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HomeMy WebLinkAbout2022-09-06 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 1.1 Citizen Participation 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1 August 2, 2022 Town Council Meeting Minutes 3.2 August 16, 2022 Town Council Meeting Minutes 3.3 August 23, 2022 Town Council Special Meeting Minutes 3.4 Master Lease of 4081 Bighorn Road Unit 14i Authorize the Town Manger to enter into a yearly master lease for 4081 Bighorn Road Unit 14 i in an amount not to exceed $56,400. 3.5 Contract Award to AVI-SPL for Council Chambers A/V Upgrade Authorize Town Manager to enter into a contract approved by the Town Attorney with AVI-SPL not to exceed $105, 312.01. Background: Upgrade the Town of Vail audio visual systems in the Town Council Chambers. VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers 6:00 PM, September 6, 2022 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council 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 concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. citizen participation 1.pdf 080222 TC.pdf 08162022TC.pdf 08232022 SPECIAL TC.pdf Council memo Master lease 090622.docx ChambersAVI-SPLAgreement.pdf 1 3.6 Letter of Support on the “Camp Hale - Continental Divide National Monument” Approve, approve with modifications the Letter of Support on the “Camp Hale - Continental Divide National Monument" and direct staff to forward to appropriate parties. Background: At the Council’s request, staff is providing the background for a proposed letter to President Biden urging support of the CORE Act and the designation of Camp Hale and the Tenmile Range as a National Monument. 4.Town Manager Report (10 min.) 5.Presentations/Discussion 5.1 Go Vail 2045 Mobility Master Plan Update 40 min. Listen to Presentation, take public comment and provide any feedback on the recommended vision statement. Presenter(s): Tom Kassmel, Town Engineer Background: The Town of Vail has hired Fehr & Peers consultant team to complete a Vail Mobility & Transportation Master Plan, branded GO Vail 2045. The project kicked off with public engagement and a mobility and transportation related survey in July. Staff will present the findings and make recommendations for a draft updated transportation vision statement. 6.Action Items 6.1 Resolution No. 42, Series of 2022, A Resolution of the Vail Town Council Submitting a Ballot Issue to the Registered Electors of the Town at the November 8, 2022 Special Election Regarding the Formation of the Eagle Valley Transportation Authority 10 min. Approve, approve with amendments, deny Resolution No. 42, Series of 2022 Presenter(s): Greg Hall, Director of Public Works and Transportation Background: The Town Council passed Resolution No. 25 Series of 2022 on May 17 to enter into an Intergovernmental Agreement to create a Regional Transportation Authority. Based on the due diligence of the RTA formation and technical committee as well as work provided by various consultants and outreach efforts. The RTA Formation Committee has recommended at its August 11 meeting that each entity place the question on the ballot to ask voters approval to form and fund a regional transportation authority. All parties to the IGA have indicated that they either have, or intend to take action to refer the ballot question. CORE Act Camp Hale Letter to President Biden 090622.docx CORE_ACT_Request_BidenAdministration_9.6.22.pdf Council Memo 9-6-22.docx Presentation - Go Vail 2045.pdf 2 Staff Recommendation: Approve Resolution No. 42, Series of 2022 6.2 Fire Free Five Community Assistance Program 20 min. Listen to update and provide feedback. Presenter(s): Paul Cada, Wildland Program Manager Background: In Spring of 2022 the Vail Town Council funded the Fire Free Five Community Assistance Program, this presentation will provide an update on the status of this program and request for expansion. Staff Recommendation: Make recommendation on future funding. 6.3 Ordinance No. 17, Series of 2022, First Reading, An Ordinance Repealing Title 3, Chapter 6:'Commission on Special Events', Vail Town Code 20 min. Approve, approve with amendments or deny Ordinance No. 17, Series of 2022 on First Reading. Presenter(s): Mia Vlaar, Economic Development Director and Jeremy Gross, Special Event Cooridinator Background: In 2004, the Town of Vail established by ordinance the Commission on Special Events (CSE). The CSE has effectively reviewed proposals and made funding recommendations for special events over the last 18 years, contributing to a robust and diverse calendar of events to support the tourism and economic development goals of the town. During this time, as the town’s staffing, finance, and operations have evolved, the roles and functions of the CSE have also evolved, necessitating an update to the town code. 7.Adjournment (7:35 pm estimate) Council_Memo_090622.2 (1).docx Resolution No. 42, Series of 2022.pdf Public Comment RTA.pdf Town_Council_FFF_Update_090622.pdf TC FFF Update 090622.pdf CSE Ordinance Repeal 09-06-2022.pdf Council Memo - Repeal CSE Section of Town Code - 09-06-2022.pdf Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 3 AGENDA ITEM NO. 1.1 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Citizen Participation (10 min.) SUBJECT:Citizen Participation SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: citizen participation 1.pdf 4 From:davethibedeau To:Council Dist List Subject:3pm Free Parking Date:Wednesday, August 31, 2022 7:47:52 AM Please keep parking free starting at 3pm. Just my thought as someone who moved here in 1991 Thanks Dave Thibedeau Sent from my Verizon, Samsung Galaxy smartphone 5 From:Joshua Wages To:Council Dist List Subject:A concerned manager regarding changes to Vail parking structure hours Date:Friday, August 26, 2022 11:27:13 AM Hi Council, My name is Joshua Wages and I currently work as the restaurant manager at Slope Room. I have also been a local here in Vail for 10 years now and recently heard of the possible changes to the 2-hour free parking as well as the "free after 3pm" parking regulations. My understanding is the free parking will start after 5pm if these new rules are voted into effect. As a manager working with staff and scheduling, the hours at which the parking structure allows for free parking dictates the in-times of our employees (typically 3:15 for evening workers across most dinner spots in town). My question/concern is this; will the Town of Vail be giving local businesses parking structure cards/access to the structure at a reasonable hour? We all have a large amount of employees coming from Avon, Edwards, and even eagle/gypsum. Given the hours of operation, some of these people don't have the option of taking an ECO bus home at 12:30am. Hoping this falls on open ears, and that some kind of compromise can be made for the employees necessary for Vail Village to stay operational. -- Best regards, Joshua Wages 6 From:E.C. Hoffman III To:Council Dist List Subject:Don’t Do It Date:Wednesday, August 31, 2022 11:37:52 PM To those concerned, Please stop thinking about ways to increase revenue without thinking about those that help increase revenue. The people that wait the tables, clean the rooms, sell the clothes with our logo, turn our lifts etc. etc. are being displaced and need to drive and park within reason to their places of work. Their hours haven’t changed and only get longer. Most can’t afford to live here, every business in every industry already struggles to hire people, this plan will only make that harder and in the end you are devaluing the product we live on by dwindling an already stressed hiring environment. Rethink this plan as best you can, please! Sincerely, E.C. Hoffman 7 From:Luke Ordway To:Council Dist List Subject:For the good of hospitality workers…. Date:Wednesday, August 31, 2022 12:13:14 PM Greetings, It has come to my attention a plan change from 4pm to 5 PM for free parking this winter. I’m writing to discourage this change as it will continue to stress the limited hospitality service workers in Vail. Normally our start times range from 3:30 to 4:30 and with the mountain closing there is ample parking between guest leaving and workers arriving making it a convenient situation. Please consider maintaining the 3 PM free parking unless ample plans are made to accommodate hospitality industry workers whose job requires them to be in the village before 5 PM. Please do not change the free parking time to 5 PM from 3 PM. I along with many others think this is a very bad idea. Luke 8 From:Michael Bolding To:Council Dist List Subject:Free After 3 -- Parking Date:Wednesday, August 31, 2022 10:21:14 AM To whom it may concern, It has come to my attention that the town council is considering moving free parking from 3pm to 5pm, or perhaps moving to a number of hours free after 3 model. For myself and my colleagues in the service industry, this would be horrible. I personally cannot take the bus because I finish work after bus service ends. I need to be at work before 5pm. In the summer (when this isn't an issue) I can ride a bike, but in the winter that's not a possibility. I can't afford to buy an expensive parking pass. Please keep our free after 3 parking. Its a small thing that makes a huge difference in my own and many of my friend's lives. Thank You, Michael Bolding 9 From:Karen E Anderson To:Council Dist List Subject:Free after 3 Date:Tuesday, August 30, 2022 8:45:41 PM Please keep parking free after 3, it makes so much sense! Sent from my iPhone 10 From:Tony S To:Council Dist List Subject:Free parking time change Date:Wednesday, August 31, 2022 2:09:03 PM I am writing in to express that changing the time of free parking from 3pm to 5pm will only negatively impact already struggling locals. The fast majority of service workers who work PM shifts arrive to work before 5 pm. Forcing locals to pay for parking will only negatively impact the community and its view of the current council members. The discussion of raising the cost of employee parking permits is also very unsettling. In a time of record inflation, astronomical cost of living expenses, rising rent cost and ever increasing scarcity of housing, raising costs on the locals that keep this town running is the last thing the town council should be addressing. It is incredibly troubling that the council is even considering measures that will further make living here even more difficult than it already is. If you wish to gain support from residents, these measures will surely have the opposite effect. 11 From:Garrett Cosgrove To:Council Dist List Subject:Free Parking Vail Transportation Center Date:Wednesday, August 31, 2022 1:25:41 PM Good afternoon, My name is Garrett Cosgrove, I have been a vail resident for 10 years and am a loyal worker in the hospitality industry in Vail. I have heard that the free after 3pm in the parking lot may change to 5pm in the upcoming winter season. I just want to share my concern and disbelief of this as a large majority of our working force is in the hospitality industry. Many of us have shifts that start at 3-330pm and desperately depend on the free parking after 3pm. We as a community need to realize the importance of our work force as the sustaining entity that keeps much of this wonderful valley flourishing. If we change this time to 5pm you are negatively impacting a huge amount of employees, myself included. We as a community would greatly appreciate empathy in this decision to not change the free after 3pm rule. It would cost many of us more money that we can spend and cause a larger negative impact on the community. Thank you for your time. Sincerely, Garrett Cosgrove 12 From:David Ghysels To:Council Dist List Date:Thursday, September 1, 2022 11:44:14 AM Council Members, I have heard there are considerations in place to move the free parking start-time to 5pm for the winter season in Vail Village and Lionshead. As a Vail local who works in Vail Village at 3pm every day, I rely on the free parking to get to work. The in-time at my restaurant is structured around allowing employees to utilize free parking. Requiring someone to pay for parking every day just to get to work is anti-local and will only worsen our workforce availability. Please, consider the locals and those who work in the village as you work to change parking rules in TOV. I am in complete support of tourist visitors subsidizing our free bus system, but locals should not be part of those affected. Thank you, David 13 From:Christie Miller To:Council Dist List Subject:New Parking Fees - NO! Date:Wednesday, August 31, 2022 4:37:43 PM Dear Vail Town Council: I am a Vail local and I vehemently opposed to the proposed parking fees in Vail Village and Lionshead parking structures (fees until 5PM vs. 3PM in the winter). This would impose an extreme hardship on locals, particularly in the service and hospitality industry, who work so hard to make this community the special place that it is. Please keep parking after 3PM FREE!!!!!!!! Regards, Christie Miller Christie Jones Miller (404) 308-2008 christiejmiller20@gmail.com 14 From:John Bruner To:Council Dist List Subject:NO to Parking $ Changes for Winter 22-23 Date:Wednesday, August 31, 2022 11:52:46 AM Hello, I am a service/hospitality industry worker employed in the Vail Village. Changing the free parking time from 3-5pm would make everyone (almost all locals) who works in the village have to spend more money just to WORK and also will create problems for businesses. This is obscene and just further degradation to an already beat-down local population. Businesses can barely staff up properly in the village, and we should be empowering local workers not ripping them off. PLEASE DO NOT CHANGE THE CURRENT PARKING PRICES AND TIMES. They are already restrictive as is. Thank you. 15 From:Cody Cunningham To:Council Dist List Subject:Paid parking after five pm. Date:Thursday, September 1, 2022 11:41:04 AM To whom it may concern, I have been in this valley for 6 years. The Vail councils discussion to consider making the Vail parking structure paid until 5pm is disastrous, greedy, and short sighted. Allow me to elaborate. Disastrous= The Vail valley is going through one of the worst labor shortages I have ever seen in 20 years as a hiring manager. The town of Vail has been hit the hardest as very few people that work in hospitality can afford to live there. This make committing by car one of the only options. Taking parking way from hospitality workers is shows that the council views them as second class citizens. But without us, the TOV would be nothing. Greedy= The councils estimated revenue from parking is 6.6 million dollars. Is that not enough? I also see the TOV will have a reserve of 86 million by the end of 2022. Why do you feel the need to charge the lowest paid citizens in our community? Short Sighted= This plan does not consider Vails most important resource. It’s people. If the council implements this plan it takes another step towards making Vail unlivable to the people the operate it. This short term financial gain will have long term negative affects on Vails business, the community, and the experience that people from all over the world come to Vail to get. Don’t make this mistake. Sincerely, Cody Cunningham 16 From:elena planta To:Council Dist List Subject:Paid parking until 5pm Date:Thursday, September 1, 2022 11:12:00 AM To whom it may concern, I have been informed of the possible changes for paid parking after three pm moving forward. I’m a vail valley resident and part of the hospitality work force. I lived in the valley for 6 years and I’m one of the many witnesses to the changes that have taken place that don’t necessarily help the workers in this beautiful valley. We are important, we need to be considered. Changing the parking paid format will create an unreasonable stress for the many who work in the vail village and especially for those who commute from other towns, relying on their car for transportation and who work until late evening/night 5 to 6 days a week. The parking structure already makes millions of dollars per month in peak season. This change is not taking into account Local peoples lives and contributions to this community. Please do not negatively affect the hospitality workers in the valley by removing the free parking after three pm. Sincerely, Elena Planta Sent from my iPhone 17 From:Ramsey Cotter To:Council Dist List Subject:Parking Date:Monday, September 5, 2022 7:15:58 PM Hello Council (: I unfortunately will not be able to attend the meeting tomorrow to provide public opinion, but I felt compelled to write asking you all to consider the frustration of a small business owner if you choose to raise the price of our parking passes. From a fiscal perspective I understand how lucrative this option may seem, However, it is so important that you think of our small businesses that bring the character & charm to this town. Right now I am sure that revenue is up for lodging & maybe restaurants, T-shirt stores & other places that have been part of what VR has been acquiring…. For most of the small mom & pops, we can not say the same. Perhaps there is a way to look at keeping parking basses for business owners as is while finding other ways to raise prices for people not coming in to town to provide service & experience…? Thank you, I trust that you will all make the right choice. Best, Ramsey Cotter J.Cotter Gallery -- Ramsey Cotter 970.390.5705 The information contained in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please contact the sender and delete the original message immediately. 18 From:Caitlin Hanley To:Council Dist List Subject:Parking Date:Wednesday, August 31, 2022 12:37:53 PM Hi there, I was notified that their is a consideration of changing free parking to later in teh day in the winter time. I wanted to send a note discouraging this and stating that I do not agree wtih this. For workers in vail having free parking at 3pm is a necessity. Furthermore locals who do not work in Vail Village want the ability to head to the mountain for free for an after work skin, yoga, coffee you name it and not have to worry about paying for parking. It seems entirely silly as no one seems to have complained that lives in vail of this free parking being so early. Please don't do this, it seems unnecessary and I wish our town council would focus on more pressing issues like our housing crisis. Caitlin 19 From:theorhodius@googlemail.com To:Council Dist List Subject:Parking Date:Wednesday, August 31, 2022 11:00:23 AM Dear town of vail, it is very hard for me to write without getting angry regarding the proposal that you wrote about parking. I work in the village and the steps you are said you were taking would affect me and my coworkers grandly. I don’t understand where this greediness is coming from, and how you could disregard your workers well- being. I live in eagle vail, and finish work around 3:30 every night, not only I don’t have a bus, but now I’m losing money while I’m working. It has come to the attention of many locals that when you are making decisions we are probably the last people you are thinking about taking care of. It’s insulting, and over what? So rich people can park? It is fucked up and somebody should do something about it. You are still in time in revoking this terrible proposal and I hope that if enough people write to you, we can actually get you to think in locals for once. We are not happy with you way of treating people and asking for better treatment and consideration. Let us also have a little bit of joy and enjoy the mountain, stop being so greedy, stop making decisions only looking on profit. This mountain wouldn’t work without its workers. Can you get that into your heads? Seriously though, it shouldn’t get to this Theo Rhodius Sent from my iPhone 20 From:rolvail@aol.com To:Council Dist List Subject:Parking Date:Saturday, August 20, 2022 8:17:31 PM Dear Town Council: We all realize parking is a problem but I hope that locals will not be penalized by going from 2 hours to .5 hour free. One certainly cannot have lunch or make even the briefest of shopping in a half hour! (And on top of 9% tax this is a deal breaker.) And if locals are getting in a few early runs then they are long gone by 11:00 when the structure starts to fill up. From my observation many skiers purposely show up around 11:00 so they can park on the road and save the fees. So please retain the two hour free parking as it has minimal effect, if any, on the frontage road Thanks, Rol Hamelin 21 From:Natalie Isis To:Council Dist List Subject:Parking Changes Date:Friday, September 2, 2022 11:56:01 PM It has come to my attention the proposed changes to the upcoming season parking situation and fees. It has been communicated that these changes are to limit flow and frontage road parking/increase safety. It is assumed that this proposal is in response to last years peak flow numbers, caused by an increase in visitation due to recent covid limitations being relaxed, resulting in people traveling more than usual; and due to VR marketing, pass price, and overselling of season/day passes. I am vehemently against these changes, reasons of which I will outline below. VR, STRs, and slumlords are doing enough to run this town and its locals into the ground, without the town itself also contributing. -Last years tourist flow numbers were an anomaly, due to the reasons already mentioned above. Summer numbers were already down to pre-civid status. Season pass prices have raised to normal status. Gas prices and inflation are also a factor that will contribute to travel decisions. Decisions like this should not be made on anomaly numbers. -Charging for frontage road parking is not a good look. In any shape for form. I can’t believe this is even an option. Especially considering when employees, trying to get to work in town, have to park there when the garage is full, don’t even have the option of moving their car until they are done with their shift. So this is already an issue for them moving their car by the time limit, much less having to pay for it. How the crap is charging for frontage parking supposed to make people use garages more, when those garages are already full and frontage parking isn’t even allowed until those garages are full. That doesn’t even make sense. -Its already hard enough for service employees to afford to live here, without not only raising the prices on them for parking, but removing free parking after 3pm. This would be a DEVASTATING CHANGE to our locals for SO MANY REASONS. So much for dinner shift employees not having to literally give up a good portion of their earnings for the night just to be able to get to work. So much for them getting in a lap or 2 before work also, and enjoying the main reason they live here. This is so out of touch and short sighted. -Local businesses and their employees are already struggling due to such fluctuating numbers from covid and housing issues, sure lets limit the paying customers and their money by charging them to pay to park when the mountain is almost closed when they just want to go eat or shop and spend their money IN THIS TOWN THAT SUPPORTS US ALL. In addition to this point, raising the cost of these businesses being able to get passes for their employees(which isn’t very sufficient to begin with) and further their struggle. Not everyone is blessed to be able to live in town on the free bus line, or where a bus is convenient at all. Its bad enough that gold and silver passes are given priority over employee passes, and employees are turned away when there are available spots in the garage. -Pretty sure using safety as a reason to limit frontage road parking, when we know what happened last year in the garage, is not valid. Not to mention theft, assault, and damage to cars as a safety issue in the garages as there is no video surveillance. Lest we not forget 2 cars being stolen right out of the garage last year as well. It is fairly obvious this is a money grab by the city, and not actually trying to help anything or anybody, ESPECIALLY not locals and employees. If it was, the prices affecting them directly would not also be increasing, and more care would be given to alleviate for them, while figuring out how to mainly take money from the tourists. Gouging the locals and employees is NOT the answer. We are struggling enough here already with lack of housing, skyrocketing rent costs, and near inability to purchase a starter home- so this can be more of a COMMUNITY, and not just a place for transient living. Many of us call the home and live here full time for years and would like to be a contributing part of this community. Looking at what the city has done with booth heights and is going to do with Evervail, this is just another kick in the teeth to employees. This path is unsustainable. PRIORITIZE LOCALS. Natalie Pritchett 22 From:Clare Hefferren To:Council Dist List Subject:Parking comment Date:Wednesday, August 31, 2022 3:36:19 PM Attachments:PastedGraphic-1.tiff Hello town council members. First, thank you for your service. I’d like to support keeping Town of Vail free parking after 3pm year round. Removing such will further diminish the vibrancy of our villages beyond the mountain hours. Those coming into town are 100% coming to engage with our