following are acceptable :
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
Payment amounts should match the amount requested on the reimbursement. Additional
explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must be
approved by State prior to any Work taking place.
If in-kind or cash match is being used for the Local Match, the in-kind or cash match
portion of the project must be included in the project application and the statement of work
attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind
or cash match, but State does.
General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State
prior to applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs are allowed, the approved rate and the time period for
the approval. The indirect cost plan must be reconciled annually and an updated letter
submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and
approved prior to including these costs in the reimbursements.
Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR
§200. 19, that verifies fringe benefit, or
Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
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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: Contract Award with A-1 Chipseal for 2022 Vail Slurry Seal Project
B AC K G RO UND: S taff received 2 bids for the 2022 Slurry Seal Project. T he project is
budgeted with the Capital S treet Maintenance budget and is within the engineer’s estimate. Roads
included in this year’s asphalt preventive maintenance project are local streets in the I ntermountain
and Matterhorn neighborhoods. T he project is scheduled to be completed by J une 17, 2022.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a
form approved by the Town A ttorney, with A -1 Chipseal to complete the 2022 Vail S lurry S eal
P roject in the amount not to exceed $173,675.00.
AT TAC H ME N TS:
Description
memo
March 15, 2022 - Page 64 of 216
To: Town Council
From: Public Works
Date: 03/15/202
Subject: 2022 Vail Slurry Seal Contract Award
I. ITEM/TOPIC
2022 Vail Slurry Seal Contract Award
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with A-1 Chipseal to complete
the 2022 Vail Slurry Seal Project.
III. BACKGROUND
Staff received 2 bids for the 2022 Slurry Seal Project. The project is budgeted with the
Capital Street Maintenance budget and is within the engineer’s estimate. Roads
included in this year’s asphalt preventive maintenance project are local streets in the
Intermountain and Matterhorn neighborhoods. The project is scheduled to be
completed by June 17, 2022.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement , in a form approved by the
Town Attorney, with A-1 Chipseal to complete the 2022 Vail Slurry Seal Project in the
amount not to exceed $173,675.00.
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I T E M /T O P I C:
Contract Award with G M Asphalt Repair L L C 2022 Vail Overlay P roject
B AC K G RO UND: S taff received 3 bids for the 2022 Vail Overlay P roject from G M A sphalt
Repair L L C, 360 Paving L L C and United Companies. T he project is budgeted with the Capital
S treet Maintenance budget and is within the engineer’s estimate. Roads included in this year’s
asphalt overlay project include Arosa Dr, Davos Trl, Cortina L n, Garmisch Dr, Vail Valley Dr from
Gold Peak to Ptarmigan Rd and the S praddle Creek Trailhead lot. The project is scheduled to be
completed by J une 17, 2022.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a
form approved by the Town A ttorney, with G M Asphalt Repair L L C to complete the 2022 Vail
Overlay P roject in the amount not to exceed $565,627.00.
AT TAC H ME N TS:
Description
memo
March 15, 2022 - Page 66 of 216
To: Town Council
From: Public Works
Date: 03/15/2022
Subject: 2022 Vail Overlay Contract Award
I. ITEM/TOPIC
2022 Vail Overlay Contract Award
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with GM Asphalt Repair LLC to
complete the 2022 Vail Overlay Project.
III. BACKGROUND
Staff received 3 bids for the 2022 Vail Overlay Project from GM Asphalt Repair LLC,
360 Paving LLC and United Companies. The project is budgeted with the Capital Street
Maintenance budget and is within the engineer’s estimate. Roads included in this
year’s asphalt overlay project include Arosa Dr, Davos Trl, Cortina Ln, Garmisch Dr,
Vail Valley Dr from Gold Peak to Ptarmigan Rd and the Spraddle Creek Trailhead lot.
The project is scheduled to be completed by June 17, 2022.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement , in a form approved by the
Town Attorney, with GM Asphalt Repair LLC to complete the 2022 Vail Overlay Project
in the amount not to exceed $565,627.00.
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I T E M /T O P I C: Contract Award with Rocky Mountain Custom L andscape for E llefson Park/L ot 5
Turf Reduction Project.
B AC K G RO UND: The Ellefson P ark/L ot 5 Turf Reduction P roject is the second major turf
reduction project in the Town of Vail. T he project was put out to competitive bid on J anuary 31,
2022 with 1 bidder responding on F ebruary 3, 2022. The bid of $225,755.11 was submitted by
Rocky Mountain Custom L andscape and has been identified as a responsible bid. The 2022
budgeted amount in this account is $150K . T he budget shortfall is approximately $76K. The
current Supplemental Budget presented to the Town Council includes an additional $41K in the
E llefson Park project account and an additional $35K in the Capital Park Maintenance account.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manger to enter into a construction contract
with Rocky Mountain Custom L andscape in the amount of $225,755.11 for the E llefson Park/L ot 5
Turf Reduction Project.
AT TAC H ME N TS:
Description
Memorandum
March 15, 2022 - Page 68 of 216
To: Vail Town Council
From: Department of Public Works
Date: March 15, 2022
Subject: Request to Award Contract – Ellefson Park/Lot 5 Turf Reduction Project
I. PURPOSE
The purpose of this item is to request the Town Council to award a construction contract to Rocky Mountain
Custom Landscape in the amount of $225,755.11 for the Ellefson Park/Lot 5 Turf Reduction Project.
II. BACKGROUND
The Ellefson Park/Lot 5 Turf Reduction Project is the second major turf reduction project in the Town of
Vail. The project was put out to competitive bid on January 31, 2022 with 1 bidder responding on February
3, 2022. The bid of $225,755.11 was submitted by Rocky Mountain Custom Landscape and has been
identified as a responsible bid. Rocky Mountain Custom Landscape is a local contractor which has
successfully completed other projects for the Town of Vail. The project initially included only Ellefson Park.
Lot 5, Town Manager’s residence, was added by request. Maintenance work on several sections of
concrete sidewalk was identified as necessary during design and was added to the project scope.
III. BUDGET INFORMATION
The funding for the Ellefson Park/Lot 5 Turf Reduction Project is included in the 2022 Real Estate Transfer
Tax, Recreation Path Maintenance Account. The 2022 budgeted amount in this account is $150K. The
budget shortfall is approximately $76K. The current Supplemental Budget presented to the Town Council
includes an additional $41K in the Ellefson Park project account and an additional $35K in the Capital Park
Maintenance account.
IV. PROJECT SCHEDULE
The contractor has provided a schedule to mobilize construction equipment and begin work on April 25,
2022 and to complete the work by June 30, 2022. Ellefson Park will remain open to the fullest extent
possible for the duration of the construction period. Adjacent property owners will be notified of the
schedule following Town Council action.
V. ACTION REQUESTED BY COUNCIL
Staff requests the Council direct the Town Manger to enter into a construction contract with Rocky
Mountain Custom Landscape in the amount of $225,755.11 for the Ellefson Park/Lot 5 Turf Reduction
Project.
VI. STAFF RECOMMENDATION
Staff recommends that the Council direct the Town Manger to enter into a construction contract with Rocky
Mountain Custom Landscape in the amount of $225,755.11 for the Ellefson Park/Lot 5 Turf Reduction
Project.
March 15, 2022 - Page 69 of 216
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I T E M /T O P I C: Contract Award for Emerald W itch P roductions for Spring E mployee Concert and
Celebration
B AC K G RO UND: An R F P was published for the production of a employee and locals concert.
E merald W itch Productions was selected to produce the event.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement with
E merald W itch Productions L L C in an amount not to exceed $75,000
AT TAC H ME N TS:
Description
Council Memo - Employee Concert Recommendation and Contract
March 15, 2022 - Page 70 of 216
To: Vail Town Council
From: Economic Development Department
Date: 3/15/2022
Subject: Employee and Locals Concert Plan and Contract
I. SUMMARY
On February 15, staff requested the reallocation of $50,000 from the traditional spring
concerts to an employee and locals’ concert and celebration to be held at the end of the
ski season. An additional $25,000 is being contributed by Vail Resorts to support the
event. An RFP was published, and one proposal was received. The proposal from
Emerald Witch Productions, a production company associated with Fall Line Kitchen on
Bridge Street, was reviewed by staff and CSE and a recommendation has been made to
move forward with this event producer.
II. BACKGROUND
In January and February, staff presented plans to council to re-imagine our spring
activations, moving away from large scale Ford Park concerts this spring due to high
levels of visitation, staffing and operational challenges across town and more. There was
support from council to move in this direction, though comments were made by council
on how the loss of the concerts could negatively impact the locals and employees who
celebrated the end of the ski season at these events. Based on this feedback staff
requested funding to host an employee and local celebration concert in partnership with
Vail Resorts at or near the conclusion of the ski season.
The plan for the employee concert is to celebrate the hard work and dedication of Vail
employees and residents with a day of recognition and thanks and a concert the day
after closing day. The concert was originally scheduled for April 25th, but with the recent
announcement of the extension of the ski season to May 1, the recommendation is now
to host the concert on May 2nd.
Emerald Witch Productions is made up of staff from Fall Line Kitchen and is being
supported by other local businesses. They have planned out a fun celebration with live
music, giveaways and other employee recognition elements, and PrimaVail will also
include the final recognition of employees as part of the event. They also have a mental
health focus for the event, supporting the challenges faced by the service industry in our
community. The event will be promoted to locals and employees through the Town of
Vail, Vail Resorts, the Vail Chamber and other business groups. A ticketing or
registration will be setup to qualify guests as employed or living in the community.
March 15, 2022 - Page 71 of 216
Town of Vail Page 2
III. ACTION REQUESTED OF COUNCIL
Direct the Town Manager to enter into an agreement on a form approved by the town
attorney with Emerald Witch Productions in amount not to exceed $75,000 for the
execution of the spring Employee Concert and Celebration.
March 15, 2022 - Page 72 of 216
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: Contract Award for Vail Mountain School to place a Town of Vail S chool Resource
Officer at V MS A greement E xtension
B AC K G RO UND: The Vail P olice Department and the Vail Mountain School (V MS ) will complete
the current three-year S chool Resource Officer contract effective J une 2022. We are requesting a
one-year extension of this contract for the 2022-2023 school year. T he new V MS Headmaster will
then determine if the School Resource Officer program will continue beyond J une 2023
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement with Vail
Mountain School in an amount not to exceed $70,000
AT TAC H ME N TS:
Description
Memo
March 15, 2022 - Page 73 of 216
To: Vail Town Council
Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Kathleen Halloran, Finance Director
From: Dwight Henninger, Police Chief
Justin Liffick, Administrative Commander
Date: March 8, 2022
Subject: One-Year Contract Extension – School Resource Officer at Vail Mountain School
The Vail Police Department and the Vail Mountain School (VMS) will complete the current three-year
School Resource Officer contract effective June 2022. We are requesting a one-year extension of this
contract for the 2022-2023 school year. The new VMS Headmaster will then determine if the School
Resource Officer program will continue beyond June 2023.
The amount of $70,000 has been budgeted and agreed upon as an amount that VMS will pay as part
of the existing contract over the 180 days of school per the 2022-2023 school calendar year. Currently,
the Town of Vail submits an invoice to VMS based upon the hours the School Resource Officer
spends at the school. The Town of Vail separately compensates that officer for hours worked
exclusively for the Police Department.
March 15, 2022 - Page 74 of 216
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I T E M /T O P I C: Contract Award with E C O S Communications for the Welcome Centers Creative
I nterpretive Display I nstallation
B AC K G RO UND: The Vail Welcome Centers look to upgrade their current displays with new
creative and interpretive exhibits. Our Welcome Centers attract more than 158,000 guests annually
and are open 365 days a year for guests to relax and learn more about the town, Vail Mountain, and
surrounding areas.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into a contract with E C O S
Communications in a form approved by the Town Attorney in an amount not to exceed $200,000.
AT TAC H ME N TS:
Description
Memo
March 15, 2022 - Page 75 of 216
To: Town Council
From: Welcome Centers
Date: 03/15/2022
Subject: 2022 Welcome Centers Display Installation Contract Award
I. ITEM/TOPIC
Contract with ECOS Communications for Welcome Centers Creative Interpretive Display
Installation
II. ACTION REQUESTED OF COUNCIL
Direct the Town Manager to enter into a contract with ECOS Communications for a creative,
interpretive display installation in the Town of Vail Welcome Centers in the amount of $200,000
on a form approved by the town attorney.
III. BACKGROUND
The Vail Welcome Centers look to upgrade their current displays with new creative and
interpretive exhibits. Our Welcome Centers attract more than 158,000 guests annually and are
open 365 days a year for guests to relax and learn more about the town, Vail Mountain, and
surrounding areas.
IV. STAFF RECOMMENDATION
Approve the contract with ECOS Communications for the Welcome Centers Creative
Interpretive Display Installation.
March 15, 2022 - Page 76 of 216
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: V V F presentation on Gerald R. Ford Amphitheater Capital Upgrade and
E xpansion
P RE S E NT E R(S ): Mike I mhof, Vail Valley F oundation
AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and provide feedback on steps
moving forward.
B AC K G RO UND: The G R FA has gone through several major capital improvement projects
since 1987. This presentation is the current vision the V V F would like to share with the Town
Council.
AT TAC H ME N TS:
Description
Presentation
March 15, 2022 - Page 77 of 216
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 9 49-0257 F.(970)949-1080 www.zehren.comPO B ox 1976,Avon, Colorado
Z E H R E N
CAPITAL IMPROVEMENTS CAMPAIGN
CONCEPTUAL DESIGN & RENDERINGS
MARCH 15, 2022
March 15, 2022 - Page 78 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 2
EXISTING SITE PLAN AND AREAS
Gerald R Ford Amphitheater
2022 Capital Campaign
Program Areas Zehren and Associates
1/31/2022
Existing Option 1 Option 2
Women's Restroom East Restrooms 465 465 465
Men's Restroom East Restrooms 347 347 347
Building Subtotal East Restrooms 812 812 812
Landscape Shed/ Golf Cart Storage Landscape Shed 0 400 400 New building, northeas
Building Subtotal Landscape Shed 0 400 400
Concession Service East Concessions 197 282 282
Concession Kitchen/Storage East Concessions 119 167 167
Loading Dock East Concessions 857 857 857
Mechanical Room?East Concessions 336 336 336 Does not show on plan
Storage East Concessions 0 222 222 New component along
Building Subtotal East Concessions 1509 1864 1864
Orchestra Pit Basement 939 939 939
Band Dressing Room Basement 1745 1745 1745
Electrical Equipment 001 Basement 159 159 159
Electrical Equipment 002 Basement 163 163 163
Electrical Equipment 003 Basement 118 118 118
Storage Basement 133 133 133 Previous Zehren projec
Ramp Basement 169 169 169
Building Subtotal Basement 3426 3426 3426
Green Room 101 Box Office 796 796 796
Side Stage 111 Box Office 329 329 329
Office 108 Box Office 74 74 74
Women's Restroom 107 Box Office 148 148 148
Men's Restroom 106 Box Office 144 144 144
Corridor 118 Box Office 203 185 185
Dressing 102 Box Office 197 132 132
Dressing 103 Box Office 133 126 126
Dressing 104 Box Office 220 208 208
Dressing 105 Box Office 180 131 131
Storage‐IT 120 / Office 120 Box Office 97 144 144 120 becomes office in n
Office 119 Box Office 123 110 110
Mechanical 121 Box Office 57 57 57
Utility 117 Box Office 26 26 26
Office 116 Box Office 104 104 104
Unisex Toilet 115 Box Office 66 66 66
Box Office Box Office 139 57 57
Box Office Corridor Box Office 323 378 378
Men's Restroom 114 Box Office 436 436 436
Women's Restroom 113 Box Office 1237 1237 1237
Mechanical 109 Box Office 64 64 64
Janitor Box Office 40 40 40
Box Office Expansion Box Office 0 301 301
New Office Box Office 0 78 78
New Office (or Storage)Box Office 0 280 280
Laundry Box Office 0 110 110
Performer Lounge Box Office 0 261 261
Performer Showers Box Office 0 173 173
Men's Public Restroom Box Office 0 205 205 Public access to Ford P
Women's Public Restroom Box Office 0 304 304 Public access to Ford P
Building Subtotal Box Office 5136 6704 6704
Concession Service North Concessions 522 522 522
Concession Kitchen/Office North Concessions 367 436 436
Storage North Concessions 0 0 969 Downstairs, excavated
Merchandise North Concessions 0 178 178 Existing merch is exteri
Studio Space North Concessions 0 1629 1629 Multi‐function space da
Lobby North Concessions 0 567 567
Storage North Concessions 0 154 154 Upstairs behind elevato
Vertical Circulation ‐ lower North Concessions 0 245 245
Vertical Circulation ‐ upper North Concessions 0 316 316 Includes eddy space be
Building Subtotal North Concessions 889 4047 5016
Concession Service South Concession 451 593 593
Concession Kitchen/Storage South Concession 448 448 448
Concession Service (C02)South Concession 110 110 110
Restrooms South Concession 119 119 119
Offices South Concession 0 593 593
Dry Storage South Concession 0 450 450 For Concessions below
Corridor South Concession 0 45 45
Vertical Circulation ‐ lower South Concession 0 147 147
Vertical Circulation ‐ upper South Concession 0 113 113
Building Subtotal South Concession 1128 2618 2618
FACILITY TOTAL 12,900 19,871 20,840
Floor Area (SF)Program Category Building
NORTH CONCESSIONS
EAST RESTROOM
EAST CONCESSIONS
BOX OFFICE
SOUTH CONCESSIONS
EAST ENTRANCE
STAGE/
BASEMENT
BELOW
COVERED
SEATING
LAWN SEATING
LOADING DOCK
MAIN
ENTRANCE/
“SOCIAL
COURTYARD
BETTY FORD WAY
BETTY FORD
ALPINE GARDENS
AREA COMPARISON
LEASE BOUNDARY
March 15, 2022 - Page 79 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 3
PROPOSED SITE PLAN AND AREAS
OPTION 1
Gerald R Ford Amphitheater
2022 Capital Campaign
Program Areas Zehren and Associates
1/31/2022
Existing Option 1 Option 2
Women's Restroom East Restrooms 465 465 465
Men's Restroom East Restrooms 347 347 347
Building Subtotal East Restrooms 812 812 812
Landscape Shed/ Golf Cart Storage Landscape Shed 0 400 400 New building, northeas
Building Subtotal Landscape Shed 0 400 400
Concession Service East Concessions 197 282 282
Concession Kitchen/Storage East Concessions 119 167 167
Loading Dock East Concessions 857 857 857
Mechanical Room?East Concessions 336 336 336 Does not show on plan
Storage East Concessions 0 222 222 New component along
Building Subtotal East Concessions 1509 1864 1864
Orchestra Pit Basement 939 939 939
Band Dressing Room Basement 1745 1745 1745
Electrical Equipment 001 Basement 159 159 159
Electrical Equipment 002 Basement 163 163 163
Electrical Equipment 003 Basement 118 118 118
Storage Basement 133 133 133 Previous Zehren projec
Ramp Basement 169 169 169
Building Subtotal Basement 3426 3426 3426
Green Room 101 Box Office 796 796 796
Side Stage 111 Box Office 329 329 329
Office 108 Box Office 74 74 74
Women's Restroom 107 Box Office 148 148 148
Men's Restroom 106 Box Office 144 144 144
Corridor 118 Box Office 203 185 185
Dressing 102 Box Office 197 132 132
Dressing 103 Box Office 133 126 126
Dressing 104 Box Office 220 208 208
Dressing 105 Box Office 180 131 131
Storage‐IT 120 / Office 120 Box Office 97 144 144 120 becomes office in n
Office 119 Box Office 123 110 110
Mechanical 121 Box Office 57 57 57
Utility 117 Box Office 26 26 26
Office 116 Box Office 104 104 104
Unisex Toilet 115 Box Office 66 66 66
Box Office Box Office 139 57 57
Box Office Corridor Box Office 323 378 378