businesses - both as a consumer and as staff which serve consumers. Distinct from daytime where guests may come into town to ski, eat or shop, the evening hours remove the mountain from the equation. Our community needs the vibrancy and the revenue. Additionally keeping hospitality staff in mind… if the restaurant/bars close beyond the free bus system or ECO bus, how will they get home? If you’d like to encourage safe after dark, sustainability of transit and financial viability, keeping the structures free after 3pm is the responsible decision. I hope you got outside today! Clare J. Hefferren | Founder clare@gocallosum.com GoCallosum.com Vail, CO . Ofc 970.235.1272 Follow Along: Linked In Instagram Facebook Subscribe Schedule an appointment with me Callosum is a branding agency that guides early and growth stage purpose-driven outdoor brands to $10M, through a Signature Growth Road Map to grow awareness, build community, and create content that converts in 3 steps to close the gap between the impact you want to make and the revenue you generate. Committed to the quadruple bottom line. 23 From:Joanna Beall To:Council Dist List Subject:Public comment Date:Friday, August 19, 2022 11:05:10 AM Hi, I am reaching out in regards to the proposed 30 minute limit to free parking in the winter. I get your intentions and do hope to see more people take the bus. My concern is that 30 minutes is really not enough time for a family that wants to go ice skating at Dobson, visit the library for story time or spend time at imagination station. Please take this into account. If my family is skiing we 100% take the bus but for accessing these other town offerings driving is honesty the best option for most families, especially when only planning to spend an hour or two in town. On a side note, I live in vail commons and I implore you to come look at our parking lots. We have been told for 2 years that it would be fixed. We’re heading into winter and have seen zero progress. It is only getting worse we now bars are sticking out from the concrete. I’m honesty not sure that one day someone won’t go straight through into city market. I have attached just one picture of how bad it has gotten. Anything your team can do to help get these repairs going would be greatly appreciated. Thank you! Joanna Beall Sent from my iPhone 24 From:Matthew Hildebrandt To:Council Dist List Subject:Re: Concerning free parking Date:Wednesday, August 31, 2022 1:07:28 PM On Wed, Aug 31, 2022 at 1:05 PM Matthew Hildebrandt <matthildebrandt93@gmail.com> wrote: To whom it may concern, On behalf of the many industry employees who do not have reliable access to public transit in this valley, I strongly recommend you continue to allow free parking to begin at 3pm. This is what allows a great number of hospitality employees to arrive to work with ample time to prepare for their evening’s work in order to better deliver service to our guests in this valley. Putting employees in a scenario where they have to arrive later to make use of free parking will force them to unnecessarily scramble as soon as they arrive at work and likely compromise their ability to deliver good service. Of course employees could arrive earlier and pay for parking but no employee wants to sacrifice their hard earned money in exchange for parking so they can continue to work. I would not be surprised if the decision to allow free parking after 5pm results in another departure of labor forces from the valley. We are already understaffed and it’s decisions such as this that give employees (especially permanent non-transient ones) less incentive to remain in this valley with their experience and skill sets. Instead, you are forced to rely on a rotating workforce of J1s who may or may not even be trained properly for their roles. Maybe I’m wrong but after 14 years of continuous experience in hospitality I can tell you that an untrained and understaffed workforce does not deliver the kind of service that attracts guests to this valley. With that being said, if you don’t want to see the skilled hospitality workforce have more reasons to depart the valley than they already do, I recommend you retain free parking starting at 3pm. Kindest regards Matthew Hildebrandt 25 From:Rory Gallagher To:Council Dist List Subject:This parking debate. Date:Wednesday, August 31, 2022 5:50:40 PM I just want to express my feelings towards the suggestions surrounding the parking issues in Vail. In my honest opinion changing the free parking time from 2 hours to 30 minutes and extending paid parking to 5 pm will have a disproportionate negative affect on the local population. Though living in the valley is a choice for most of us, it seems unfair to punish the locals for the hordes of visitors that flood our valley at more and more frequent intervals. Perhaps if VR didn’t run its resorts with the goal of never ending growth we wouldn’t have this problem in the first place. But, we gotta keep those stockholders happy. No point in investing in a company that is just content with the way things are. This is the land of growth-at-all-cost after all. I’m all for sharing the beauty of the mountains. But let’s do it in a sustainable way that gives some appreciation to the people that make this place function. Making it harder for people to get to their jobs, or taking away their ability to go a for couple runs at the resort without spending a bunch of money seems a little silly. Here a few suggestions; Advocate for better transportation options, both within our valley and for those coming from the front range. Build more parking. Tell VR to stop trying to draw more and more people up here. Our community is stretched thin as it is. Sent from my iPhone 26 From:Nate Fuller To:Council Dist List Subject:TOV Parking Changes Date:Thursday, September 1, 2022 9:43:32 AM Council Members, I have heard there are considerations in place to move the free parking start-time to 5pm for the winter season in Vail Village and Lionshead. As a Vail local who works in Vail Village at 3pm every day, I rely on the free parking to get to work. The in-time at my restaurant is structured around allowing employees to utilize free parking. Requiring someone to pay for parking every day just to get to work is anti-local and will only worsen our workforce availability. Please, consider the locals and those who work in the village as you work to change parking rules in TOV. I am in complete support of tourist visitors subsidizing our free bus system, but locals should not be part of those affected. Thanks, Nathan 27 From:boban dimovski To:Council Dist List Subject:TOV PARKING CHARGES Date:Thursday, September 1, 2022 11:07:15 AM Council Members We have all heard about the proposal to change the free parking start time in Vail and Lionshead for the winter season. As a long time employee in Vail I rely on the free parking to get on time to work 5 maybe 6 times a week. The fees would affect the workers like me most because we go to the village regularly and the charges would only drive up the cost of living in the county and of course, hurt the pockets of the people that can afford the least. I hear coworkers and friends every day how difficult it is to find housing and to live in the Vail valley so please don't drag the chains on the asphalt, they cause fires. My family and I are asking to reconsider this proposal and find a better solution for the parking situation. Thank you Bobby 28 From:Ben Boisvert To:Council Dist List Subject:Winter Free Parking Change Date:Wednesday, August 31, 2022 1:39:32 PM Please do not change the free parking time from 3:00 pm to 5:00 pm. It will hurt those in the service industry tremendously as we come in for work at 3:15 specifically so we can park for free. It is greatly needed for hospitality workers to keep this great operation moving. This will only deter people from apres and not change ticket or skier visits as there is only 1 hour until the mountain closes from when free parking starts. Thank you, Ben Boisvert Server Slope Room Restaurant Sent from my iPhone 29 From:Thoger Petry To:Council Dist List Subject:Town of Vail Manager Concerned over Proposed Parking Changes Date:Friday, August 26, 2022 3:09:01 PM Hello Council, My name is Thøger Petry and I am the Wine Director for the Slope Room Restaurant in Vail Colorado. I was informed recently of the proposed change to the Parking Schedule for the winter and have concerns of the consequence to our employee's who rely on the 3pm allowance in the Parking Structure. As a manager working with staff and scheduling, the hours at which the parking structure allows for free parking dictates the in-times of our employees (typically 3:15 for evening workers across most dinner spots in town). Given that some staff do not have convenient access or scheduling in line with the bus system, this added charge and necessary for turnaround for restaurant employees may result in an even further lack of interest in working in the Vail and Lionshead restaurants and shops, an Issue which you know is already a huge problem given our local housing constraints. I understand the many challenges you face in these decisions and hope that some kind of compromise can be made for the employees necessary for Vail Village to stay operational. Cheers, T -- Thøger Petry Head Sommelier Cell: 360-909-3110 Slope Room Restaurant Vail, Colorado 30 From:Kelsey Molinare To:Council Dist List Subject:Winter parking Date:Thursday, September 1, 2022 11:38:43 PM Council members, As a long time local I have seen many changes in our community. The free after three parking is a nessacary park for many members of the work force in our community. Many people including myself will not be able to afford the daily parking fees inorder to work my job. With the the already tight staffing issues this is a stress we do not need to add to our businesses. Increase in price for peak ski hours can help subsidize our free buses for the town. The parking lots begin to empty after 2:30 and have never been an issue for locals to park in the structure and not on the street. This amendment to the parking structure is a big hit to the local work force and something the businesses will not be able to afford. Not only with people quiting over the parking but an extra stress on the bus system as well. I do not believe this is a good idea for the town to put into action and that the negative outcomes far outway the positive. Concerned local, Kelsey 31 From:vailcarib To:Council Dist List Subject:Aug 5. Bighorns Directly on proposed site, in Aspens. Date:Sunday, September 4, 2022 7:56:41 AM Please feel tree to use any or all my photos. I would be glad to testify of the frequency of the Bighorns in this area. 32 33 34 35 36 Sent from my iPhone 37 From:SARA newsam To:Council Dist List Subject:Big Horn Parcel Date:Friday, August 26, 2022 6:23:07 AM Please preserve the Sent from my iPad 38 From:mark gordon To:Council Dist List Subject:Fiscal Responsibility Date:Friday, August 26, 2022 3:38:00 PM Since the beginning of Vail, the priority of every Town Council has been fiscal responsibility. As elected officials, we made decisions for our community that helped keep Vail financially secure for future generations. We urge the current Vail Town Council to practice strong financial discipline concerning the Booth Heights condemnation. The rumored “no price is too high” philosophy jeopardizes the financial well-being of the town. The residents of Vail deserve transparency regarding expenditures of this magnitude. We are asking the sitting Vail Town Council to follow the historic fiscal precedent that has helped preserve the financial strength of the Town of Vail. Thoughtful, conservative annual budgets and capital expenditures are essential for the continued success of Vail. We respectfully request you continue this legacy. Bob Armour Jenn Bruno Dave Chapin Dick Cleveland Andy Daly Mark Gordon Ludwig Kurz Greg Moffet Kim Newbury Rediker 39 From:Bianca Reimers To:Council Dist List Subject:Purchase of Booth Heights Land Date:Tuesday, September 6, 2022 5:43:22 PM I am a Vail resident and voter and I support the purchase of Booth Heights land for open space. Bianca Reimers 40 From:JOHN & DIANA DONOVAN To:Council Dist List Subject:Thoughts Date:Tuesday, September 6, 2022 11:55:03 AM the thoughtful letter i just wrote disappeared. I can not take time to redo. 1. Spot zoning is wrong and opens the door for our “special” developers to ask for the same. You can not tell them no because of the precedent you would set. 2. Timber Ridge must be maximized meaning start at Frontage Rd level and go up. No partners. Town in full control for eternity. No free market and no seasonal. Wait til you have funding if you have to. This is the last piece of public land Vail has that is appropriate for a housing project that will actually make a difference. RETT. Has been used as a slush fund for decades and has gotten away with it. Maybe. You need to clean those uses up and then you can borrow against RETT with confidence. Many of the RETT funded projects are unnecessary and get funded only because it is easy money. It is time for the council to really meet the intent of regulations and funding snd then the town and community will be good Call if you have questions. Thanks! 41 From:dana gordon To:Council Dist List Subject:Booth Heights Date:Monday, September 5, 2022 8:24:18 AM Town Council Members, Thank you for your stewardship with regard to the condemnation of Booth Heights. I applaud your efforts and fervently hope you’re successful in your endeavors. I’m thrilled with the new leadership of the Council. While you’re at it, please pressure VR to release their daily numbers on the mountain. This new “restriction” of daily passes is a non-starter. They are blowing smoke and effectively trying to increase Epic Pass sales while NOT controlling the numbers on the mountain. The safety on the mountain has been severely compromised over the last several years. Shame on them. Appreciatively, Dana Gordon 42 From:rolvail@aol.com To:Council Dist List Subject:Funding Booth Heights Date:Tuesday, September 6, 2022 11:04:15 AM Dear Town Council: As many of you are aware, Ingie and I are in total support of protecting the sheep habitat and hope the Real Estate transfer tax will be used for it’s intended purpose of acquiring open spaces. I hesitate to attend tonight’s meeting as Covid is still alive and well. Best wishes in your efforts to preserve this vital asset, Rol Hamelin Ingie Franberg 43 From:John Reimers To:Council Dist List Subject:I support condemning Booth Heights Date:Tuesday, September 6, 2022 11:06:04 AM Dear; Mayor and council members, I urge you all to vote for condemning the property where the Booth Heights is proposed. There are many reasons to do this such as: Loss of habitat for wildlife. Increased pollution from storm water flows into Gore creek. Disruption of the land for rockfall mitigation and redirecting seasonal streams above this massive complex. Poor location for seasonal workers who rely on public transportation to access stores for staples. Just to name a few problems with this flawed project. In contrast, leaving this land as open space will prevent these problems occurring and add tremendous value to our community now and in the future. I know there will be a cost to procure this land, however, it will become an asset to the community. As a resident, property owner, and voter, I support protecting this site by condemning this property and encourage the council to vote to condemn this land. Respectfully John Reimers 44 From:Gina Grisafi To:Council Dist List Subject:Open Space = Fiscal Responsibility Date:Tuesday, September 6, 2022 11:43:50 AM Dear Mayor Langmaid, Mr. Coggin, Mr. Davis, Mr. Foley, Ms. Mason, Mr. Seibert, Mr. Staufer, The acquisition of the booth heights property will be an invaluable asset for Vail, our community members and visitors. The ecological and financial cost inflicted by not preserving this property will be a burden for generations to come. Short term financial gains for only Vail Resorts will cost the Town of Vail and residents far more than purchasing this property into open space. You have my unwavering support in proceeding with the condemnation and purchase of the Booth Heights property. Along with Vail’s iconic bighorn sheep habitat, this area is vital to the ecology and safety of our neighborhood. The proposed project will interfere with natural waterfalls and creeks, polluting our waterways on and surrounding the property, create drought conditions and increase fire danger to our family and neighbors. Best Regards, Gina Grisafi 45 From:Bob Essin To:mike@mikebudd.com; Vail Letters Cc:Council Dist List Subject:Pragmatic Housing Date:Thursday, August 25, 2022 7:39:17 AM Mike Budd and Vail Town Council, Mike’s comments in The Vail Daily today are interesting but the Big Horn herd can’t read and Vail Resorts left the table two years ago. I am a real estate agent and realtor in Vail and I also am in favor of providing housing at reasonable cost to workers in Vail also. My own background includes a few years as a trustee on a management board of public housing in Sherman Texas in the 1970s. Favoring such housing seems to be true of most of the people I have come into contact with during my efforts to stop Booth Heights. Vail Resorts seemingly in good faith entered into discussions to find a replacement for Booth Heights. In fact a replacement is now being built but Vail Resorts backed out during the negotiations. A majority of Town Council was elected to protect the Vail Big Horn herd that depends on this parcel in winter during the worst winter conditions for the herd. A Vail Resorts’ middle management employee was the deciding vote of the Town Commission that approved the project. Mayor Chapin was the deciding vote of the Town Council that did not throw out that decision which was appealed to the next level and the appeal was lost, and then during the worst of Covid not appealed to the next court level. At the Town Council meeting that approved the Commission’s decision, a majority of the Council then immediately moved to enter into discussion (including the then Mayor) with Vail Resorts to purchase the property and also find replacement. It is beyond belief that Vail Resorts and previous owners of the business (Vail Corp, The Corporation) lost track that they owned this parcel and did not pay taxes on it for 50 years give or take. If an affidavit was required by the tax authorities, someone with The Corporation probably had to lie to pay the few years taxes that was necessary to comply with Colorado state law for people who were found to own property where ownership was truly lost. Their hands are not clean on this property ownership and for their behavior during negotiations for replacement housing. If it was just about the housing for employees, The Corporation would not be trying to be making money off of this development on units that will be sold for profit without any restrictions on their use. It is just a corporate money maker with a little bone for employee housing. At every step of the way when they have developed other property, they have delayed and put off building or supplying the replacement housing for employees (Arrabelle and others). Other employers in Vail other than Vail Resorts and prior owners have done more buying and developing housing for their employees than Vail Resorts. The Town itself was created after The Corporation to do the things that The Corporation would and could not do. The Corporation has milked it to the max. Notwithstanding this, we all benefit from The Corporation and our location here in this still wonderful place. It is regrettable, but condemnation and payment of a ton of money to The Corporation is what may be necessary. The Corporation wants to make money on property it didn’t know it owned for more than 50 years, ha ha, give me a break. They did not pay a dime for it (it couldn’t have been part of negations on price from one owner to the next if they did not know they owned it) and only have development costs and legal fees. Total BS on their supposed care and concern for the environment. It’s all about the shareholders dividends, the board of directors fees, and the CEO bonus. Recent law suits about employee complaints show The Corporations lack of concern for its employees. Still not paying a living wage under current employee housing conditions in this mountain town shows The Corporations lack of concern for the employees. The Vail Town Council has been more patient with Vail Resorts on this than the Justice Department has been with former President Trump on his crime of taking government property to Mar-a-Lago. Booth Heights isn’t doable because of the Big Horn herd. Vail Resorts left the table. It’s a beautiful day in Colorado, Bob Essin 4264 Columbine Way #11 Vail, CO 81657 970-376-4484 Vailbob@comcast.net Sent from my iPad 46 From:Garrett Olson To:Council Dist List Subject:Purchase of Booth Heights Land Date:Tuesday, September 6, 2022 5:47:27 PM I am a Vail Resident and voter, and I support the purchase of Booth Heights land for open space. Thank you, Garrett Olson 47 From:Andrea Andersson To:Council Dist List Subject:Traffic at VMS at 3 pm Date:Thursday, September 1, 2022 2:21:19 PM To whom it may concern: My name is Andi Andersson and I have lived in East Vail for over 30 years. The traffic around the Vail Mountain School at 3 pm is very busy. Parents are coming from East Vail and the village for pick up. The overflow traffic creates a traffic hold up on the road. It's very difficult to bike or drive there, if you are heading east or west. My recommendation is, that the traffic should be redirected. Enter VMS getting of I-70 in East Vail and drive to school. In order to leave the school, drive on the frontage road going west. Thanks, -- Andi Life is good! 48 From:Alejandro Diez Barroso To:Council Dist List Subject:Epic Pass Date:Monday, August 29, 2022 7:58:46 AM I’m a second homeowner in Vail for more than 30 years, I strongly suggest you put a stop to the Epic Pass we get a lot of skiers that don’t contribute in anything financially to the town, besides not having enough parking they packed and destroyed the mountain limiting locals and homeowners to poor quality of mountain ski services and conditions, I encourage you to convince Vail associates not to have a cheap Epic Pass for the top resort in the US, I assure you that most homeowners are against the epic pass due to the amounts of crowds we are experiencing on the last years If ski season continues to be a long waiting lines and poor mountain conditions we are going to experience as well a drop in properties prices drastically Please do something for our beautiful and exclusive family resort Very Best 49 AGENDA ITEM NO. 3.1 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:August 2, 2022 Town Council Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 080222 TC.pdf 50 Town Council Meeting Minutes of August 2, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, August 2, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jen Mason Pete Seibert Jonathan Staufer Staff members present: Stan Zemler, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Stephanie Bibbens, Deputy Town Clerk 1. Citizen Participation Jonathan Levine, a Vail business owner thanked council for their efforts in keeping Vail open for the past two years, thanked staff for their work on the new charging stations and electric busses and suggested that the lighting on I-70, specifically Dowd Junction to Minturn and Eagle Vail needed to be addressed. Kaye Ferry, an East Vail resident, expressed her concerns regarding the continued traffic issues on Vail Valley Drive, specific to the Vail Recreation District’s golf course maintenance crew. Randy Barnhart, an East Vail resident, expressed his concern with the noise and jake brake violations by the trucks on I-70. Meghan Lukens, a candidate for Colorado House District 26, introduced herself and platform. Douglas Smith, a West Vail resident, reprimanded Vail Resorts for not taking the housing crisis seriously. Michael Browning, an East Vail resident, expressed the importance of the bighorn sheep and his concern regarding their survival. Richard Leslie, an East Vail resident, urged council to follow through on condemnation of the East Vail Property owned by Vail Resorts. Debbie King Ford recognized the council’s efforts concerning deed-restricted housing and meeting the goals of the town’s housing plan. 51 Town Council Meeting Minutes of August 2, 2022 Page 2 Robyn Smith, a West Vail resident, encouraged community members to participate in the Steward Vail Survey. Jenn Bruno, a West Vail resident, thanked Tammy Nagel for her service as the Town Clerk and explained that the shop owners and restaurants are experiencing the effects of staff shortages due to the lack of employee housing. Mark Gordon, a resident and business owner, stated his concern regarding the amount of money the town stands to spend on condemnation and encouraged council let the voters decide how to move forward. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. July 5, 2022 TC Meeting Minutes Foley made a motion to approve; Staufer seconded motion passed (7-0). 3.2. July 19, 2022 TC Meeting Minutes Davis made a motion to approve; Coggin seconded motion passed (7-0). 