Men's Restroom 114 Box Office 436 436 436
Women's Restroom 113 Box Office 1237 1237 1237
Mechanical 109 Box Office 64 64 64
Janitor Box Office 40 40 40
Box Office Expansion Box Office 0 301 301
New Office Box Office 0 78 78
New Office (or Storage)Box Office 0 280 280
Laundry Box Office 0 110 110
Performer Lounge Box Office 0 261 261
Performer Showers Box Office 0 173 173
Men's Public Restroom Box Office 0 205 205 Public access to Ford P
Women's Public Restroom Box Office 0 304 304 Public access to Ford P
Building Subtotal Box Office 5136 6704 6704
Concession Service North Concessions 522 522 522
Concession Kitchen/Office North Concessions 367 436 436
Storage North Concessions 0 0 969 Downstairs, excavated
Merchandise North Concessions 0 178 178 Existing merch is exteri
Studio Space North Concessions 0 1629 1629 Multi‐function space da
Lobby North Concessions 0 567 567
Storage North Concessions 0 154 154 Upstairs behind elevato
Vertical Circulation ‐ lower North Concessions 0 245 245
Vertical Circulation ‐ upper North Concessions 0 316 316 Includes eddy space be
Building Subtotal North Concessions 889 4047 5016
Concession Service South Concession 451 593 593
Concession Kitchen/Storage South Concession 448 448 448
Concession Service (C02)South Concession 110 110 110
Restrooms South Concession 119 119 119
Offices South Concession 0 593 593
Dry Storage South Concession 0 450 450 For Concessions below
Corridor South Concession 0 45 45
Vertical Circulation ‐ lower South Concession 0 147 147
Vertical Circulation ‐ upper South Concession 0 113 113
Building Subtotal South Concession 1128 2618 2618
FACILITY TOTAL 12,900 19,871 20,840
Floor Area (SF)Program Category Building
EAST RESTROOM
EAST CONCESSIONS
BOX OFFICE
EAST ENTRANCE
STAGE/
BASEMENT
BELOW
COVERED
SEATING
LAWN SEATING
BETTY FORD WAY
BETTY FORD
ALPINE
GARDENS
NORTH CONCESSIONS
UPPER LEVEL
SOUTH CONCESSIONS
UPPER LEVEL
AREA COMPARISON
LEASE BOUNDARY
LANDSCAPE SHED
NORTH
CONCESSIONS
SOUTH
CONCESSIONS
LOADING DOCK
MAIN
ENTRANCE/
“SOCIAL
COURTYARD
March 15, 2022 - Page 80 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 4
PROPOSED SITE PLAN AND AREAS
OPTION 2
Gerald R Ford Amphitheater
2022 Capital Campaign
Program Areas Zehren and Associates
1/31/2022
Existing Option 1 Option 2
Women's Restroom East Restrooms 465 465 465
Men's Restroom East Restrooms 347 347 347
Building Subtotal East Restrooms 812 812 812
Landscape Shed/ Golf Cart Storage Landscape Shed 0 400 400 New building, northeas
Building Subtotal Landscape Shed 0 400 400
Concession Service East Concessions 197 282 282
Concession Kitchen/Storage East Concessions 119 167 167
Loading Dock East Concessions 857 857 857
Mechanical Room?East Concessions 336 336 336 Does not show on plan
Storage East Concessions 0 222 222 New component along
Building Subtotal East Concessions 1509 1864 1864
Orchestra Pit Basement 939 939 939
Band Dressing Room Basement 1745 1745 1745
Electrical Equipment 001 Basement 159 159 159
Electrical Equipment 002 Basement 163 163 163
Electrical Equipment 003 Basement 118 118 118
Storage Basement 133 133 133 Previous Zehren projec
Ramp Basement 169 169 169
Building Subtotal Basement 3426 3426 3426
Green Room 101 Box Office 796 796 796
Side Stage 111 Box Office 329 329 329
Office 108 Box Office 74 74 74
Women's Restroom 107 Box Office 148 148 148
Men's Restroom 106 Box Office 144 144 144
Corridor 118 Box Office 203 185 185
Dressing 102 Box Office 197 132 132
Dressing 103 Box Office 133 126 126
Dressing 104 Box Office 220 208 208
Dressing 105 Box Office 180 131 131
Storage‐IT 120 / Office 120 Box Office 97 144 144 120 becomes office in n
Office 119 Box Office 123 110 110
Mechanical 121 Box Office 57 57 57
Utility 117 Box Office 26 26 26
Office 116 Box Office 104 104 104
Unisex Toilet 115 Box Office 66 66 66
Box Office Box Office 139 57 57
Box Office Corridor Box Office 323 378 378
Men's Restroom 114 Box Office 436 436 436
Women's Restroom 113 Box Office 1237 1237 1237
Mechanical 109 Box Office 64 64 64
Janitor Box Office 40 40 40
Box Office Expansion Box Office 0 301 301
New Office Box Office 0 78 78
New Office (or Storage)Box Office 0 280 280
Laundry Box Office 0 110 110
Performer Lounge Box Office 0 261 261
Performer Showers Box Office 0 173 173
Men's Public Restroom Box Office 0 205 205 Public access to Ford P
Women's Public Restroom Box Office 0 304 304 Public access to Ford P
Building Subtotal Box Office 5136 6704 6704
Concession Service North Concessions 522 522 522
Concession Kitchen/Office North Concessions 367 436 436
Storage North Concessions 0 0 969 Downstairs, excavated
Merchandise North Concessions 0 178 178 Existing merch is exteri
Studio Space North Concessions 0 1629 1629 Multi‐function space da
Lobby North Concessions 0 567 567
Storage North Concessions 0 154 154 Upstairs behind elevato
Vertical Circulation ‐ lower North Concessions 0 245 245
Vertical Circulation ‐ upper North Concessions 0 316 316 Includes eddy space be
Building Subtotal North Concessions 889 4047 5016
Concession Service South Concession 451 593 593
Concession Kitchen/Storage South Concession 448 448 448
Concession Service (C02)South Concession 110 110 110
Restrooms South Concession 119 119 119
Offices South Concession 0 593 593
Dry Storage South Concession 0 450 450 For Concessions below
Corridor South Concession 0 45 45
Vertical Circulation ‐ lower South Concession 0 147 147
Vertical Circulation ‐ upper South Concession 0 113 113
Building Subtotal South Concession 1128 2618 2618
FACILITY TOTAL 12,900 19,871 20,840
Floor Area (SF)Program Category BuildingNORTH
CONCESSIONS
EAST RESTROOM
EAST CONCESSIONSSOUTH
CONCESSIONS
EAST ENTRANCE
STAGE/
BASEMENT
BELOW
COVERED
SEATING
LAWN SEATING
LOADING DOCK
BETTY FORD WAY
BETTY FORD
ALPINE
GARDENS
NORTH CONCESSIONS
UPPER LEVEL
AREA COMPARISON
LEASE BOUNDARY
LANDSCAPE SHED
BOX OFFICE
SOUTH CONCESSIONS
UPPER LEVEL
MAIN
ENTRANCE/
“SOCIAL
COURTYARD
March 15, 2022 - Page 81 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 5
EXISTING AERIAL VIEW
March 15, 2022 - Page 82 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 6
PROPOSED AERIAL VIEW
BOX OFFICE ADDITION
BOX OFFICE
ADDITION
March 15, 2022 - Page 83 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 7
PROPOSED AERIAL VIEW
SOUTH CONCESSIONS ADDITION
SOUTH CONCESSIONS
ADDITION
March 15, 2022 - Page 84 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 8
PROPOSED AERIAL VIEW
NORTH CONCESSIONS / STUDIO ADDITION
NORTH CONCESSIONS/
STUDIO ADDITION
March 15, 2022 - Page 85 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 9
PROPOSED AERIAL VIEW
EAST CONCESSIONS ADDITIONS
EAST CONCESSIONS
ADDITION
March 15, 2022 - Page 86 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 12
ENLARGED PERSPECTIVE VIEW
BOX OFFICE ADDITION
EXISTING VIEW FROM “SOCIAL COURTYARD”
KEY PLAN
March 15, 2022 - Page 87 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 13
ENLARGED PERSPECTIVE VIEW
BOX OFFICE ADDITION
PROPOSED VIEW FROM “SOCIAL COURTYARD”
KEY PLAN
March 15, 2022 - Page 88 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 14
ENLARGED PERSPECTIVE VIEW
BOX OFFICE ADDITION
EXISTING VIEW FROM BETTY FORD WAY
KEY PLAN
March 15, 2022 - Page 89 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 15
ENLARGED PERSPECTIVE VIEW
BOX OFFICE ADDITION
PROPOSED VIEW BETTY FORD WAY
KEY PLAN
March 15, 2022 - Page 90 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 17
ENLARGED PERSPECTIVE VIEW
SOUTH CONCESSIONS ADDITION
EXISTING VIEW FROM “SOCIAL COURTYARD”
KEY PLAN
March 15, 2022 - Page 91 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 18
ENLARGED PERSPECTIVE VIEW
SOUTH CONCESSIONS ADDITION
PROPOSED VIEW FROM “SOCIAL COURTYARD”
KEY PLAN
March 15, 2022 - Page 92 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 19
ENLARGED PERSPECTIVE VIEW
SOUTH CONCESSIONS ADDITION
EXISTING VIEW FROM NORTHEAST
KEY PLAN
March 15, 2022 - Page 93 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 20
ENLARGED PERSPECTIVE VIEW
SOUTH CONCESSIONS ADDITION
PROPOSED VIEW FROM NORTHEAST
KEY PLAN
March 15, 2022 - Page 94 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 23
ENLARGED PERSPECTIVE VIEW
NORTH CONCESSIONS/ STUDIO ADDITION
EXISTING VIEW FROM SOUTHWEST
KEY PLAN
March 15, 2022 - Page 95 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 24
ENLARGED PERSPECTIVE VIEW
NORTH CONCESSIONS/ STUDIO ADDITION
PROPOSED VIEW FROM SOUTHWEST
KEY PLAN
March 15, 2022 - Page 96 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 25
ENLARGED PERSPECTIVE VIEW
NORTH CONCESSIONS/ STUDIO ADDITION
PROPOSED VIEW FROM SOUTHWEST
WITH CANOPY
KEY PLAN
March 15, 2022 - Page 97 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 26
ENLARGED PERSPECTIVE VIEW
NORTH CONCESSIONS/ STUDIO ADDITION
EXISTING AERIAL VIEW
KEY PLAN
March 15, 2022 - Page 98 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 27
ENLARGED PERSPECTIVE VIEW
NORTH CONCESSIONS/ STUDIO ADDITION
PROPOSED AERIAL VIEW
KEY PLAN
March 15, 2022 - Page 99 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 28
ENLARGED PERSPECTIVE VIEW
NORTH CONCESSIONS/ STUDIO ADDITION
PROPOSED AERIAL VIEW
WITH CANOPY
KEY PLAN
March 15, 2022 - Page 100 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 30
ENLARGED PERSPECTIVE VIEW
EAST CONCESSIONS ADDITION
EXISTING VIEW FROM QUEUEING AREA
KEY PLAN
March 15, 2022 - Page 101 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 31
ENLARGED PERSPECTIVE VIEW
EAST CONCESSIONS ADDITION
PROPOSED VIEW FROM QUEUEING AREA
KEY PLAN
March 15, 2022 - Page 102 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 Pg. 32
ENLARGED PERSPECTIVE VIEW
SOLAR PANEL ADDITION
PROPOSED VIEW LAWN SEATING
March 15, 2022 - Page 103 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
February 15, 2022
SEATING & RAILING STUDY - OPTION 1
(970) 845-8497
530 S. Frontage Rd.
Vail, Colorado WO
M
E
N
'
S
R
E
S
T
R
O
O
M
E
0
2
E
0
1
E
0
2
D
F
D
F
D
F
RA
M
P
+ 9
6
'
-
6
"
+ 9
6
'
-
0
"
+ 9
5
'
-
6
"
+ 9
5
'
-
0
"
+ 9
4
'
-
6
"
+ 9
4
'
-
0
"
+ 9
3
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-
6
"
+ 9
3
'
-
0
"
+ 9
2
'
-
6
"
+ 9
2
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-
0
"
± 9
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-
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"
(V.I
.
F
.
)
+ 9
7
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-
0
"
+ 9
8
'
-
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"
+ 9
9
'
-
0
"
+ 9
9
'
-
6
"
± 91'-
6"(V.I.F.)
+ 92'-
0"
+ 92'-
6"
+ 93'-
0"
+ 93'-
6"
+ 94'-
0"
+ 94'-
6"
+ 95'-
0"
+ 95'-
6"
+ 96'-
0"
+ 96'-
6"
+ 97'-
0"
+ 97'-
6"
+
9
8'-
0"
+ 98'-
6"
+ 99'-
0"
+ 99'-
6"RAMP25'-834"23'-1"25'-83
4"3'
-
4
"3'-4"23'-1"52'-534"54'-9 1 2 "54'-91
2"57'-514"4'-0
3 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4"
Section 1 Section 2 Sectioon 3 Section 4
Existing Rows Regular & Accessible Regular Regular Regular & Accessible
A 11 13 13 11
B 12 14 14 12
C 13 15 15 13
D 14 16 16 14
E 15 17 17 15
F 15 18 18 15
G 16 19 18 16
H 17 20 19 17
I 18 20 20 18
J 18 21 21 19
K 21 21 22 20
L 18 22 22 21
M 23 22 22 22
N 24 24 22 22
O 25 23 22 17
P 27 24 23 16
Q 25 16 22
R 26 8
Seats to be removed:-21 -22
Seats to be Added:5 4 8 14
Total:292 343 314 304
Total Proposed Seats:1253
Total Existing Seats:1265
Included in Total:
Total Accessible:35
STAGE
Scale: 1/8” = 1’
0 8’4’16’
North
Roof Support Column
Proposed Handrails
Roof Support Column
Lawn
Plaza SECTIO
N
3
S
E
C
T
I
O
N
4
SECTION
2
SECTION 1East Concessions
East Restrooms
KEY:
6’ Aisle centered on roof support column
Existing ~6’ Aisle
Proposed seat to be removed (43)
Proposed seat to be added (31)
Proposed handrail
TOTAL SEATS: 1253
TOTAL ACCESSIBLE: 35
March 15, 2022 - Page 104 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
February 15, 2022
SEATING & RAILING STUDY - OPTION 2A WO
M
E
N
'
S
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+ 9
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-
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+ 9
8
'
-
0
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+ 9
9
'
-
0
"
+ 9
9
'
-
6
"
± 91'-
6"(V.I.F.)
+ 92'-
0"
+ 92'-
6"
+ 93'-
0"
+ 93'-
6"
+ 94'-
0"
+ 94'-
6"
+ 95'-
0"
+ 95'-
6"
+ 96'-
0"
+ 96'-
6"
+ 97'-
0"
+ 97'-
6"
+
9
8'-
0"
+ 98'-
6"
+ 99'-
0"
+ 99'-
6"RAMP7'-6
3 4 "3'-4 1 2 "3'-7 1 2 "4'-0
3 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "8'-6
1
2"
4'-
1
1
"
3'-4
1
4"
3'-4
1
2"
4'-0
3
4"
3'-
4
1
2"3'-4
1
2"3'-
4
1
2"3'-
4
1
2"3'-
4
1
2"3'-
4
1
2"3'-
4
1
2"3'-
4
1
2"3'-4
1
2"3'-
4
1
2"4'-
0
3
4"18'-618"20'-3116"21'-111516"23'-81316"25'-534"27'-258"28'-11916"30'-8716"32'-5516"34'-214"35'-1118"42'-5116"41'-012"41'-278"42'-111316"47'-10"18'-11 11 16 "
20'-8 5 8 "
22'-5 1 2 "
24'-2 7 16 "
25'-11 5 16 "
27'-8 3 16 "
29'-5 1 8 "
31'-2"
32'-10 15 16 "
34'-7 13 16 "
36'-4 11 16 "
38'-1 5 8 "
39'-10 1 2 "
41'-7 7 16 "
43'-4 5 16 "
42'-10 1 4 "
44'-7 1 8 "
46'-4 1 16 "
18'-1111
16"
20'-85
8"
22'-51
2"
24'-27
16"
25'-115
16"
27'-83
16"
29'-51
8"
31'-2"
32'-1015
16"
34'-713
16"
36'-411
16"
38'-15
8"
39'-101
2"
41'-77
16"
43'-45
16"
42'-915
16"15'-79
16"
15'-79
16"
15'-13
8"
1
8
'
-
6
1
8"2
0
'
-
3
1
16"2
1
'
-
1
1
151
6
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3
'
-
8
1316"25'-534"27'-258"
2
8
'
-
1
1
12"30'-8716"3
2
'
-
5
516"34'-214"35'-1118"37'-8"3
9
'
-
4
1516"
4
1
'
-
1
1316"
3
9
'
-
7
3
4"25'-81
5
16"3
7
'
-
1
0
34"
Section 1:Section 2:Section 3:Section 4:
Length (FT) IN Width (FT) IN # of 20" Seats Length (FT) IN Width (FT) IN # of 20" Seats Length (FT) IN Width (FT) IN # of 20" Seats Length (FT) IN Width (FT) IN # of 20" Seats
A (18.5') 222"(4') 48"11 A (18.92') 227"(4') 48"11 A (18.92') 227"(4') 48"11 A (18.5') 222"(4') 48"11
B (20.25') 243" (3.33') 39"12 B (20.67') 248" (3.33') 39"12 B (20.67') 248" (3.33') 39"12 B (20.25') 243" (3.33') 39"12
C (22') 263"(3.33') 39"13 C (22.42') 269" (3.33') 39"13 C (22.42') 269" (3.33') 39"13 C (22') 263"(3.33') 39"13
D (23.67') 284" (3.33') 39"14 D (24.17') 290" (3.33') 39"14 D (24.17') 290" (3.33') 39"14 D (23.67') 284" (3.33') 39"14
E (25.42') 305" (3.33') 39"15 E (25.92') 311" (3.33') 39"15 E (25.92') 311" (3.33') 39"15 E (25.42') 305" (3.33') 39"15
F (27.17') 326" (3.33') 39"16 F (27.67') 332" (3.33') 39"16 F (27.67') 332" (3.33') 39"16 F (27.17') 326" (3.33') 39"16
G (28.92') 347" (3.33') 39"17 G (29.42') 353" (3.33') 39"17 G (29.42') 353" (3.33') 39"17 G (28.92') 347" (3.33') 39"17
H (30.67') 368" (3.33') 39"18 H (31.17') 374" (3.33') 39"18 H (31.17') 374"(3.33') 39"18 H (30.67') 368" (3.33') 39"18
I (32.42') 389" (3.33') 39"19 I (32.92') 393" (3.33') 39"19 I (32.92') 393" (3.33') 39"19 I (32.42') 389" (3.33') 39"19
J (34.17') 410" (3.33') 39"20 J (34.58') 414" (3.33') 39"20 J (34.58') 414" (3.33') 39"20 J (34.17') 410" (3.33') 39"20
K (35.92') 431" (3.33') 39"21 K (36.33') 435" (3.33') 39"21 K (36.33') 435" (3.33') 39"21 K (35.92') 431" (3.33') 39"21
L (42.08') 504" (8.5') 102"10 L (38.08') 456" (3.33') 39"22 L (38.08') 456" (3.33') 39"22 L (37.67') 452" (3.33') 39"22
M (41') 492"(4.92') 59"24 M (39.83') 477" (3.33') 39"23 M (39.83') 477" (3.33') 39"23 M (39.42') 471" (3.33') 39"23
N (41.25') 494" (3.33') 39"24 N (41.58') 498" (3.33') 39"24 N (41.58') 498" (3.33') 39"24 N (41.08') 492" (3.33') 39"24
O (42.92') 515" (3.33') 39"25 O (43.33') 519" (3.33') 39"25 O (43.33') 519" (3.33') 39"25 O (39.58') 474" (7.5') 90"10
P (47.83') 573"(4') 48"28 P (42.83') 513" (3.33') 39"25 P (42.83') 513" (3.33') 39"25 P (25.75') 309" (3.33') 39"15
Q (44.58') 534" (3.33') 39"26 Q1 (15.08') 180" (3.33') 39"9 Q (37.83') 453" (3.58') 42"22
Wheelchair Spots:8 R (46.33') 555" (3.33') 39"27 Q2 (15.58') 186" (3.33') 39"9
R (15.58') 186" (3.33') 39"9 Wheelchair Spots:8
Total:287 Total:348 Total:322 Total:292
Scale: 1/8” = 1’
0 8’4’16’
North
KEY:
Proposed 6’ Aisle
Proposed handrails
STAGE
Roof Support Column
Proposed Handrails
Roof Support Column
Lawn
Plaza SECTIO
N
3
S
E
C
T
I
O
N
4
SECTION
2
SECTION 1East Concessions
East Restrooms
Main Walkway
SUMMARY:
All New Seats:
Performance Auditorium - 20” width
Section 1: 287
Section 2: 348
Section 3: 322
Section 4: 292
Total New Seats: 1249
Total: 1265
Total Accessible: 36 (included in total)
March 15, 2022 - Page 105 of 216
GERALD R. FORD AMPHITHEATER ARCHITECTURE
PLANNING
INTERIORS
LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
February 15, 2022
SEATING & RAILING STUDY - OPTION 2B WO
M
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N
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S
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S
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4
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"
+ 9
4
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+ 9
3
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-
6
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+ 9
3
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-
0
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+ 9
2
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-
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+ 9
2
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-
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(V.I
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+ 9
7
'
-
0
"
+ 9
8
'
-
0
"
+ 9
9
'
-
0
"
+ 9
9
'
-
6
"
± 91'-
6"(V.I.F.)
+ 92'-
0"
+ 92'-
6"
+ 93'-
0"
+ 93'-
6"
+ 94'-
0"
+ 94'-
6"
+ 95'-
0"
+ 95'-
6"
+ 96'-
0"
+ 96'-
6"
+ 97'-
0"
+ 97'-
6"
+
9
8'-
0"
+ 98'-
6"
+ 99'-
0"
+ 99'-
6"RAMP7'-6
3 4 "3'-4 1 2 "3'-7
1 2 "4'-0
3 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4 1 4 "3'-4
1 4 "3'-4 1 4 "8'-
6
1
2"
4'-
1
1
"
3'-
4
1
4"
3'-
4
1
2"
4'-
0
3
4"
3'-4
1
2"3'-
4
1
2"3'-4
1
2"3'-
4
1
2"3'-
4
1
2"3'-4
1
2"3'-
4
1
2"3'-4
1
2"3'-4
1
2"3'-
4
1
2"4'-0
3
4"18'-618"20'-3116"21'-111516"23'-81316"25'-534"27'-258"28'-11916"30'-8716"32'-5516"34'-214"35'-1118"42'-5116"41'-012"41'-278"42'-111316"47'-10"18'-11 11 16 "
20'-8 5 8 "
22'-5 1 2 "
24'-2 7 16 "
25'-11 5 16 "
27'-8 3 16 "
29'-5 1 8 "
31'-2"
32'-10 15 16 "
34'-7 13 16 "
36'-4 11 16 "
38'-1 5 8 "
39'-10 1 2 "
41'-7 7 16 "
43'-4 5 16 "
42'-10 1 4 "
44'-7 1 8 "
46'-4 1 16 "
18'-1111
16"
20'-85
8"
22'-51
2"
24'-27
16"
25'-115
16"
27'-83
16"
29'-51
8"
31'-2"
32'-1015
16"
34'-713
16"
36'-411
16"
38'-15
8"
39'-101
2"
41'-77
16"
43'-45
16"
42'-915
16"15'-79
16"
15'-79
16"
15'-13
8"
2
6
'
-
8
38"28'-531
6
"30'-2"31'-10131
6
"3
3
'
-
7
5
8"
3
5
'
-
4
3
8"37'-1316"38'-10"4
0
'
-
6
131
6
"42'-358"44'-038"45'-931
6
"47'-6"49'-21316"3
9
'
-
7
3
4"25'-81
5
16"3
7
'
-
1
0
34"
8'
-
0
1
2"5'-09
16"5'-0916"
5'
-
0
9
1
6
"5'-0916"Section 1:Section 2:Section 3:Section 4:
Length (FT) IN Width (FT) IN # of 20" Seats Length (FT) IN Width (FT) IN # of 20" Seats Length (FT) IN Width (FT) IN # of 20" Seats Length (FT) IN Width (FT) IN # of 20" Seats
A (18.5') 222"(4') 48"11 A (18.92') 227"(4') 48"11 A (18.92') 227"(4') 48"11 A (26.67') 320"(4') 48"16
B (20.25') 243" (3.33') 39"12 B (20.67') 248" (3.33') 39"12 B (20.67') 248" (3.33') 39"12 B (28.42') 341" (3.33') 39"17
C (22') 263"(3.33') 39"13 C (22.42') 269" (3.33') 39"13 C (22.42') 269" (3.33') 39"13 C (30.17') 362" (3.33') 39"18
D (23.67') 284" (3.33') 39"14 D (24.17') 290" (3.33') 39"14 D (24.17') 290" (3.33') 39"14 D (31.83') 381" (3.33') 39"19
E (25.42') 305" (3.33') 39"15 E (25.92') 311" (3.33') 39"15 E (25.92') 311" (3.33') 39"15 E (33.58') 402" (3.33') 39"20
F (27.17') 326" (3.33') 39"16 F (27.67') 332" (3.33') 39"16 F (27.67') 332" (3.33') 39"16 F (35.33') 423" (3.33') 39"21
G (28.92') 347" (3.33') 39"17 G (29.42') 353" (3.33') 39"17 G (29.42') 353" (3.33') 39"17 G (37.08') 444" (3.33') 39"22
H (30.67') 368" (3.33') 39"18 H (31.17') 374" (3.33') 39"18 H (31.17') 374"(3.33') 39"18 H (38.83') 465" (3.33') 39"23
I (32.42') 389" (3.33') 39"19 I (32.92') 393" (3.33') 39"19 I (32.92') 393" (3.33') 39"19 I (40.5') 486" (3.33') 39"24
J (34.17') 410" (3.33') 39"20 J (34.58') 414" (3.33') 39"20 J (34.58') 414" (3.33') 39"20 J (42.25') 507" (3.33') 39"25
K (35.92') 431" (3.33') 39"21 K (36.33') 435" (3.33') 39"21 K (36.33') 435" (3.33') 39"21 K (44') 528"(3.33') 39"26
L (42.08') 504" (8.5') 102"10 L (38.08') 456" (3.33') 39"22 L (38.08') 456" (3.33') 39"22 L (45.75') 549" (3.33') 39"27
M (41') 492"(4.92') 59"24 M (39.83') 477" (3.33') 39"23 M (39.83') 477" (3.33') 39"23 M (47.5') 570" (3.33') 39"28
N (41.25') 494" (3.33') 39"24 N (41.58') 498" (3.33') 39"24 N (41.58') 498" (3.33') 39"24 N (49.17') 590" (3.33') 39"29
O (42.92') 515" (3.33') 39"25 O (43.33') 519" (3.33') 39"25 O (43.33') 519" (3.33') 39"25 O (39.58') 474" (7.5') 90"10
P (47.83') 573"(4') 48"28 P (42.83') 513" (3.33') 39"25 P (42.83') 513" (3.33') 39"25 O2 (5') 60"(3.33') 39"3
Q (44.58') 534" (3.33') 39"26 Q1 (15.08') 180" (3.33') 39"9 P (25.75') 309" (3.33') 39"15
Wheelchair Spots:8 R (46.33') 555" (3.33') 39"27 Q2 (15.58') 186" (3.33') 39"9 P2 (5') 60"(3.33') 39"3
R (15.58') 186" (3.33') 39"9 Q (37.83') 453" (3.58') 42"22
Q2 (5') 60"(3.33') 39"3
Total:287 Total:348 Total:322 R (5') 60"(3.33') 39"3
Wheelchair Spots:8
Total:374
Scale: 1/8” = 1’
0 8’4’16’
North
STAGE
Roof Support Column
Demo Existing
Plant Bed / New Aisle
New Seating Area
Proposed Handrails
Roof Support Column
Main Walkway
Lawn
Plaza SECTIO
N
3
S
E
C
T
I
O
N
4
SECTION
2
SECTION 1East Concessions
East Restrooms
KEY:
Proposed 6’ Aisle
Proposed handrails
SUMMARY:
All New Seats:
Performance Auditorium - 20” width
Section 1: 287
Section 2: 348
Section 3: 322
Section 4: 292
New Seating Area, Stage Right: 82 seats
Total New Seats: 1331
Total: 1347
Total Accessible: 36 (included in total)
March 15, 2022 - Page 106 of 216
THANK YOU!
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
March 15, 2022 - Page 107 of 216
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: Short-Term Rental S tudy - Part 3
P RE S E NT E R(S ): Alex J akubiec, Town of Vail Revenue Manager; Kathleen Halloran, Town of
Vail F inance Director; and Andrew Knudtsen, E conomic & Planning Systems I nc
AC T IO N RE Q UE S T E D O F C O UNC I L: Please provide feedback to staff regarding the third
phase of short-term rental study.
B AC K G RO UND: The purpose of this memorandum is to propose policy changes for
consideration based on the information gathered by R R C Associates and Economic & P lanning
S ystems I nc. (E P S) during their comprehensive study of the Vail short-term rental (S T R) market
and provide an opportunity for Council to consider future regulations of S T Rs.
S TAF F RE C O M M E ND AT IO N: Please provide feedback to staff regarding the third phase of
short-term rental study.
AT TAC H ME N TS:
Description
Short-Term Rental Study - Part 3
Short-Term Rental Study - Part 3 P P
public input
March 15, 2022 - Page 108 of 216
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: March 15, 2022
SUBJECT: Short-Term Rental Study
I. SUMMARY
The purpose of this memo is to propose policy change recommendations to the current short-
term rental ordinance based on the conclusion of data and analysis from the short-term rental
(STR) study presented at the January 17 and February 15, 2022, Vail Town Council Meetings.
Based on Council’s feedback at the last meeting, staff recommends considering the following
changes to the current ordinance.
II. BACKGROUND
Conclusions of the Short-Term Rental Study
Throughout the short-term rental study, a considerable amount of data and analysis was
presented on short-term rental activity in the Town of Vail. To summarize, the study reviewed
current regulations, real estate market impacts, peer community approaches to regulation, and
the granular location densities and inventory composition of the registered STR properties
throughout town.
Below is a summary of key findings from the study:
• 31% of residential parcels were registered as STRs (a total of 2,454 units)
• 18% of units in Zone 2 were registered as an STR in 2021 with new registrations in
Zone 2 occurring at a higher rate since January 2020 than in prior years
• 138 of the 410 properties sold (one-third) during 2021 were registered as an STR before
the sale, after the sale or both
• Vacant homes and those used for seasonal, recreational, or occasional uses represent
69% of the town’s housing stock according to census data; this did not change
significantly between 2010 and 2019
• Saturation of STRs in business license Zone 2 is significantly lower than the overall rate
of 32%. When adjusted for STRs located in developments with 24/7 onsite management,
the saturation rate is at or below 20% in these areas
March 15, 2022 - Page 109 of 216
• Data suggests that though the full-time resident population in Vail has increased, the
population of locals aged 18-34 has declined
• The number of owner-occupied housing units increased from 2010 to 2019, while the
number of long-term rentals decreased resulting in a net loss of 162 local occupied
rental housing units
III. DISCUSSION
Proposed Policy Recommendations
Violations
During the STR study presentation, Council has expressed concern over STR properties
impacting neighborhood character and community standards. It was questioned whether our
current STR enforcement structure is adequate to mitigate these problems. Currently, the town’s
STR violation structure has four levels of enforcement, with the fourth being a revocation of the
STR registration for two years. Staff recommends changing this policy by reducing the
maximum number of violations from four to three, increasing the fine amounts for each level,
and increasing the revocation period from two to three years.
Additionally, staff suggests imposing a significant fine of $2,650, the maximum jurisdictional
penalty, for any STR found operating without a valid registration. The purpose of this would be
to dissuade non-compliance from unregistered units.
Below is a summary of the recommended violation and fine structure:
Late Fees for Renewals:
Staff recommends a $250 late fee for renewals not submitted by the annual deadline of
February 28 to increase registration renewal compliance.
March 15, 2022 - Page 110 of 216
Tiered Registration Fees
As shown in the study, our current registration fees are lower than peer communities and are
well below the town’s administrative costs for STR enforcement. Additionally, the council has
expressed interest in mitigation fees to raise revenues for deed-restricted housing. Staff
recommends using a tiered fee structure based on impact levels and usage. The proposed
tiered structure is much less impactful to local residents who rent a portion of their
property while present or rent their entire home for 30-days or less per year.
• Base Fees to Cover Administrative Costs
• Mitigation Fees to Fund Local Housing Initiatives
Guests staying in STRs spend money in the local economy. This spending is primarily in the
retail, food and beverage, and recreation industries which supports jobs that do not pay enough
for employees to afford market rate housing in the town. The basis of this fee is therefore the
gap between what employees can afford and the cost to purchase a home in the Town of Vail.
The calculation also accounts for the possibility that a home used as an STR could be occupied
by a local resident, and the fee is further based on the difference between the impact of guest
spending in the local economy and the baseline impact of local resident spending.
Guest Spending and Job Generation
Guest spending was modeled on the average expenditure across all accommodation types, with
data inputs from the Vail Lodging Guest Survey averaged over the 2017 to 2019 time period
(RRC Associates). The survey data provides per unit expenditures by type; based on this data,
expenditures average $898 per unit per day, including $428 on food & beverage, $300 on
retail/shopping, and $170 on entertainment & recreation.
This spending is run through an economic impact model to determine the job generation
associated with guest expenditures. These jobs are then classified by occupation and wage to
determine how much these new employees can afford to pay for housing.
Fee Calculation
To calculate the fee, a four-step process is used:
Annual Estimated
Revenue
Fractional Managed by Owner $25 Per Owner $2,000
Fractional Managed by Front Desk $150 Per Unit $25,000
Owner Occupied, Primary Residence
30-Day Registration $25 $2,500
Owner Occupied, Primary Residence STR $150 $22,500
Non-Primary Residence STR $150 $300,000
$352,000
Base Fees (to cover Admin costs)
March 15, 2022 - Page 111 of 216
• Household Need– The number of households at or below 200 percent of AMI supported by
guest spending form the basis of the fee, as these represent employees needed in the
community who cannot otherwise afford housing.
• Occupancy Rate – An occupancy rate of 40.0 percent is applied to the housing demand,
based on the occupancy data for properties in Zone 1 and Zone 2 from 2016 through 2019
as well as 2021 (2020 was excluded, as Covid impacts made the data non-representative of
local conditions).
• Affordability Gap – The affordability gap per household and AMI range is calculated, and
the number of households in each AMI category (after accounting for the occupancy rate)
are multiplied by the gap per household to calculate the total affordability gap.
• Adjustment for Local Households – To isolate the impact of guest spending above the
impact of a local household, the gap associated with jobs generated by local household
spending is subtracted from the gap associated with guest spending, resulting in a net gap
per accommodation unit.
This fee is then adjusted to reflect a per-bedroom figure (rather than per unit). STRs in the Town
of Vail have an average of 2.8 bedrooms per unit. Based on this analysis, the maximum fee per
bedroom is $5,912, which represents the amount per bedroom, per year, that would mitigate the
full housing need generated by guest spending. As a policy mechanism, Council can apply a
mitigation rate to this fee (for example, mitigating 40% of the need would result in an annual fee
of $5,912 x 0.40 = $2,400 per bedroom). This is summarized in the table below.
Along with a tiered approach to flat-rate fees, staff recommends considering a lower per-
bedroom fee for owner-occupied primary homes and fractional owner registrations.
Description
Fee Per
Bedroom
Est. Annual
Revenue
Maximum Annual Fee $5,912 5,700 bedrooms
Mitigation Rate
15%$900 $5,130,000
20%$1,200 $6,840,000
25%$1,500 $8,550,000
30%$1,800 $10,260,000
35%$2,100 $11,970,000
40%$2,400 $13,680,000
45%$2,700 $15,390,000
50%$3,000 $17,100,000
Source: Economic & Planning Systems
March 15, 2022 - Page 112 of 216
Under this recommendation, potential annual revenue estimates are revised below to reflect the
460 STR units that would be eligible for a discounted rate.
The revenue generated by the mitigation fee could be allocated to the town’s Housing Fund for
investment in housing initiatives, developments and programs.
Registration Limits (“Caps”)
The town’s current short-term rental ordinance does not limit the number of registrations in any
area. Establishing a registration cap would limit new STR properties and mitigate impacts to the
long-term housing market. Staff recommends considering two different approaches toward
instituting a limit on STR registrations in outlying neighborhoods of the Town. Business license
“Zone 2” area includes several residential areas such as West Vail, East Vail, Sandstone, etc.
The below approaches consider the unique inventory and character of Vail as a resort
community.
Option 1:
In Zone 2, no more than 20% of units in a multi-unit building or complex governed by a common
HOA with 6 or more units may obtain an STR registration – unless the unit is a fractional
property or in a building with a 24/7 front desk present.
A. Full-time local residents may obtain an unlimited STR registration for rentals of individual
rooms or approved accessory housekeeping units located within their primary residence.
The primary resident/owner must be present during all rentals. This rule preserves the
ability of local residents to utilize STR activity to assist with the costs of homeownership.
B. Full-time local residents may obtain a limited 30-day STR registration for the rentals of
their entire property (host not present) when the unit is their primary residence only.
Description
Fee Per
Bedroom
Est. Annual
Revenue
Maximum Annual Fee $5,912 5,700 bedrooms with
460 at reduced rate
Mitigation Rate
15%$900 $4,852,000
20%$1,200 $6,454,000
25%$1,500 $8,056,000
30%$1,800 $9,658,000
35%$2,100 $11,260,000
40%$2,400 $12,862,000
45%$2,700 $14,464,000
50%$3,000 $16,066,000
March 15, 2022 - Page 113 of 216
This rule preserves the ability of local residents to utilize STR activity to assist with the
costs of homeownership.
C. Timeshare or fractional units and properties with 24/7 on-site managers shall be exempt
from the 20% limit outlined above. Staff suggests these properties are purpose-built for
STR usage and based on the STR study, do not impact the housing inventory in the
same manner as other properties.
D. Properties that obtained their registration on or prior to ordinance effective date may
renew their registration without limitation. These registrations must be continuously
maintained and renewed. If the registration lapses, the owner shall not be eligible to
register again unless and until total registrations are under the limit. Registration is non-
transferrable.
Option 2:
Rather than limiting registrations by building or development, limit the overall number of
registrations in Zone 2 (or in specific neighborhood areas) to their current level. Staff
recommends adopting this with the same exemptions listed above and one additional
exemption:
A. Beginning January 1st, 2025, units that have been owned continuously by the same
person or entity for a period of not less than 5 years immediately before the registration
application date, shall be exempted from the registration cap. Staff recommends this
exemption to reduce the potential undesirable side effect of second homes which may
remain vacant if not allowed to rent short-term. This would also curtail buyers only
interested in STR properties as a source of revenue. It would also limit new STRs to
owners which have been invested in the community and individual neighborhoods for a
significant period.
Health and Life Safety Standards
Staff recommends revisiting the current health and life safety standards required by the STR
ordinance. Currently, the town requires a self-compliance affidavit to be completed by the
homeowner or property manager attesting that their property or properties adhere to the items
listed on the affidavit including fire and building safety standards, community impacts like
parking and noise ordinance, and occupancy limits. Staff recommends considering the
following requirements to improve safety compliance and create some alignment with
requirements for commercial hotels and lodges:
• Fire Department Inspections
Town staff recommends requiring a periodic inspection of all short-term rental units not located
in buildings with on-site, 24/7 management. Staff recommends requiring proof of inspection
every three years as a condition of renewal of the STR registration and verification of the fire
and life-safety affidavit in intervening years. Any STR that is subject to a complaint of a violation
of the life-safety standards would be required to have a full inspection. This “standalone”
inspection would be in addition to the periodic three-year inspection required. This program
March 15, 2022 - Page 114 of 216
would require additional staff time and administration costs which could be covered by
increased STR registration fees. Staff estimates approximately half of all current STR
registrations would require an inspection under this rule.
Staff recommends requiring the following items in the proposed fire safety inspection:
• Address identification posted on the exterior of the building
• Fire Free Five (non-combustible zone around the house)
• Portable outdoor fireplaces are not present
• Inspection of outdoor heating/cooking appliances (location and use)
• Chimneys/flues have adequate clearance to trees. Wood burning fireplaces are provided
with a metal ash-can
• Emergency contact provided
• EC Alert information provided
• Address provided in the guest information packet
• Required fire extinguishers present/operable/serviced
• Major egress issues (i.e. bedroom in the basement without emergency escape)
• Required carbon monoxide detection present/operable
• Required smoke alarms present/operable
• Occupancy as per TOV ordinance
• Egress plan is provided and posted
• Clearance to electrical panels
• Readily apparent electrical hazards (e.g. improvised electrical, would not check the
operation of GFCI, AFCI, etc.)
• Readily apparent heating hazards (e.g. use of space heaters, would not conduct
operational check/inspection of boilers/heaters for hazards)
This policy is recommended to increase the health and life safety standards of these properties
and mitigate the risk of property damage.
• Require Proof of Adequate Insurance for Short-Term Rental Activity
As identified by the Rocky Mountain Insurance Information Institute and Insurance Information
Institute, standard homeowner’s insurance policies are generally inadequate on their own to
cover claims due to STR activity. This may negatively impact neighboring homes and units
which experience claims due to the activity. Some insurers will cover these claims when the
STR activity is very limited, generally one rental per year. Staff recommends requiring proof of
one of the following with a minimum $1.0 million coverage for all STRs except primary
residences rented for 30-days or less and fractional units:
o Commercial insurance policy coverage for STR activity
o Endorsement to a homeowner’s policy for coverage of STR activities
o Proof of other gap insurance policy for STR activities, excluding automatic
insurance provided by online STR rental platforms like Airbnb, VRBO,
etc…These policies are far less comprehensive than standard homeowner’s or
commercial insurance
March 15, 2022 - Page 115 of 216
• Update Short-Term Rental Occupancy Limits
During the presentation of the STR study, the council expressed concerns over the impacts
STRs have on neighborhood character, parking, and residents’ quiet enjoyment of their homes.
One option to address this which has been implemented in other communities is to reduce the
overall occupancy limit for STR properties. Current occupancy limits are 2 people per bedroom,
plus 2 per unit. Occupancy limits are currently enforced via monitoring of STR advertisements.
Update Current Local Representative Requirements
In the course of administering the current STR ordinance, staff has identified a minor adjustment
that will improve compliance rates. Staff recommends exempting fractional units and units with
24/7 onsite management (front desks) from being required to provide a local representative
contact. These units generate limited complaints to the town as issues are directed to onsite
management. Owners of these units are often second homeowners and finding a local
representative becomes an insurmountable hurdle to becoming registered. Removing this
requirement will encourage increased compliance rates.
IV. ACTION REQUESTED OF COUNCIL
Please provide feedback and direction to staff regarding these recommendations for policy
updates to the short-term rental ordinance.
1. Does the Council wish to increase fines and penalties for violations of the STR code?
Implement late fees for registration renewals?
2. Does the Council wish to increase fees?
a. To cover administrative costs and/or
b. To mitigate housing impacts
3. Does the Council wish to implement tiered fees and registrations with reduced rates for
primary residences occupied by local owners and fractional units?
4. Does the Council wish to implement a limit to the number of registrations in business
license Zone 2 or in more specific neighborhood areas? Is there a preference to the
method of limiting registrations i.e. Option 1 or 2?
5. Does the Council wish to update health and safety standard requirements for STRs?
a. Fire department inspections
b. Insurance requirements
c. Occupancy limits
6. Does the Council wish to remove local representative requirements for fractional units
and units with 24/7 onsite management?
March 15, 2022 - Page 116 of 216
SHORT-TERM RENTAL PROPOSED POLICY
RECOMMENDATIONS
March 15, 2022 - Page 117 of 216
1
Town of Vail | Finance | 3/15/2022
SHORT-TERM RENTAL POLICY CONSIDERATIONS
Violations and late fee
Base fee to cover administrative costs
Mitigation fee to address housing impacts
Caps / Limits
Health and Life Safety Inspections
March 15, 2022 - Page 118 of 216
2
Town of Vail | Finance | 3/15/2022
SHORT-TERM RENTAL ORDINANCE VIOLATIONS
Violations
–Increase fines for violations of the STR ordinance
–Increase revocation period from two to three years
–Decrease maximum number of violations from three to two per year
–Impose a significant fine for any property found operating without a registration
Suggested Fines Vs. Existing Fines
First Violation $1,500 $500
Second Violation $2,650 $1,500
Third Violation Registration Revoked for 3 Years $2,500
Fourth Violation N/A Registration Revoked for 2 Years
Fine for operating without an
approved STR registration, each
day is a separate violation
$2,650 Follows four-step fine structure
March 15, 2022 - Page 119 of 216
3
Town of Vail | Finance | 3/15/2022
BASE REGISTRATION FEES
Flat Rate Base Fee to Cover Town of Vail Administrative Costs -$352K
Lower fees for owner-occupied, primary residences which are rented
for 30 days or fewer per year; and fractional units, managed by the
owner and rented for 30 days or fewer per year.
March 15, 2022 - Page 120 of 216
4
Town of Vail | Finance | 3/15/2022
MITIGATION FEES
Per-Bedroom Fees to be used for local housing programs
(In addition to Base Fees)
–STR guest spending in Vail
generates a need for local jobs,
employees in those jobs will
struggle to afford housing
–The need for housing supports an
annual STR fee of up to $5,912 per
bedroom
March 15, 2022 - Page 121 of 216
5
Town of Vail | Finance | 3/15/2022
PER-BEDROOM FEE
Council can apply a mitigation rate to this maximum fee so that only a
portion of the need is addressed by STRs
Description
Full Fee per
Bedroom 15%20%25%30%35%40%45%50%
Maximum Annual Fee $5,912
Fee per Bedroom $900 $1,200 $1,500 $1,800 $2,100 $2,400 $2,700 $3,000
Source: Economic & Planning Systems
Mitigation Rate
March 15, 2022 - Page 122 of 216
6
Town of Vail | Finance | 3/15/2022
REGISTRATION LIMITS
Limit Density in Multi-Unit Buildings & Complexes in Zone 2
–Limit STR registrations to no more than 20% of units in a building or complex
governed by a common HOA with 6 or more units
Exempt:
•Fractional units and units with 24/7 front desk services
•Full-time local-residents if primary residence; 30 –day limit for host-
not-present rentals
•Exempt existing registrations and units bought prior to the effective date
of the ordinance
March 15, 2022 - Page 123 of 216
7
Town of Vail | Finance | 3/15/2022
REGISTRATION LIMITS
Limit Registrations in Zone 2 Unless Owned for 5 years or More
–Set the limit to existing level (no new registrations) with the same
exemptions as above and one additional;
–Beginning in 2025, exempt homeowners who have owned their unit
continuously for 5 years from the limit on registrations
March 15, 2022 - Page 124 of 216
8
Town of Vail | Finance | 3/15/2022
HEALTH AND LIFE SAFETY STANDARDS
Fire Department Inspections
–Require an in-person safety inspection every three years
–Exempt units with 24/7 onsite management and those in buildings
already inspected by the fire department for commercial purposes
–Most safety standards are already required by code
Proof of Adequate Insurance
–Require proof of insurance beyond a standard home-owners policy
Update Current Local Representative Requirements
–Exempt fractional units and 24/7 onsite managed units from the
requirement to increase compliance
March 15, 2022 - Page 125 of 216
9
Town of Vail | Finance | 3/15/2022
DISCUSSION AND NEXT STEPS
Discussion –Does Council Wish to Adopt the Following:
–Updates to violation structure & fines?
–Updates to registration fees?
•Recover admin costs
•Per-bedroom mitigation fees
–Registration limits?
–Fire department inspections?
–Insurance requirements?
–Update local representative requirements?
March 15, 2022 - Page 126 of 216
10
Town of Vail | Finance | 3/15/2022
NEXT STEPS
–Provide further analysis as requested by council
–Return to council with 1st reading of an ordinance
–Draft resolution for adoption of new fees
March 15, 2022 - Page 127 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Vail Town Council to Review Proposed Policy Changes to Short-Term Rental Regulations at March 15 Meeting
Date:Friday, March 11, 2022 4:30:46 PM
Attachments:image012.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Andrew Thompson <thompsoncharlesandrew@gmail.com>
Sent: Friday, March 11, 2022 4:30 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Re: Vail Town Council to Review Proposed Policy Changes to Short-Term Rental Regulations at March 15
Meeting
With respect, please do not in any way limit existing STR holders from indefinitely continuing to use their property for
STR purposes.
In buying a full time home in Vail in 2021, the ability to STR (even though we haven't yet had a guest) was crucial in
our decision.
Thank you for all of your time and efforts to make Vail a great place.
Andrew Thompson
515.975.4071
3090 Booth Falls Ct
Unit B
Vail, CO 81657
On Fri, Mar 11, 2022, 10:06 AM Town of Vail <info@info.vailgov.com> wrote:
Having trouble viewing this email? View it as a Web page.
March 15, 2022 - Page 128 of 216
Vail Town Council to Review Proposed Policy Changes to Short-Term Rental Regulations at
March 15 Meeting
The Vail Town Council will review a series of recommended changes to the town’s short-term rental regulations at its
meeting on Tuesday, March 15.
Post Date: 03/11/2022 6:00 AM
The Vail Town Council will review a series of recommended changes to the town’s short-term rental
regulations at its evening meeting on Tuesday, March 15. The discussion item is listed as 6.2 on the
meeting agenda which begins at 6 p.m. in the Vail Town Council Chambers. Opportunities for public
comment are available in advance of the meeting by
emailing publicinput.vailtowncouncil@vailgov.com or will be available in-person at the meeting or
virtually by registering at vailgov.com/town-council. The meeting will be live streamed by High Five
Access Media.
The town’s short-term rental regulations were adopted in 2017 and became effective March 1, 2018, and
currently require an annual registration fee of $150 for owners wishing to rent their property for 30 days
or less using Airbnb, VRBO or other listings. The regulations also address properties using onsite or
offsite professional property managers.
Recommended modifications to Vail’s short-term rental regulations have been developed based on
conclusions from a comprehensive study on short-term rental activity in Vail. The study, conducted by
Economic & Planning Systems, was presented to Town Council during two meetings earlier this year. It
analyzed current regulations, real estate market impacts, peer community approaches to regulation and
the composition of registered STR properties throughout town.
Proposed updates to the town’s existing STR regulations to be reviewed Tuesday include:
Increased fines for violations
Implementation of tiered registration fees - lower fees for owner-occupied, primary residences which are
rented for 30 days or fewer per year as well as fractional units managed by the owner and rented for 30
days or fewer per year; higher fees for unlimited number of rented days in fractional units managed by a
front desk and properties used as a non-primary residence
Enactment of per-bedroom mitigation fees to be applied toward deed-restricted housing
Limiting or capping STR registrations in outlying neighborhoods
Revising health and life safety standards to include proof of inspection every three years and adequate
insurance
During Tuesday’s meeting, Town Council will review the recommendations and listen to public
comment to help shape a future ordinance that will modify the existing STR regulations.