3.3. Resolution No. 36, Series of 2022, a Resolution Approving the Purchase of the Residential Property Known as Vail Heights, Unit 10, Phase III, 2059 Chamonix Lane, Vail, Colorado 81657 Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Vail Heights, Unit 10, 2059 Chamonix Lane, Vail, Colorado, in the amount of, and not to exceed, $548,000, plus closing costs. Coggin made a motion to approve Resolution No. 36, Series of 2022; Foley seconded motion passed (7-0). 4. Town Manager Report Zemler thanked Tammy Nagel for her service as the Town Clerk for the Town of Vail. Halloran recapped the Matters from Mayor, Council and Committee Reports for future follow up. Those topics included maintenance requests, status on Highline development, regulations 52 Town Council Meeting Minutes of August 2, 2022 Page 3 regarding time frame for construction projects to be completed, concerns with the disregard of the dismount zones in the town and an update to the commercial stakeholders in West Vail area regarding the West Vail Master Plan. Halloran also welcomed Kris Widlak as the new Communications Director, who will take over for Suzanne Silverthorn. 5. Action Items 5.1. Resolution No. 35, Series of 2022, Ballot Language Regarding the 0.5% Sales Tax Collected for Housing Initiatives, Housing Developments, and Housing Programs Presenter(s): Carlie Smith, Finance Director Action Requested of Council: Approve, Approve with Amendments, or Deny Resolution No. 35, Series 2022. Background: Please see attached memo. Staff Recommendation: Approve, Approve with Amendments, or Deny Resolution No. 35, Series 2022. Smith explained that there had been no changes to the draft ballot issue regarding the retention of the additional revenues collected in the first year of the 0.5% sales tax collected for housing initiatives, housing developments, and housing programs since it was presented on the July 19, 2022, meeting. Coggin clarified the word “refund” in the ballot language did not mean a discount or money back, but that the town would not collect the tax for a certain amount of time to balance out the excess amount that had been collected. Smith confirmed that was correct. Foley stated the ballot is asking to retain the additional funds. Coggin agreed with Foley but wanted to make sure the voters understood the ballot issue; if the ballot issue did not pass, there would be a brief reprieve from paying the 0.5% sales tax; should the voters decide to pass the ballot to retain the excess funds, Council could purchase more housing units to help with the housing crisis. Foley also stated that this would be the only year that this issue would be brought to the voters. With TABOR (Taxpayers Bill of Rights), it is only within the first year that municipalities must zero in on the amount collected. After the first year, there is no set amount. Public comment was called. Douglas Smith, a Vail resident, suggested there be some sort of organized campaign to make sure voters understand the ballot language and what the voter is being asked to vote on. There was no other public comment. 53 Town Council Meeting Minutes of August 2, 2022 Page 4 Foley made a motion to approve Resolution No. 35, Series 2022; Coggin seconded motion passed (7-0). 5.2. Ordinance 15, Series of 2022, first reading Amending Title 7 of the Vail Town Code by the Addition of New Regulations for Pedestrian Mall Areas in the Town Presenter(s): Commander Ryan Kenney, Vail Police Action Requested of Council: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Background: The Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; as well as reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; provide a higher-quality experience for all businesses and customers located in the Village Core; and the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. Staff Recommendation: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Kenney explained changes were made to both the maps and the Ordinance based off feedback Council gave at the previous meeting. Changes included:  no maps in the ordinance  kept the 9:00am to 11:00am timeframe that business owners would still be able to go into the village and unload in front of their stores  Ski tuning was changed to 5:00am to 8:00am and 5:00pm to 6:00om each day  E-Vail courier was changed to “Town Approved Contractor”  Courier Zone was changed to High Volume Commercial Carrier (HVCC) Zone Foley thought 8:00am to 10:00am would be a more appropriate time for business owners to unload in front of their stores but agreed to monitor it for a year and make tweaks later if necessary. Changes to the Ordinance included:  The definition of High Volume Commercial Carrier (HVCC) changed to add “and a variety of commercial goods”  The Loading and Delivery billing section was removed  The words “and subsequent violations” were added to the penalty section to cover any violations after a third violation. Kenney explained FedEx, UPS, USPS, and trash collection would be exempted from the ordinance and program and would continue to deliver in Vail Village and Lionshead without any changes. Kenney addressed concerns regarding cold storage, fee structure and why the Town of Vail has implemented the loading and delivery program. 54 Town Council Meeting Minutes of August 2, 2022 Page 5 Adam Pena, a Lionshead business owner asked about the courier system during peak season in Lionshead and if the exemption included FedEx Freight. Kenney responded no changes had been made to deliveries to the Lionshead Village and the exemption did include FedEx Freight. There was no other public comment. Coggin made a motion to approve first reading of Ordinance 13; Davis seconded motion passed (7-0). 6. Public Hearings 6.1. An appeal hearing, pursuant to Section 12-3-3, Appeals, Vail Town Code, to address four (4) separate appeals of the final decision and conditions of approval of the Town of Vail Design Review Board on May 18, 2022, approving a Change to Approved Plans application to amend the design of a proposed residential development on the real property located at 3700 North Frontage Road East/Lot 1, Vail, Colorado, known as the East Vail Workforce Housing Subdivision Presenter(s): Greg Roy, Senior Planner Action Requested of Council: Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, uphold with modifications, or overturn the Design review Board’s May 18, 2022, decision. The Town Council must act by motion, with such motion to be approved by a majority of those present. Background: Vail Corp the Fixed Assets Department, represented by OZ Architecture, requested the final review of a design review board “Change to Approved” application, pursuant to Section 12-11 Design Review, Vail Town Code, for a new housing development located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision (the “Booth Heights Neighborhood”). On May 18, 2022, the Design Review Board held a public hearing on the Change to Approved Plans application and voted 4-1 (Middleton opposed) to approve the application. Langmaid reviewed the rules of procedure for the appeal hearing regarding the Booth Heights Development that was passed on July 5, 2022, through Resolution. Roy briefly recapped the Design Review Board’s decision. Council had no questions or comments regarding the recap. Tony Ryerson, an approved proxy for the appellant Debbie King Ford of 2765 Bald Mountain Road, Vail, CO, stated the use of cedar siding is unacceptable and increased the wildfire danger. Ryerson sited Fire Free Five, Vail Community Wildfire Protection Plan, the Booth Creek Fuels Reduction Plan and Vail Wildland Urban Interface Plan to support the concern. Ryerson also stated the use of cedar siding would require treatment that is considered toxic and emits volatile organic compounds. Ryerson listed many reasons why the cedar siding was an inappropriate building material for the project. 55 Town Council Meeting Minutes of August 2, 2022 Page 6 Appellants John Reimers and Regina Grisafi were called up next. Reimers stated his concerns with the added light and noise pollution introduced to the area due to the lights on walking paths, open windows and parking lots, as well as residents and guests up at all hours of the night. Reimers also expressed his concerns for Gore Creek due to the way the drainage was set up. He explained that the water from rain and snow would drain into storm drains where pollutants and toxins are collected from fertilizers and automobiles. Water going into storm drains instead of on site, will make the ground and at risk for fire. Reimers last concern was the layout for the parking lot was problematic for snow removal and would require extra work for the shaded areas as well as the use of more mag-chloride to help melt the snow. Appellants Jill and Robert Rutledge did not attend. Betsey Kiehl- Village Condos East Vail Resident, addressed her concerns by citing: • 14.10.5 Building Materials and Design; the application was changed to include more non fire rated materials and went against the town’s movement away from flammable products, the current proposed cedar siding would increase the threat of fire. • 14.10.7 Outdoor Lighting- the application does not take into consideration the Town of Vail’s dark sky lighting requirements and the light pollution the project would have an irreversible impact on the wildlife in that area and destroy the parcel of land that has provided dark skies to the town. • 10-14-8 Landscaping- the current plan did not include landscaping on the potion of CDOT’s right of way easement. Kiehl also stated she had other concerns about inadequate proposed parking spaces which included lack of space designated for electric vehicles. Kiehl ended her dialog by stating the project would have a negative impact on East Vail and the application has been pushed through loopholes, issues have not been resolved and Council needed to take a better look and overturn the DRB decision. Sarah Kellner, attorney from Faegre, Drinker, Biddle and Reath LLP, represented Vail Resorts for the hearing. Kellner went over the phases of the entitlement process the property has gone through and stated that Vail Resorts was on the last phase. Kellner explained how the East Vail Workforce Housing Subdivision aligned with the town’s design standards and met the conditions that were included on the original application that the DRB requested. Kellner also stated that many of the appellant’s concerns were not valid as the parking, lights, and noise had already been approved and complied with the DRB guidelines. She further stated that in the last DRB meeting where the application was approved, all DRB members stated Vail Resorts met every request put in front of them and there was no public comment made at either of the DRB hearings when these plans were presented. Rebecca Stone, project architect from Oz Architects, explained how the firm worked with the DRB to refine the previously approved plan. Refinements she discussed included amending the undulations within the rockfall wall, increased landscaping, provided a tree preservation program, added more landscape screening, added a new bus stop that met Town of Vail requirements, complied with the elevation conditions outlined by the DRB, and complied with the ADA and Life Safety conditions. Stone responded to some of the appellant’s concerns, and stated the lights were from the original proposal and met the dark scattering requirements, the windows would have blinds, the 56 Town Council Meeting Minutes of August 2, 2022 Page 7 cedar siding was approved, but could be changed to a noncombustible material that would look similar to the cedar, electric charging stations were included and more could be added, and the trees could be left to help with the noise. Kellner ended the discussion by showing a completed DRB check list for the project and asked Council to uphold the decision made by the Design Review Board. Langmaid asked if any of the appellants would like to respond to what the applicants presented. Appellant Regina Grisafi expressed the DRB should re-evaluate the criteria that was approved in prior years due to it being outdated and did not reflect the current fire mitigation program and the Gore Creek Restoration program the Town has been implementing. Roy returned to the podium and stated he had no comments to add but procedure allowed for him to answer any questions. Foley had questions regarding the lack of detailed DRB May 18th, 2022, meeting minutes. Roy explained that there were no detailed meeting minutes for DRB, they are only required to maintain results and video. Staufer had questions regarding the height of the rockfall mitigation berm, the landscaping plan, if the lighting was dark sky compliant and the percentage of combustible siding. Roy provided a rough idea of the berm height, explained the landscaping plan was compliant, he also explained the town does not require dark sky compliance. The town required the lights would need to be full cut-off and the design submitted reflected the full cut-off lighting. Roy also stated the application was submitted prior to changes that were made to the code and the applicant would not be required to meet the updated code. Seibert asked if compliance to the new code could be made a condition. Mire explained Council was able to modify the DRB’s decision and if that was the vote, Council should remand the application to the DRB. Public comment was called. Robin Burch, resident of East Vail, stated she worried about combustible material proposed in the project and asked if the walking paths would have snowmelt as they could become hazardous in the winter without it. Jenn Bruno- stated DRB followed the code and Council shouldn’t undermine the boards authority. Steve Connelly- asked Council to uphold the DRB’s decision. Kirsty Hintz- Stated there needed to be another traffic study due to the previous study being inadequate. 57 Town Council Meeting Minutes of August 2, 2022 Page 8 Mark Gordon, a Vail Resident, stated DRB did their job, the project matched the criteria and Council should leave the process as is. Tom Vucich, a Vail Resident, asked Council to put their confidence in their board members. Cindy Ryerson, a Vail Resident, proposed the town consider conducting a new traffic study to include Vail Mountain School and Vail Pass closures. Robyn Smith, a West Vail Resident, asked to let the project fail on the other issues, not on a technicality. Foley clarified the DRB does not require traffic studies. He stated that would fall under the Planning and Environmental Commission’s jurisdiction. Council stated they believed the Design Review Board did their job. Foley made a motion that the Town Council uphold the May 18, 2022, decision of the Design Review Board, because the DRB properly determined that the Change to Approved application complies with the following sections of Title 14, Chapter 10, of the Vail Town Code:14-10-3; SITE PLANNING; 2. 14-10-4: ARCHITECTURAL PROJECTIONS, DECKS, BALCONIES, STEPS; BAY WINDOWS, ETC; 3. 14-10-5: BUILDING MATERIALS AND DESIGN; 4. 14-10-6: RESIDENTIAL DEVELOPMENT; 5. 14-10-7: OUTDOOR LIGHTING; 6. 14-10-8: LANDSCAPING, DRAINAGE, AND EROSION CONTROL; Mason wanted to uphold the decision, but with the condition that the applicant used more noncombustible materials instead of the cedar boards. Foley declined to amend his original motion. Coggin seconded original motion passed (7-0). 6.2. Ordinance No. 4, Series of 2022, Second Reading - An Ordinance Amending the Approved Development plan for Special Development District No. 36, Four Seasons Resort Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon second reading. Background: On June 21, 2022, the revised application heard previously by the PEC on May 9, 2022, was presented to the Vail Town Council. In continuing the item to the July 19, 2022, public hearing, Town Council members provided direction to the applicant team that an increase in tangible public benefit above what was proposed was necessary. The applicant has returned with a revised proposal as outlined in the staff memorandum and related attachments. Roy presented there was once change made to the ordinance from first reading which increased the amount given to the housing fund. There was no public comment. 58 Town Council Meeting Minutes of August 2, 2022 Page 9 Foley stated he would not be supporting the ordinance due to conversations with present and past PEC Board members that felt council was usurping the Special Development District process and not using the property the way it was intended to be used. Langmaid expressed her understanding of Foley’s statement but explained she would be voting in favor of the ordinance because she thought it would be a benefit to the employees. Mason explained that this was an opportunity to help with the housing crisis. Coggin stated the PEC didn’t have the same empowerment as the Council regarding Special Development Districts due to their current guidelines. Coggin suggested looking at ways to amend the guidelines in the future to empower the PEC members more. Coggin made a motion to approve Ordinance No. 13, Series of 2022 upon second reading subject to the findings of staff in the attached memorandum dated August 2, 2022, Davis seconded, motion passed (5-2 *Foley and Staufer opposed). 6.3. Ordinance No. 13, Series of 2022, second reading, An Ordinance Amending Chapter 3A of Title 7 of the Vail Town Code, Concerning Towing and Impoundment of Vehicles Presenter(s): Ryan Kenney, Commander Police Department Action Requested of Council: Approve, approve with amendments or deny second reading of Ordinance 13, Series of 2022. Background: Ordinance No. 13, Series of 2022 amends the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. Staff Recommendation: Approve, approve with amendments, or deny second reading of Ordinance 13, Series of 2022. Kenney reported there were no changes to the ordinance from first reading. There was no public comment. Coggin made a motion to approve Ordinance 13, Series of 2022 upon second reading, Staufer seconded motion passed (7-0). 7. Action Items II 7.1. Ordinance No. 16, Series of 2022, An Emergency Ordinance Suspending the Issuance of Permits for the Booth Heights Property Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 16, Series of 2022 59 Town Council Meeting Minutes of August 2, 2022 Page 10 Background: The Booth Heights Property contains significant natural and wildlife resources and provides critical habitat for a Colorado bighorn sheep herd. The Town is seeking to acquire the Booth Heights Property as open space, and thereafter to maintain the Booth Heights Property as open space pursuant to Section 13.11 of the Town's Home Rule Charter. The current owner of the Booth Heights Property, Vail Resorts, has declined the Town's offers to purchase the Booth Heights Property for fair market value, the Town is now seeking to acquire the fee interest in the Booth Heights Property by condemnation. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 16, Series of 2022 Mire explained the purpose of the ordinance was to be consistent with the Resolution that council passed earlier in the year to acquire open space. Public comment was called. Sarah Kellner, attorney from Faegre, Drinker, Biddle and Reath LLP, represented Vail Resorts, explained council received a letter from Bill Rock earlier in the day, which expressed Vail Resort’s concerns regarding the proposed emergency ordinance. Kellner also stated the emergency ordinance was drastic, unprecedented, and lacked due process. Michael Browning, an East Vail resident, expressed his belief that applying for permits would be a waste of time and money since the issues would be resolved through the pending condemnation. Steven Connolly, a Vail resident, stated the real emergency was affordable housing. Regina Grisafi, an East Vail resident, spoke in support of the emergency ordinance. Maryanne Bachelder, ecology consultant, stated that soils testing permit filed by Vail Resorts would not have an impact on bighorn sheep herd. Richard Leslie, an East Vail resident, encouraged Council to pass the emergency ordinance. Bill Rock, representing Vail Resorts, urged council to reject the emergency ordinance and cited numerous procedural concerns. Kris Miller, an Edwards resident, spoke on in favor of the ordinance. Tom Vucich, an East Vail resident, expressed his disappointment in Vail Resorts not negotiating in good faith and applauded Council for their stance regarding the Booth Heights property. Tony Ryerson, an East Vail resident voiced his support of the emergency ordinance and criticized Vail Resorts painting themselves as a victim. Public comment ended. 60 Town Council Meeting Minutes of August 2, 2022 Page 11 Foley commented that during the appeal portion of the meeting, Vail Resort representatives referenced the Planning Commission and that they had left out the “E” which stood for environment, which Foley stated was part of the Town of Vail’s heritage. Foley couldn’t understand that anyone who was concerned about the environment wouldn’t want to save the bighorn sheep. Davis explained he believed Council was overreaching with the emergency ordinance, and he would not vote in favor of its passage. Mason stated after understanding some geological activities could disrupt the herd and due to the unsuccessful collaboration with Vail Resorts concerning the property, she would support the ordinance. Langmaid also stated she would support the ordinance and explained the herd had been migrating lower during the summer months and would not want issuance of permits to disrupt the herd. Seibert expressed his disappointment with Vail Resorts and stated Residences at Main Vail was being built with the understanding that Booth Heights would be left for the sheep and explained Council cannot listen to what Vail Resort has told them. He stated Council could only observe what Vail Resorts has shown them. Seibert stated due to the fish kill in Mill Creek and the recent activity that happened in Keystone he did not think it would be responsible for the council to leave the parcel to Vail Resorts. Seibert stated he would be voting in favor of the ordinance. Coggin stated he was not in favor of condemnation but would support the emergency ordinance. Foley made a motion to approve the emergency ordinance suspending the issuance of permits for the Booth Heights Property, Staufer seconded motion passed (6-1*Davis against). There being no further business to come before the council, Foley moved to adjourn the meeting; Davis seconded motion to adjourn passed (7-0). Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Deputy Town Clerk 61 AGENDA ITEM NO. 3.2 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:August 16, 2022 Town Council Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 08162022TC.pdf 62 Town Council Meeting Minutes of August 16, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, August 16, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Barry Davis Kevin Foley Jen Mason Members absent: Travis Coggin, Mayor Pro Tem Pete Seibert Jonathan Staufer Staff members present: Stan Zemler, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Deputy Town Clerk 1. Citizen Participation Samantha Biszantz, Vail resident and business owner, expressed her concern for the new proposed model for special event funding, asked council to protect the commercial core from excessive noise complaints from short-term renters, and asked for transparency with the community regarding the pending condemnation in East Vail, specific to funding the condemnation and what would be cut from the town budget to accommodate those funds. Robyn Smith, a West Vail resident, spoke to 2A passing last year for more money for housing and urged council to act on multiple housing opportunities and asked council to reevaluate the funding policies for the town’s current needs. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. Resolution No. 37, Series of 2022 a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Eagle County Clerk and Recorder Concerning a Coordinated Election on November 8, 2022. Background: The town is considering calling a special election and adopting a ballot question for the November 8, 2022 general election; if said ballot measure is approved the Town intends to hold a coordinated election with Eagle County; and the Town and the Eagle County Clerk and Recorder wish to enter into an agreement with regard to the coordinated election. 63 Town Council Meeting Minutes of August 16, 2022 Page 2 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 37, Series of 2022. Davis made a motion to approve Resolution No. 37, Series of 2022, Mason seconded motion passed (4-0). 3.2. Resolution No. 38, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Columbine West Condominium, Unit 1, 2833 Kinnikinnick Road, Vail, CO 81657 Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Approve Resolution No. 38, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Columbine West Condominium, Unit 1, 2833 Kinnikinnick Road, Vail, CO 81657 in the amount of $580,000. Davis made a motion to approve Resolution No. 38, Series of 2022, Mason seconded motion passed (4-0). 3.3. Resolution 39, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Bufferhr Creek Condominium, Unit A7, 1860 Meadow Ridge Road, Vail, CO. 81657. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Approve Resolution 39, Series of 2022, authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Bufferhr Creek Condominium, Unit A7, 1860 Meadow Ridge Road, Vail, CO. 81657 in the amount of $520,000. Davis made a motion to approve Resolution No. 39, Series of 2022, Mason seconded motion passed (4-0). 3.4 Resolution No. 40, Series of 2022, A Resolution Approving the Purchase of the Residential Property known as Buffehr Creek Condominium, Unit A9 1860 Meadow Ridge Road, Vail Colorado 81657. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too 64 Town Council Meeting Minutes of August 16, 2022 Page 3 is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: Approve Resolution No. 40, Series of 2022, authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Buffehr Creek Condominium, Unit A9 1860 Meadow Ridge Road, Vail Colorado 81657, in the amount of $745,000. Davis made a motion to approve Resolution No. 40, Series of 2022, Mason seconded motion passed (4-0). 3.5. Contract Award to River Restoration to perform Lidar and ground surveys of 2- year and 100-year floodplains and update Vail Ground Control Monuments. Background: The Vail Town Council adopted the Stream Corridor Protection Ordinance on May 17,2022. The ordinance established new stream setbacks within Vail town boundaries which are based on the Two-Year Flood Line (TYFL) along Gore Creek and its named tributaries. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with River Restoration, a business specializing in river engineering, for the completion of Lidar and ground surveys in the amount of, and not to exceed $184,000. Davis made a motion to approve, Mason seconded motion passed (4-0). 3.6. Contract Award to Phoenix Industries LTD for Children's Garden of Learning East Slope Background: The east slope of the Children’s Garden of Learning has historically been an eyesore, and with the completion of the Children’s Garden of Learning there have now been continued erosion issues. Town staff has bid out a slope restoration project that will resolve the erosion and enhance the boulder slope with landscape and irrigation. Staff Recommendation: Staff recommends that the Town Council direct the Town Manager to enter into a construction contract with Phoenix Industries, LTD in a form approved by the Town Attorney in an amount not to exceed $161,000.00. Mason made a motion to approve, Davis seconded motion passed (4-0). 4. Town Manager Report There was no report. 5. Action Items 5.1. Update on Parking and Mobility Task Force recommended winter 2022-2023 parking program 65 Town Council Meeting Minutes of August 16, 2022 Page 4 Presenter(s): Greg Hall, Director of Public Works and Transportation Background: The purpose of this item is to provide Town Council with an update on the Parking and Mobility Task Force (PAMTF) discussions regarding mobility and winter parking, provide recommendations for winter 2022-2023 and request Town Council direction regarding next steps. Staff Recommendation: Provide direction to the staff and the PAMTF on the information presented as well as provide feedback on the issues regarding any additional information which would be useful from the Task Force as the Town Council will be asked to decide on the winter 2022-2023 parking and mobility program in September. Hall reviewed prior years’ winter parking and explained the upcoming winter season goals of Parking and Mobility which was to provide and manage parking that would meet the 15-day goal of overflow parking on South Frontage Road for summer and winter, provide sufficient close in parking spaces on all but peak overflow days for guests, and to manage parking to supply parking 90% of the season. Hall went on to explain the Parking and Mobility Task Force had discussed a peak and non- peak pricing scenario that would result in 50 peak days and 114 non-peak days for the winter season. Rates would vary during peak and non-peak days which would depend on segmented user groups, which were identified as Employee, Vail Local, Eagle County Local, and Colorado Local. $40.00 was proposed for peak days for the upcoming winter and $30.00 for non-peak days. Hall proposed working with CDOT on a paid system for the Frontage Road overflow parking with the intent to push vehicles to use parking garages because it would be safer. Hall also proposed a $500.00 employee pass and possible carpool or ride matching services program. Hall also presented the recommended parking pass prices for the upcoming winter season: Mobility Passes Existing Proposed Premium $3,300 $4,125 Business Premium $2,000 $2,750 Employee $ 350 $ 500 Local $ 25 $ 50 Eagle County $ 25 $ 50 Colorado N/A $ 10 Hall explained the next steps would include discussions with various community groups about parking proposals, testing the new equipment, and returning to Council on September 20, 2022, with final recommendations for the winter parking season. Mason expressed her concern for the increase in price for the Business Premium Pass, which used to be the Silver Pass. Foley stated he would like to see employees continued to be accommodated with the free after 3:00pm in the parking structures. 66 Town Council Meeting Minutes of August 16, 2022 Page 5 Davis would like to see how the program elements could be prioritized and wanted to make sure they were communicated to the different user groups effectively. Langmaid agreed with Davis and stated it would be beneficial to simplify the programs and communicate them effectively. Public comment was called. Ali Kelkenberg, a Vail resident, asked if data from pre-COVID years had been reviewed to determine the recommended peak and non-peak dates. Hall stated the task force had looked at the dates on the Frontage Road from 2018 to the previous year. There was no other public commit. 6. Public Hearings 6.1. Ordinance 15, Series of 2022, second reading Amending Title 7 of the Vail Town Code by the Addition of New Regulations for Pedestrian Mall Areas in the Town Presenter(s): Commander Ryan Kenney, Vail Police Action Requested of Council: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Background: The Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; as well as reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; provide a higher-quality experience for all businesses and customers located in the Village Core; and the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. Staff Recommendation: Approve, approve with amendments or deny Ordinance 15, Series of 2022. Kenney explained there had been no changes to the ordinance from the first reading. Foley asked for Checkpoint Charlie to show courtesy to the business owners that would need to get into Vail Village before 9:00am. Kenney agreed that the police department would be lenient to business owners and also stated that depending on feedback from the community, those times could be adjusted at a later date. Foley made a motion to approve Ordinance 15, Series of 2022 upon second reading, Davis seconded motioned passed (4-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Davis seconded motion to adjourn passed (4-0) meeting adjourned at 7:07 pm. 67 Town Council Meeting Minutes of August 16, 2022 Page 6 Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Deputy Town Clerk 68 AGENDA ITEM NO. 3.3 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:August 23, 2022 Town Council Special Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 08232022 SPECIAL TC.pdf 69 Town Council Meeting Minutes of August 23, 2022 Page 1 Vail Town Council Special Meeting Minutes Tuesday, August 23, 2022 1:30 P.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 1:30 P.M. by Mayor Pro Tem Coggin. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jonathan Staufer Members absent: Pete Seibert Jen Mason Staff members present: Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Deputy Town Clerk 1. Call to Order 2. Resolution No. 41, Series of 2022, A Resolution Approving an Employment Agreement Between the Town of Vail and Russell Forrest Approve Resolution No. 41, Series of 2022. Presenter(s): Krista Miller, Director of Human Resources and Matt Mire, Town Attorney Background: The Town wishes to retain the services of Russell Forrest to act as Town Manager. Staufer made a motion to Approve; Foley seconded the motion Passed (5 - 0). 3. Adjournment (1:40 pm estimate) There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion to adjourn passed (5-0) and the meeting adjourned at 1:32pm. 70 Town Council Meeting Minutes of August 23, 2022 Page 2 Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Deputy Town Clerk 71 AGENDA ITEM NO. 3.4 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Master Lease of 4081 Bighorn Road Unit 14i SUGGESTED ACTION:Authorize the Town Manger to enter into a yearly master lease for 4081 Bighorn Road Unit 14 i in an amount not to exceed $56,400. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council memo Master lease 090622.docx 72 To:Town Council From:Greg Hall, Department of Public Works Date:September 6, 2022 Subject:Authorize the Town Manager to enter in a Master Lease for town employee housing I.PURPOSE The purpose of this item is to: Authorize the Town Manger to enter into a Master Lease for 4081 Bighorn Road Unit 14 i, in an amount not to exceed $56,400. II.BACKGROUND The Town of Vail manages an extensive housing program for employees working for the Town of Vail. As we enter this coming winter season, the number of available units compared with the number of positions needed to fill, has required to the town to aggressively acquire additional spaces for our seasonal staff. The town has secured the ability to Master Lease a furnished 3 bedroom 3 bathroom unit. This unit will be a shared living arrangement for 3 employees. The unit is at 4801 Bighorn Road Unit 14i. The Master Lease is for a year at $56,400. III.ACTION REQUESTED BY COUNCIL Authorize the Town Manager to enter into a master lease for 4801 bighorn Road Unit 14i for $56,400. IV.STAFF RECOMMENDATION Authorize the Town Manager to enter the master lease in an amount not to exceed $56,400. 73 AGENDA ITEM NO. 3.5 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to AVI-SPL for Council Chambers A/V Upgrade SUGGESTED ACTION:Authorize Town Manager to enter into a contract approved by the Town Attorney with AVI-SPL not to exceed $105, 312.01. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: ChambersAVI-SPLAgreement.pdf 74 1 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 6th day of September, 2022 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 , (the "Town"), and AVI-SPL, LLC, an independent contractor with an address of 7367 Revere Pkwy, Suite 2B, Centennial, CO 80112 ("Contractor") (each a "Party" and collectively the "Parties"). Contractor's terms and conditions are also incorporated into this agreement. Should there be conflicting language, the language found in the Agreement shall apply. WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all authorized work performed to the date of termination plus reimbursement at cost for any third party cancellation \restocking fees incurred. If, however, Contractor has substantially or materially breached this Agreement, and the breach was not remedied after receiving notice, the Town shall have any remedy or right of set-off available at law and equity. 75 2 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX III. COMPENSATION In consideration of the Scope of Services by Contractor, the Town shall pay Contractor $105,312.01, per the terms contained in Contractor's proposal attached to this Agreement. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D. Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened rele ase of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the pro tection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. 76 3 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX V. OWNERSHIP Any materials, items, and work originally prepared, developed, or conceived as part of or in connection with the Scope of Service , along with all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town. All rights and interests in Vendor and third party materials that existed prior to and independent of performance of the Scope of Services shall remain that of its original owner. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that t is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. 77 4 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. WORKERS WITHOUT AUTHORIZATION A. Certification. Contractor hereby certifies that, as of the Effective Date, it does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement and that Contractor will participate in either the E- Verify Program administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. 78 5 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under th is Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 79 6 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement , debt or liability beyond the current fiscal year. L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, 80 7 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX labor disputes, forces of nature, supply chain disruptions, the authority and orders of government or pandemics. 81 8 9/1/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Stan Zemler, Interim Town Manager ATTEST: __________________________________ Stephanie Bibbens, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2022, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 82 8 8/23/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX EXHIBIT A SCOPE OF SERVICES The Contractor’s scope of work and deliverables have been defined within the included document and agreed upon by the IT Department at the Town of Vail, as indicated by the Director’s signature. 83 AudioVisual Solutions Proposal For 7367 S Revere Pkwy Suite 2B Centennial, CO 80112 (303) 792-3090 Fax: (303) 792-3094 www.avispl.com Alex BernardoPrepared By: 396003-2Proposal No: Town of Vail Upgrade of Town Council Chambers Alex.Bernardo@avispl.com AVI-SPL LLC Proposal #: 396003-2 1 | P a g e 84 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. August 15th, 2022 Omar Jimenez Town of Vail 75 S. Frontage Road Vail, CO 81657-5096 Council Chambers AV Upgrade Dear Omar, Thank you again for the opportunity to work with you upgrade the Town of Vail audio visual systems. Please find attached our revised proposal based on our most recent conversation. Our proposal is based the site visit and the conference calls that we have had. We removed the rack doors and power distribution and the one confidence display. Project pricing: Equipment, materials, labor, T&E $100,960.89 tax exempt Project Total $100,960.89 12-month service plan* $4,351.12 *36-month plan also available Below is the detailed scope of work. Once you have had a chance to review it, please let us know if you would like to schedule a time to review it with us and make any adjustments. I look forward to speaking with you very soon. Thank you again for the opportunity, Alex Bernardo Account Executive AVI-SPL 303-638-3818 alex.bernardo@avispl.com AVI-SPL LLC Proposal #: 396003-2 2 | P a g e 85 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. AVI-SPL Solution Scope of Work After careful and deliberate consideration of your requirements, we are pleased to provide the following audiovisual solutions scope of work. The scope of work noted is based on sound engineering principles, reliable technology, and have been formulated specifically to meet your requirements. Project Overview Upgrade of the presentation systems in the Town of Vial Council Chambers. Council Chambers Applies to: Council Chambers Design Narrative The current control system will be upgraded to QSC control for audio, video and camera functionality for different meetings that are held within the space. Current meeting use cases: 1. Council meeting (weekly) 2. Planning Commission 3. Design Review Board 4. Commission of Special Events 5. Liquor Board (monthly) 6. Vail Recreation and Public use Control system programming will allow for the end user to select the meeting type for the presentation. A technical page will be provided that is hidden from standard users that will allow for the control of cameras and audio setting by a technician. New speakers will be provided for better coverage of the gallery. Scope of Work – Hardware Integration All equipment provided and installed by AVI-SPL unless otherwise specified. The four currently installed cameras will remain in place and will be used exclusively by the Newtek Tricaster. Display(s) The following display devices will be integrated into the system: Four owner furnished displays and mounts. • Two of the owner furnished displays will flank each other on opposite sides of the gallery. • One owner furnished display will be ceiling mounted from the ceiling joist closest to the room front for the gallery to view. • One owner furnished display will be ceiling mounted from the ceiling joist near the room center for the presenter and other participants at the dais to view. AVI-SPL LLC Proposal #: 396003-2 3 | P a g e 86 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. Source Equipment and Interfaces The following sources will facilitate end user laptop connections: • 1 HDMI connection(s) located at the lectern for laptop connectivity. • 2 HDMI connection(s) located at the table for laptop connectivity. • 1 HDMI connection(s) located dais for laptop connectivity. • 1 HDMI connection(s) located IT desk for laptop connectivity. • 1 HDMI connection(s) located in the equipment rack for auxiliary device connectivity. Under-table interface boxes will route compatible video signals into the system. Connectivity to these interfaces shall be made via a table access panel provided and installed by others. The following owner furnished source devices will be integrated into the system: • A cable or satellite TV receiver with HDMI output, located in the equipment rack. Routing and Switching The following video routing and switching devices will be integrated into the system: All routing and switching will be from encoders to decoders connected to a private audiovisual network switch. Sources can be routed to any or all display(s) connected to the audiovisual network. Audio The following audio devices will be integrated into the system: • A digital signal processor (DSP) will support all audio sources. All microphones used for conferencing shall utilize a dedicated acoustical echo canceling (AEC) channel per microphone element in the DSP. See the Conferencing section for more detailed information regarding audio or video conferencing. • Microphones will support conferencing and other system features. The following microphone(s) will be used to provide speech audio to conference calls. The microphone(s) will support local voice reinforcement within the room. o 10 Gooseneck wired microphone(s). o 1 Gooseneck with shock mount wired microphone(s). o 2 Handheld wired microphone(s). AVI-SPL LLC Proposal #: 396003-2 4 | P a g e 87 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. Conferencing The following conferencing devices will be integrated into the system: • USB audio and video connections will facilitate Bring Your Own Device (BYOD) conferencing for a dedicated owner furnished room PC. The signals for these devices will be connected to a USB hub that accepts both USB 2.0 and 3.0 to provide a single USB connection to the user. • 1 camera(s). An encoder with a built in USB bridge will allow users to utilize it for UCC meetings. o A high-definition video camera will be mounted at the front of the room to view the participants in the location specified by the client. o Audio for BYOD conferencing will utilize the audio DSP's USB output. Equipment Rack and Accessories Equipment will be installed in the following locations: • A free-standing equipment rack will house all racked equipment. The rack will be located in the room. The equipment rack will be free-standing. o AVI-SPL shall provide the required minimum dimensions for the equipment rack. o A power conditioner or surge protector will be installed in the A/V rack to protect all racked equipment. Control System and Accessories A control processor will be installed to enable various functions throughout the system. Please refer to the Software Integration section for more detailed information about system control. • The control processor will be located in the equipment rack. • A wired touch screen interface with a 7” screen size will be located at the table. • A wired touch screen interface with a 10” screen size will be located at the table. AVI-SPL LLC Proposal #: 396003-2 5 | P a g e 88 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. Scope of Work – Software Integration A control system will be provided to activate many necessary user needs. This greatly reduces the complexities of operating an integrated A/V system and facilitates greater system utilization and an enhanced meeting experience. User Experience Developing a unique system based upon the end users’ needs and an understanding of how the space will be utilized has led AVI-SPL to identify three styles of user and room interactions: Autopilot, Co-Pilot, and Pilot. These styles range from the user who wants to use technology transparently, to the person who wants to control every aspect of collaboration. Based on the design requirements, AVI-SPL has selected the following user experience for this room: Autopilot This is a highly automated room experience. User interaction is plug-and-play with little or no interaction requirements. Use and function for this experience commonly includes pre-schedule meeting spaces and public meeting spaces without an interface. While a touch interface is not required, if one is present, it will reflect the current state of the room. The goal of this automation level is for end users to be able to begin their meeting with ease, quickly sharing content or having calls automatically answered. For more specific information about the chosen automation design and use cases, please refer to the User Experiences section of the AVI-SPL Programming Functionality Statements document. User Interface A user interface will facilitate advanced system operation. The following user interface(s) will be used for this system: • The touch screen graphical user interface will be a custom solution specifically for this project. This custom solution will require coordination meetings with AVI-SPL to design, submit and approve prior to completing all control code creation. Please reference the Custom User Interface scope of work document for specific details on this option. o AVI-SPL will provide the layout and the functionality of each button for each user page of the touch screen to the Customer prior to implementation for client input and final client approval. • All specified equipment in the proposal will be incorporated into the control system. As part of the programming process, AVI-SPL will provide the layout and the functionality of each button to the Customer prior to implementation for input and final approval. System Events As part of the control system programming, many system level events can be monitored and acted upon. The following system events will be included in this system: Mute Synchronization It is often necessary to synchronize the state of many devices. The control system will be utilized to synchronize the mute states between the conference system(s) and the microphones. If the microphone has visual indicators, such as an LED, those indicators will change to reflect mute state. For more specific information about the chosen system events, please refer to the System Events section of the AVI-SPL Programming Functionality Statements document. AVI-SPL LLC Proposal #: 396003-2 6 | P a g e 89 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. Network and Network Security The integration of Audio-Visual hardware can consist of many different devices and systems, each with varying network requirements, impacts to traffic and routing, and unique management and security processes. AVI-SPL will work with Town of Vail to identified stakeholders to properly assess network requirements and deployment considerations. AVI-SPL will design the system to meet identified network requirements and will provide construction drawings and a list of devices before installation on site. At the time of installation, AVI-SPL will connect devices according to the documented system design and identified network requirements. The following network design is being followed for this project: Isolated AV Network All hardware being installed is not required to connect to the owner network. Networking and security implementation will be deployed within industry best practices. ** Please see the “Customer Responsibilities” and “Software Licenses and Service Accounts” sections of this document for deployment best practices and installation requirements. Additional information regarding specific applicable processes and procedures can be referenced in the “AVI-SPL Network and Security” addendum to this document. ** Customer Responsibilities These are items that AVI-SPL is dependent upon to complete the project scope of work on time, however, these requirements and responsibilities are not provided by AVI-SPL. For a complete list of exclusions, please refer to the Integration Inclusions and Exclusions section of this proposal. These requirements must be provided by the owner or other 3rd parties and may fall under the responsibility of an Architect, General Contractor, Electrical Contractor, Data Contractor, Security Contractor, Furniture/Millwork Contractor, IT departments, Facilities or Real Estate groups. • All required backing and any other wall reinforcement required to safely accommodate displays. Any display wall shall be properly backed to withstand the weight of the display with a safety factor of at least 5:1. • All AC power at the equipment locations, including hardwired power connections. • All required conduit for low voltage cable paths to AV equipment. • All ceiling work required to accommodate the projectors, projection screens, or other equipment. • All required millwork modifications to tables or other millwork. • Proper heat dissipation venting for the equipment in this system. Where convection cooling is not possible, a powered venting system with thermostatically controlled quiet fans. • All required network configuration for any network connection to the client network. • All software or hardware licenses not specifically provided in this scope of work or associated bill of materials. • All software or hardware configuration for owner furnished equipment. • Where VoIP is utilized, all required configuration information prior to installation. • All cable/satellite/over-the-air TV connections and all associated hardware. AVI-SPL LLC Proposal #: 396003-2 7 | P a g e 90 Audio Visual Innovations Inc. and Signal Perfection Ltd are wholly owned subsidiaries of AVI-SPL, Inc. This Entire Document and all information (including drawings, specifications and designs) presented by any subsidiary are the property of AVI-SPL Inc. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL. All Rights Reserved. Site Readiness The minimum acceptable site conditions of the project site for the installation of electronic equipment are as follows. • The rooms and directly adjacent areas into which the equipment will be installed must be dust-free with floor, ceiling, and wall finishes to be completely installed in the rooms affected by the equipment. • The rooms into which the equipment will be installed must be secure. • All Electrical power, conduit systems, HVAC systems, IT requirements (wired or wireless services), communication circuits, and or other services required by the systems and equipment should be fully installed, energized, and configured for use. • All furniture into which components of the equipment will be installed shall be present at the time of staging and/or installation. • All telephone, POTS, VOIP, modem, PRI, data, LAN, and telecommunications connections are installed, fully tested, and active. • Configuration of OFE networks, applications, servers, and services to provide interoperation with installed systems. • Coordination and timely IT support and documentation (such as providing IP addresses or account credentials). Software Licenses and Service Accounts Supervised or direct access to systems must be provided as needed for a properly provisioned and licensed account where appropriate. Examples include Zoom Rooms activation codes, Microsoft Teams accounts, calendar service account, and more. • The customer may decide not to provide credentials to AVI-SPL, and to provision the installed hardware themselves. In this case AVI- SPL will be unable to fully test the system before receiving sign-off for the installation. All system components will be tested individually to ensure proper stand-alone function, and project sign-off will be requested before technicians leave site. • If AVI-SPL is unable to properly commission and test the system at the time of installation due to issues with access, an additional site visit may be required. Any additional visits will be billed at the standard contracted labor rate, provided Customer is at fault and approves additional cost in advanced and in writing, scheduling will be done on a best effort basis. Training • AVI-SPL shall provide a system familiarization training and power-user training, limited to a total of 4 hours. • End user, employee training on Teams or Teams Rooms is not included with this quote but can be quoted separately based on the individual needs of the client. CAD • AVI-SPL shall provide a standard CAD packing that includes a system functional one-line of design. AVI-SPL LLC Proposal #: 396003-2 8 | P a g e 91 92 Equipment List Room Summary - Upgrade of Town Council Chambers Description QtyMfg Extended PriceModelUnit Price TOWN OF VAIL COUNCIL CHAMBERS UPGRADE 0 $0.00REFRESH OF EXISTING COUNCIL CHAMBERS $0.00 0 $0.00NEW ROUTING AND SWITCHING INFRASTRUCTURE $0.00 0 $0.00NEW AUDIO DSP FOR EXSISTING MICROPHONES AND SPEAKERS $0.00 0 $0.00NEW CONTROL SYSTEM AND PROGRAMMING FOR ROOM USE CASES $0.00 0 $0.00NEW ZOOM MEETING CAPABILITY $0.00 0 $0.00$0.00 0 $0.00$0.00 DISPLAY HARDWARE 2CHIEFOFE OFEDISPLAY MOUNT (Owner Furnished Equipment) OFE 2SAMSUNGOFE OFESAMSUNG DISPLAY (Owner Furnished Equipment) OFE 2QSCQSCNV32H $6,024.10ENDPOINT, 4k60 4:4:4 CORE CAPABLE NETWORK VIDEO $3,012.05 1QSCQSCPTZ20X60 $3,891.57CAMERA, PTZ 20X OPTICAL ZOOM 60 DEGREE HORIZONTAL $3,891.57 5QSCQSCPTZCMB1 $560.25BRACKET, CEILING MOUNT FOR PTZ CAMERA $112.05 0 $0.00$0.00 0 $0.00$0.00 SOURCES 6QSCQSCNV32H $18,072.30ENDPOINT, 4k60 4:4:4 CORE CAPABLE NETWORK VIDEO 1.County clerk PC at Dias 2.Dais Left Side 3.Visitor at desk/portable podium 4.IT rear of room 5. local cable access broadcast $3,012.05 0 $0.00$0.00 0 $0.00$0.00 AUDIO SYSTEMS 1QSCQSCCORE510IKIT $6,626.51SYSTEM, INTEGRATED CORE W/8 I/O CARD SLOTS, 256 NETWORKED CH $6,626.51 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 396003-2 10 | P a g e 93 Description QtyMfg Extended PriceModelUnit Price 6QSCQSCCIML4HP $4,973.524 CHANNELS OF MIC/LINE-LEVEL ANALOG AUDIO INPUT $828.92 2QSCQSCCOL4 $573.504 CHANNELS OF BALANCED LINE LEVEL AUDIO ANALOG OUTPUT $286.75 1QSCQSCSLDAN64P $1,253.01SOFTWARE LICENSE, Q-SYS DANTE 64x64 CHANNEL, PERPETUAL $1,253.01 1QSCQSCCX602V $1,831.33AMPLIFIER, POWER $1,831.33 1SHURESHUQLXD24SM58G50 $987.77WIRELESS SYSTEM W/HANDHELD SM58 MICROPHONE $987.77 12QSCQSCADP4TBK $2,530.08SPEAKER, 2-WAY 4.5" PENDANT, 70/100V, BLACK $210.84 0 $0.00(PRICED INDIVIDUALLY, SOLD IN PAIRS)$0.00 0 $0.00$0.00 0 $0.00$0.00 CONTROL AND NETWORK SYSTEMS 1NETGEARNETGSM4230UP100NA S $2,274.67SWITCH, M4250 26G4F POE PLUS MN SW $2,274.67 1QSCQSCTSC70G3 $1,337.35CONTROLLER, 7" Q-SYS POE TOUCHSCREEN, IN- WALL MOUNTING $1,337.35 1QSCQSCTSC101G3 $2,228.92CONTROLER, 10.1" TOUCH PANEL FOR IN-WALL MOUNT, BLACK $2,228.92 1QSCQSCSLQSE510P $727.71SOFTWARE LICENSE, Q-SYS CORE 510 SCIPTING ENGINE, PERPETUAL $727.71 1QSCQSCSLQUD510P $404.82SOFTWARE LICENSE, Q-SYS CORE 510 UCI DEPLOYMENT, PERPETUAL $404.82 0 $0.00$0.00 RACK MOUNT SYSTEMS 1MIDDLE ATLANTIC MIDBGR2527LRD OFERACK, 25 SPACE / 27" DEEP MULTIBAY BGR W/O REAR (Owner Furnished Equipment) OFE 1MIDDLE ATLANTIC MIDLACE23OP $140.9640 1/4" H, 3 1/4" W, CABLE LACER STRIP W/CBL TIE $140.96 4MIDDLE ATLANTIC MIDFWDEB1 $47.72BLANK PANEL, FORWARD 1 SPACE FLANGED, FLAT BLACK $11.93 2MIDDLE ATLANTIC MIDFWDEB2 $28.20BLANK PANEL, FORWARD 2 SPACE FLANGED, FLAT BLACK $14.10 1MIDDLE ATLANTIC MIDUFA8F2 $48.25RACK SHELF 1 RU, 8"D, W/2 RU FACEPLATE $48.25 0 $0.00$0.00 CONFIDENCE MONITOR 1DISPLAYOFE OFEOWNER FURNISHED DISPLAY (Owner Furnished Equipment) OFE 1MOUNTOFE $837.83OWNER FURNISHED CEILING MOUNT $837.83 1QSCQSCNV32H $3,012.05ENDPOINT, 4k60 4:4:4 CORE CAPABLE NETWORK VIDEO $3,012.05 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 396003-2 11 | P a g e 94 Room Support and Maintenance Elite Maintenance Services - Room; 12-months $4,351.12 Description QtyMfg Extended PriceModelUnit Price 0 $0.00$0.00 0 $0.00$0.00 $58,412.42Subtotal $105,312.01Subtotal For informational purposes only – all Purchase Orders must match Investment Summary details. Equipment Total $58,412.42 Installation Materials $4,394.38 Professional Services $28,690.00 Direct Costs $7,209.42 General & Administrative $2,254.67 Services - Room Support and Maintenance $4,351.12 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved AVI-SPL LLC Proposal #: 396003-2 12 | P a g e 95 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved General Terms and Conditions 1. Applicability of Terms 1.1 These General Terms and Conditions (together with any addenda attached hereto and incorporated herein by this reference, the “Terms and Conditions”) and the accompanying Audiovisual Solutions Proposal (the “Proposal”) are the only terms and conditions which govern the sale of the equipment and any related software (the “Products”) and services (the “Services”) specified in the Proposal by AVI-SPL LLC (“Seller”) to the buyer/customer identified in the Proposal (“Buyer”). Seller and Buyer may be individually referred to as a “Party” and collectively as “Parties.” 1.2 The Terms and Conditions and the Proposal (collectively, the “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of a conflict or inconsistency between the General Terms and Conditions and any addendum, the addendum shall prevail to the extent of such conflict or inconsistency. In the event of a conflict between the Terms and Conditions and the Proposal, the Terms and Conditions shall prevail to the extent of such conflict or inconsistency. Notwithstanding anything herein to the contrary, if a master services agreement signed by both Parties is in effect covering the sale of the Products and Services that are the subject of the Proposal, the terms and conditions of said agreement shall prevail to the extent they conflict or are inconsistent with these Terms and Conditions. 2. Acceptance and Modification of Terms 2.1 This Agreement shall not be binding upon Seller until accepted by Buyer as set forth in this sub-Section 2.1 and the earlier of Seller’s confirmation in writing of Buyer’s order and Seller’s performance under the applicable Proposal. Buyer’s signed acceptance of the Agreement, issuance of order against the Agreement, payment for any of the Products or Services contained in the Agreement, or receipt of the Products or Services contained in the Agreement, whichever occurs first, shall constitute Buyer’s acceptance of this Agreement. 2.2 Any modification, addition to, or waiver of any of this Agreement shall not be effective unless in writing and signed by an authorized representative of Seller, and any different or conflicting terms appearing in Buyer’s purchase order or other documents are expressly rejected by Seller. No relaxation, forbearance or indulgence by a Party in enforcing any of the terms and conditions of this Agreement or the granting of any time to the other Party shall prejudice or restrict the rights and powers of a Party hereunder, nor shall waiver of any breach hereof operate as a waiver of any subsequent or continuing breach hereof. 3. Delivery 3.1 Seller will use its best efforts to deliver the Products in accordance with the Buyer requested delivery date, subject to receipt of all necessary information from Buyer and Buyer’s compliance with Seller’s reasonable instructions for site readiness. Shipping and installation dates are approximate only, and Seller shall not be liable for failures of or delays in manufacture, delivery or installation resulting from any cause or causes beyond its reasonable control and without its fault or negligence. 3.2 Any delay due to causes beyond Seller’s reasonable control and without Seller’s fault or negligence shall extend delivery and installation dates to the extent caused thereby. Seller will use reasonable efforts to timely notify Buyer in the event of a delay. Buyer shall reimburse the Seller its reasonable additional expenses resulting from any Buyer-caused delay. When delivery of the Products is delayed at the request of the Buyer and the Products have already been shipped by Seller’s vendor, Seller will place the Products in storage and invoice Buyer the price of such Products, which will be promptly paid. Seller shall not be liable, and the Buyer shall have no right to cancel or rescind this Agreement, in the event of any delay due to causes beyond Seller’s reasonable control and without Seller’s fault or negligence, and Buyer shall accept such delayed performance by Seller. The Buyer’s receipt of the Products shall constitute a waiver of any claims for delay. 4. Billing and Payment Terms Unless otherwise agreed in writing by Buyer and Seller in the Proposal, the total Proposal price, excluding the price for Stand-alone Services (as defined in this section), shall be billed as follows, subject to continuing credit approval: 50% down payment at time of order, 40% upon delivery at Seller; 10% upon project completion and Buyer sign-off or first beneficial use, whichever occurs first, payable net 30 from Buyer’s receipt of invoice. For purposes of this Agreement, “Stand-alone Services” means any Services not attached to an installation project. Unless otherwise specified in the Proposal, Products are sold F.O.B. origin-Buyer to pay all shipping charges. If this Proposal covers Products or Services for more than one system, room, suite, or location, for purposes of payment in accordance with payment terms stated on the face hereof each room, suite, or location shall be treated as if the subject of a separate sale and payment made accordingly. Unless otherwise specified in the Proposal, all pricing and amounts are in US Dollars and all billing and payment shall be made in US Dollars. 5. Buyer in Arrears or Default In the event Buyer is in arrears with any payment due from it to Seller at any time, whether in respect of the Proposal price or any other amount due from the Buyer to the Seller under the terms of this Agreement, the amount in arrears shall bear interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, as from the date each amount falls due, pending actual payment thereof in full, without prejudice to any relief or remedy available to Seller. Upon notice to Buyer and without waiving any other rights or remedies to which it may be entitled, Seller shall have the right to suspend or terminate performance of the Services or delivery of the Products until payment of the amount in arrears is received, decide not to fulfill additional orders from Buyer and/or seek collection of all amounts due. Seller shall have no liability to Buyer for any such suspension or termination. In the event of any action by Seller to collect any amount not paid when due, Buyer will reimburse Seller for its costs of collection (including, without limitation, any reasonable attorneys’ fees). In the event of Buyer’s default, Seller may also, without notice, peaceably enter any premises in which the Products are located and remove, hold and sell them in accordance with applicable law, to satisfy in whole or in part Buyer’s obligations. 6. Title and Risk of Loss 6.1 Title to the Products shall pass to Buyer upon delivery, subject to the manufacturer’s or Seller’s software license (if applicable) and a purchase money AVI-SPL LLC Proposal #: 396003-2 13 | P a g e 96 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved security interest retained by Seller in the Products sold and the proceeds thereof until payment of all amounts then due to Seller. Seller shall be entitled to remove the Products from the Buyer’s premises if all payments are not made when due. Buyer agrees to reasonably cooperate with Seller in the execution and filing of financing statements under the Uniform Commercial Code or other documents as Seller reasonably requests to protect its security interest. 6.2 Risk of loss or damage to the Products or any part thereof shall pass to the Buyer upon delivery. 7. Installation and Site Preparation 7.1 Installation (e.g. field assembly, interconnection, equipment calibration and checkout) is to be performed by the Seller’s trained technical employees. The Seller shall be entitled to employ subcontractors and/or agents to assist in or carry out, in whole or in part, the installation. In the event installation by Seller employees is prevented by trade unions, the Buyer shall arrange with the trade unions at its own expense to complete installation. The Seller is thereafter liable only for engineering supervision of installation. 7.2 The Seller shall reasonably coordinate and cooperate with other trades to facilitate satisfactory work progress. If the Seller’s work in progress is impeded by other trades and/or contractors (excluding the Seller’s own subcontractors) or by scheduling delays due to the Buyer, time delays in the final installation as well as additional charges, including labor, travel and other reasonable expenses, may result. 7.3 The Buyer shall be responsible for preparing, at its own expense, the installation site in accordance with the Seller’s reasonable instructions, including the requirements specified in the Proposal. In no event shall the Seller be responsible for any high voltage electrical work, ceiling modifications, structural modifications, or mechanical systems modifications. Unless otherwise agreed in writing in the Proposal, Buyer shall provide the Seller with source code for any non-Seller programmed remote control system required to be modified under the terms of this Agreement. 8. Access to Project Site 8.1 The Buyer shall provide the Seller with reasonable access to the installation site before delivery, for purposes of determining site readiness for installation, and shall designate an individual on Buyer’s staff to serve as a contact person for all site preparation and installation issues. Buyer shall provide the Seller with free access to the installation site for the purpose of preparation for installation. 8.2 Buyer shall obtain at its expense and keep effective all permissions, licenses, and permits whenever required in connection with the installation and/or use of the Products and the premises where the Products shall be situated. 9. Warranty 9.1 Seller warrants that: (a) Immediately prior to delivery, it had good title to the Products, free from any lien or encumbrance unless otherwise specified; (b) For a period of ninety (90) days from delivery and acceptance of the Products and Services, or, with respect to Products manufactured by a third party, such longer period of time provided by such manufacturer, the Products and Services will (i) be free from defects in materials or workmanship and (ii) conform to the requirements of the Proposal, including any instructions, specifications and documentation incorporated therein; (c) It is in compliance with all applicable federal, state and local laws, regulations and standards relating to the sale and transportation of the supplies or items, and provision of the Products including all applicable U.S. and foreign anti-corruption laws, including without limitation, the U.S. Foreign Corrupt Practices Act (“FCPA”); and (d) With respect to Services, Seller’s personnel shall possess the requisite level of training, skill and experience to address the requisite tasks efficiently and will perform the Services provided hereunder in a professional and workmanlike manner consistent with generally accepted industry standards. 9.2 Seller shall not be liable for nor have any warranty obligations with respect to Products that are in any way misused, altered and/or repaired by someone other than a representative of the Seller which, within the sole, reasonable judgment of the Seller, results in an adverse effect, including effects upon performance or reliability of the Products. 9.3 In order to make a warranty claim, Buyer shall promptly notify Seller in writing and Seller will, subject to the applicable manufacturer’s warranty policy, repair or replace such defective Product at no cost to Buyer. Seller will attempt to reply to warranty claims received from Buyer prior to 1:00 p.m. within forty-eight hours. Normal working hours are 8 a.m. to 5 p.m., Monday through Friday, excluding legal holidays. Buyer shall reasonably and promptly cooperate with Seller’s request for information regarding the claim and with return of the defective Product if required. 9.4 Except as otherwise specified in this Agreement, no warranty whatsoever is provided by the Seller hereunder as to Products manufactured by anyone other than the Seller, including but not limited to, cables, lamps, batteries, glassware, and evacuated devices (including valve, cathode ray tubes, and other special electron tubes). Seller’s sole obligation with respect to Products manufactured by someone other than Seller shall be to pass through the applicable warranties, if any, provided by the manufacturer. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 10. Buyer Responsibilities Buyer or any user of the Products shall (i) notify Seller as soon as any unusual operating peculiarity appears, and (ii) operate the Products in a safe and competent manner in strict compliance with the Product specifications and operating procedures and applicable laws and government regulations. In the event the Buyer or any user of the Products fails to comply with this Section 10, Seller’s warranties and its obligations hereunder shall terminate without notice to Buyer. 11. Limitation of Liability and Exclusion of Damages TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES, LOST BUSINESS PROFITS, OR LOSS, DAMAGE OR DESTRUCTION OF DATA, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT AND THE RELATIONSHIP AND/OR DEALINGS BETWEEN BUYER AND SELLER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SAME. EXCEPT FOR SELLER’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID OR PAYABLE BY BUYER UNDER THIS AGREEMENT. THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. AVI-SPL LLC Proposal #: 396003-2 14 | P a g e 97 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved 12. Taxes 12.1 Any and all taxes levied or based on the prices in this Agreement, or the Products being sold hereunder, exclusive of any taxes based on net income, shall be added to the purchase prices set forth in the Proposal, except to the extent the Buyer provides the Seller with a valid tax exemption certificate approved by Seller. 12.2 All payments to be made hereunder shall be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If Buyer is compelled to make any such deduction, it will pay to Seller such additional amounts as are necessary to ensure receipt by Seller of the full amount which Seller would have received but for the deduction. 13. Confidentiality 13.1 Each Party may from time to time during the Agreement, in the course of discussions or dealings with each other, receive or learn, orally, visually or through any tangible medium, certain information regarding the other Party’s business, including but not limited to, its products, inventions, operations, methodologies, systems, processes, product development plans or intentions, know-how, designs, trade secrets, market opportunities, business or financial affairs, and technical, marketing, financial, employees, planning, intellectual property and other confidential or proprietary information (“Confidential Information”). Confidential Information does not include, and the restrictions in this Agreement shall not apply with respect to, information (i) possessed by or independently developed by the receiving Party prior to any disclosure, (ii) obtained from sources other than the disclosing Party, which sources had no obligation of confidentiality to disclosing Party with respect to the Confidential Information, or (iii) which is within the public domain when disclosed or becomes part of the public domain after disclosed to the receiving Party without fault on the part of the receiving Party. Seller’s Confidential Information also includes the terms of this Agreement. 13.2 The Confidential Information of a Party belongs to that Party. The receiving Party will not disclose the Confidential Information of the disclosing Party to any third party without the disclosing Party’s prior written consent. The receiving Party will not use the Confidential Information of the disclosing Party for any purpose not expressly permitted by this Agreement or to carry out the Services or the sale of Products, and will disclose the Confidential Information of the disclosing Party only to the employees or contractors of the receiving Party who have a need to know such Confidential Information for purposes of carrying out the Services or the sale of Products and who are under a duty of confidentiality no less restrictive than the receiving Party’s duty hereunder. Receiving Party will protect the disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the receiving Party protects its own confidential or proprietary information of a similar nature and with no less than reasonable care. 13.3 Receiving Party will, upon completion or termination of this Agreement or promptly upon request from the disclosing Party, return or destroy all Confidential Information of the disclosing Party, including any documents or materials that contain any Confidential Information of the disclosing Party. Notwithstanding anything to the contrary in this Agreement, the receiving Party (i) may retain one (1) copy of the disclosing Party’s Confidential Information solely for archival, audit, disaster recovery, legal or regulatory purposes and (ii) will not be required to search archived electronic back-up files of its computer systems for the disclosing Party’s Confidential Information in order to purge the disclosing Party’s Confidential Information from its archived files; provided, however, that the receiving Party must (i) maintain its confidentiality under this Agreement as if it were still in effect, and (ii) not use the retained Confidential Information of the disclosing Party for any other purpose. 