Review the staff memo outlining the recommendations here, or for questions, contact Finance Director
March 15, 2022 - Page 129 of 216
Kathleen Halloran at 970-479-2116 or khalloran@vailgov.com.
Click here for more information
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·Town of Vail, 75 South Frontage Road · Vail, CO 81657
March 15, 2022 - Page 130 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:Fwd: Letter to Council Re STR Study & Action Items
Date:Monday, March 14, 2022 9:00:08 PM
Attachments:Vail Point - Letter to Town Council 3-14-22.docx
Get Outlook for iOS
From: jjmyrick@concordeproduction.com <jjmyrick@concordeproduction.com>
Sent: Monday, March 14, 2022 4:20:48 PM
To: Council Dist List <TownCouncil@vailgov.com>; Jonathan Staufer <JStaufer@vailgov.com>; Kim
Langmaid <KLangmaid@vailgov.com>
Subject: Letter to Council Re STR Study & Action Items
March 14, 2022
The Honorable Mayor Langmaid and Council Members
Town of Vail
Vail, Colorado 81657
RE: Short-Term Rental Study and Action Items Memorandum
Dear Mayor Langmaid and Council Members,
We have reviewed the Short-Term Rental Study and proposed policy change
recommendations under consideration, and support your approval of the six action
items before the Council.
Although our complex, Vail Point Townhome Association on Lionsridge Loop, was not
calculated into the Zone 2 considerations, we have experienced a significant increase
in STR units in our complex. The last four unit sales within the complex are being
utilized as STRs. The impact on our community has been significant and we have
surpassed the 20% STR occupancy sited in the study.
We are in particular support of Action Items 4 and 5. Additionally, we would like to
see a timely response to the violations that are reported and enforcement of fines and
the fine structure. The code and safety concerns are of vital importance to our
community.
Thank you for your attention to these important issues before the Council.
Respectfully yours,
March 15, 2022 - Page 131 of 216
Jan Myrick, President
Board of Directors
Vail Point Townhome Association
March 15, 2022 - Page 132 of 216
March 14, 2022
The Honorable Mayor Langmaid and Council Members
Town of Vail
Vail, Colorado 81657
RE: Short-Term Rental Study and Action Items Memorandum
Dear Mayor Langmaid and Council Members,
We have reviewed the Short-Term Rental Study and proposed policy change recommendations
under consideration, and support your approval of the six action items before the Council.
Although our complex, Vail Point Townhome Association on Lionsridge Loop, was not calculated
into the Zone 2 considerations, we have experienced a significant increase in STR units in our
complex. The last four unit sales within the complex are being utilized as STRs. The impact on
our community has been significant and we have surpassed the 20% STR occupancy sited in the
study.
We are in particular support of Action Items 4 and 5. Additionally, we would like to see a timely
response to the violations that are reported and enforcement of fines and the fine structure.
The code and safety concerns are of vital importance to our community.
Thank you for your attention to these important issues before the Council.
Respectfully yours,
Jan Myrick, President
Board of Directors
Vail Point Townhome Association
March 15, 2022 - Page 133 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Short term rentals
Date:Tuesday, March 15, 2022 11:17:59 AM
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: Deena DiCorpo <ddicorpo@icloud.com>
Sent: Tuesday, March 15, 2022 11:12 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Short term rentals
Thank you for this opportunity to give input.
I have been a resident of Vail since 1980, and a property owner since 1988. I also own The Pet Boutique of Vail on
Gore Creek Drive.
I have read your studies and appreciate the opportunity for the town to increase income through fines etc. My
concern is that the mechanism for complaints hasn’t worked for me in the past. Over the holidays, when we were
getting the snow, I registered multiple complaints on unit 4 in our building, and none of them were addressed.
Supposedly, the system has been fixed, but personally, I have no trust in it. Also, there is no mechanism for the
condo association to get information on wether or not the unit has gotten fined for non compliance. We have no
way to find out if licenses have been approved, fines paid… you get the picture. The unit has been told they can
only rent to one entity, and only 8 people are allowed. Who is monitoring this? I know the unit has rented to 2
groups on at least one occasion, and had 10 people. Will you be addressing the monitoring issues?
The other problem is I would love to deed restrict my unit, but my understanding is that because short term rentals
are allowed in our building, I cannot. To me, this is another way to restrict long term rentals when all we do is
lament the lack of employee housing, and government in the town to fix it.
Finally, the nature of our building has changed. Instead of knowing everyone, every 2 or 3 days, there are new cars
and people who don’t care about my neighborhood or town.
Thank you again for taking my input.
Deena M. DiCorpo
President/Owner
March 15, 2022 - Page 134 of 216
Buffer Creek West Condo Association
1880 Meadow Ridge Road
March 15, 2022 - Page 135 of 216
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: Booth Creek Fuels Reduction Project NE PA Update
P RE S E NT E R(S ): P aul Cada W ildland Program Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and ask questions.
B AC K G RO UND: I n 2020 the Town of Vail signed a cooperative agreement with the US F S to
fund an environmental analysis for the B ooth Creek F uels Reduction P roject. To date, the Town of
Vail has spent approximately $120,000 for the environmental analysis. T he project is now in the
public comment phase.
S TAF F RE C O M M E ND AT IO N: A pprove comment letter supporting Booth Creek Fuels
Reduction P roject
AT TAC H ME N TS:
Description
Staff Memo Re Booth Creek N E PA
Booth Creek N E PA Presentation
Booth Creek Treatment Map
Draft Town Council N E PA Comment Letter
March 15, 2022 - Page 136 of 216
To: Town Council
From: Paul Cada, Wildland Program Manager
Date: March 7, 2022
Subject: Booth Creek Fuels Treatment Project Update
I. Purpose:
The purpose of this memo is to provide Council with an update on the Booth Creek Fuels
Treatment Project.
II. Background
In 2020 the Town entered into a cooperative agreement with the United States Forest Service
(USFS) to jointly study the environmental impacts of proposed fuels treatments in the Booth
Creek area of East Vail. This area was identified as a high priority treatment area in to 2020 Vail
Community Wildfire Protection Plan (CWPP).
The Town entered into a service agreement with the SE Group to assist the USFS in completing
a National Environmental Policy Act (NEPA) review of the project area. To date the SE Group
has completed field studies of the area as well as helped to develop a proposed action. As part
of the NEPA process the USFS is seeking public comment regarding the proposed action.
III. Current Situation
On March 4th, 2022 the White River National Forest released a notice of proposed action
(NOPA) for the Booth Creek Fuels Treatment Project
https://www.fs.usda.gov/project/?project=61657 . The NOPA provides a background on the
project, outlines proposed treatments, and identifies potential impacts of the proposed
treatments. The USFS is proposing to use a combination of mechanical treatments and
prescribed fire to achieve the project goals.
In developing the proposed action, the USFS consulted with the Vail Fire and Emergency
Services as well as the Environmental Sustainability department to ensure the proposed action
aligned with Town priorities. This project was designed to achieve the goals of the Vail CWPP.
The Booth Creek Fuels Treatment NOPA proposes the treatment of 3,059 acres of USFS
managed land in an area stretching from Red Sandstone Creek to the East Vail Water tanks
above Snowshoe Lane. Approximately 842 acres of the proposed project fall within the Eagles
Nest Wilderness in the Booth and Pitkin Creek areas. Approximately 580 acres of the proposed
project fall within the proposed CORE Act wilderness inclusion area. The project area map
included in Attachment A displays the various treatment types throughout the project area as
well as administrative boundaries such as the Eagle Nest Wilderness Boundary.
March 15, 2022 - Page 137 of 216
Town of Vail Page 2
The proposed treatment types have been utilized successfully on projects in the Vail Valley over
the past 20 years. These proven methods when fully implemented will measurably reduce
wildfire hazards in the project area and to the adjacent community.
The NOPA identifies specific impacts of the proposed action to air quality and climate, fire
management and fuels, forest health, botany, wildlife and fish, watershed and soils, wetlands,
scenery, recreation, land use, cultural, wilderness and Colorado roadless areas. The proposed
action may have short term impacts to all of these identified areas, but long term benefits will
outweigh the short term negatives. To reduce potential impacts the NOPA has identified Project
Design Criteria which follow USFS policy and best management practices.
The Wilderness Act of 1964 state that “Except as necessary to meet the minimum requirements
for the administration of the area for the purpose of this Act (including measures required in
emergencies involving the health and safety of persons within the area) there shall be no
temporary road, no use of motor vehicles, motorized equipment or motorboats, no landing of
aircraft, no other form of mechanical transport, and no structure or installation within any such
area.” The Act specifically permits mining on valid claims, access to private lands, fire control,
insect and disease control, grazing, water resource structures (upon the approval of the
President), and visitor use. Section 4(d)(1) states that “such measures may be taken as may be
necessary in the control of fire, insects, and diseases, subject to such conditions as the
Secretary deems desirable.”
Section 4(c) of the Wilderness Act directs federal agencies to take the minimum necessary
action for the administration of the area. To identify, analyze, and recommend management
actions that represent the minimum necessary federal agencies frequently use a tool called a
Minimum Requirements Decision Guide (MRDG) which aids managers in determining first if
action is necessary in wilderness and, if so, to identify the activities, methods or equipment that
best preserve wilderness character. The project area includes approximately 842 acres of USFS
lands located within the Eagles Nest Wilderness, so an MRDG was drafted to assist in the
development of the Proposed Action. The draft MRDG found that due to the boundary of the
Eagles Nest Wilderness near the Booth Creek and Pitkin Creek neighborhoods being between
250 and 500 feet from homes, it is necessary to take action to reduce hazardous fuels in
wilderness to reduce the risk of wildfire to private property. Broadcast burning is proposed
because this type of treatment best mimics the effects of natural fire on the landscape while still
reducing the amount of live, surface, and standing dead fuels to moderate fire behavior and
improve holding features and control lines should a wildfire occur in the future. Broadcast
burning minimizes impacts to wilderness character by eliminating the use of chainsaws or other
mechanized equipment to cut, pile and burn fuels. Due to the steep and rugged terrain,
broadcast burning would require both aircraft ignition (helicopters or Unmanned Aerial Systems)
and ground crews on foot to ignite and manage prescribed fire in the wilderness.
Approximately 338 acres of land has been identified for treatment in the proposed CORE Act
area. As of March 2022, the act is awaiting hearing from the Senate and has not been
approved. The Wilderness Act does not apply to areas proposed for wilderness designation in
pending legislation; therefore, these areas continue to be managed as designated by the Forest
Plan. Proposed treatments within these areas have been designed to provide flexibility for
implementation and to comply with the Wilderness Act should the CORE act be approved by
Congress during the planning timeframe of the project. Should the CORE Act not be approved
during the implementation timeframe of the project, hand treatments with chainsaws, and pile
burning would occur in Treatment Unit 108. Should the act be approved, hand treatment with
non-motorized equipment (crosscut saws or similar) and pile burning would occur.
March 15, 2022 - Page 138 of 216
Town of Vail Page 3
On March 4th, 2022 the USFS opened a 60 day public comment period for the proposed action.
They are actively seeking input and would like to hear from community members, local
governments, and other interested groups. An informational public meeting is schedule April
6th, 2022 from 5:00-7:00pm at the Grand View Community Space. Public comments must be
received by the close of the comment period to be considered in the USFS final decision.
Public comments may be submitted using the online comment form:
https://cara.fs2c.usda.gov/Public//CommentInput?project=61657
To assist community members with understanding the technical nature of the proposed actions
Vail Fire and Emergency Services has worked with the Town of Vail Communications
Department to develop project specific information. This information can be found at the
Engage Vail Site.
The NEPA analysis and final Record of Decision is the first step in implementing fuels reduction
work in the project area. In ideal conditions it is hoped that the USFS will complete the NEPA
process in 2022 opening the pathway for project layout to occur in 2023. It is anticipated that it
may take up to 10 years to complete all the work identified within proposed action. Broadcast
burning may begin as soon as 2023 and will likely be achieved through many small burns
carried out over the lifetime of the project. These burns will be very similar to the 2021 Booth
Creek Burn completed on the Town of Vail Parcel in Booth Creek. Burning will be dependent on
available weather windows and will be coordinated to reduce impacts to wildlife and the
community as much as practical. Mechanical treatments may begin as soon as project layout is
complete, and funding is secured. Treatments may occur simultaneously in various units and
completion will depend on access, operating windows, and resource availability.
IV. Staff Recommendation
Approved the attached comment letter to the USFS supporting the Booth Creek Fuels
Reduction Project.
V. Attachments
• Map of proposed treatment areas
• Draft Town Council NEPA comment letter
• Booth Creek project presentation
March 15, 2022 - Page 139 of 216
Booth Creek
Fuels Treatment
Project Update
Paul Cada-Wildland Program
Manager
March 15, 2022 - Page 140 of 216
Project Background
Town of Vail | www.vailgov.com/fire
•A modest sized project was initially proposed in 1996 as a habitat improvement
project for the East Vail Bighorn Sheep Herd
•USFS approved NEPA Environmental Analysis in 1996 however very little of the
project was implemented due to public concern
•The 2019 proposed develop of the Vail Resorts owned Booth Heights parcel spurred
concern over degradation of wildlife habitat and Town of Vail Staff engaged with
USFS staff to evaluate potential habitat improvement projects to mitigate habitat loss
•In 2020 Town Council adopted Vail’s first Community Wildfire Protection Plan (CWPP)
which identified the Booth Creek drainage and surrounding area as a high priority
treatment area for community protection from wildfire.
•Due to constraints of managing lands in federally designated wilderness the focus of
the project was turned from habit improvement to addressing the fuels concerns
identified in the CWPP
March 15, 2022 - Page 141 of 216
Project Background
Town of Vail | www.vailgov.com/fire
•In 2020 the Town entered into a cooperative agreement with the USFS to jointly
study environmental impacts of proposed treatments through the NEPA process. The
town has hired the SE Group to complete the NEPA analysis in cooperation with USFS
staff.
•On March 4th, 2022 The USFS released a Notice of Proposed Action for the Booth
Creek Fuels Treatment Project and opened a 60-day public comment period to gather
public comment on the proposed action.
•The Booth Creek Project area includes USFS lands stretching from the area above the
East Vail Water tanks to the Red Sandstone drainage including areas that are part of
the Eagles Nest Wilderness as well as some land included in the proposed CORE Act
wilderness expansion.
March 15, 2022 - Page 142 of 216
CWPP and Need for Treatment
Town of Vail |www.vailgov.com/fire
•Fire Season length and acres burned across Colorado continues to grow
•Identified a Wildland Urban Interface which extends 1.5 miles from Town and includes areas where wildland fire poses imminent risk to public safety
•Plan shows many of the lower elevation portions of the project area past due for fire (some areas 2-3 times)
•CWPP Goals
–Reduce the risk of a Wildland Urban Disaster within the Town of Vail
–Decrease the probability of landscape scale high severity wildfire events
March 15, 2022 - Page 143 of 216
Proposed Action
Town of Vail | www.vailgov.com/fire
•The USFS proposes to use a variety of
treatment types to reduce fuels on
approximately 3,059 acres of National
Forest System lands within the study area.
•Treatments include the use of mechanized
logging equipment, hand thinning with
chainsaws, pile burning and broadcast
burning
•Aircraft such as helicopters or drones
may be utilized with broadcast
burning
•Treatments are proposed in several
different cover types including Aspen,
Lodgepole pine, Spruce-fir, sage and
mountain shrub communities
March 15, 2022 - Page 144 of 216
Project Area Map
Town of Vail | www.vailgov.com/fire
March 15, 2022 - Page 145 of 216
Impacts
Town of Vail | www.vailgov.com/fire
•USFS identified short-and long-term
impacts of project on:
•Wildlife
•Recreation
•Aesthetics
•Fuels
•Smoke and air quality
•Study identifies that long term impacts
are minimal and that the proposed action
provides extensive long-term benefits to
public safety, wildlife, recreation,
aesthetics and water quality
March 15, 2022 - Page 146 of 216
Barriers To Treatment
Town of Vail | www.vailgov.com/fire
•Designated wilderness, roadless areas and additional administrative
review
•Evaluation of least impactful treatment option
•Proposed CORE Act Area
•Physical and environmental constraints
•Access
•Slope
•Weather conditions
•Resource availability
March 15, 2022 - Page 147 of 216
NEPA Process
Town of Vail | www.vailgov.com/fire | June 2021
•Late Summer 2020 SE Group and USFS staff kicked off project by defining project
study area and identifying known areas of concern
•Spring-Fall 2021 SE Group conducted field work to identify resource concerns and
opportunities including: soils, geology, cultural, silviculture, wildlife, botany, wetlands
and fuels and fire behavior
•March 2022-USFS opened the project up for public scoping for 60 days. Scoping
includes information on proposed actions and outcomes of project
•Spring 2022-SE Group and USFS will review public comments relating to the proposed
action and adjust project accordingly
•Summer/ Fall 2022-USFS will issue a Record of Decision to identify specific action that
will be authorized under this project
•Implementation may begin once a Record of Decision is recorded
March 15, 2022 - Page 148 of 216
Next Steps
•Public Scoping
•Public Meeting: April 6th from 5:00-7:00 at the Grand View Room
•Engage Vail
•Solicitation of public comment including the Town of Vail
Action: Does Council support submitting a NEPA Comment Letter on
behalf of the Vail Town Council supporting the proposed Booth Creek
Fuels Treatment Project?
March 15, 2022 - Page 149 of 216
#
Va i l
Va i l
Project Area
§¨¦70
E a s t Va i lE a s t Va i l
East Vail Roadless Area
Spraddle Creek B Roadless Area Eagles Nest Wilderness
Corral CreekRoadless Area
NFS Lands
[0 10.5 Mile Prepared by:
Proposed
Project Area
Hand Treatment with
Chainsaws and Pile Burning
Broadcast Burning
Hand Treatment with
Chainsaws and Pile
Burning/Broadcast Burning
Mechanical Treatment and Pile
Burning
Hand Treatments with
Chainsaws or Non-motorized
Equipment and Pile BurningSpraddle CreekPitkin CreekBooth CreekNational Forest System(NFS) Lands
NFS Lands
Roadless Areas
Spraddle Creek Road
Red Sandstone Road
Gore CreekCampground Road
110
112
102
106
114
104
Booth Falls Road
Columbine Drive
Big Horn Road
Fall Line Drive
111
108
Eagles Nest
Wilderness
Existing Features
Gore Creek
Campground#
Communications Site
Rivers/Creeks
Access Roads
Figure 1: Proposed FuelsTreatments
Booth Creek Fuels Treatment Project
Eagle-Holy Cross Ranger District
White River National Forest
Attachment A: Booth Creek Fuels Treatment
Project Proposed Fuels Treatments
March 15, 2022 - Page 150 of 216
March 15 , 2022
Scott Fitzwilliams
900 Grand Ave
Glenwood Springs, CO 81 601
Dear Mr. Fitzwilliams,
Please accept this letter as formal comment for the Booth Creek Fuels Treatment Project and
thank you for the opportunity to comment on this project. The Town of Vail would like to
formally support this proposed action with consideration for the comments below. The Town of
Vail is keenly aware of the elevated risk of wildfire. As a co-developer and signatory to the 2020
Vail Community Wildfire Protection Plan, we feel that the USFS and Town of Vail have strong
alignment in the commitment towards reducing wildfire risk to vail and the surrounding forest.
The proposed action as described in the Notice of Proposed Action directly addresses several
goals of the CWPP and when completed will address a high priority treatment area as identified
in the CWPP. We feel that this project will directly decrease wildfire risk to neighboring
communities and infrastructure and complement the wildfire mitigation work that is occurring on
Town of Vail land as well as adjacent private lots. Please consider the following comments in
making your decision.
Comment 1: Due to the proximity of designated wilderness to developed lots within Vail it is
critical that fuels reduction work occur within the Eagles Nest Wilderness Boundary. While the
Town understands the intent of minimizing the trammeling of the wilderness area, significant
consideration should be giving to ensuring that managers have adequate tools to effectively
meet the goals of the project. Of particular importance is the use of aircraft and UAS for
ignitions, monitoring and containment. Due to the steep and rigid terrain hand ignitions will be
slow and will have considerable risk to personnel on the ground. This will limit the size of burns
and slow the implementation. Arial ignitions can rapidly ignite large areas greatly increasing
efficiency and safety of operations. This will decrease the total number of burn days needed to
meet the project goals and also decrease the number of days the project impacts the adjacent
community, recreation and the wildlife in the area.
Comment 2: The Project Design Criteria (PDC) are well thought out and address the specific
concerns of impact to each of the identified resources. Taken individually each PDC seems
relatively easy to comply with causing minimal impact to overall project implementation.
Collectively the PDCs may present overall challenges to rapid implementation of this proposed
action. Operating windows in the project area are already very small due to extended winter
conditions and potential burn windows are even smaller due to the need to meet air quality
regulations and ideal fuels conditions. In making your final decision we encourage you to
consider the collective impact of the PDCs on project implementation. It is our communities
desire to implement this proposed action as soon as practical. It is widely recognized that the
March 15, 2022 - Page 151 of 216
Town of Vail Page 2
wildfire environment is rapidly changing, and it is a matter of when not if we have a wildfire
affecting our community.
Comment 3: This project takes into consideration Strategy 6 of the Vail CWPP, “Create
compartmentalization across the planning area where unplanned wildfire can be managed for
multiple resource benefits when appropriate”. Units 104, 106 and 108 are of particular
importance in achieving this goal within the project area. The combination of these units
creates a north to south compartmentalization along the spraddle creek drainage connecting the
bottom of the drainage to the tundra on Bald Mountain. This compartmentalization will be a
critical holding feature for a fire in surrounding watersheds and may prevent landscape scale
ecosystem losses like have been seen in other large fires.
The Town of Vail Feels strongly that this proposed project is in alignment with the goals and
objectives as identified within the CWPP. While fire plays an important natural role in the
ecosystem it also presents the largest single threat to the safety and vitality of the community. If
we are to achieve our collective goal as described in the CWPP of “decreasing the probability of
landscape scale high severity wildfire events” we must implement projects such as you have
proposed as rapidly as possible.
The Town would like to thank you for the time you have taken to fully analyze this project. If you
have any questions regarding these comments please direct them to:
Paul Cada
Vail Fire and Emergency Services
Wildfire Program Manager
970.477.3475
pcada@vailgov.com
Sincerely,
Kim Langmaid
Mayor-Town of Vail
March 15, 2022 - Page 152 of 216
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. 2, S eries 2022 First Reading An Ordinance A mending Chapter 11
of Title 5 of the Vail Town Code to Reduce the Risk of W ildfires in the Town
P RE S E NT E R(S ): P aul Cada W ildland Program Manager, Mark Novak F ire Chief
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Ordinance No. 2, Series of 2022
B AC K G RO UND: I n 2020 the Vail Town Council approved the Vail Community W ildfire
P rotection P lan (C W P P ). A primary goal of the C W P P was to reduce the risk of a wildland urban
disaster within the Town of Vail. An essential element in achieving this goal is to prevent the ignition
of structures. T he most effective manner to achieve this goal is to require a non-combustible zone
around all structures.