13.4 The Parties recognize that a violation of this Section 13 can cause irreparable harm to the business of the disclosing Party that could not be adequately compensated by the payment of money damages and agree that the disclosing Party may seek injunctive relief against any actual or threatened breach of this Section 13 in addition to any other available legal and equitable remedies. The prevailing Party in any action to enforce this Section 13 shall be entitled to recover from the non- prevailing Party reasonable attorneys’ fees in addition to other relief granted in such action. 14. Force Majeure Except for payment for amounts due under the Agreement, neither Party will be liable to the other for delays or failures to perform occasioned by causes beyond its reasonable control and without its fault or negligence. Such acts or events shall include but not be limited to, acts of God, civil or military authority, civil disturbance, riot, fire, strikes, lockouts or slowdowns, factory or labor conditions, inability to obtain necessary labor, materials or manufacturing facilities, and delayed issuance of export control licenses. In the event of such delays or failures to perform, any dates or times by which either Party is otherwise scheduled to perform shall be extended automatically for a period of time equal in duration to the additional time required because of the delay or failure to perform. The Party claiming force majeure shall promptly inform the other Party of any event of force majeure, and its expected duration and cessation. The Party claiming force majeure shall use its best efforts to mitigate such effects to the extent reasonably practicable. 15. Return/Cancellation Policy In the event Buyer wishes to return, cancel, exchange or terminate any Products based on reasons outside of Seller’s control, including but not limited to Buyer’s cancellation or termination of this Agreement or any portion thereof for its convenience, Buyer agrees, in addition to any other amounts due under this Agreement, to reimburse Seller at cost for (i) any and all third party cancellation/restocking fees incurred by Seller and (ii) where applicable, return shipping costs. Buyer understands and agrees that Seller may be unable to return certain Products to the manufacturer for a full refund or payment of a cancellation/restocking fee, including but not limited to Products that are custom or semi-custom, Products that have been removed from their original packaging and Products that have been in the possession of Buyer or stored by Seller for Buyer for an extended period of time. If Buyer wishes to return, cancel, exchange or terminate a Product due to reasons outside of Seller’s reasonable control and Seller is unable to return the Product to the manufacturer for refund of full Product price or payment of a cancellation/restocking fee, Buyer shall be responsible for paying Seller the full Product price. If the non-returnable Product is in Seller’s possession or is in transit from Seller’s manufacturer, Seller will, if requested by Buyer within ten (10) days of Buyer’s notice of return/cancellation/exchange/termination, deliver the Product to Buyer within a reasonable period of time following Buyer’s payment of the full Product price and shipping costs. 16. Termination 16.1 Seller may, without prejudice to any rights or remedies available to Seller under this Agreement, at law or in equity, terminate this Agreement immediately for cause in the event Buyer breaches a material term of this Agreement (it being understood that Buyer’s payment obligations shall constitute a material term) and such breach is not cured within thirty (30) days after written notice thereof. Seller may also, without prejudice to any rights or remedies available to Seller under this Agreement, at law or in equity, terminate this Agreement immediately for cause upon written AVI-SPL LLC Proposal #: 396003-2 15 | P a g e 98 99 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC are the property of AVI-SPL LLC or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved Addendum to General Terms and Conditions – Software License The following terms supplement and modify the General Terms and Conditions as they apply to Seller’s provision of control system integration and programming as more particularly described in this Addendum and the Proposal. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the General Terms and Conditions. 1. License Grant and Ownership 1.1 Seller hereby grants to Buyer a worldwide, perpetual, non - exclusive, non - transferable license to all Software for its use in connection with the establishment, use, maintenance and modification of the control system implemented by Seller. The term “Software” for the purposes of this Software License shall refer to all source code, executable object code, and the patches, scripts, modifications, enhancements, designs, concepts or other materials that constitute the software programs necessary for the proper function and operation of the control system as delivered by Seller and accepted by Buyer. 1.2 Except as expressly set forth in this paragraph, Seller shall at all times own all intellectual property rights to the Software. Any and all licenses, product warranties or service contracts provided by third parties in connection with the Software or control system in which such Software is implemented shall be delivered to Buyer for the sole benefit of Buyer. 1.3 Buyer may supply to Seller or allow Seller to use certain proprietary information, including service marks, logos, graphics, software, documents and business information and plans that have been authored or pre-owned by Buyer. All such intellectual property shall remain the exclusive property of Buyer and shall not be used by Seller for any purposes other than those associated with delivery of the control system. 2. Copies, Modification and Use 2.1 Buyer may make copies of the Software solely for archival purposes and as required for modifications to the control system in which such Software is implemented. All copies and distribution of the Software shall remain within the direct control of Buyer and its representatives. 2.2 Buyer may make modifications to the source code version of the Software, if and only if the results of all such modifications are applied solely to the control system in which the Software is implemented. In no way does this Software License confer any right in Buyer to license, sublicense, sell, or otherwise authorize the use or distribution of the Software, whether in executable form, source code or otherwise, by any third parties, except in connection with the use of the control system for Buyer's internal business needs. 2.3 All express or implied warranties relating to the Software shall be deemed null and void in case of any modification to the Software made by any party other than Seller or Seller’s authorized personnel. 3. Warranties and Representations 3.1 the Software and all intellectual property therein, are original to Seller or its third party licensors; and 3.2 the Software, as delivered by Seller as part of the control system, will not infringe or otherwise violate the intellectual property rights of any third party. 4. Indemnification 4.1 Seller hereby indemnifies and shall defend and hold harmless Buyer, its parent companies and its and their subsidiaries, affiliates, officers, directors, employees, agents and subcontractors from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys' fees and expenses, arising out of or in connection with any third party claims that the Software as delivered by Seller or any intellectual property therein infringes or otherwise violates any rights of any such third party. In no event will Seller have any obligations under this provision in the event such infringement results from (i) use of the Software or control system in which it is implemented in violation of this Software License, (ii) modification or alteration of the Software or the control system in which it is implemented by someone other than Seller or Seller’s authorized personnel, (iii) content or specifications provided by Buyer, or (iv) use of the Software or control system in which it is implemented in combination with any other software, hardware, services or other materials other than as provided by Seller or authorized in the applicable manufacturer specifications. 4.2 Buyer hereby indemnifies and shall defend and hold harmless Seller, its parent companies and its and their subsidiaries, affiliates, officers, directors, employees, agents and third party licensors from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys' fees and expenses, arising out of or in connection with any third party claims that Buyer's use of the Software in contravention of the grant of rights in this Software License infringes or otherwise violates any rights of any such third party. 4.3 Upon the assertion of any claim or the commencement of any suit or proceeding against an indemnitee by any third party that may give rise to liability of an indemnitor hereunder, the indemnitee shall promptly notify the indemnitor of the existence of such a claim and shall give the indemnitor reasonable opportunity to defend and to settle the claim at its own expense and with counsel of its own selection. The indemnitee shall cooperate with the indemnitor, shall at all times have the full right to participate in such a defense at its own expense and shall not be obligated, against its consent, to participate in any settlement which it reasonably believes would have an adverse effect on its business. 5. Term and Termination This Software License will automatically terminate upon the disassembly of the control system in which the Software is implemented, unless the control system is reassembled in its original configuration in another location. Seller may terminate this Software License upon notice for Buyer’s failure to comply with any of the terms set forth in this Software License. Upon termination, Buyer is obligated to immediately destroy the Software, including all copies and modifications. AVI-SPL LLC Proposal #: 396003-2 17 | P a g e 100 This Entire Document and all information (including drawings, specifications and designs) presented by AVI-SPL LLC is the property of AVI-SPL or its affiliate. Proprietary information provided to potential customers, clients or agents is for the sole purpose of demonstrating solutions delivery capabilities and shall be held in confidence. These Materials may not be copied, distributed or disclosed in any way without the sole written permission of an authorized representative of AVI-SPL. © Copyright AVI-SPL LLC. All Rights Reserved Addendum to General Terms and Conditions – Global Chip Shortage Due to global semiconductor chip shortages, Seller is experiencing longer than normal lead times on equipment. As a result, Seller cannot guarantee lead times on equipment and will not be liable for any delays in equipment delivery to the extent caused by such sh ortages. However, Seller is working with its global suppliers on a daily basis to understand the impact of this chip shorta ge on delivery timelines and will use reasonable efforts to keep Buyer apprised of anticipated delivery timelines and delays. Should Buyer elect to purchase equipment immediately upon placement of order to mitigate delays, Seller will immediately bill Buyer upon placement of such order and Buyer shall pay for such equipment within the payment terms (e.g. net 30) specified herein, regardless of any other agreed upon billing terms or billing terms specified herein. AVI-SPL will store such equipment in its warehouse until delivery to Buyer. Warranty on such equipment shall commence upon delivery of the equipment to AVI-SPL’s warehouse, notwithstanding any other agreed upon warranty terms or warranty terms specified herein. AVI-SPL LLC Proposal #: 396003-2 18 | P a g e 101 9 8/23/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: ▪ A valid Colorado driver's license or a Colorado identification card; ▪ A United States military card or a military dependent's identification card; ▪ A United States Coast Guard Merchant Mariner card; ▪ A Native American tribal document; ▪ In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or ▪ Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date 102 10 8/23/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAILGOV_COM/DOCUMENTS/AGREEMENTS/AVL- SPI/CHAMBERSAVAGREEMENT.DOCX DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 20 22, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 103 AGENDA ITEM NO. 3.6 Item Cover Page DATE:September 6, 2022 SUBMITTED BY:Kristen Bertuglia, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Letter of Support on the “Camp Hale - Continental Divide National Monument” SUGGESTED ACTION:Approve, approve with modifications the Letter of Support on the “Camp Hale - Continental Divide National Monument" and direct staff to forward to appropriate parties. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CORE Act Camp Hale Letter to President Biden 090622.docx CORE_ACT_Request_BidenAdministration_9.6.22.pdf 104 To:Vail Town Council From:Environmental Sustainability Department Date:September 6, 2022 Subject:Letter to President Biden – Support of CORE Act and Camp Hale National Monument I.Purpose At the Council’s request, staff is providing the background for a proposed letter to President Biden urging support of the CORE Act and the designation of Camp Hale and the Tenmile Range as a National Monument. II.Background For more than a decade, Vail and communities across Colorado have worked to advance the Colorado Outdoor Recreation and Economy (CORE) Act – that will bring permanent protections to over 400,000 acres of vital public lands in Colorado. This legislation has been built from the ground up with years of dedicated stakeholder engagement and enjoys bipartisan support. Regrettably, progress in Congress has stalled despite strong support in Colorado. Secretary Vilsack’s recent visit to Colorado to see Camp Hale emphasized the overwhelming support expressed at the meeting and throughout the years from local elected leaders, conservation stakeholders, sportsmen, ranchers, business leaders, veterans and the 10th Mountain Division Foundation it is clear that Coloradans across the state support the conservation and preservation of these landscapes for future generations. The proposed letter which has the support of Eagle County, Colorado Association of Ski Towns (CAST), and communities across the state, will urge the President to use his authorities to swiftly protect Colorado’s public lands within the CORE Act, and specifically urging action under the Antiquities Act to designate Colorado's Camp Hale and the Tenmile Range as the Camp Hale - Continental Divide National Monument. III.Attachment A.) Letter from Senators Hickenlooper, Bennet, Governor Polis, and Congressman Neguse to President Biden 105 Colorado Association of Ski Towns * PO Box 3823, Dillon CO 80435 * CoSkiTowns.com * 970.389.4347 September 6, 2022 The Honorable Joseph R. Biden President The White House 1600 Pennsylvania Ave, NW Washington, DC 20500 Dear President Biden, The Colorado Association of Ski Towns (CAST) represents 41 municipalities and counties that drive the ski industry and mountain tourism economy in Colorado and other western states. We write to you to urge your use of your Presidential authorities, including the Antiquities Act, to protect many of the landscapes included in the Colorado Outdoor Recreation & Economy (CORE) Act. In particular, we request that you designate Colorado's Camp Hale and the Ten Mile Range as the Camp Hale - Continental Divide National Monument, that protection is off ered on Colorado’s Thompson Divide through a mineral withdrawal, and that protections are put in place on the Grand Mesa Uncompahgre and Gunnison National Forests as identified in the CORE Act. CAST has followed the CORE Act with great interest. CAST members that have formally supported the CORE Act include the municipalities of Ouray, Crested Butte, Glenwood Springs, Telluride, Basalt, Breckenridge, Mountain Village, Vail, Snowmass, Mt Crested Butte, Frisco, and Dillon along with the counties of Gunnison, Eagle, and Summit. With strong bi-partisan support across local governments as well as a broad group of additional stakeholders, it is unfortunate that the Act has not found a path through the U.S. Senate. The economies of CAST communities are largely dependent on the adjacent public lands, and the protection of these natural places is key to maintaining our tourism- based economies. CAST respectfully asks for your attention to this request to bring permanent protection to over 400,000 acres of vital public lands in Colorado. Respectfully submitted, Dara MacDonald, President, CAST CC: Tom Vilsack, Secretary of Agriculture Deb Haaland, Secretary of Interior Senator Michael Bennet Senator John Hickenlooper Congressman Joe Neguse Governor Jared Polis 106 AGENDA ITEM NO. 5.1 Item Cover Page DATE:September 6, 2022 TIME:40 min. SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Presentation/Discussion AGENDA SECTION:Presentations/Discussion SUBJECT:Go Vail 2045 Mobility Master Plan Update SUGGESTED ACTION:Listen to Presentation, take public comment and provide any feedback on the recommended vision statement. PRESENTER(S):Tom Kassmel, Town Engineer VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 9-6-22.docx Presentation - Go Vail 2045.pdf 107 To:Town Council From:Public Works Department Date:September 6, 2022 Subject:GO Vail 2045 - Vail Mobility & Transportation Master Plan Update I.SUMMARY The GO Vail 2045 team have been busy engaging with the public as a first step in the Vail Mobility & Transportation Master Plan. An initial survey was given via the Engagevail.com platform and we received 275 responses. The goal of the survey was to confirm, update, and/or change the Transportation Vision for Vail based on the 2007 Vail 20/20 plan and to receive initial feedback on mobility in Vail. Staff will present the results of the of the survey and review the suggested changes for Vail’s Transportation Vision. The GO Vail 2045 plan will ultimately update traffic, transit, and parking projections and provide implementation recommendations for each; as well as provide updates on other past transportation related topics such as traffic speeds and traffic calming, noise, loading & delivery, special event logistics, AGS/rail, and tunneling/capping I-70. The new master plan will specifically focus on all modes of mobility and explore emerging technologies that will enhance mobility and transportation experiences throughout Vail. II.TRANSPORTATION VISION In 2007 the Town of Vail completed the Vail 20/20 plan, a plan to provide direction for the town’s future with regards to multiple strategic areas including transportation. At that time the town adopted the following transportation vision statement. Vail is recognized as having a comprehensive transportation system and through continued redevelopment, has reinforced its transit-oriented lifestyle. Transit, walking and biking are the major modes of travel along with extensive, multimodal connections between major destinations. Those who choose to drive are welcomed with a well-maintained roadway system directing vehicles to Vail’s managed parking areas. Goods and service delivery are distributed through the town’s dispersed loading and delivery system. Getting to and from Vail is safe and efficient. Connections throughout the intermountain area are seamless and a big factor in Vail’s quality of life. Workers enjoy a one-hour commute from the Denver Metro area or Glenwood Springs in a reliable and environmentally friendly method, while residents and guests enjoy the 108 Town of Vail Page 2 same commute to Denver for work or visits to the many cultural venues and events. Convenient connections to the nearby airports make year-round travel to Vail easy from anywhere in the world. The initial task of the Transportation and Mobility Master Plan is to revisit this vision and confirm it is still accurate, update it where needed, and/or change it if deemed necessary. Based on the public input from this most recent GO Vail 2045 survey, the most recent Vail Community Survey, and the vision and goals from previous plans, the consultant team and staff believe the 2007 20/20 vision is generally still valid but needs some additions and refinements. An updated version of the vision has been drafted for review. This draft vision will guide the master planning effort, but it is anticipated that it will evolve over the planning process and will be finalized with the final adoption of the master plan. Several key changes to the vision statement are highlighted below. Vail is recognized as having a comprehensive multimodal transportation system and, through continued redevelopment and investments, has enhanced and well-integrated alternative transportation options. The transportation network provides equitable access to economic, recreational, and other opportunities. Vail's transportation system is designed to support the sustainability of the natural environment and contribute to the Town’s Climate Action goals through deploying emerging mobilities and technologies. Transit, walking, and biking are comfortable, affordable, reliable, and convenient, as supported by state-of-the-art infrastructure as well as education and outreach programs. Those who choose to drive are welcomed with a well-maintained roadway system and clear direction for locating Vail’s managed parking areas and electric vehicle charging stations. Loading of goods, services, and passengers is efficient and clearly designated through the town’s dispersed loading and delivery system. Traveling between Vail and regional destinations within the intermountain area and the Front Range is reliable, convenient, safe and seamless by public transit or private vehicle. Convenient connections to the nearby airports make year-round travel to Vail easy from anywhere in the world. The updated vision statement will be posted on the GO Vail 2045 www.engagevail.com site for review and feedback from the public. There will also be on-going opportunity for comment on the project site using an interactive map and project forum. III.RECOMMENDATION Staff recommends Council take public comment on these recommended vision updates and provide feedback. The draft vision statement and goals will be the guiding principles for the GO Vail 2045 Transportation and Mobility Master Plan as we move through the process over the next 18 months. Prior to final adoption of the plan, we may find that the draft vision statement may need additional refinement, based on the feedback we hear and the ultimate recommendations for mobility and transportation that evolve through the process. 109 GO VAIL 2045 Vail Mobility & Transportation Master Plan Community Engagement & Vision Update 110 PROJECT BACKGROUND Go Vail 2045, the Vail Mobility & Transportation Master Plan, is the Town’s initiative to integrate all aspects of mobility in Vail into a single plan that will chart a path for how people and goods will move into, out of, and around the community. It is anticipated that the planning process will take place over two years and that community members will be engaged throughout. Go Vail 2045 will serve as a comprehensive transportation plan that will cover all aspects of community connectivity. Schedule MAY JUN JUL AUG SEPT NOVOCT REVIEW AND RECONNAISSANCE VISIONS & GOALS INITIAL FINDINGS INITIAL RECOMMENDATIONS FINAL RECOMMENDATIONS DEC 2022 2023 Public Open House JAN FEB MAR APR MAY JULJUN AUG SEPT OCT NOV DEC 2024 JAN FEB MAR APR MAY Public Engagement Process (Including surveys, intercept events, etc.) PROJECT SCHEDULE Strengthen regional travel opportunities COMMUNITY CONNECTIVITYIncorporate emerging transportation technologies Manage parking demand Efficiently manage deliveries of goods to businesses and residents Meet travel demand regardless of transportation mode PROJECT GOALS To update the 2009 Vail Transportation Master Plan and reflect the changing nature of mobility in Vail. GOAL 1 To learn how the Town can best serve the transportation needs of community members as we grow. GOAL 3 To identify how emerging transportation technologies can be leveraged to improve connectivity both within Vail and the wider region. GOAL 4 To make driving, walking, bicycling, and riding transit feel safe and efficient for residents, employees, and visitors. GOAL 2 To continue building Vail’s reputation as a community where traveling by foot or bicycle is an enjoyable experience. GOAL 5 Identify traffic calming opportunities Understand I-70 impacts (noise, future rail/AGS, capping and/or tunneling) 111 Summary of Engagement Methods Online SurveyIntercept Events Interactive Map 112 Intercept Events Tuesday July 19, 2022 •Vail Village Transportation Center •Bighorn Park Community Picnic •Town Council Meeting Sunday July 24, 2022 •Vail Farmers Market & Art Show Tuesday August 9, 2022 •Lionshead Village •Donovan Pavilion Community Picnic 113 •Open 7/13/2022 -8/21/2022 •275 total responses Online Survey 114 Interactive Online Map •42 responses so far •Still open for comments www.engagevail.com 115 What We Heard 116 Who did we hear from? 1% 1% 1% 8% 8% 11% 12% 24% 34% I own a business in Vail I travel through Vail I visit Vail for shopping or services I live in Vail but work elsewhere I visit Vail for recreation I live in Vail and am not currently working I live elsewhere but work in Vail I own a vacation home in Vail I live and work in Vail Percent of Survey Respondents 117 How do people travel within Vail? 8% 8% 2% 18% 26% 37% 8% 4% 15% 25% 31% 17% Other (please specify) I carpool with other people I ride a bike I walk I drive alone I ride the bus Percent of Survey Respondents Spring/Summer Fall/Winter 118 How do people travel to & from Vail? 22% 1% 0% 2% 2% 16% 57% 14% 0% 6% 1% 2% 16% 59% Other (please specify) I use ride share (e.g., Uber/Lyft) I bike on a regional trail (e.g. Vail Pass Trail) I take Bustang I take ECO Transit I carpool I drive alone Percent of Survey Respondents Spring/Summer Fall/Winter 119 What is working well about transportation in Vail? Walking & biking is easy & comfortable Sidewalks and trails are well maintained Local buses are frequent, free, and easy to use Navigating Vail by car is easy 120 What is challenging about transportation in Vail? Conflicts between people walking and biking in dismount zones and on trails Finding places for parking & passenger loading is challenging Community desires more routes and greater frequency for regional buses Traffic congestion makes it difficult to drive 121 What do community members see as the top impacts of I-70? 28% 32% 35% 76% Safety concerns Detriments to community character Congestion Noise Percent of respondents (select all that apply) 122 Community’s Vision for Vail’s Transportation System 123 Go Vail 2045 Vision 124 Inputs for Updating Vail’s Transportation Vision 2045 Vision New Community Input Previous Community Input Vision & Goals from Previous Plans 125 Original 20/20 Transportation Vision Vail is recognized as having a comprehensive transportation system and through continued redevelopment, has reinforced its transit-oriented lifestyle. Transit, walking and biking are the major modes of travel along with extensive, multimodal connections between major destinations. Those who choose to drive are welcomed with a well-maintained roadway system directing vehicles to Vail’s managed parking areas. Goods and service delivery are distributed through the town’s dispersed loading and delivery system. Getting to and from Vail is safe and efficient. Connections throughout the intermountain area are seamless and a big factor in Vail’s quality of life. Workers enjoy a one-hour commute from the Denver Metro area or Glenwood Springs in a reliable and environmentally friendly method, while residents and guests enjoy the same commute to Denver for work or visits to the many cultural venues and events.Convenient connections to the nearby airports make year-round travel to Vail easy from anywhere in the world. 126 Community Input on Original 20/20 Transportation Vision 79% 54% 21% 46% Average of all other statements Statement about 1-hour Denver commute Percent of Respondents Dislike Like 127 Vail’s 2045 Transportation Vision (Draft) Vail is recognized as having a comprehensive multimodal transportation system and, through continued redevelopment and investments, has enhanced and well-integrated alternative transportation options. The transportation network provides equitable access to economic, recreational, and other opportunities. Vail's transportation system is designed to support the sustainability of the natural environment and contribute to the Town’s Climate Action goals through deploying emerging mobilities and technologies. Transit, walking, and biking are comfortable, affordable, reliable, and convenient, as supported by state-of-the-art infrastructure as well as education and outreach programs. Those who choose to drive are welcomed with a well-maintained roadway system and clear direction for locating Vail’s managed parking areas and electric vehicle charging stations. Loading of goods, services, and passengers is efficient and clearly designated through the town’s dispersed loading and delivery system. Traveling between Vail and regional destinations within the intermountain area and the Front Range is reliable, convenient, safe and seamless by public transit or private vehicle. Convenient connections to the nearby airports make year-round travel to Vail easy from anywhere in the world. 128 What Else We Have Been Working On •Reviewed all Existing Transportation Master Plans and Reports •Traffic: Developed transportation network model •Transit: Preparing existing conditions memo •Noise:Completing updated I-70 Noise Analysis 129 Next Steps •Finalize DRAFT Go Vail vision & goals (Sept) •Existing conditions inventory & analysis (Sept –Dec) •Review future development, traffic & transit growth based on current planning (Sept –Oct) •Second round of targeted public outreach (Dec-Jan) •Loading &Delivery •Special Event Logistics •I-70 Impacts •Noise •Capping/Tunneling •AGS/Rail •Traffic Improvements •Transit Improvements •Parking Management •Bicycle &Pedestrian facilities •Emerging Technology •Traffic Calming Future Topics 2023 Current Topics 2022 130 THANK YOU 131 AGENDA ITEM NO. 6.1 Item Cover Page DATE:September 6, 2022 TIME:10 min. SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Resolution No. 42, Series of 2022, A Resolution of the Vail Town Council Submitting a Ballot Issue to the Registered Electors of the Town at the November 8, 2022 Special Election Regarding the Formation of the Eagle Valley Transportation Authority SUGGESTED ACTION:Approve, approve with amendments, deny Resolution No. 42, Series of 2022 PRESENTER(S):Greg Hall, Director of Public Works and Transportation STAFF RECOMMENDATION:Approve Resolution No. 42, Series of 2022 VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council_Memo_090622.2 (1).docx Resolution No. 42, Series of 2022.pdf Public Comment RTA.pdf 132 To:Town Council From:Greg Hall, Department of Public Works, Stan Zemler Interim Town Manager Date:September 6, 2022 Subject:Resolution No. 42 Series of 2022 Eagle Valley Transportation Authority ballot question I.SUMMARY Resolution No. 42 series of 2022 is presented for Council approval. Resolution No. 42 Series of 2022 refers a ballot question on the formation of the Eagle Valley Transportation Authority to the Vail electorate. The ballot question combines both the formation of the Transportation Authority along with a TABOR tax increase question to impose a ½ cent sales tax to support expanded transit service. This is the last meeting to take action to refer this ballot question. II.BACKGROUND On 5/17/21, the Vail Town Council approved Resolution Number 25 of 2022 authorizing execution of an Intergovernmental Agreement, authorizing the eight jurisdictions to determine and then place on the ballot a question to each jurisdiction elector requesting approval to establish and fund the Eagle River Transportation Authority as a Regional Transportation Authority . The RTA Formation Committee is composed of one representative of Eagle County and each municipality in Eagle County (not including Basalt) as well as the addition of Beaver Creek Metro District. Barry Davis has been the Town of Vail’s representative on the formation committee. The government entities involved as well as the business community and nonprofit partners have joined together to agree to the formation of a Regional Transportation Authority to enhance and expand transit and transportation services for our residents, businesses and visitors. An RTA is a public entity that allows local governments— including counties, cities, towns and metro districts—to work together to address regional transportation issues. RTAs are governed by a board of appointed elected officials representing the partner governments and must follow open meeting and fiscal accountability and transparency laws. RTAs must seek voter approval to collect tax revenue to provide transportation services, which may include transit, air, roadway and other services. 133 Town of Vail Page 2 Meetings have taken place to review information, identify details and answer questions on various costs and revenues, provide input and seek community stakeholder input, and ultimately provide direction on an RTA to be referred to voters. As part of the formal process of setting up an RTA as defined by state statues, the local governments involved in establishing the RTA must work together to create an IGA. The IGA is a legal document that sets forth the governance, service goals, and other key operating provisions of the RTA. The IGA must be agreed upon by the elected Councils and Boards in each community, which each has done. Ultimately, voters must agree to the formation of the RTA and any taxing or bonding requests made to provide funding for the RTA’s services and operations. Based on the due diligence of the RTA formation and technical committee as well as work provided by various consultants and outreach efforts. The RTA Formation Committee has recommended at its August 11 meeting that each entity place the question on the ballot to ask voters approval to form and fund a regional transportation authority. All parties to the IGA have indicated that they either have, or intend to take action to refer the ballot question. As was stated in May, the IGA approved then has been slightly modified as additional detail became available, specifically will including the ballot language as well as the transition plan. III.ACTION REQUESTED BY COUNCIL Consider Resolution No.42 Series of 2022. IV.STAFF RECOMMENDATION Approve Resolution No. 42 Series of 2022. V.ATTACHMENTS a.Resolution No. 42 Series of 2022. Ballot Language regarding the Eagle Valley Regional Transportation Authority 134 RESOLUTION NO. 42 SERIES 2022 A RESOLUTION OF THE VAIL TOWN COUNCIL SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN AT THE NOVEMBER 8, 2022 SPECIAL ELECTION REGARDING THE FORMATION OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties and municipalities are authorized to establish, by contract, regional transportation authorities (“RTAs”) to finance, construct, operate and maintain regional transportation systems; and WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended, and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; and WHEREAS, enhancing regional transportation services for Vail residents, businesses and visitors is a crucial step in meeting our community’s workforce, economic and climate goals; and WHEREAS, extensive input from local officials, businesses, employees, nonprofits and community members have made clear that the creation of an RTA is a desirable way to plan, finance, implement and operate a regional public transportation system that better meets the needs of [the entity/municipality]; and WHEREAS, the Vail Town Council has completed at least two public hearings pursuant to section 603(3) of the Act, and, by resolution dated May 17, 2022, approved Town of Vail’s entry into an Intergovernmental Agreement by and among Beaver Creek Metropolitan District, the Town of Avon, Eagle County, the Town of Eagle, the Town of Gypsum, the Town of Minturn, the Town of Red Cliff, and the Town of Vail, establishing the Eagle Valley Transportation Authority (“EVTA”) as a Colorado RTA (the “Intergovernmental Agreement”) in substantially the form presented to the Vail Town Council; and WHEREAS, the RTA Formation Committee, of which Vail is a member, provided copies of the Intergovernmental Agreement to neighboring jurisdictions for review and comment pursuant to section 603(1) of the Act, and received responses indicating no further action was required pursuant to section 603(1.5) of the Act; and WHEREAS, the RTA Formation Committee, provided a copy of the Intergovernmental Agreement to the Colorado Department of Transportation for review and comment pursuant to section 603(1) of the Act, and received a response from the Colorado Department requiring no further action pursuant to section 603(1.5) of the Act; and 135 2 WHEREAS, the RTA Formation Committee subsequently made certain revisions to the Intergovernmental Agreement to reflect critical input received at public hearings and through additional stakeholder engagements; and WHEREAS, the Vail Town Council has reviewed such revisions to the proposed Intergovernmental Agreement; and WHEREAS, the Vail Town Council supports such revisions and the collaborative approach memorialized in the Intergovernmental Agreement and concurs that the proposed EVTA is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to Vail’s visitors and employee base, strengthen the connection between the valley’s different communities and advance Vail’s climate action goals by reducing car trips and increasing the use of electric public transportation; and WHEREAS, section 603(4) of the Act provides that no contract establishing an RTA shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the proposed authority; and WHEREAS, the Vail Town Council has agreed to seek voter approval of the establishment of the EVTA; the baseline funding of the EVTA in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at an election to be held on November 8, 2022, that is conducted in accordance with the Act and other applicable law; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUCIL OF TOWN OF VAIL STATE OF COLORADO: THAT, the Vail Town Council hereby approves, the Intergovernmental Agreement for signature in the form attached as Exhibit B to this resolution.] THAT, the Vail Town Council hereby refers the ballot measure on the formation of the EVTA shall be submitted to the registered electors of the Town of Vail at the special election to be held on November 8, 2022, through the Clerk of Eagle County residing within the boundaries of the proposed authority. THAT, the Vail Town Council has concluded its separate review and consideration of ballot language and hereby approves the ballot language in the form presented as Exhibit A to this resolution, in its entity: 136 3 MOVED, READ AND ADOPTED by Town Council of the TOWN F VAIL, COLORADO, at its regular meeting held this September 6, 2022. TOWN OF VAIL, COLORADO By: Kim Langmaid, Mayor Date: ATTEST: Stephanie Bibbens, Town Clerk 137 EXHIBIT A Ballot Issue No. __: Ballot Title: FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY Ballot Text: FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY Ballot Text: SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: • EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; • ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; • ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; • PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; • REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION 138 EXHIBIT B (Eagle Valley Transportation Authority Intergovernmental Agreement) 139 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT by and among BEAVER CREEK METROPOLITAN DISTRICT TOWN OF AVON, COLORADO EAGLE COUNTY, COLORADO TOWN OF EAGLE, COLORADO TOWN OF GYPSUM, COLORADO TOWN OF MINTURN, COLORADO TOWN OF RED CLIFF, COLORADO and TOWN OF VAIL, COLORADO Dated as of [ , 2022] Providing for the establishment of the “Eagle Valley Transportation Authority” as a Colorado Regional Transportation Authority pursuant to the Regional Transportation Law, Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended. 140 i TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS ............................................................................................................2 ARTICLE 2 ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS ...............4 ARTICLE 3 BOARD OF DIRECTORS .........................................................................................7 ARTICLE 4 ADVISORY COMMITTEES ...................................................................................10 ARTICLE 5 OFFICERS ................................................................................................................10 ARTICLE 6 POWERS OF THE AUTHORITY ...........................................................................12 ARTICLE 7 FUNDING THE AUTHORITY................................................................................15 ARTICLE 8 REORGANIZATION ..............................................................................................16 ARTICLE 9 MEMBERS ...............................................................................................................18 ARTICLE 10 TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION .................19 ARTICLE 11 DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES .....................................................................................19 ARTICLE 12 AMENDMENTS ....................................................................................................20 ARTICLE 13 MISCELLANEOUS ...............................................................................................20 141 1 EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT THIS EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is entered into as of [ , 2022] by and among the BEAVER CREEK METROPOLITAN DISTRICT, the TOWN OF AVON, COLORADO; EAGLE COUNTY, COLORADO; the TOWN OF EAGLE, COLORADO; the TOWN OF GYPSUM, COLORADO; the TOWN OF MINTURN, COLORADO; the TOWN OF RED CLIFF, COLORADO; and the TOWN OF VAIL, COLORADO (together the “Initial Signatories”). RECITALS WHEREAS, pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes, as amended (the “Act”), Colorado counties, municipalities, and special districts with street improvement, safety protection, or transportation powers, are authorized to establish, by contract, regional transportation authorities, which, upon the satisfaction of the conditions set forth therein, are authorized to finance, construct, operate and maintain regional transportation systems; WHEREAS, pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended (the “Intergovernmental Relations Statute”), and Article XIV, Section 18 of the Colorado Constitution, governments may contract with one another to provide any function, service or facility lawfully authorized to each of the contracting units and any such contract may provide for the joint exercise of the function, service or facility, including the establishment of a separate legal entity to do so; WHEREAS, the Initial Signatories are a Colorado county, a Colorado special district, and certain Colorado municipalities located within the boundaries of Eagle County that desire to form a regional transportation authority to serve the greater Eagle River Valley community pursuant to the Act and the Intergovernmental Relations Statute for the purpose of financing, constructing, operating, and maintaining regional transportation systems; WHEREAS, enhancing regional transportation services for Eagle County residents, businesses and visitors is a crucial step in meeting the communities’ workforce, economic and climate goals, and regional transportation services support Eagle County socially and economically, helping employees get to work safely and visitors to enjoy their Eagle County experience; WHEREAS, the signatories of this Agreement wish to work toward collaborative solutions that will increase transportation and transit options throughout the greater Eagle River Valley, as well as increase air connections to the Eagle River Valley; 142 2 WHEREAS, extensive input from local businesses, employees, nonprofits and community members have made clear that the creation of a Regional Transportation Authority (“RTA”) is a desirable way to plan, finance, implement and operate a more comprehensive regional transportation system that better meets the needs of communities; WHEREAS, an RTA serving the greater Eagle River Valley is poised to improve transit service, increase ridership and efficiency across the valley’s existing transit agencies, provide affordable or free transit to the valley’s visitors and employee base, strengthen the connection between the valley’s different communities, and advance local climate action goals by reducing car trips and increasing the use of low or zero emission public transportation; and WHEREAS, transit services promote independent living for the elderly and the disabled by providing essential links to medical, social and other services, and the region recognizes the need to improve mobility options for all segments of the population; AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants set forth below, the Initial Signatories hereby agree as follows: DEFINITIONS Definitions from the Act. The following terms shall, when capitalized, have the meanings assigned to them in Section 602 of the Act: “Bond,” “Construct,” “Construction,” “County,” “Municipality,” “Person,” “Regional Transportation Activity Enterprise,” “Regional Transportation System,” and “State”. Other Definitions. The following terms shall, when capitalized, have the following meanings: “Act” is defined in the Recitals. “Advisory Committee” means two or more persons appointed by the Board pursuant to Article 4 of this Agreement for the purpose of providing advice to the Board. “Agreement” means this Eagle Valley Transportation Authority Intergovernmental Agreement, as amended from time to time in accordance with the terms contained herein. “Alternate Director” means any person appointed as an Alternate Director pursuant to Section 3.03 of this Agreement. “Authority” means the Eagle Valley Transportation Authority, a separate political subdivision of and body corporate of the State established pursuant to this Agreement as a regional transportation authority under the Act and as a separate legal entity under the Intergovernmental Relations Statute. 143 3 “Authority Sales Tax” means a sales tax levied by the Authority in all or any designated portion of the Members in accordance with Section 605(1)(j)(1) of the Act. “Authorized Transportation Projects” refers to the Regional Transportation Systems projects described in Appendix C of this Agreement, as such projects may be amended from time to time in accordance with Article 6 of this Agreement. “Ballot Question” refers to any of the questions listed in Section 2.04(a)(i)-(viii) of this Agreement, and shall mean a “Ballot Issue,” as defined in Title 1, Article 1, Part 104(2.3), Colorado Revised Statutes, as amended. The Ballot Question for each of the Initial Signatories are collectively referred to as the “Ballot Questions.” “Board” means the Board of Directors of the Authority. “Boundaries” means the boundaries of the Authority illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement, as such Appendices may be amended from time- to-time in accordance with Article 12 of this Agreement. “CDOT” means the Colorado Department of Transportation. “Director” means any person appointed as a Director pursuant to Section 3.02 of this Agreement Whenever the person appointed as a Member’s Director is absent from a Board meeting, the term “Director” shall mean the Alternate Director, if any, appointed by such Member pursuant to Section 3.03 of this Agreement. “Division of Local Government” means the Division of Local Government in the State Department of Local Affairs. “ECRTA” means the Eagle County Regional Transit Authority (Fund 1151) which operates Eagle County’s current ECO Transit public transportation service, and which is also referred to in this Agreement as “ECO Transit.” “Election” means the November 8, 2022, general election, at which the Ballot Questions seeking the voter approvals described in Section 2.04(a) of this Agreement are to be submitted by the Initial Signatories. “Governing Body” means, when used with respect to a Member, the town council, board of trustees, board of commissioners, board of directors, or other legislative body, as appropriate, of such Member. “Initial Boundaries” means the Boundaries of the Authority on the date the Authority is originally established pursuant to Article 10.01 of this Agreement, as such Initial Boundaries are illustrated in Appendix A-1 and described in Appendix A-2 of this Agreement. “Initial Members” means the Initial Signatories who become Members on the date on which the Authority is originally established pursuant to Section 2.05 of this Agreement. 