S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 2, Series of 2022 on first reading
AT TAC H ME N TS:
Description
Staff Memo Re Ordinance No 2 Series of 2022
T C Presentation Ordinance No 2 Series of 2022 Fire Free Five
Ordinance No. 2 Series of 2022
public input
March 15, 2022 - Page 153 of 216
To: Vail Town Council
From: Mark Novak, Fire Chief and Paul Cada, Wildland Program Manager
Date: March 8th, 2022
Subject: Proposed Amendments to Code for Reduction of Wildfire Hazards
I. Background
The wildfire situation in the Western US is continuing to grow worse, fueled by climate
change, community development and excessive fuel loading. Scientific studies
released in 2021 have pointed to expanded risks to higher elevation communities such
as Vail. Since 2001 fires above 8000ft in elevation have nearly tripled in frequency and
acres burned. Another study pointed to a near doubling of moderate and high intensity
fires during that same period leading to significantly higher damage to ecosystems and
the communities that are built within them.
This intensification of wildfire events has also led to a steep increase in impacts on
communities throughout Colorado and the west. Fires such as December’s Marshall
Fire, burning in areas previously not thought of as “at risk” from wildfires are sustaining
significant loss. These losses have led to a growing body of research on what is
causing both individual and community losses from wildfire.
In March of 2022 the National Institute of Standards and Technology (NIST) released
“WUI Structure/ Parcel/ Community Fire Hazard Mitigation Methodology” which
synthesized the most recent research and post fire study of structure loss from wildfire.
The report very clearly articulates risk from wildfire as a function of community density
and makes very clear connections in shared risk between structures built within 30 feet
of each other. Approximately 62% of all structure in the Town of Vail are built within 30
feet of the nearest neighbor. This number does not consider the flammable landscaping
or other fuels that may be located between the existing structures reducing the effective
separation.
In high density communities ignited structures present high risks to surrounding
structures by exposing them to large amounts of heat and embers for long periods of
time. The most effective way to prevent community wide loss is by preventing the first
structure from igniting. The report further points out that “Community participation is
necessary in high-density communities. This is due to the disproportionate impact of a
single structure ignition on the community. “
March 15, 2022 - Page 154 of 216
Town of Vail Page 2
At the February 1st, 2022 Vail Town Council meeting Vail Fire and Emergency Services
presented a proposal for the adoption of code that would require the creation and
maintenance of a five foot wide area of non-combustible landscaping around all
structures in Vail.
II. Current Situation
Vail Fire and Emergency Services is proposing amendments to Title 5- Public Safety,
mandating that all structures in the Town of Vail create and maintain an ignition
resistant landscaping feature from the foundation wall extending 5 feet from the
structure. This area is described as the Fire Free Five. The Fire Free Five represents
the largest area where embers may accumulate during a wildfire and is the most critical
part of defensible space. Creating a Fire Free Five is the most important action that
property owners can take to protect their structure as well that those in proximity.
The Fire Free Five will be consistent with the currently adopted Vail Fire Ignition
Resistant Landscaping standards that were vetted by DRB and PEC. These Ignition
Resistant Landscape standards are currently required for new development and
significant additions.
Under the proposed code each building shall create an area of ignition resistant
landscaping which extends from the foundation wall or attachment, such as deck or
stairs, whichever is greater out five feet. Within this area allowable landscaping would
include:
• Hardscaping such as on-grade patios, walkways, driveways, etc.
• Non-combustible mulch
• Well maintained and irrigated lawn
• Perennial flower beds
• Perennial ground cover
Trees and shrubs would not be allowed to be planted (stem within 5’ zone) within the
Fire Free Five, however accommodations can be made for existing plant materials that
hang over into the 5’ zone. Trees planted outside the 5’ zone that hang over into the
zone must be limbed up to a height of 6’ or 1/3 the total height whichever is less and
must be trimmed to leave at least a 2’ gap between the nearest branch and the building.
Heritage trees, those greater than 12” DBH and 40’ tall, within the village core may be
exempted from the requirements of this code following a site-specific hazard evaluation.
The Fire Free Five shall also apply to material placed or stored within this area.
Combustible materials such as firewood, construction materials or other combustibles
may not be stored within this zone. Combustibles may be allowed to be stored within
this zone if they are enclosed in a manner to prevent the ignition from wildfire flames or
embers.
To reasonably implement a mandatory Fire Free Five, an extended implementation
period of 3 years from the date of adoption is proposed. During this time each property
March 15, 2022 - Page 155 of 216
Town of Vail Page 3
in the Town of Vail will be evaluated, and educational information describing compliance
options will be provided to each owner. Beginning in 2025 each property would be
evaluated once every 3 years for compliance. Properties not in compliance will be
provided with written notice. The emphasis will be to gain voluntary compliance. In
cases where voluntary compliance is not achieved, the case may be referred to the Vail
Municipal Court. Mitigation actions may be mandated by the municipal judge. This
extended implementation period will also allow town staff to work together to develop
resources to assist community members in the implementation of the Fire Free Five.
These resources include direct assistance to property owners to complete tasks such as
limbing trees and financial assistance to offset costs associated with implementing the
Fire Free Five.
The concept of the Fire Free Five was presented to the Building and Fire Code Board of
Appeals at their December 2021 meeting and the Design Review Board on January
19th, 2022. Both bodies recognized that this may be a significant change in some
portions of the community, however they also saw the great value in reducing the
shared risk from wildfire.
Since the Town Council Fire Free Five presentation on February 1st, each property
owner in Vail has received a postcard mailing inviting them to attend community
gatherings and explore information on the Towns webpage
www.vailgov.com/firefreefive. On February 28th and March 4th Vail Fire and Emergency
Services hosted community meetings in East and West Vail respectively to provide
information on the proposal and answer community members questions. 31 community
members attend the gatherings to learn more about the proposal. Department members
were also available at the March 8th Community meeting to inform the public and
answer questions. The Fire Free Five information was also featured in a news article by
the Vail Daily as well as included in the KYZR 8150 Report in February.
Implementation of the Fire Free Five is critical. Between 2017 and 2021 Vail Fire
conducted a curbside wildfire hazard evaluation of every parcel with Vail and the results
were shared with every property owner. During this process we identified that 79% of
structures within the community do not have an adequate Fire Free Five. As described
in the NIST study the only way to prevent large scale community wide loss is through
III. Alignment with Existing Plans
The Fire Free Five requirement is consistent with the following Town Council adopted
plans:
A. Council Action Plan: Sustainability-Institute Measures to Best Mitigate Wildfire
Danger
B. Town of Vail Community Wildfire Protection Plan: Goal 1-Reduce the Risk of a
Wildland Urban Disaster within the Town of Vail
C. Vail Fire and Emergency Services Strategic Plan: Objective CRR 2.1- Adopt
Codes that Reduce Structural Ignitability from Wildland Fire at a Community
Level- Require a 5’ Non-combustible Zone Adjacent to structures
March 15, 2022 - Page 156 of 216
Town of Vail Page 4
IV. Staff Recommendation
Approve on first reading Ordinance No. 2, Series of 2022, an ordinance amending
Chapter 11 of title 5 of the Vail Town Code to reduce the risk of wildfires in the Town of
Vail.
March 15, 2022 - Page 157 of 216
Vail Wildland
Urban
Interface
Code
Amendments
Paul Cada-Wildland
Program Manager
March 15, 2022 - Page 158 of 216
Changing Fire Environment
Town of Vail | www.vailgov.com/fire |
•Since 2001 wildfires above 8000 ft have nearly tripled in frequency and acres burned
•Moderate and high severity fires have nearly doubled leading to significantly higher damage to ecosystems and
the communities that are built within them
•Fire seasons are 78-112 days longer than they were in the 1970s
•Recently released studies directly link structure loss to home hardening and defensible space and define the
shared risk between nearby structures.
•Colorado is experiencing substantial community loss outside of “traditional fire seasons” and in areas not
previously presented as at “High Risk” of wildfire.
•All of Vail is at risk from wildfire
March 15, 2022 - Page 159 of 216
Reducing Structural Ignitability in High Density Areas
Town of Vail | www.vailgov.com/fire |
•March 2022 the National Institute of Standards
and Technology (NIST) released “WUI
Structure/Parcel/Community Fire Hazard
Mitigation Methodology”which provides
detailed mythology to reduce structure loss
from wildfire in the WUI
•Report clearly identifies shared risk between
structures in high density development (less
than 30 feet separation) and provides specific
recommendations for mitigations to reduce the
shared risk
•62% of all structures within Vail are built within
30 feet of the nearest structure. This
measurement is exclusive of all flammable
attachments and landscaping between
buildings.
March 15, 2022 - Page 160 of 216
Community Outreach for Fire Free Five
Town of Vail | www.vailgov.com/fire |
Community Outreach
•Proposal was presented to Town Council summer of
2021 and again on February 1st 2022
•Following the February 1st presentation, a Fire Free Five
webpage was developed with specific proposal
information.
•Proposal was discussed with Building and Fire Code
Board of Appeals, Design Review Board and Planning
and Environmental Committee between December 2021
and January 2022
•Fire Free Five was highlighted by both the Vail Daily and
KYZR in February
•All property owners in Vail received postcard with
information
•Two successful community gatherings were held in East
Vail and West Vail. A total of 31 community members
attended the informational sessions.
March 15, 2022 - Page 161 of 216
Mandatory 5’ non-combustible zone around all buildings-Fire Free Five
Town of Vail | www.vailgov.com/fire |
•Each building shall create a zone of non-combustible materials that extends from the foundation wall or
attachment out five feet.
•Within this area allowable landscaping would include:
•Hardscaping such as on-grade patios, walkways, driveways, etc.
•Non-combustible mulch
•Well maintained and irrigated lawn
•Perennial flower beds
•Perennial ground cover
•Trees planted outside the 5’ zone that hang over into the zone must be limbed up to a height of 6’ or 1/3 the
total height whichever is less and must be trimmed to leave at least a 2’ gap between the nearest branch and the
building.
•Heritage trees, those greater than 12” DBH and 40’ tall, within the villages may be exempted from the
requirements of this code.
•Currently mandated for projects requiring WUI code review (new development, substantial additions)
March 15, 2022 - Page 162 of 216
Fire Free Five Implementation
Town of Vail | www.vailgov.com/fire |
•Between 2017 and 2021 every property in Vail had a curbside wildfire evaluation completed
•Results were shared with each individual property owner
•79% of properties evaluated did not meet recommendations for the Fire Free Five
•Adoption of fire free five ordinance in 2022 and begin enforcement in 2025
•Re-evaluate every property over the next 3 years using same process previously used
•Educational information describing compliance options will be provided to each owner
•Time will also be used to further develop resources to assist property owners comply with ordinance
•Beginning in 2025 properties will be inspected on a rotating basis.
•Properties not in compliance will be provided with written notice. The emphasis will be to gain voluntary
compliance.
•In cases where voluntary compliance is not achieved, the case may be referred to the Vail Municipal Court.
•Mitigation actions may be mandated by the municipal judge.
March 15, 2022 - Page 163 of 216
Resources for Community Compliance
Town of Vail | www.vailgov.com/fire |
Currently Available Resources
•Wildfire evaluations
•Curbside chipping
•Community workdays (new for 2022)
•Eagle County wildfire cost share program ($80k available funds)
o $1000 of eligible expenses
•Colorado Wildfire Mitigation Measure Subtraction (Available through 2024)
o Colorado Income Tax subtraction equal to 50% of costs up to $2500
o https://tax.colorado.gov/sites/tax/files/Income65.pdf
March 15, 2022 - Page 164 of 216
Resources for Community Compliance
Town of Vail | www.vailgov.com/fire |
Potential Future Support for Fire Free Five Implementation
Funding
•FRWRM (CSFS)
•BRIC (FEMA)
•BLM Community Assistance-Joint application with Eagle County
•RETT-Town run cost share program
•Other Infrastructure Bill programs
Programs
•“Junk the juniper” landscaping giveaway
•Curbside pickup for non-chippable yard waste
•Redesign of “Trees for Vail” for landscape replacement
March 15, 2022 - Page 165 of 216
Conclusions
Town of Vail | www.vailgov.com/fire |
•Community participation is necessary in high-density communities. This is due to the disproportionate
impact of a single structure ignition on the community.
•Fire Free Five is the most critical component of a properties defensible space and can be implemented
by affecting the smallest area of the parcel
•Conclusive evidence is showing the impact of community wide implementation of defensible space
and structure hardening
•Successes such as the lack of structure loss or damage during the 2021 Caldor Fire in the Lake
Tahoe Basin show that even in the face of extreme wildfire conditions community wide
implementation can have positive impacts.
March 15, 2022 - Page 166 of 216
1
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PRESENTATION\ORDINANCE NO 2 SERIES OF 2022_031522.DOCX
ORDINANCE NO. 2
SERIES 2022
AN ORDINANCE AMENDING CHAPTER 11 OF TITLE 5 OF THE VAIL
TOWN CODE TO REDUCE THE RISK OF WILDFIRES IN THE TOWN
WHEREAS, each year wildfires continue to grow more destructive and impactful
to communities across Colorado; and
WHEREAS, the Town wishes to reduce the risk of wildfire in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 11 Title 5 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
CHAPTER 11: REDUCTION OF WILDFIRE RISKS
5-11-1: PURPOSE:
The purpose of this Chapter is to reduce the risk of wildfires in the Town by
requiring the removal of wildfire fuels and diseased trees from properties in
the Town and requiring the creation of non-combustible zones around
structures in the Town.
5-11-2: APPLICABILITY:
This Chapter shall apply to all property in the Town.
5-11-3: DEFINITIONS:
For purpose of this Chapter, the following terms shall have the following
meanings:
CHIEF: The Town's Fire Chief or designee.
DISEASED TREE: A tree, alive or dead, which is or has been infested or
infected with any insect or disease identified in the most recent version of
the "Field Guide To Diseases And Insects Of The Rocky Mountain Region".
PROPERTY: A lot, tract or parcel of real property located within the
corporate limits of the Town.
WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or grasses and
other materials such as firewood, construction material or debris
surrounding a structure, which represent a threat to life or property during a
fire as determined by the Chief.
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5-11-4: DISEASED TREES AND WILDFIRE FUELS:
It is unlawful for an owner to maintain on any property in the Town diseased
trees or wildfire fuels which represent an imminent threat.
5-11-5: FIRE FREE FIVE ZONE:
Every structure in the Town shall be surrounded by an area where there
shall be no combustible materials or wildfire fuels, and there shall only be
materials that are designed to prevent ignition from wildfire (the "Fire Free
Five Zone"). The Fire Free Five Zone shall extend from the foundation wall
of the structure or any attachment (such as a deck or stairway), whichever
is further, out a distance of five (5) feet.
5-11-6: PERMIT FOR REMOVAL:
An owner desiring to remove any diseased trees from any property in the
Town shall file an application for a permit with the Community Development
Department. There shall be no application fee for the permit. The application
shall contain a written narrative describing the type, size, quantity and
general location of the diseased trees proposed to be removed. The Chief
may perform a site visit prior to taking any action on the permit application.
5-11-7: INSPECTION:
A. The Chief may enter a property for the purpose of inspection for
compliance with this Chapter, with permission from the owner, when at least
one of the following events has occurred:
1. The owner has requested the inspection;
2. A neighboring landowner has reported a diseased tree or
wildfire fuels and requested an inspection; or
3. The Chief has made a visual observation from a public right
of way or adjacent property and has reason to believe that diseased trees
or wildfire fuels exist on the property.
B. If the owner does not grant permission to inspect the property, the
Chief may seek an inspection warrant from the Municipal Court.
5-11-8: EMERGENCIES:
In the case of an emergency involving imminent danger to the public health,
safety or welfare, the Chief may enter upon any property to conduct an
emergency inspection or abatement without permission from the owner or
a warrant.
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5-11-9: NOTICE OF VIOLATION:
A. If the Chief determines that a property is in violation of this Chapter,
the Chief shall provide a written notice to the owner. The notice shall be
sent by first-class United States mail to the owner at the owner's last known
address, or personally served.
B. The notice shall:
1. Advise the owner of the violation of this Chapter;
2. Describe approved methods for abatement of the violation;
and
3. Require that the abatement be completed within thirty (30)
days of the date of the notice, or that an acceptable plan and schedule for
abatement be submitted to the Chief within such time.
C. If the owner fails to dispute the notice, and fails to timely abate the
violation, the Town may seek an abatement order pursuant to this Chapter.
D. If the owner disputes the notice, the owner shall notify the Chief
within seven (7) days of the date of the notice. If a timely notice of dispute
is given, the Chief shall meet with the owner in an effort to resolve the
dispute. If the Chief meets with the owner and is unable to resolve the
dispute, the Town may seek an abatement order pursuant to this Chapter.
5-11-10: ABATEMENT ORDER:
A. An application for an abatement order shall be accompanied by an
affidavit, signed by the Chief, stating that:
1. The Chief has determined that the property is in violation of
this Chapter;
2. The Chief has complied with the notice requirements of this
Chapter; and
3. Within the required time, the owner has failed to remedy the
violation or has failed to submit an acceptable plan and schedule for such
abatement; and
4. The Municipal Court will consider the application for an
abatement order at the date and time set forth in the notice, which date shall
be at least fourteen (14) days after the notice.
B. The Town shall provide notice to the owner of the application, either
by first class United States Mail to the owner's last known address, or by
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personal service. The notice shall include a copy of the Town's application
and affidavit.
C. At the stated time, date and place, the Municipal Court shall review
the Town's application, as well as any statement or evidence presented by
the owner. If the Municipal Court finds that the property is in violation of this
Chapter, the Municipal Court may enter an order authorizing the Town to
enter upon the property, remove the violation and recover its costs,
5-11-12: COSTS:
If the Town abates a violation of this Chapter, the owner shall be assessed
the Town's actual costs, plus a 10% administrative fee.
5-11-13: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. Any person convicted of violating any provision of this Chapter shall
be punished as provided in Section 1-4-1 of this Code; provided that each
separate act in violation of this Chapter, and each and every day or portion
thereof during which any act in violation of this Chapter is committed,
continued, or permitted, shall be deemed a separate offense. This penalty
shall cumulative, and any penalty under Section 1-4-1 shall be in addition
to any assessment of costs under this Chapter or other available remedies.
Section 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 effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 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 and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code 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 proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
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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 ON FIRST READING this ____ day of ____________, 2022
and a public hearing for second reading of this Ordinance set for the ___ day of
____________, 2022, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ____ day of ________________, 2022.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
March 15, 2022 - Page 171 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Fire Free Five
Date:Friday, March 11, 2022 4:36:31 PM
Attachments:image007.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Jonathan Staufer <JStaufer@vailgov.com>
Sent: Saturday, March 5, 2022 9:32 AM
To: Council Dist List <TownCouncil@vailgov.com>; Scott Robson <SRobson@vailgov.com>; Mark
Novak <MNovak@vailgov.com>
Subject: Fwd: Fire Free Five
FYI
Get Outlook for iOS
From: Vail, CO <vailgov@enotify.visioninternet.com>
Sent: Friday, March 4, 2022 8:56:11 PM
To: Jonathan Staufer <JStaufer@vailgov.com>
Subject: Fire Free Five
Message submitted from the <Vail, CO> website.
Site Visitor Name: Denny & Sheila Linn
March 15, 2022 - Page 172 of 216
Site Visitor Email: dsjlinn@aol.com
Hi, Jonathan,
We attended the meeting at the fire station today about the Fire Free Five program. We were very
impressed and happy to cooperate by modifying the area around our home. We understand that the
Town Council will be discussing this, and we want to express our support.
Thank you,
Denny & Sheila
March 15, 2022 - Page 173 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: retroactive Fire Free Five ordinance
Date:Friday, March 11, 2022 4:28:12 PM
Attachments:image007.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Diane Writer <DeeWriter@comcast.net>
Sent: Friday, March 11, 2022 2:20 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: retroactive Fire Free Five ordinance
Dear Town Council Members,
My name is Diane Writer and I have owned the property at 1307 Vail Valley Drive for the past
50 years. During that time owners have been mandated and encouraged by the Town to plant
more trees everywhere and to care for them by paying for water, fertilizer, and various sprays,
as well as for trimming and pruning.
Now a retroactive ordinance is being proposed that would unfairly place the burden of new
expenses on property owners. It is simply not equitable to require this burden, and, if passed,
I think the Town should pay any and all expenses owners have in meeting these new
requirements.
Another important point is that a retroactive ordinance sets a precedent for councils
passing such type of ordinances in the future. That fact could lead to future councils deciding
March 15, 2022 - Page 174 of 216
that homeowners have to remove shake shingle roofs, remove all wood decks and railings
around porches, remove all wood siding and house trims….not just in the future, but
retroactively! These steps would be taken for the “ common good” just in case there should
be a fire! I think retroactive ordinances are bad public policy with the potential for abuse.
I would therefore hope the Town Council might instead consider having the proposed
ordinance be the guideline for a volunteer program affecting those property owners with
homes previously built and landscaped. Evaluations and suggestions for fire mitigation could
be made by the Wildfire Management teams and perhaps the Town could pay a certain
percentage of the homeowners cost. I believe many people would favor this idea.
In addition, I hope the Council could, in any case, enhance the definition of Heritage Trees to
include not just the trees in the village, but also those in the residential areas.
Trees surrounded by cement would have embers lying on the cement and blowing around,
while those in residential areas would have embers lying on snow piles or wet irrigated grass
making fires less likely. Trees that are 40 feet tall are very majestic and absolutely
irreplaceable!! Vail would not be the same if such trees are cut down!!
I appreciate your considering these suggestions. Thank you.
Sincerely,
Diane Writer
Sent from Mail for Windows 10
March 15, 2022 - Page 175 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:Fwd: Fire Free Five "Feel Good"
Date:Monday, March 14, 2022 8:58:32 PM
Get Outlook for iOS
From: Mary Lou and Bob Armour <bobalouvail@gmail.com>
Sent: Monday, March 14, 2022 8:23:08 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Fire Free Five "Feel Good"
Dear Town Council,
Unfortunately, I’m unable to attend the town council meeting tonight.
This ordinance will affect my personal property very little. But I do think many community
members and businesses will be shocked by the changes proposed in ordinance #2. Of course
we are seeing dryer weather conditions across the West. Chief Novak referred to the Marshall
fire as an example of wind driven fires. I submit that Vail, unlike the front range, never sees
100 mph winds on the valley floor. The eco systems of Boulder County and Vail are very
different.
As I look around town, the amount of vegetation to be removed will be EPIC. Property owners
that were required by the town and had to pay to put in landscaping, are now being legislated
to remove that same landscaping at their expense. I am concerned about the deforestation of
Vail. I can't wait to see Town Hall exposed.
Ordinance #2 Section 5-11-10-C indicates that if the municipal court finds a property in
violation it may authorize the town to enter the property, without homeowners approval,
remove the violation, and bill the property owner to recover costs. I doubt the Town’s
insurance carrier would approve of Town of Vail Fire personnel cutting down vegetation on
private residential property. Government overreach for sure.
Heritage trees in the village cores are going to be protected? These trees sit adjacent to some
of the highest STR and Condo densities in town and might actually pose the most potential for
destruction. ALL private property owners should have the equal opportunity to apply for
Heritage tree designation on their property.
I am concerned that this ordinance is asking for a flood of lawsuits from property owners
trying to protect their valued assets in Vail.
Bob Armour
March 15, 2022 - Page 176 of 216
From:Tammy Nagel
To:Stephanie Bibbens
Subject:Fwd: Fire Free Five
Date:Wednesday, March 16, 2022 7:33:38 AM
Get Outlook for iOS
From: Kim Newbury Rediker <kimnewbury@gmail.com>
Sent: Tuesday, March 15, 2022 9:33:31 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Fire Free Five
Good evening, Town Council,
I watched with interest the Town Council meeting tonight and the discussion about Fire Free Five. I truly appreciate
all of your thoughts, concerns, and your willingness to listen to the community.
I would like to note that in addition to all of the really thoughtful comments presented at tonight's meeting, I have
another consideration that I hope you will take into account. Most homes in Vail are not air conditioned, and we rely
upon shade trees to help keep the temperature in our homes comfortable. While I understand that any tree that must
be removed because it is too close to a home can be replaced (just further from the home), it would take 15 - 20
years for a new tree to create the same amount of shade. As summers get hotter, our homes will get hotter without
the shade trees, and some homeowners may be inclined to install air conditioning - yet another significant cost to
homeowners, and another hit to the environment through an increased carbon footprint.
At our particular townhome complex, which is deed restricted and was built by the Town of Vail, we would be
required to remove at least half of our trees. I will note that it was the TOWN that planted our trees! This tree
removal would completely change the character of our complex, and our homes would be exposed to sun for the
entire day, increasing the temperature inside dramatically.
I fully support John Rediker's suggestion that Aspen trees should be considered differently than conifers, based upon
the lower flammability factor. Please discuss this in depth with the Fire Department, and ask them to consider how
aspens are addressed in the ordinance, as there is clear evidence from the US Forest Service and State of Colorado
that aspens do not increase fire risk. This is a significant point that John made that did not seem to get much
attention or gain much traction at the meeting.
I am supportive of the Town of Vail working diligently to reduce our risks of a major wildfire event, but I think
there is a lot more work to be done before the ordinance is ready for a vote. Thank you again for your thoughtful
consideration and for listening intently to the citizens of Vail.
Sincerely,
Kim Rediker
970-390-8388
March 15, 2022 - Page 177 of 216
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. 3, S eries 2022, F irst Reading, An Ordinance Making Adjustments
to the Town of Vail General Fund, Capital P rojects Fund, Real Estate Transfer Tax Fund, Housing
Fund, Marketing F und, Heavy Equipment Fund, Residences at Main Vail Fund and Dispatch
S ervices Fund
P RE S E NT E R(S ): Carlie Smith, Deputy Finance Director
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.
3, Series 2022.
B AC K G RO UND: P lease see attached memo.
S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 3, Series
2022.
AT TAC H ME N TS:
Description
220315 YE & 1st Budget Supplemental
220315 YE & 1st Budget Supplemental P P
March 15, 2022 - Page 178 of 216
TO: Vail Town Council
FROM: Finance Department
DATE: March 15, 2022
SUBJECT: 2021 Results and 2022 Supplemental Appropriation
I. SUMMARY
The completion of the town’s 2021 fiscal year sets the stage for this supplemental appropriation
of 2022. Included in this memo is a high-level review of 2021 financial results. During Tuesday
evenings session, you will be asked to approve the first reading of Ordinance No. 3 making
supplemental appropriations and adjustments to the 2021 budget. This supplemental reflects
$28.2M of capital projects that span more than one year and need to have funding re-
appropriated to the current year in addition to some new requests.
II. DISCUSSION
2021 RESULTS
During the 2021 budget process revenues were forecasted conservatively and departments
were asked to maintain budget reductions as the town continued to navigate the uncertainty of
the COVID-19 pandemic. As the year progressed Vail experienced a remarkable economic
recovery exceeding budget projections and financial expectations.
Across all funds, revenues totaled $139.8 million. Excluding debt proceeds from both the PW
shops project and The Residences as Main Vail along with large one-time revenues from
federal grants and the Vail Reinvestment Authority capital reimbursement, 2021 revenues
totaled $82.4 million, up $12.9 million from 2020 and up $9.4 million from 2019. Compared
to budget, revenues were up $4.6 million mainly due to sales tax collections of $34.5 million,
up 18% from 2019 and up 10.0% from budget. After a slow start to 2021 with January and
February down 13% from 2019, Vail began to experience record sales tax collections in March
continuing through the end of the year attributed to pent-up travel demand but also credited to
record-setting leaps in inflation.
Real Estate Transfer Tax collections continued to surpass all expectations with another
record number of real estate sales in both dollar volume and the number of transactions. RETT
collections for 2021 total $12.5 million, an increase of 19.9% from 2020, a previous record year.
A total of 493 properties were sold, with 33% of the real estate sales were priced over $2.5
million.
March 15, 2022 - Page 179 of 216
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Construction Use Tax collections of $3.7 million were down 77.5%, or $1.6 million from
2020 and up 49.4% from 2019. Other construction related revenues such has permits, design
review and plan check fees of $2.7 million in 2021 were up 49.4% or $860,897 from 2020 and
up 35.9% from 2019.
Lift tax collections of $5.5 million were up 34.7%, or $1.4 million from 2020 and up 3.3%
or $177,611 from 2019.
Parking revenues totaled $7.2 million during 2021, up 46.4%, or $2.3 million from 2020
and up 6.5% or $438,822 from 2019. Daily parking sales in the parking structures were up
18% from 2019, while pass sales were up 25% from 2019.
The Town received and utilized $5.1 million in grant funding during 2021 the majority of
which contributed towards funding large capital projects such as a $1.6 million state grant for
electric bus infrastructure at the Public Works bus barn and a $525,288 Federal grant to
purchase a new electric bus. The Town also received $2.0 million Federal grant funding for
transit operations along with a $320,441 of CARES grants used towards COVID programs and
expenditures.
2021 net expenditures totaled $96.1 million compared to $132.0 million budgeted. Of the
$35.9 million variance, $28.2 million is requested for re-appropriation for capital projects
currently underway in the Capital, RETT, Housing, Dispatch, Heavy Equipment, and
Residences at Main Vail Funds. The remaining savings of $7.7 million was a result of savings
from capital projects ($2.7M), town-wide staffing vacancies ($970K), reduced event spending
($239K), fewer health insurance claims ($995K), a delay of planning projects ($523K), and
reduced general operating expenditures ($2.3M) such as professional fees, general supplies
and materials, COVID economic recovery expenditures and programs, and fuel and vehicle
supplies.
March 15, 2022 - Page 180 of 216
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2022 SUPPLEMENTAL APPROPRIATION
The main purpose of this supplemental is to re-appropriate funds for capital projects budgeted in
2021 and are continuing into this year, or projects that did not begin as planned. There are also
adjustments needed to reflect events or decisions that have occurred since the 2022 budget
was finalized.
General Fund
Updated Revenue Projections
The 2022 budget was approved in October of 2021. At that time, it was unknown how the
COVID-19 pandemic and public health orders would impact the 2021/2022 winter season. For
that reason, Town Council supported conservative revenue projections for 2022 which blended
2019, a “normal” revenue year with 2021 actuals, a year that experienced both negative impacts
from public health orders as well as record breaking visitation and revenue collections. Revenue
projections for sales tax, lift tax, and parking collections have been increased and forecasted flat
with 2021 actual collections. Total budgeted sales tax collections are proposed to increase by
$4,000,000 allocated 62% or $2,480,000 to the General Fund and 38% or $1,520,000 to the
Capital Projects Fund. Additionally, the Housing Fund reflects an additional projected
$4,075,000 for the new 0.5% sales tax dedicated to housing projects, programs, and initiatives.
This projection is in line with the traditional tax less estimates less estimates for food for home
consumption.
Budgeted lift tax and parking sales collections have been increased by $100,000 and a
$550,000 respectively.
In total budget revenues in the General Fund will be increased by $4,867,650. Aside from the
$3,130,000 of updated revenue projections listed above, budget revenues will be increased by
$1,737,650. This includes $1,507,234 of American Rescue Plan Federal grants to reimburse the
town for transit operations ($337,234) and qualifying ARP initiatives ($1,170,000). Revenues
also reflect $230,416 of project reimbursements that will be directly offset by corresponding
expenditures including the following:
$100,000 reimbursement from the Vail Local Marketing District for the Destination
Stewardship Management Plan. The total budget for this project is $200,000.
$150,000 grant from the United States Department of Justice to implement a
countywide, multi-partnership, justice-health program which will focus on carrying out
targeted interventions for victims and offenders while also providing trauma-informed
training to officers. This program will be implemented over a three-year period.
$15,000 reimbursement from the Vail Local Marketing District to assist in staffing the
Discover Vail tent during summer events.
Use of $52,400 Friends of the Library funds to contract the State Library Consortium to
digitize the Vail Trail reels ($43.0K), the author Honorarium program ($7K), maintenance
for the story walk ($2.4K).
$1,534 Holy Cross grant for the library’s oral history program.
General Fund expenditures are proposed to increase by $2,653,216 of which $230,416 will be
reimbursed listed above. The remaining $1,739,282 includes:
$1,250,000 increase in budgeted personnel expenditures reflect the town’s shift in
compensation strategy to reflect a more competitive pay structure to align with the
exceptional services provided by the Town of Vail employees provide. During 2021 the
town realized nearly $1.0 million in savings in personnel costs.
March 15, 2022 - Page 181 of 216
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$10,000 in personnel costs for additional Economic Development staff time needed for
the Destination Stewardship Management Plan.
$65,000 for Town Manger recruitment.
$374,000 to continue the Loading and Delivery pilot program in the villages throughout
the summer months. Continuing the pilot program will allow time to research funding
models for a permanent program as well as collect data on summer operations.
$32,782 for the short-term rental study crossing years but was budgeted in full in 2021.
$7,500 of Economic Development marketing SWAG budgeted in 2021 but delivered in
2022 due to supply chain issues.
The above adjustments to the General Fund 2022 budget result in an estimated fund balance of
$43.3 million by the end of 2022, or 87% of annual revenues in a normal year.
Staff also requests to increase the Employee Housing Ownership Program (EHOP) available
balance by $122,738 to reflect the 2021 equity earnings. This increase is not part of the budget
appropriation; however, this is reflected at the bottom of the Fund Statement to show that these
funds are restricted and unavailable for spending. The addition of 2021 equity earnings will
increase total funding to $1,346,000 for this program. Currently, the program has 20
participants and $745.7K in funding committed. In total the town has assisted 51 employees
with loans through this program.
Capital Projects Fund
Budgeted revenues will be adjusted by $7,896,294. Of this, $4,048,146 is revenue
reimbursements for capital projects originally budgeted and committed to in prior years but are
being re-appropriated due to project timing. These revenues will be directly offset by re-
appropriated project expenditures.
The remaining $3,848,149 includes $1,520,000 (38%) of the $4.0M proposed increase in sales
tax, $2,064,548 Colorado Department of Transportation (CDOT) grant to be used towards
electric bus purchases, a $255,728 CDOT grant to be used towards electric bus infrastructure,
and $6,000 ARP library grant for an additional book return drop off.
Staff is requesting to supplement 2021 expenditures by a total of $28,852,269, of which
$14,602,833 represents projects budgeted in 2021 but not yet completed such as the new
parking entry system ($1.2M), electric bus station infrastructure at Public Works ($938.9K), Vail
Village snowmelt upgrades ($1.25M), construction of Frontage Rd roundabout ($3.4M), and
major road drainage improvements in East Vail ($1.5M). Please see the Capital Projects Fund
fund statement for a full list of all re-appropriations.
New requests/adjustments include the following:
$6,000,000 is requested to move forward from the 2023 budget to order six electric
buses for delivery in 2023. This will be offset by a $2,064,000 Colorado Department of
Transportation grant.
$312,000 to contract for a 5-year subscription with Fischer, the town’s new parking
management software. A 5-year subscription saves the town a significant amount of
money compared to an annual fee.
$100,000 to explore outcomes of the Civic Area Plan. This includes $50,000 for a
preliminary design of a park located at what is currently known as Lot 10 to coincide with
the planning phase of the redevelopment of the Evergreen Hotel. This also includes a
structural engineering study of Dobson Ice Arena supported by Council.
March 15, 2022 - Page 182 of 216
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$100,000 is requested to be moved forward from the 2023 budget to begin design of the
Big Horn Road Bridge rails and culvert so that construction can begin in 2023.
$50,000 is requested to move forward from the 2023 budget to beginning planning for
new roundabout lighting. Current light poles will be replaced with 30’ light poles and will
incorporate smart transportation equipment such as traffic cameras. $2.5M is budgeted
in 2023 as part of the town’s 5-year capital plan.
$11,000 for police department records management software.
Staff is also proposing the following transfers to other town funds from the Capital Projects
Fund:
$6,824,698 to the Residences at Main Vail Fund to cover project expenditures
exceeding the $25.1M in bond proceeds. When planning for this project the town had
planned to cash fund a portion of this project.
$565,000 to the Housing Fund to purchase East Vail Lodging Unit #16 for town
employee housing as approved by Council on March 1st.
$25,000 to the Housing Fund for town employee unit capital maintenance and upgrades.
All of the above adjustments will result in an estimated fund balance of $30.2 million by the end
of 2022.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $392,433. A majority, or $332,433 of this
is for grant and revenue reimbursements originally budgeted and awarded in prior years but
delayed due to project timing. These revenues will be directly offset by re-appropriated project
expenditures. This includes:
$300,000 from Eagle River Water and Sanitation District for the re-stabilization of Dowd
Junction retaining wall and bike path.
$32,433 donation from East West Partners to continue the design and planning of a Ford
Park art space.
The remaining $60,000 of revenue will be directly offset by corresponding reimbursements and
includes $50,000 for Sustainable Destination displays in the town’s Welcome Centers
reimbursed by the Vail Local Marketing District and a $10,000 donation from Doe Browning for
Art in Public Places Winterfest programming.
Staff is requesting to supplement expenditures by a total of $6,663,751, of which $6,578,751
represents projects budgeted in 2021 but not yet completed such as Dowd Junction retaining
wall repairs delayed during the pandemic, $1.7M to continue town-wide water quality
infrastructure projects, and $2.5M earmarked for Vail Recreation District facility maintenance
projects.
Please see the Real Estate Transfer Tax fund statement for a full list of all re-appropriations.
New requests/adjustments include the following:
During this evening’s meeting, Council received a presentation on the proposed Fire
Wise in Five program. Staff is proposing to include $100,000 per year over five years to
update town owned facilities to be in compliance with the new program.
$61,000 of additional funding for the Booth Falls restroom project. This was approved by
Council on March 1st. The total budget for this project is $466,000.
March 15, 2022 - Page 183 of 216
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$41,000 of additional funding for the turf reduction project at Ellefson Park and the Town
Manger residence. This project only received one bid during the RFP process and cost
estimated came is higher than expected. The total budget for this project is $201,000.
$35,000 of sidewalk repairs at Ellefson Park to corresponding with the turf reduction
project.
$25,000 Solar and Storage Feasibility Study. This study will explore the feasibility of
possible future solar infrastructure on town facilities and property.
$8,000 to analyze the engineering and electrical infrastructure needs for the Electric
Vehicle Readiness Plan with a goal of 30% town-wide electric vehicles by 2030 and
100% by 2050.
$5,000 to supply propane for the winter heaters that were added during 2020 and 2021
to allow for more outdoor gatherings during the pandemic. Going forward this will be
budgeted as part of ongoing operations.
$250K decrease of AIPP funds to be used towards the Ford Park Art Space ($850K total
budget)
The above adjustments will result in an estimated fund balance of $17.1 million at the end of
2022.
Housing Fund
Budgeted revenue will increase by $4,665,000. The majority of this increase ($4,075,000)
represents the new 0.5% sales tax dedicated to housing projects, programs, and initiatives. The
remaining $590,000 is a transfer from the Capital Projects Fund to purchase the East Vail
Lodging unit to be used for Town of Vail employee housing ($565,000) and capital maintenance
and upgrades on town-owned employee rental units ($25,000) .
With the passing of a dedicated sales tax for housing initiatives, developments and programs,
the Housing Fund will become a standalone fund rather than a subsidy fund of the Capital
Projects Fund. Staff will use the Housing Fund to track all housing purchases and programs,
however Town of Vail employee housing units will continue to be funded by transfers from the
Capital Projects Fund which preserves the new sales tax for community-wide projects and
programs.
Staff is also requesting to supplement budgeted expenditures by $3,729,943 of which
$3,353,943 represents re-appropriations of the town’s housing programs. This includes:
A carryforward of $1,329,334 allocated to the InDEED program.
$25,609 carryforward balance in the Buy Down Housing program.
$2,000,000 for Residences at Main Vail developer fees
$2,000,000 placeholder for the potential purchase of the CDOT owned parcel in east
Vail.
The above adjustments will result in an estimated fund balance of $4.1 million at the end of
2022.
Residences at Main Vail Fund
Budgeted revenue will increase by a $6,824,698 transfer from the Capital Projects Fund to
cover construction costs exceeding bonds proceeds. When planning for this project the town
had planned to cash fund a portion of this project. Total construction cost including contingency
March 15, 2022 - Page 184 of 216
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is estimated at $31.8 million, offset by financing of $25.0 million. Town Council will have an
opportunity at a later date to consider whether the future housing project should repay the
Capital Projects Fund for the $6.8M in funding.
Budgeted expenditures are proposed to increase by $28,429,320 of which $1,220,987
represents a re-appropriation from the 2021 budget. The additional $27,208,333 is for
construction costs.
Marketing Fund
Budgeted revenues will increase by a total of $78,985. This includes an increase of $152,500
offset by a $73,515 decrease in the transfer from the General Fund. The budget reflects a
$152,500 reimbursement from Vail Resorts which includes $125,000 for the seven-week Vail
Apre’ Spring Series ($150K total budget), $25,000 for a town-wide employee celebration and
concert scheduled for closing weekend ($75K total budget) and $2,500 for the Olympic watch
parties.
Budgeted expenditures are requested to be increased by a total of $78,985. This includes an
increase of $88,985 offset by a $10,000 decrease. Staff is requesting $63,935 of additional
funding for a 4th of July drone light show to replace a traditional fireworks display. The 10-minute
show would display 200 drones illumined, synchronized, and choregraphed in various aerial
formations. Staff is also requesting $25,000 for the end of season employee celebration. This
will be offset by a $25,000 Vail Resorts reimbursement. The Education and Enrichment budget
reflects a decrease of $10,000 to shift funding allocated to the Vail Valley Works Program out of
the contribution process. Instead, this will be funded as a contract service out of the Economic
Development operating budget in the General Fund. This will correspond with a decrease of
$10,000 in the transfer from the General Fund for event funding.
Heavy Equipment Fund
Staff is requesting to re-appropriate $490,796 for vehicle replacements budgeted in 2021.
During 2021 vehicles were difficult to order and/or unavailable due to supply chain issues and
increased demand.
Staff is also requesting $45,900 for a loader tire chain. This was ordered during 2021 was
delivery was delayed due to supply chain issues.
Dispatch Services Fund
The Dispatch Service Fund includes a re-appropriation for the final payment of the Eagle River
Fire Station’s alerting system integrated with the Dispatch CAD system. This will be reimbursed
by Eagle River Fire.
March 15, 2022 - Page 185 of 216
(Unaudited)
2021 2021 Favorable 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Local Taxes: 31,390,000$ 34,739,889$ 3,349,889$ 30,700,000$ 4,000,000$ 34,700,000$
Sales Tax Split b/t Gen'l Fund & Capital Fund 54/46 49/51 62/38 62/38
Sales Tax 17,050,000 17,050,000 - 19,034,000 2,480,000 21,514,000
Property and Ownership 6,055,000 6,016,105 (38,895) 6,014,631 6,014,631
Ski Lift Tax 5,375,000 5,518,980 143,980 5,448,196 100,000 5,548,196
Franchise Fees, Penalties, and Other Taxes 1,734,903 1,757,334 22,431 1,693,618 1,693,618
Licenses & Permits 2,603,513 2,923,534 320,021 2,186,704 2,186,704
Intergovernmental Revenue 2,807,802 3,113,361 305,559 2,350,723 265,000 2,615,723
Transportation Centers 6,378,000 7,159,695 781,695 6,608,758 550,000 7,158,758
Charges for Services 1,233,095 1,348,319 115,224 1,071,297 1,071,297
Fines & Forfeitures 225,642 269,803 44,161 206,566 206,566
Earnings on Investments 200,000 142,738 (57,262) 200,000 200,000
Rental Revenue 1,070,531 1,038,194 (32,337) 1,119,843 1,119,843
Miscellaneous and Project Reimbursements 242,235 493,087 250,852 251,000 53,934 304,934
Total Revenue 44,975,721 46,831,150 1,855,429 46,185,336 3,448,934 49,634,270
Expenditures
Salaries 21,505,003 20,770,044 734,959 23,041,583 1,275,000 24,316,583
Benefits 7,652,518 7,798,031 (145,513) 8,075,454 8,075,454
Subtotal Compensation and Benefits 29,157,521 28,568,075 589,446 31,117,037 1,275,000 32,392,037
7.9%
Contributions and Welcome Centers 376,030 340,681 35,349 284,611 284,611
Chilcare Program Funding - - - 250,000 250,000
All Other Operating Expenses 8,085,251 7,457,920 627,331 9,036,237 693,216 9,729,453
Heavy Equipment Operating Charges 2,721,209 2,319,016 402,193 2,816,503 2,816,503
Heavy Equipment Replacement Charges 831,728 909,338 (77,610) 971,764 971,764
Dispatch Services 616,306 616,306 - 652,938 652,938
Total Expenditures 41,788,045 40,211,337 1,576,708 45,129,090 1,968,216 47,097,306
Surplus (Deficit) from Operations 3,187,676 6,619,814 278,721 1,056,246 1,480,718 2,536,964
One-Time Items:
Federal Grants
ARP Transit Grant (Operating)- - - 337,234 337,234
CRRSAA Transit Grant (Operating)1,789,613 1,789,613 - 1,658,768 - -
CARES Transit Grant (Operating)450,000 229,274 (220,726) - - -
CARES Grant - 87,598 87,598 - - -
American Rescue Plan Grant - - - - 1,170,000 1,170,000
American Rescue Plan Initiatives - - - (585,000) (585,000) (1,170,000)
Planning Projects
Destination Stewardship Mgmt Plan (100,000) - 100,000 (100,000) (100,000) (200,000)
Vail 2050 Plan (100,000) - 100,000 (50,000) - (50,000)
Civic Area/Dobson Master Plan (85,000) - 85,000 (200,000) - (200,000)
West Vail Master Plan (412,149) (173,909) 238,240 (225,000) - (225,000)
Contributions Funded with Reserves
Vail Chapel - - - (500,000) - (500,000)
Mountain Travel Symposium - - - (158,000) - (158,000)
COVID-19
Gift Card Program (30,000) - 30,000 - - -
Winter Operations Tenting Program - - - - - -
COVID Economic Development Expenses (66,000) (1,208) 64,792 - - -
Digital Marketing Campaign "Work from Vail" (45,000) (39,957) 5,043 - - -
Vail Community Relief Fund (130,000) (114,000) 16,000 - - -
Commercial Rent Relief Program (500,000) (441,250) 58,750 - - -
Net Increase /(Decrease) due to One- Time Items: 771,464 1,336,160 564,696 (159,232) 822,234 (995,766)
Transfer to Marketing & Special Events Fund (2,206,974) (2,000,000) 206,974 (2,490,600) 73,515 (2,417,085)
Transfer to Other Funds (317,927) (317,927) - - - -
Surplus (Deficit) Net of Transfers and One-Time Items 1,434,239 5,638,047 4,203,808 (1,593,586) 2,376,467 (875,887)
Beginning Fund Balance 38,547,757 38,547,757 39,981,996 44,185,804
Ending Fund Balance 39,981,996$ 44,185,804$ 38,388,410$ 43,309,917$
As % of Annual Revenues 91% 100% 83% 87%
EHOP balance included in ending fund balance - not spendable 1,223,500$ 1,223,500$ 1,223,500$ 122,738$ 1,346,238$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
8
March 15, 2022 - Page 186 of 216
Includes New Request(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTotal Sales Tax Revenue: 31,390,000$ 34,739,889$ 3,349,889$ 30,700,000$ 4,000,000$ 34,700,000$ 2022: Flat with 2021 ActualsSales Tax Split between General Fund & Capital Fund62/38 49/51 62/38 62/38Sales Tax - Capital Projects Fund 14,340,000$ 17,689,889$ 3,349,889$ 11,666,000$ 1,520,000$ 13,186,000$ Sales tax split 62/38Use Tax 3,450,000 3,687,945 237,945 2,800,000 2,800,000 2022: Based on 5-year average with Park Meadows ProjectFranchise Fee 193,800 204,702 10,902 204,000 204,000 1% Holy Cross Franchise Fee approved in 2019; 2022-2035 based on 2% annual increaseOther State Revenue 1,975,207 1,999,160 23,953 - 2,328,149 2,328,149 2022: $2.1M CDOT grant for four electric buses; $255.7K CDOT grant for four electric bus chargers; $6K ARP library grant for additional book drop; 2021: $1.09M FASTER for electric bus chargers, $525 CDOT bus grant; $350K CDOT 50% match grant for bus transportation mgmt. systemLease Revenue 164,067 163,909 (158) 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement 1,911,000 113,822 (1,797,178) - 1,866,000 1,866,000 2022: Re-appropriate $1.5M traffic impact fee for Frontage Rd project, $15K reimbursement from Vail Health for new bus stop included in Frontage Rd project, and $351K ERWSD reimbursement for Frontage Rd. project; 2021: $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 Project; Timber Ridge Loan repayment 2,363,087 2,278,294 (84,793) 463,043 463,043 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028)Earnings on Investments and Other 38,978 113,291 74,313 112,865 112,865 2021: 0.7% returns assumed on available fund balanceTotal Revenue 24,436,139 26,251,012 1,814,873 15,409,975 5,714,149 21,124,124 FacilitiesFacilities Capital Maintenance 748,500 164,327 584,173 489,500 6,000 495,500 2022: $6K for additional library book drop at Safeway (reimbursement above); Fire Station interior paint ($35K), Fire Stations Radiant tube replacement ($25K); Library Skylight maintenance ($150K), PW roof repairs ($50K), Phase 3 of transit center skylight replacement ($50K); 2021: garage door replacements ($50K), PW boiler replacement ($20K), 2nd phase of transit center skylight replacement ($50K), Buzzard Park repairs ($41K)Municipal Complex Maintenance 630,234 500,000 130,234 835,000 714,407 1,549,407 2022: Re-appropriate $714.4K for Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K); 2021: Muni Admin air handlers ($225K), $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); Public Works Building Maintenance 300,000 300,000 - 300,000 300,000 2022: $300K to replace two HVAC units at Public WorksWelcome Center/Grandview Capital Maintenance 100,000 100,000 25,000 100,000 125,000 2022: $100K Furniture replacement in Vail Village Welcome CenterSnowmelt Boilers Replacement 1,000,000 132,871 867,129 500,000 867,129 1,367,129 2021-2023: Re-appropriate for replacement of TRC 8 electric boilers (2 per year)Donovan Pavilion Remodel 1,476,096 1,326,759 149,337 - 5,000 5,000 2022:Final Donovan Pavilion upgrades; 2021: Remodel and Upgrades to Pavilion; Relocation of HVAC systemPublic Works Shops Expansion 18,769,259 16,941,943 1,827,316 - 1,827,316 1,827,316 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.Total Facilities23,024,089 19,065,900 3,958,189 1,849,500 3,819,852 5,669,352 ParkingParking Structures 955,754 579,325 376,429 785,000 376,429 1,161,429 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsOversized Parking Area 100,000 100,000 2,000,000 100,000 2,100,000 2022: $100K for Design and survey costs for new oversized parking area; $2.0M placeholder for Construction of surface parking lotParking Entry System / Equipment 1,225,148 26,738 1,198,410 - 1,510,410 1,510,410 2021: Re-appropriate $1.2M for a new parking system; $312K for 5 year up front cost of subscription softwareTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 9 March 15, 2022 - Page 187 of 216
Includes New Request(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDRed Sandstone Parking Structure (VRA) 30,000 6,145 23,855 - 23,855 23,855 2022: Re-appropriate $23.8K to build fence at parking structureLionshead Parking Structure Landscape Renovations (VRA) 30,291 30,291 - 30,291 30,291 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacementTotal Parking2,341,193 612,208 1,728,985 2,785,000 2,040,985 4,825,985 TransportationBus Shelters 259,721 150,759 108,962 30,000 30,000 Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelterReplace Buses 3,455,822 3,448,464 7,358 - 6,000,000 6,000,000 2022: Move forward $6M from 2023 budget to purchase 6 electric buses; 2021: Re-appropriate $3.5M for buses ordered in 2020 with delivery in 2021Bus Transportation Management System 760,000 747,197 12,803 - - 2021: $760K 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; $60K Traffic Impact Fee and Transportation Master Plan Updates 330,000 23,215 306,785 - 306,785 306,785 2022: Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K)Hybrid Bus Battery Replacement 165,000 165,000 - 165,000 165,000 2022: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yetElectric bus chargers and electrical service rebuild 1,267,279 1,120,322 146,957 - 402,675 402,675 2022: Re-appropriate $147K for electric bus infrastructure; $255K additional funding from CDOT grant; 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 Transportation6,237,822 5,489,955 747,867 30,000 6,874,460 6,904,460 Road and BridgesCapital Street Maintenance 1,225,000 1,217,394 7,606 1,405,000 1,405,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K)Street Light Improvements 219,369 219,369 75,000 219,369 294,369 Town-wide street light replacementSlifer Plaza/ Fountain/Storm Sewer 73,417 2,000 71,417 - 71,417 71,417 2022: Re-appropriate $71.4K for water quality vault ongoing repairsVail Health / TOV Frontage Road improvements 7,500,000 4,112,180 3,387,820 - 3,387,820 3,387,820 2022: 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 PlanNeighborhood Bridge Repair - - - 100,000 100,000 2022: Move forward $100K from 2023 budget to begin design of Bighorn Rd Bridge rails and culvert replacement; $800K budgeted for construction in 2023Seibert Fountain Improvements 60,000 32,112 27,888 - 27,888 27,888 2022: Final payments for Fountain software system and valve upgrades at Seibert FountainRoundabout Lighting Project - - - 50,000 50,000 2022: Move forward $50K to design roundabout lighting project. The 2023 budget includes $2.5M and proposes to install new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such as traffic camerasNeighborhood Road Reconstruction 1,500,000 36,825 1,463,175 - 1,463,175 1,463,175 2022: Re-appropriate $1.5M for East Vail road Major Drainage Improvements constructionVail 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 Bridge11,827,786 5,400,511 6,427,275 1,480,000 6,569,669 8,049,669 TechnologyTown-wide camera system 30,022 30,022 30,000 30,000 60,000 $30K Annual maintenanceAudio-Visual capital maintenance 94,978 84,129 10,849 150,000 150,000 2022: Re-assessment and update of A/V and videoconferencing solutions town-wide ($132K); '$18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2021: $100K Welcome Center video wall replacement; Document Imaging 50,000 36,056 13,944 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 645,670 538,729 106,941 700,000 700,000 Annual software licensing and support for town wide systemsHardware Purchases 150,000 120,555 29,445 75,000 75,000 2021-2025: $75K for workstation replacements (20-25 per year); 2021: Time Clock Replacement ($125K); workstation replacements ($50K); 10 March 15, 2022 - Page 188 of 216
Includes New Request(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDWebsite and e-commerce 102,466 89,025 13,441 60,000 10,000 70,000 2022-2026: Annual website maintenance ($60K); $10K Re-appropriation to continue website migration to Granicus; 2021: $50K for new Vailgov.com website framework and website upgrades; Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24K; Fiber Optics / Cabling Systems in Buildings 597,215 926 596,289 50,000 575,000 625,000 2022-2025: Repair, maintain & upgrade cabling/network Infrastructure $50K; $575K re-appropriation to 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 StationNetwork upgrades 141,708 115,228 26,480 30,000 25,000 55,000 2022: Re-appropriate $25K for delayed wireless devices unable to order during 2021; Computer network systems - replacement cycle every 3-5 years; Data Center (Computer Rooms) 233,952 152,097 81,855 155,000 155,000 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodel; $30K annual maintenance; 2022: Includes $125K for Data Center equipment annual maint agreement (2 year agreement)Broadband (THOR) 94,800 93,616 1,184 94,800 94,800 2021-2024: $94.8K annual broadband expenses, potential future revenuesBusiness Systems Replacement 85,000 85,000 - 55,000 55,000 2022: HR Performance mgmt. system ($55K)Total Technology2,225,811 1,230,361 995,450 1,394,800 695,000 2,089,800 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 62,883 45,517 17,366 25,000 11,000 36,000 $25K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System";2022: Includes $11.0K for PD Brazos systemPublic Safety IT Equipment - - 25,000 25,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; Public Safety Equipment 200,808 201,864 (1,056) 74,305 74,305 2022: Gas masks ($14.5K), Livescan systems ($16.5K); PD truck sign ($13K), 2 additional event barriers ($30.7K); 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; $101.5K per year for body worn camera systemFire Safety Equipment 25,000 25,000 - 25,000 25,000 2022:Re-appropriate Wildland personnel protection equipment ($25K)Thermal Imaging Cameras - - 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriersFire Station Alert System - - 230,000 230,000 2022: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Deferred $198K from 2020Fire Truck Replacement 880,000 880,000 1,700,000 880,000 2,580,000 2022: Re-appropriate $880K for replacement of Engine I purchased in 2011 (Truck was ordered in 2021 but unable to be delivered); Replacement of Ladder truck (aerial apparatus) purchased in 2000 ($1.7M)Total Public Safety1,168,691 247,381 921,310 2,066,305 916,000 2,982,305 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation 2,987,992 2,732,447 255,545 - 255,545 255,545 2022: Re-appropriate $255K for final costs; 2021: $2.7M for temporarily relocation of the Children's Garden of LearningPepi's Memorial 20,000 20,000 - Pepi's Memorial in Pepi's Plaza ($20K)Energy Enhancements 223,847 162,554 61,294 - 61,294 61,294 2022: Re-appropriate $61.3K for Electric car charges and infrastructure at various town locationsPedestrian Safety Enhancements 25,000 25,000 - 25,000 25,000 2022: $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)Civic Area Redevelopment - - - 100,000 100,000 2022: $100K to explore outcomes of the Civic Center Master Plan such as feasibility studies / design (includes $50K for Dobson structural engineering study and $50K for preliminary Lot 10 park design)Underground Utility improvements 15,459 15,459 - 15,459 15,459 2022:$15.5K to finalize Big Horn underground utility projectGuest Services Enhancements/Wayfinding 25,482 1,175 24,307 - 24,307 24,307 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K)Rockfall Mitigation near Timber Ridge 40,679 40,679 - - 2021: $40.7M for annual rock wall maintenanceVehicle Expansion 40,000 40,000 434,500 40,000 474,500 2022: Re-appropriate $40K for new PD detective take-home vehicle unable to order in 2021; 5 (of 12) vehicles for PD take-home program, detective take-home vehicle; fire inspector vehicle, wildland crew vehicleTotal Community and Guest Service3,378,459 2,896,175 482,284 434,500 521,605 956,105 Total Expenditures 50,203,851 34,942,492 15,261,359 10,040,105 21,437,571 31,477,676 11 March 15, 2022 - Page 189 of 216
Includes New Request(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDOther Financing Sources (Uses)Debt Financing for Public Works shop 15,190,000 15,190,000 - - - Debt Issuance Cost (190,000) (185,265) 4,735 - - Debt Service Payment (1,155,905) (1,155,905) - (1,155,712) (1,155,712) Debt Payment for PW ShopsTransfer from Vail Reinvestment Authority 9,928,004 7,410,723 (2,517,281) 50,000 2,182,146 2,232,146 2022: $30.3K LH parking structure landscaping; $1.5M reimbursement for Frontage Rd roundabout; $256K to complete new CGL building; $23K for Red Sandstone parking structure safety fence; $350K LH electric snowmelt boiler; $50K LH parking capital maint; 2021: $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 $2.73MTransfer to Residences at Main Vail - - - (6,824,698) (6,824,698) Transfer to Residences at Main Vail FundTransfer to Housing Fund (4,500,000) (4,500,000) - (2,500,000) (590,000) (3,090,000) 2022: $565K for East Vail Lodging Unit; $25K employee housing capital maint; $2.5M InDeed; 2021: Transfer to Housing Fund; 2.5M per year; $2.0M for RMV Opportunity feeTransfer from General Fund 145,982 145,982 - - Total Other Financing Sources and Uses 19,418,081 16,905,536 (2,512,546) (3,605,712) (5,232,552) (8,838,264) Revenue Over (Under) Expenditures (6,349,631) 8,214,055 1,764,158 (20,955,974) (19,191,816) Beginning Fund Balance 41,177,524 41,177,524 34,827,893 49,391,579Ending Fund Balance 34,827,893 49,391,579 36,592,051 30,199,763 12 March 15, 2022 - Page 190 of 216
Includes New Request2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedReal Estate Transfer Tax 11,500,000$ 12,524,015$ 1,024,015$ 7,500,000$ 7,500,000$ 2022: Based on 5-year average; 2023-2035: 2% annual increaseGolf Course Lease 170,000 174,778 4,778 171,700 171,700 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue 327,500 58,155 (269,345) 20,000 350,000 370,000 2022: $20K lottery proceeds; 1st Supplemental: $50K reimbursement from VLMD for Welcome Center displays; $300K re-appropriation from ERWSD for Dowd Junction retaining wall; 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project; $20K lottery proceedsProject Reimbursements 11,200 26,554 15,354 101,200 101,200 2022: VRD reimbursement for annual Synexis, $90K reimbursement from the VLMD for DSMP Welcome Center displays (see project below); 2021: VRD Reimbursement for annual Synexis Maint.Donations 35,782 15,655 (20,127) - 42,433 42,433 2022 1st Supplemental: $10K donation from Doe Browning for Winterfest; $32.4K unused East West donation for Ford Park art space; 2021: $35.8K unused donation from East West for Ford Park art spaceRecreation Amenity Fees 85,000 86,145 1,145 10,000 10,000 2021: $75K of additional recreation amenity fees based on YTD collections; 10K annuallyEarnings on Investments and Other 61,536 159,542 98,006 132,460 132,460 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 12,191,018 13,044,843 853,825 7,935,360 392,433 8,327,793 Management Fee to General Fund (5%) 575,000 626,201 (51,201) 375,000 375,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 344,707 261,383 83,324 556,393 556,393 Operating budget for Wildland Fire crew; 2022 includes additional 2.3FTEWildfire Mitigation - 25,000 25,000 Implementation of Fuels Reductions projects and potential geological hazard study to update CWPP. NEPA for East Vail Hazardous Fuels Reduction - 50,000 50,000 Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction Project. This is a project which council has already voted to support, it consists of hazardous fuels reduction on USFS lands from East Vail to Red Sandstone RoadFire Wise in Five Program - - 100,000 100,000 Fire Wise in Five program- TOV facilitiesTotal Wildland344,707 261,383 83,324 631,393 100,000 731,393 ParksAnnual Park and Landscape Maintenance 2,029,103 1,886,598 142,505 2,135,540 5,000 2,140,540 Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000); $5K for propane for winter outdoor heatingVillage Holiday Lighting Design - - 185,000 185,000 2022: This includes the costs of a consultant to assist the town in identifying alternative holiday decorations from traditional trees decoration; purchase two pre-lit trees for Vail Village and Lionshead as an alternative to decoration live treesPark / Playground Capital Maintenance 171,401 171,401 125,000 35,000 160,000 2022: $35K sidewalk repair to Ellefson Park sidewalks to coincide with turf project; 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;2021: $125K annual Maint; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete projectMayors Park Capital Maintenance - - 50,000 50,000 2022: Replace flagstone at Mayors ParkTree Maintenance 85,888 85,888 75,000 75,000 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 Annual street furniture replacementVillage Landscape Enhancements - - 50,000 50,000 Landscaping Enhancements of areas identified in Vail Village for potential future sculptural placementCovered Bridge Pocket Park Rehabilitation 111,073 111,073 - - 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements 63,176 27,355 35,821 - 35,821 35,821 2022: Re-appropriate $35.8K for interpretive signage, playground equipment, and landscaping; 2021: $63.2K for Stephens Park safety improvements; transfer $30 from park capital maint Ford Park Master Plan 47,000 44,222 2,779 150,000 (44,201) 105,799 2022: Reduce $47K moved up in 2021 budget from 2022; re-appropriate 2.3K; Master Plan Revisions/Updates to address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion, conversion of fields to turfFord Park- Betty Ford Way Pavers - - 1,200,000 1,200,000 2022: Construction of new concrete unit paver roadway, new steel guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with BFAGFord Park Enhancement: Priority 3 Landscape area 75,000 69,054 5,946 - 5,946 5,946 2022: $5.9K for landscaping at the Nature Center bridge; 2021: $75K for landscaping around playground ad basketball courtFord Park Playground Improvements 200,000 200,000 - 200,000 200,000 2022: 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)TOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 13 March 15, 2022 - Page 191 of 216
Includes New Request2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Ford Park Lighting Control System - - 180,000 180,000 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. OldSunbird Park Fountain Repairs 15,000 11,570 3,430 - 3,430 3,430 2022: Re-appropriate $3.4K for final bills; 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kidsVail Transit Center Landscape 32,817 32,817 - 32,817 32,817 2022: $32.8K for completion of landscaping at Vail transit centerTurf Grass Reduction 10,000 1,313 8,688 150,000 49,688 199,688 2022: $150K Continuation of turf reduction at Ellefson park, turf replacement at TM residences and Red Sandstone Underpass; $41K increase in cost over estimate; $8.7K re-appropriation; 2021: $10K Begin turf reduction project at Ellefson parkPlayground/Park Roofing Replacements 75,000 27,300 47,700 - - 2021: Replacing cedar shake roofs at Ford Park, Ellefson Park, and Buffher Creek Park to address fire safetyKindell Park/Mill Creek175,000 25,138 149,862 - 149,862 149,862 2022: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship parkDonovan Park Improvements - - 35,000 35,000 2022: Relandscaping on Donovan Park parking lot islandsBig Horn Park Improvements 55,000 51,032 3,968 - - 2021: Safety Improvements to Bighorn park including stairway/handrails and resurfacing near picnic tables and grills ($55K)Gore Creek Promenade Rehabilitation - - 370,000 370,000 2022: Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket ParkTotal Parks3,230,458 2,143,582 1,086,876 4,790,540 473,363 5,263,903 Rec Paths and TrailsRec. Path Capital Maint 129,717 115,809 13,908 159,717 159,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path systemBike Safety - - 15,000 15,000 $15K annual cost for bike safety programsBike Path Signage - - 35,000 35,000 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfindingPedestrian Bridge Projects - - 400,000 400,000 2022-2027: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass; Vail Valley Drive Path Extension: Ford Park to Ptarmigan 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 Building42,659 32,552 10,107 - - 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathAdvisory Bike Lanes on Vail Valley Drive 75,000 75,000 - - 2021: Add an advisory bike lane on Vail Valley DriveGore Valley Trail Bridge Replacement (ERWSD) 40,000 40,000 40,000 40,000 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD)Gore Valley Trail Realignment 124,428 46,393 78,036 - 2021: $124.4K for Gore Valley trail re-alignment design; 2022: $2.3M for construction to realign Gore Valley Trail- cost share with Vail ResortsGore Valley Trail Fence Replacement at Dowd Junction 50,000 50,000 - 50,000 50,000 2022: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence projectEast Vail Interchange Improvements 253,818 44,375 209,443 - 209,443 209,443 2022: Re-appropriate $253K to continue East Vail interchange projectDowd Junction repairs and improvements 799,155 799,155 - 799,155 799,155 2022: Continue Re-stabilization of Dowd Junction retaining wall ($799.2K); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSDBooth Lake Trailhead Parking Restroom 230,000 27,050 2,950 375,000 63,950 438,950 2022: Installation of permanent restroom at Booth Lake trailhead for hikersTotal Rec Paths and Trails1,787,436 266,178 1,321,258 984,717 1,162,548 2,147,265 Recreational FacilitiesNature Center Operations 90,000 80,898 9,102 106,187 106,187 Nature Center operating costs(Contract with Walking Mountains)Nature Center Capital Maintenance 55,165 55,165 38,690 55,165 93,855 2022: Re-appropriate $55K placeholder for nature center maint and repairs; Wood siding and trim repairs ($11.4K), open rail fencing replacement ($13.4K)Nature Center Redevelopment 383,522 383,522 - 383,522 383,522 2022: $383.5K for further planning and design for a nature center remodelGolf Clubhouse & Nordic Center 24,809 21,214 3,595 - - 2021: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetLibrary Landscape and reading area - - 100,000 100,000 2022: Exterior landscaping and site work enhancements for an outdoor reading areaTotal Recreational Facilities553,496 102,112 451,384 244,877 438,687 683,564 EnvironmentalEnvironmental Sustainability 621,255 504,012 117,243 651,505 651,505 Annual operating expenditures for Environmental department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.14 March 15, 2022 - Page 192 of 216
Includes New Request2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Recycling and Waste Reduction Programs 213,376 163,797 49,579 240,000 20,320 260,320 2022: Re-appropriate $20.3K for pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers Market Zero Hero ($42K); Recycling Education ($17.5K); 2021: Green Team ($2.5K), Eagle County Recycling Hauls ($25K), Zero Hero ($25K), Actively Green ($40K); Recycling Education ($30K); Ecosystem Health 280,327 134,226 146,101 321,500 321,500 2021: 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); 2022: CC4A ($3K), Biodiversity Study ($150K), Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat Improvements ($102.5K)Energy & Transportation 94,981 68,852 26,129 55,000 34,049 89,049 2022: $25K for Solar feasibility study; $8K EV planning and analysis; Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K); 2021: Continue E-Bike pilot program ($25K), Energy Smart Partnership ($40K), Sole Power ($7.5K) 2021: 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)E-Bike Programs - - 193,000 193,000 Town of Vail E-bike share program ($175K); E-Bike Ownership Model Program ($18K)Streamtract Education/Mitigation 70,000 43,166 26,834 50,000 50,000 2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge and storm drain art; 2021 also includes $20K re-appropriation for additional educationWater Quality Infrastructure 1,805,116 88,575 1,716,541 300,000 1,716,541 2,016,541 2022: Re-appropriate for water quality infrastructure; $300K for snow dump cleanout and West Vail drainage grate replacement; 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 250,000 143,783 106,217 100,000 25,000 125,000 2021-2024 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above.Private Streambank Mitigation Program - - 150,000 150,000 Private streambank mitigation program funding placeholderGore Creek Interpretive Signage 150,825 48,750 102,075 175,000 50,000 225,000 2022: $225K for watershed map and installation at the Gore Creek Promenade; 2021: Re-appropriate $150.8K for Gore Creek Interpretive signage projectWelcome Center Educational Displays - - 150,000 50,000 200,000 DSP educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMDPW Solar Project 1,100,000 481,127 618,873 - - 2021: Installation of solar panels at Public Works Shops deferred from 2020Ford Park Amphitheater Solar Panels - - 100,000 100,000 2022: 50/50 cost share with the VVF for roof solar panelsOpen Space Land Acquisition 500,000 5,197 494,804 - - 2022-2025: $250K annual set aside for purchase of open space; 2021 includes additional $250K deferred from 2020Total Environmental5,085,880 1,681,485 3,404,396 2,486,005 1,895,910 4,381,915 ArtPublic Art - Operating 128,617 119,784 8,833 136,586 136,586 Art in Public Places programming and operationsPublic Art - General program / art 635,952 16,992 618,960 60,000 368,960 428,960 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds; $618K Re-appropriation less $250K AIPP fund used towards Ford Park Art StudioPublic Art - Winterfest 53,124 28,378 24,746 30,000 34,746 64,746 2022: $64.7K for annual Winterfest programmingSeibert Memorial Statue 17,150 4,458 12,692 - 12,692 12,692 2022: $12.7K for Pete Seibert Memorial statue maintenanceArt Space 35,782 3,350 32,433 850,000 32,433 882,433 2022: Design phase for Ford Park art space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds Total Art870,625 172,961 697,664 1,076,586 448,831 1,525,417 CommunityCouncil Contribution: Betty Ford Alpine Garden Support 63,985 63,985 - 74,649 74,649 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 - 42,000 42,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Adopt A Trail 4,590 4,590 - 17,500 17,500 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 - - - Contribution request to repair ADA pathways ($6K) and upgrade irrigation system ($19K)Total Contributions129,575 129,575 - 139,149 - 139,149 VRD-Managed Facilities & MaintenanceRecreation Enhancement Account 711,665 711,665 171,700 711,665 883,365 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Recreation Facility Maintenance 36,200 2,800 33,400 - 22,000 22,000 2021: Annual $25K for general RETT facility maintenance; $11.2K Synexis Maint15 March 15, 2022 - Page 193 of 216
Includes New Request2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Golf Clubhouse 20,260 10,763 9,496 - 9,496 9,496 2021: Wood Trim repairs ($20.2K)Athletic Field Restroom/Storage Building - - 1,000,000 1,000,000 2022: Placeholder for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage buildingGolf Course - Other 725,800 397,322 328,478 41,273 328,478 369,751 2022: VRD shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K); 2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not completed; course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M)Dobson Ice Arena 595,847 11,605 584,242 30,514 584,242 614,756 2022: Rockwall Repairs ($12.8M), concrete walkways ($17.7K); 2021: Re-appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), 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 ($80.0K)Ford Park / Tennis Center Improvements 141,043 3,467 137,576 37,934 137,576 175,510 2022: Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); 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 115,716 115,716 123,510 115,716 239,226 2022: Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K); '2021: Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K) Gymnastics Center 240,043 4,804 235,239 47,550 235,239 282,789 2022: Restroom remodel ($42.6K); 2021: Cooling systemTotal VRD-Managed Facilities & Maintenance2,586,574 430,761 2,155,813 1,452,481 2,144,412 3,596,893 Total Expenditures 15,163,751 5,814,238 9,149,513 12,180,749 6,663,751 18,844,500 Revenue Over (Under) Expenditures (2,972,733) 7,230,605 (4,245,389) (6,271,318) (10,516,707) Beginning Fund Balance 20,353,073 20,353,073 17,380,340 27,583,678Ending Fund Balance17,380,340$ 27,583,678$ 13,134,952$ 17,066,972$ 16 March 15, 2022 - Page 194 of 216
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorbale) Budget Supplemental Amended
Revenue
Housing Sales Tax -$ -$ -$ -$ 4,075,000$ 4,075,000$
Housing Fee in Lieu Annual Collections 34,112 34,112 - - -
Transfer in from Capital Projects Fund 4,500,000 4,500,000 - 2,500,000 590,000 3,090,000
Workforce Housing Sales 1,067,400 1,054,110 (13,290) - -
Total Revenue 5,601,512 5,588,222 (13,290) 2,500,000 4,665,000 7,165,000
Expenditures
Housing Programs
InDeed Program 2,258,896 929,562 1,329,334 2,500,000 1,329,334 3,829,334
Buy Down Housing 34,112 3,588 30,524 - 25,609 25,609
Chamonix unit 520,703 536,974 (16,271) - --
Vail Heights Unit 410,162 417,836 (7,674) - --
TOV Employee Housing
Town of Vail Rental Inventory 34,612 - 34,612 - - -
Black Gore Creek Property 2,142,500 2,144,791 (2,291) - - -
East Vail Lodging Unit - - - - 565,000 565,000
Employee Housing Capital Maintiance - - - - 25,000 25,000
Construction Housing Projects
Residences at Main Vail Opportunity Fee 3,500,000 1,500,000 2,000,000 - 2,000,000 2,000,000
Land Purchases for future Housing
East Vail CDOT Parcel 2,000,000 - 2,000,000 - 2,000,000 2,000,000
Total Expenditures 10,900,985 5,532,752 5,368,233 2,500,000 5,944,943 8,444,943
Operating Income (5,299,473) 55,470 (5,354,943) - (1,279,943) (1,279,943)
Beginning Fund Balance 5,299,473 5,299,473 - 5,354,943
Ending Fund Balance -$ 5,354,943$ -$ (1,279,943)$ 4,075,000$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
17
March 15, 2022 - Page 195 of 216
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Business Licenses 335,000$ 337,622$ 2,622$ 345,000$ 345,000$
Transfer in from General Fund 2,206,974 2,000,000 (206,974) 2,490,600 (73,515) 2,417,085
Event Reimbursements/Shared Costs - - - - 152,500 152,500
Earnings on Investments 2,000 2,000 - 1,000 1,000
Total Revenue 2,543,974 2,339,622 (204,352) 2,836,600 78,985 2,915,585
Expenditures
Commission on Special Events (CSE)
CSE Funded Events 625,344 610,457 14,887 759,648 759,648
CSE Surveys 54,000 54,000
Education & Enrichment 166,530 160,530 6,000 154,530 (10,000) 144,530
Signature Events:
Bravo!210,355 210,355 - 311,657 311,657
Vail Jazz Festival 75,000 75,000 - 85,000 85,000
Vail Valley Foundation - Mountain Games 98,000 98,000 - 140,000 140,000
Vail Valley Foundation - GRFA 52,500 52,500 - 55,125 55,125
Vail Valley Foundation - Dance Festival 38,245 38,245 - 60,000 60,000
Snow Days 300,000 300,000 - 300,000 300,000
Spring Back to Vail - - 300,000 (300,000) -
Town Produced Events:
Vail Apre Spring Series - - - - 250,000 250,000
Employee Celebration & Concert - - - - 75,000 75,000
Magic of Lights 50,000 50,000 - 50,000 50,000
Revely Vail 145,000 114,735 30,265 145,000 145,000
Vail Holidays Funding 25,000 23,435 1,566 25,000 25,000
Vail America Days 80,000 33,392 46,608 80,000 80,000
NYE/4th of July Display 36,000 16,000 20,000 52,015 63,985 116,000
Ambient Event Funding:
Music in the Villages 300,000 300,000 - 250,000 250,000
Culteral Heritage:
Summervail 40,000 40,000 - - -
Other Council Funded Events
Powabunga 300,000 180,080 119,920 - -
Collection Fee - General Fund 16,750 16,881 (131) 17,250 17,250
Total Expenditures 2,558,724 2,319,609 239,115 2,839,225 78,985 2,918,210
Revenue Over (Under) Expenditures (14,750) 20,013 34,763 (2,625) - (2,625)
Beginning Fund Balance 387,124 387,124 372,374 407,137
Ending Fund Balance 372,374$ 407,137$ 369,749$ 404,512$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING & SPECIAL EVENTS FUND
18
March 15, 2022 - Page 196 of 216
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Investment Earnings -$ 261$ 261$ -$ -$
Total Revenue - 261 261 - -
Expenses
Capital Outlay 3,353,400 2,132,413 1,220,987 - 28,429,320 28,429,320
Total Expenditures 3,353,400 2,132,413 1,220,987 - 28,429,320
Revenue Over Expenses (3,353,400) (2,132,153) 1,221,247 - (28,429,320)
Other Financing Sources (Uses)
Debt Proceeds 22,260,000 22,260,000 - - -
Premium on Debt Issuance 3,076,530 3,020,230 (56,301) - -
Original Issuance Discount (56,300) (111,300) (55,000) - -
Debt Issuance Cost (280,230) (125,596) 154,634 - -
Fiscal Agent fees (2,800) (2,800) - - -
Principal Repayment - - - (315,000) (315,000)
Interest Expense (83,181) (83,181) - (905,578) (905,578)
Transfer from Capital Projects Fund - - - - 6,824,698 6,824,698
Total Other Financing Sources (Uses)24,914,019 24,957,353 43,334 (1,220,578) 6,824,698 5,604,120
Change in Net Position 21,560,619 22,825,200 1,264,581 (1,220,578) (22,825,200)
Net Position- Beginning - - 21,560,619 22,825,200
Net Position- Ending 21,560,619$ 22,825,200$ 20,340,041$ -$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
19
March 15, 2022 - Page 197 of 216
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Town of Vail Interagency Charge 3,650,378$ 3,317,946$ 332,432$ 3,897,518$ 3,897,518$
Insurance Reimbursements & Other 10,000 17,972 7,972 10,000 10,000
Federal Grants - 3,569 3,569 - -
Earnings on Investments 7,900 1,300 (6,600) 2,000 2,000
Equipment Sales and Trade-ins 241,730 233,224 (8,506) 126,890 126,890
Total Revenue 3,910,008 3,574,012 (335,996) 4,036,408 4,036,408
Expenditures
Salaries & Benefits 1,141,741 1,024,298 117,443 1,224,934 1,224,934
Operating, Maintenance & Contracts 1,550,424 1,223,928 326,496 1,850,198 45,900 1,896,098
Capital Outlay 1,383,388 892,592 490,796 1,055,000 490,796 1,545,796
Total Expenditures 4,075,553 3,140,819 934,734 4,130,132 536,696 4,666,828
Revenue Over (Under) Expenditures (165,545) 433,193 598,738 (93,724) (536,696) (630,420)
Beginning Fund Balance 2,284,412 2,284,412 2,118,867 2,717,605
Ending Fund Balance 2,118,867$ 2,717,605$ 2,025,143$ 2,087,185$
(Unaudited)
2021 2021 Favorable/ 2022
Amended Actual (Unfavorable) Budget
Revenue
Town of Vail Interagency Charge - Premiums 4,600,000$ 4,600,000$ -$ 4,748,921$
Employee Contributions 897,000 881,530 (15,470) 963,081
Insurer Proceeds 20,000 33,725 13,725 30,000
Earnings on Investments 35,000 2,760 (32,240) 35,000
Total Revenue 5,552,000 5,518,015 (33,985) 5,777,002
Expenditures
Health Insurance Premiums 1,470,142 1,382,167 87,975 1,838,004
Claims Paid 4,557,453 3,650,785 906,668 4,607,721
Professional Fees 43,328 43,179 149 58,820
Total Expenditures 6,070,923 5,076,131 994,792 6,504,545
Revenue Over (Under) Expenditures (518,923) 441,884 (1,028,777) (727,543)
Beginning Fund Balance 4,216,989 4,216,989 4,658,873
Ending Fund Balance 3,698,066$ 4,658,873$ 3,931,330$
HEALTH INSURANCE FUND
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
TOWN OF VAIL 2022 BUDGET
20
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(Unaudited)
2021 2021 Under/(Over) 2022 1st 2022
Amended Actual Budget Budget Supplemental Amended
Revenue
E911 Board Revenue 874,606$ 874,606$ -$ 956,272$ 956,272$
Interagency Charges 1,224,336 1,224,136 (200) 1,298,899 1,298,899
Other State Revenues 43,252 73,817 30,565 - -
Other County Revenues 311,980 284,097 (27,883) - 10,506 10,506
Town of Vail Interagency Charge 616,306 616,306 - 652,938 652,938
Earnings on Investments and Other 5,000 1,194 3,806 2,000 2,000
Total Revenue 3,075,480 3,074,156 6,289 2,910,109 10,506 2,920,615
Expenditures
Salaries & Benefits 2,358,949 2,194,224 164,726 2,376,337 2,376,337
Operating, Maintenance & Contracts 650,102 443,290 206,812 555,065 555,065
Capital Outlay 648,268 634,859 13,409 20,174 10,506 30,680
Total Expenditures 3,657,319 3,272,373 384,946 2,951,576 10,506 2,962,082
Revenue Over (Under) Expenditures (581,839) (198,217) 383,622 (41,467) - (41,467)
Transfer In from General Fund 171,945 171,945 - - -
Beginning Fund Balance 1,863,233 1,863,233 1,453,340 1,665,016
Ending Fund Balance 1,453,339$ 1,665,016$ 1,411,873$ 1,623,549$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
21
March 15, 2022 - Page 199 of 216
2021 2021 Favorable/ 2022
Amended Actual (Unfavorable) Budget
Revenue
Rental Income 1,730,243$ 1,734,323$ 4,080$ 1,812,841$
Other Income 20,595 28,752 8,157 20,219
Total Revenue 1,750,838 1,763,075 12,237 1,833,060
Expenditures
Operating, Maintenance & Contracts 510,745 501,148 9,597 486,516
Capital Outlay 25,000 11,216 13,784 7,050
Total Expenditures 535,745 512,364 23,381 493,566
Operating Income 1,215,093 1,250,711 35,618 1,339,494
Non-operating Revenues (Expenses)
Interest on Investments 2,000 114 (1,886) 480
Loan Principal Repayment to Capital Projects Fund (2,283,969) (2,283,969) - (389,728)
Interest Payment to Capital Projects Fund (79,118) (76,951) 2,167 (73,315)
Total Non-operating Revenues (Expenses)(2,361,087) (2,360,806) 281 (462,563)
Revenue Over (Under) Expenditures (1,145,994) (1,110,095) 35,899 876,931
Beginning Fund Balance 2,293,309 2,293,309 1,183,214
Ending Fund Balance 1,147,315$ 1,183,214$ 2,060,145$
TOWN OF VAIL 2022 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TIMBER RIDGE FUND
22
March 15, 2022 - Page 200 of 216
Ordinance No. 3, Series of 2022
ORDINANCE NO. 3
SERIES OF 2022
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND
RESIDENCES AT MAIN VAIL FUND OF THE 2022 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 2022 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
21, Series of 2021, adopting the 2022 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 2022 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 2,579,701
Capital Projects Fund 28,852,269
Real Estate Transfer Tax Fund 6,663,751
Housing Fund 5,944,943
Marketing Fund 78,985
Heavy Equipment Fund 536,696
Dispatch Services Fund 10,506
Residences at Main Vail Fund 28,429,320
Interfund Transfers (7,341,183)
Total $ 65,754,988
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
March 15, 2022 - Page 201 of 216
Ordinance No. 3, Series of 2022
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 15th day of March 2022, and a public hearing shall be held on this Ordinance
on the 5th day of April, 2022, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Kim Langmaid, Mayor
ATTEST:
___________________________
Tammy Nagel, Town Clerk
March 15, 2022 - Page 202 of 216
2022 SUPPLEMENTAL BUDGET FINANCE | March 15, 2022March 15, 2022 - Page 203 of 216
2YEAR END RESULTS | OverviewTown of Vail | Finance | 3/15/2022REVENUEAcross all funds revenues total $139.8M; $82.4 million excluding debt proceeds and large one-time grants and reimbursements; up $12.9M from 2020 and up $9.4M from 2019.Sales Tax: $34.7M, up 19% or $5.5M from 2019RETT:$12.5M, up 19.9% from 2020, a previous recordLift Tax: $5.5M, up 3.3% or $177.6K from 2019Parking: $7.2M up 6.5% or $438.8K from 2019Sales Tax, 34.7MProperty and Ownership Tax, 6.0MUse Tax, 3.7MSki Lift Tax and Franchise Fees, 7.5MReal Estate Transfer Tax, 12.5MLicenses and Permits, 3.4MIntergovernmental Revenue, 8.5MTransportation Centers, 7.2MCharges for Services, 1.9MRent, Fines & Miscellaneous, 6.3MReimbursed from VRA , 7.4MDebt Procceds, 40.5MEarnings on Investments, 194.5KMarch 15, 2022 - Page 204 of 216
3YEAR END RESULTS | OverviewTown of Vail | Finance | 3/15/2022EXPENDITURESAcross all funds expenditures totaled $96.1 millioncompared to $132.0M budget.Savings -$7.7M• Personnel Vacancies: $970K• Capital Projects: $2.7M• General Operating: $2.3M• Event Spending: $239K• Health Insurance Claims: $995K• Delayed Planning Projects: $523KCapital Project Re-appropriations $28.2M• Public Works Shops Expansion• Residences at Main Vail• New Parking Entry System• Frontage Rd Roundabout• Water Quality InfrastructureMunicipal Services, 48.1MCapital Improvements, 43.6MDebt Service, 1.7MWhere the Money GoesMarch 15, 2022 - Page 205 of 216
4YEAR END RESULTS | General FundTown of Vail | Finance | 3/15/2022Revenue – Increase mainly due parking sales ($782K), lift tax ($144K), and construction fees ($320K); All of sales tax overage ($3.3M) allocated to Capital Projects FundExpenditures – Savings in staffing: $589.4K ($970.7K town-wide); Special events $207K; all other operations $663K; HEF transfer $324.6; carry over of planning projects $523KFund Balance – Budgeted to add $1.4M to reserves; Actual results: Added $5.6M back into reserves, which total $44.2M at end of 2021 and $43.3M at the end of 2022 (87% of annual revenues)Final Budget2021ActualBetter(Worse)2019ActualBetter(Worse)Revenue $47.2M $48.9M $1.7M $43.7M $5.2MExpenditures (43.3)M (40.9)M 2.4 M (38.7)M (2.2)MTransfers & Financing(2.5)M (2.3)M 0.2M (2.8)M 0.5MNet Change $1.4M $5.7M $4.3M $2.2M $3.5MMarch 15, 2022 - Page 206 of 216
5YEAR END RESULTS | Capital Projects FundTown of Vail | Finance | 3/15/2022Revenue – Variance due to increased sales tax of $3.3M offset by deferral of reimbursements for Frontage Rd project when completedExpenditures – Variance for approved projects not yet completed and carried over to 2022 $14.6M; $658K in project savings during 2021Debt Service- $15.2M of debt proceeds for the PW shops building combined with a $1.3M issuance, principal, and interest paymentsTransfers– VRA funding of Lionshead projects; Housing FundFund Balance - $49.4M at end of 2021 but utilizing $19.2M of that in 2022Final Budget2021ActualBetter(Worse)2019ActualBetter(Worse)Revenue $24.4M $26.3M $1.9M $19.8M $6.5MExpenditures (50.2)M (34.9)M 15.3M (20.3)M (14.6)MDebt Service 13.8M 13.8M - - 13.8MTransfers 5.6M 3.1M (2.5)M 3.8M (0.7)MNet Change $(6.4)M $8.3M $14.7M $3.3M $5.0MMarch 15, 2022 - Page 207 of 216
6YEAR END RESULTS | Real Estate Transfer Tax FundTown of Vail | Finance | 3/15/2022Revenue –Record RETT collections of $12.5M up 19.9% from 2020Expenditures –Variance for approved projects not yet completed and carried over to 2022 $6.6M; $187.4K operating savings; 2.0M in project savings during 2021Fund Balance ‐$27.6M at end of 2021 but will utilize $10.5M of that in 2022Final Budget2021ActualBetter(Worse)2019ActualBetter(Worse)Revenue $12.2M $13.0M $0.8M $8.2M $4.8MExpenditures (15.2)M (5.8)M 9.4M (6.4)M 0.6MNet Change $(3.0)M $7.2M $10.2M $1.8M $5.4MMarch 15, 2022 - Page 208 of 216
2022 SUPPLEMENTAL BUDGET | Budget RequestsTown of Vail | Finance | 03/15/2022March 15, 2022 - Page 209 of 216
82022 BUDGET SUPPLEMENTAL | OverviewTown of Vail | Finance | 3/15/2022Proposes to increase revenues by $17.5M• $4.0M increase to Sales Tax budget flat with 2021 actual collections• $4.1M 0.5% Housing Sales Tax• $2.1M CDOT bus grant for electric buses• $550K increase in Parking sales flat with 2021 actual collections• $1.2M American Rescue Plan grant earmarked for qualifying initiatives• $3.7M of reimbursements based on project timing•Requesting to increase expenditures by $65.7M:• Re-appropriation of capital projects ($28.2M)• Residences at Main Vail ($27.2M)• $1.25M for new compensation strategy• $6.0M from 2023 budget to order buses for delivery in 2023 (offset by CDOT grant)•2022 Amended Budget will utilize a projected $32.6M of Reserves plus $22.8M in debt proceedsMarch 15, 2022 - Page 210 of 216
92022 BUDGET SUPPLEMENTAL | General FundTown of Vail | Finance | 3/15/2022Revenue $5.0M Expenditures $2.6MRevenue• $2.5M allocated of $4.0M of sales tax• $100K Lift Tax; flat with 2021 actuals• $550K Parking sales revenue; flat with 2021 actuals• $1.2M ARP grant Expenditures• Compensation strategy ($1.25M)• Destination Stewardship Management Plan ($100K) reimbursed by the Vail Local Marketing District ; Total Budget: $200K• County-Wide PD victim/offender trauma Intervention Program ($150K over three years) reimbursed by DOJ grant• Continuation of Loading and Delivery program ($374K)• American Rescue Plan initiatives ($585K- Total of $1.2M)Ending Fund Balance: $43.3MMarch 15, 2022 - Page 211 of 216
102022 BUDGET SUPPLEMENTAL | Capital Projects FundTown of Vail | Finance | 3/15/2022Revenue: $7.9M Expenditures: $28.9MRevenue• $1.5M allocated (38%) of $4.0M increase in sales tax• $2.1M CDOT bus grant• $256K CDOT electric bus charger grantNew requests ($14.3M):• $6.0M from 2023 budget to order buses for delivery in 2023 (offset by CDOT grant)• $312K 5-year subscription for new parking software• $100K Civic Area plan outcomes (Lot 10 Park and Dobson engineering study)• $6.8M towards Residences at Main (project cost exceeding bond proceeds)Re-appropriations ($14.6M):• Frontage Rd roundabout ($3.4M); offset by VRA reimbursement, Traffic Impact fees, ERWSD reimbursement• Parking Entry System ($1.2M)• Public Works Shops remodel and expansion ($1.8M)• Village snowmelt upgrades ($1.3M)Ending Fund Balance: $30.2MMarch 15, 2022 - Page 212 of 216
112022 BUDGET SUPPLEMENTAL | RETT FundTown of Vail | Finance | 3/15/2022Revenue: $392.4K Expenditures: $6.7MNew requests ($335K):• $100K Fire Wise in Five Program implementation at TOV facilities• $61K additional funding for Booth Falls Trail Restroom(approved by Council on 3/1)• $41K additional funding for turf reduction at Ellefson Park and TM house• $25K Town solar feasibility studyRe-appropriations ($6.6M):• Water Quality infrastructure ($1.7M)• VRD shared maintenance ($2.5M)• Art Programs ($969K)• Dowd Junction retaining wall ($700.6K); Reimbursement from ERWSD ($300K)Ending Fund Balance: $17.1MMarch 15, 2022 - Page 213 of 216
122022 BUDGET SUPPLEMENTAL | Other FundsTown of Vail | Finance | 3/15/2022RevenueHousing Fund- $4.1M 0.5% Housing Sales TaxMarketing Fund- $152K event reimbursement from Vail Resorts New Requests:Housing Fund: $565K for East Vail Lodging employee unit (funded by CPF)Residences at Main Vail- $27.2M Construction CostsMarketing Fund- $64K additional funding for drone show ($100K total)Re-appropriations:Housing Fund: $5.4M for Housing programs (includes $1.3M for Vail InDeed, $2.0M for potential purchase of CDOT East Vail Parcel)Residences at Main Vail: $1.2MHeavy Equipment Fund: $576.5K Fleet service vehicleMarch 15, 2022 - Page 214 of 216
SUPPLEMENTAL BUDGET | RecapTown of Vail | Finance | 3/15/2021Does Council have questions or concerns about any of the supplemental requests or re-appropriations?March 15, 2022 - Page 215 of 216
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 9:25 pm (estimate)
March 15, 2022 - Page 216 of 216