144 4 “Initial Signatories” means the county, special district, and municipalities that are signatories to this Agreement in its original form. “Intergovernmental Relations Statute” is defined in the Recitals. “Member” means (a) the Initial Members and (b) the State or any Municipality or County or special district that becomes a member of the Authority pursuant to Section 9.03 of this Agreement. “MOU” means the Memorandum of Understanding Establishing a Regional Transit Authority Formation Committee entered into by and among the Initial Signatories for the purpose of researching and proposing the structure of an RTA to serve the greater Eagle River Valley community. “Officer” means the Chair, Vice Chair, Secretary, Treasurer or Executive Director of the Authority, and any subordinate officer or agent appointed and designated as an officer of the Authority by the Board. “Regional Transportation Systems” shall have the meaning given to it in Section 602(16) of the Act. “Transition Plan” shall have the meaning given to it in Section 8.03(a) of this Agreement. ESTABLISHMENT OF THE AUTHORITY AND INITIAL MEMBERS Establishment. A regional transportation authority to be known as the “Eagle Valley Transportation Authority” shall be established as a separate political subdivision and body corporate of the State pursuant to the Act and as a separate legal entity created by this Agreement among the Initial Members pursuant to the Intergovernmental Relations Statute, effective upon satisfaction of the following conditions: (a)each Initial Member (i) has held at least two public hearings on the subject of this Agreement in accordance with Section 603(3) of the Act; and (ii) has executed this Agreement, which execution shall constitute a representation by such Initial Member to the other Initial Members that the executing Initial Member has held the public hearings required by Section 603(3) of the Act and that the Governing Body of such Initial Member has duly authorized its execution, delivery and performance of this Agreement; (b)this Agreement has been submitted for approval, and has been approved by, a majority of the registered electors residing within the boundaries of the Initial Members at the time of the Election who voted in the Election, which, for purposes of the Election, shall be determined based on the votes cast on the Ballot Questions approved by the registered electors voting on the Ballot Questions that approve the participation in the Authority; and 145 5 (c)the Director of the Division of Local Government has issued a certificate pursuant to Section 603(1) of the Act stating that the Authority has been duly organized according to the laws of the State. Purpose. The purpose of the Authority is to plan, finance, implement, and operate an efficient, sustainable, and regional public multimodal transportation system at any location or locations within or without the Boundaries of the Authority, and exercise any or all other powers authorized by, and subject to compliance with, the Act. Boundaries. Subject to Section 2.05 and any amendment to reflect to outcome of the Ballot Questions, the Initial Boundaries of the Authority shall be as illustrated in Appendix A- 1 and described in Appendix A-2 of this Agreement. For any territory included or annexed in the boundaries of a Member, the Boundaries shall automatically be amended to include such territory that has been included or annexed into the boundaries of the Member (for taxation purposes, as if such territory was included in the Boundaries of the Authority because the territory is included in the boundaries of such Member). Voter Approval. (a)The Initial Signatories agree to submit Ballot Questions seeking voter approval of the establishment of the Authority; the baseline funding of the Authority in accordance with Article 7 and the exemption of certain Authority revenues from the revenue limitations of Article X, Section 20 of the Colorado Constitution (“TABOR”) at the Election. Eight separate questions, which are hereafter referred to by the names indicated below and drafts of which are attached of this Agreement as Appendixes B-1 through B-8, shall be submitted to the registered electors residing within the following described areas within the boundaries of the Initial Signatories: (i)the “Avon Question,” a draft of which is attached hereto as Appendix B-1, shall be submitted to the electors of the Town of Avon; (ii)the “Beaver Creek Question,” a draft of which is attached hereto as Appendix B-2, shall be submitted to the electors of the Beaver Creek Metropolitan District; (iii)the “Eagle Question,” a draft of which is attached hereto as Appendix B-3, shall be submitted to the electors of the Town of Eagle; (iv)the “Gypsum Question,” a draft of which is attached hereto as Appendix B- 4, shall be submitted to the electors of the Town of Gypsum; (v)the “Minturn Question,” a draft of which is attached hereto as Appendix B- 5, shall be submitted to the electors of the Town of Minturn; (vi)the “Red Cliff Question,” a draft of which is attached hereto as Appendix B-6, shall be submitted to the electors of the Town of Red Cliff; (vii)the “Vail Question,” a draft of which is attached hereto as Appendix B-7, shall be submitted to the electors of the Town of Vail; and 146 6 (viii)the “Unincorporated Eagle County Question,” a draft of which is attached hereto as Appendix B-8, shall be submitted to the electors of the unincorporated area of Eagle County within the boundaries described in Appendix A-2, exclusive of electors residing in the municipalities and special district that are Initial Signatories of this Agreement. (b)With the intent to put forth these measures as a coordinated election under the administration of the Eagle County Clerk and Recorder, the Governing Body of the Initial Signatory named in the title of each Ballot Question shall take all actions necessary to submit such Ballot Question to the appropriate registered electors at the Election. Each Ballot Question submitted to the registered election shall be consistent with the terms of this Agreement and the corresponding draft Ballot Question attached in Appendices B-1 through B-8. The designated election official for a coordinated election shall be the Eagle County Clerk and Recorder. (c)The costs of conducting the Election shall be payable by each Initial Signatory in the following proportions: (i)10.76% by the Town of Avon; (ii)0.87% by the Beaver Creek Metropolitan District; (iii)16.12% by the Town of Eagle; (iv)15.56% by the Town of Gypsum; (v)2.66% by the Town of Minturn; (vi)0.84% by the Town of Red Cliff; (vii)13.66% by the Town of Vail; and (viii)and 39.53% by Eagle County. Initial Members. (a)Subject to Section 2.05(b) of this Agreement, the Initial Signatories whose participation in the Authority is authorized by a majority of the registered electors voting on the Ballot Questions indicated below shall be the Initial Members of the Authority on the date the Authority is originally established pursuant to this Agreement: (i)the Town of Avon will be an Initial Member if the Town of Avon electors approve the Avon Question; (ii)the Beaver Creek Metropolitan District will be an Initial Member if the Beaver Creek Metropolitan District electors approve the Beaver Creek Question; (iii)the Town of Eagle will be an Initial Member if the Town of Eagle electors approve the Eagle Question; 147 7 (iv)the Town of Gypsum will be an Initial Member if the Town of Gypsum electors approve the Gypsum Question; (v)the Town of Minturn will be an Initial Member if the Town of Minturn electors approve the Minturn Question; (vi)the Town of Red Cliff will be an Initial Member if the Town of Red Cliff electors approve the Red Cliff Question; (vii)the Town of Vail will be an Initial Member if the Town of Vail electors approve the Vail Question; and (viii)Eagle County will be an Initial Member if the electors within the unincorporated area of Eagle County described in Section 2.04(a)(viii) approve the Unincorporated Eagle County Question. (b)The Initial Signatories agree that in order for the Regional Transportation Systems to be efficiently and effectively provided within the Authority’s service area, participation of each of the Town of Avon, the Beaver Creek Metropolitan District, Eagle County, and the Town of Vail, is essential. This Agreement will terminate automatically and be of no further force and effect if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question do not each approve their respective ballot questions at the Election. BOARD OF DIRECTORS Establishment and Powers. The Authority shall be governed by a Board of Directors as described in this Article 3. The Board shall exercise and perform all powers, privileges and duties vested in or imposed on the Authority. Subject to the provisions of this Agreement, the Board may delegate or prescribe the performance of any of its powers to any Director, Officer, employee or agent of the Authority with sufficient direction to comply with the non-delegation doctrine. Directors. The Board shall be composed of one Director appointed by each Member. Alternate Directors. In addition to the Director appointed by it, each Member shall appoint an Alternate Director who shall be deemed to be such Member’s Director for all purposes, including, but not limited to, voting on resolutions whenever the person appointed as such Member’s Director is absent from a Board meeting, or in the event such Director has resigned or been removed and no replacement Director has been appointed. Appointment of Directors and Alternate Directors. As required by Section 603(2)(b)(1) of the Act, the Director and the Alternate Director appointed by a Member shall both be members of the Governing Body of such Member, and shall be appointed as a Director or Alternate Director by the Governing Body of such Member. 148 8 Terms of Office. The term of office of each Director and Alternate Director shall commence with the first meeting of the Board following his or her appointment and shall continue until (a) the date on which a successor is duly appointed or (b) the date on which he or she ceases to be a member of the Governing Body of the appointing Member. Resignation and Removal. Any Director or Alternate Director (a) may resign at any time, effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning; and (b) may be removed at any time by the Governing Body of the Member that appointed him or her, effective upon receipt by the Secretary or the Chair of written notice signed by the Governing Body of the appointing Member. Vacancies. Vacancies in the office of any Director or Alternate Director shall be filled in the same manner in which the vacant office was originally filled pursuant to Sections 3.02 through 3.04 of this Agreement. Compensation. Directors and Alternate Directors shall serve without compensation, but may be reimbursed for expenses incurred in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. Meetings, Notice.The Board shall annually establish times for regular meetings of the Board, which shall meet no less than quarterly. The Board may additionally call special meetings as it deems necessary or desirable. Meetings will be held at the location as may from time to time be designated by the Board. Public notice of meetings shall be posted in the locations established by the Board, in accordance with the Colorado Open Meetings Law, Section 24-6-401 et seq., Colorado Revised Statutes, as amended. Except in the case of special or emergency meetings where such advance notice is not practicable, the Authority shall provide at least 48 hours’ advance notice of meetings to each Director and Alternate Director and to the Governing Body of each Member. Resolutions, Quorum. All actions of the Board shall be by resolution, which may be written or oral, approved at a meeting that is open to the public according to the voting requirements set forth in Section 3.11. At least a quorum shall be necessary to take any Board action and at least two-thirds of all Directors then in office who are eligible to vote thereon will be required for action pursuant to Section 3.11(a). A quorum shall mean a number of Directors greater than half the total number of Directors then in office (which, if all Initial Signatories become Initial Members, will be six of the eight initial Directors). The Board may establish bylaws setting forth specific requirements for electronic participation by a Director in a meeting, including requirements for a Director participating electronically to be considered “present” for purposes of establishing a quorum and voting on agenda items, among other topics. Voting Requirements. (a)Except as otherwise provided in subsection (b) of this Section and Article 12 of this Agreement, resolutions of the Board shall be adopted upon the affirmative vote of at least two- thirds of the Directors then in office who are eligible to vote thereon (which, if all Initial Signatories become Initial Members and no Director is ineligible to vote, will be six of the eight initial Directors). 149 9 (b)Provided a quorum is present, the following actions shall be approved upon the affirmative vote of a majority of the Directors of the Board then present who are eligible to vote thereon: (i)administrative approvals such as setting meeting locations and times and ministerial actions required for the Authority’s compliance with applicable law; (ii)approvals authorized by bylaws or rules previously approved by the Board; (iii)approval of contracts for expenditures included in an annual budget previously approved by the Board; (iv)approval of contracts for transportation services included in an annual budget previously approved by the Board; (v)approval of contracts for the assumptions of existing facilities and transportation infrastructure, or the development of new facilities and transportation infrastructure, included in an annual budget previously approved by the Board; and (vi)other actions that are reasonably incidental to prior Board approvals made under subsection (a) of this Section. Special Rules Regarding Adoption of the Authority’s Annual Budget. Notwithstanding Section 3.10 of this Agreement, if the Board fails to approve the Authority’s annual budget by resolution adopted in accordance with Section 3.10 of this Agreement by the end of the immediately preceding fiscal year of the Authority or any earlier date required by State law, until an annual budget is so adopted, the Authority’s budget for such year shall be the prior year’s budget, with no new capital expenditures or adjustments to services to be provided until such time that a new annual budget is approved by the Board. The procedures set forth in this Section may be modified by bylaws or rules adopted in accordance with Section 3.15 of this Agreement. Director Conflicts of Interest. Notwithstanding any other provision of this Agreement, a Director shall disqualify himself or herself from voting on any issue with respect to which he or she has a conflict of interest, unless he or she has disclosed such conflict of interest in compliance with Sections 18-8-308 and 24-18-101 et seq., Colorado Revised Statutes, as amended. Powers of the Board. The Board shall, subject to the limitations set forth of this Agreement, have (a) all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act, including, but not limited to, the powers conferred by Sections 604(1) and (3) of the Act, and (b) all powers that may be exercised by the governing board of a separate legal entity that has been lawfully created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Bylaws and Rules. The Board, acting by resolution adopted as provided for in Section 3.10 and Section 3.11 of this Agreement, may adopt bylaws or rules governing the activities of the Authority and the Board, including, but not limited to, bylaws or rules governing the conduct of Board meetings, voting procedures, the type of resolutions that must be in writing, 150 10 and procedures for the resolution of issues on which a two-thirds majority cannot be obtained in accordance with Section 3.11(a) of this Agreement. Additional Directors. If at any time there are four or fewer Members, then, notwithstanding any other provision of this Agreement, in order to comply with the provisions of Section 603(2)(b)(1) of the Act requiring at least five Directors, the Directors representing the remaining Members shall, by unanimous consent, appoint such additional Directors and Alternate Directors as are necessary for there to be five Directors, and may likewise remove such Directors and Alternative Directors by consensus of the Directors appointed directly by the Members. If such remaining Directors are unable to reach unanimous consent, each Member shall appoint a second Director, until the total number of Members exceeds five at which time each Member shall revert to appointing a sole Director. References. All references of this Agreement to the Director and Alternate Director of a Member shall be deemed to refer to the initial and the additional Director and Alternate Director, as appropriate, appointed by such Member. ADVISORY COMMITTEES The Board may appoint, maintain, and/or disband one or more Advisory Committees at any time in order to advise the Board with respect to policy and service matters. Advisory Committees shall not be authorized to exercise any power of the Board. OFFICERS Generally. The Board shall appoint a Chair, a Vice Chair, a Secretary, a Treasurer and an Executive Director. The Board also may appoint one or more subordinate officers and agents, each of whom shall hold his or her office or agency for such term and shall have such authority, powers and duties as shall be determined from time to time by the Board. The Chair and the Vice Chair shall be Directors. Other Officers may, but need not, be Directors. Any two or more of such offices may be held by the same person, except that the offices of Chair and Secretary may not be held by the same person and the person serving as Executive Director may not hold any other of such offices. All Officers of the Authority shall be persons of the age of 18 years or older and shall meet the other qualifications, if any, stated for his or her office elsewhere in this Article 5. Chair. The Chair shall have the power to call meetings of the Board; the power to execute, deliver, acknowledge, file and record on behalf of the Authority such documents as may be required by this Agreement, the Act or other applicable law; and such other powers as may be prescribed from time to time by the Board. The Chair may execute and deliver contracts, deeds and other instruments and agreements on behalf of the Authority as are necessary or appropriate in the ordinary course of its activities or as are duly authorized or approved by the Board. The Chair shall have such additional authority, powers and duties as are appropriate and customary for 151 11 the office of the chair of the board of directors of entities such as the Authority, and as the Board may otherwise prescribe. Vice Chair. The Vice Chair shall be the Officer next in seniority after the Chair and, upon the death, absence or disability of the Chair, shall have the authority, powers and duties of the Chair. The Vice Chair shall have such additional authority, powers and duties as are prescribed by the Board. Secretary. The Secretary shall give, or cause to be given, notice of all meetings (including special meetings) of the Board, keep written minutes of such meetings, have charge of the Authority’s seal (if any), be responsible for the maintenance of all records and files and the preparation and filing of reports to governmental agencies (other than tax returns), have authority to impress or affix the Authority’s seal to any instrument requiring it (and, when so impressed or affixed, it may be attested by his or her signature), and have such other authority, powers and duties as arc appropriate and customary for the office of Secretary of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Treasurer. The Treasurer shall, subject to rules and procedures established by the Board, be responsible for the custody of the funds and all stocks, bonds and other securities owned by the Authority and shall be responsible for ensuring the timely preparation and filing of all tax returns, if any, required to be filed by the Authority. The Treasurer shall receive all moneys paid to the Authority and, subject to any limits imposed by the Board or the Chair, shall have authority to give or authorize receipts and vouchers, to sign and endorse checks and warrants in the Authority’s name and on the Authority’s behalf, and to give full discharge for the same. The Treasurer shall also have charge of disbursement of the funds of the Authority, shall ensure that full and accurate records of the receipts and disbursements are maintained, and shall ensure that all moneys and other valuables are deposited in such depositories as shall be designated by the Board. The Treasurer shall ensure deposit and investment of all funds of the Authority in accordance with this Agreement and laws of the State applying to the deposit and investment of funds of regional transportation authorities formed under the Act. The Treasurer shall have such additional authority, powers and duties as are appropriate and customary for the office of Treasurer of entities such as the Authority, and as the Board may otherwise prescribe. If a Treasurer has not been appointed, the Secretary shall also serve as Treasurer and may use the title of Treasurer in performing the functions of Treasurer. Executive Director. The Executive Director shall be the chief executive officer of the Authority, shall supervise the activities of the Authority, shall see that all policies, directions and orders of the Board are carried out and shall, under the supervision of the Board, have such other authority, powers or duties as may be prescribed by the Board. Resignation and Removal. Any Officer may resign at any time effective upon receipt by the Secretary or the Chair of written notice signed by the person who is resigning, and may be removed at any time by the Board. 152 12 Changes to Authority, Powers and Duties. Notwithstanding any other provision of this Article 5, the Board at any time may expand, limit or modify the authority, powers and duties of any Officer or employee. Vacancies. Vacancies in the office of any Officer or employee shall be filled in the same manner in which such office was originally filled. Compensation. The Authority shall determine and may compensate Officers and employees who are not Directors or Alternate Directors for services performed, and may reimburse them for expenses incurred, in serving in such capacities upon such terms and pursuant to such procedures as may be established by the Board. POWERS OF THE AUTHORITY General Grant of Powers. The Authority shall, subject to the limitations set forth in this Agreement, have (i) all of the powers granted to regional transportation authorities by the Act and (ii) all powers that may be exercised by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. Specific Responsibilities. In addition to the general powers described in Section 6.01 of this Agreement, the Authority shall have the responsibilities described in this Section and shall have all powers necessary or convenient to carry out such responsibilities, subject to the availability of funds and, to the extent required by law, annual appropriation of funds by the Board. The description of specific responsibilities and powers in this Section shall not, however, limit the general powers of the Authority described in Section 6.01 of this Agreement. (a)Regional Transportation Systems. The Authority shall coordinate and may operate and fund Regional Transportation Systems and provide such related services as are necessary in order to effect the Authorized Transportation Projects described in Appendix C, as may be amended from time to time in accordance with Article 12 of this Agreement. (b)Regional Transportation Planning. The Authority shall engage in annual regional transportation planning to direct the implementation of Regional Transportation Systems, pursue local, state, or federal funding, and coordinate overall transportation policy within the area in which it provides transit services. Regional transportation planning shall, as determined by the Board, include short range service and infrastructure planning as well as long range planning, corridor investment studies and related impact analyses. (c)Regional Transportation Demand Management. The Authority shall develop plans, programs, and materials to support individuals and employers in their efforts to reduce single- occupancy vehicle trips and mitigate climate impacts in Eagle County, in coordination with local jurisdictions, CDOT, the Northwest Colorado Council of Governments, the I-70 Coalition, and other relevant organizations. 153 13 (d)Enhance Local, State, and Federal Coordination. (i)The Authority shall represent the Eagle Valley region with regard to state and federal legislation affecting available funding to support regional transit operations and with regard to legislation affecting operations. (ii)The Authority shall coordinate with CDOT and federal governing agencies to enhance regional transit, including but not limited to, improvements to connections to the Authority area via Bustang and other statewide bus programs and increased air service to the Eagle County Regional airport. (e)First-Last Mile Solutions. The Authority may study, design, financially support, and implement, with partnerships as appropriate, first and last mile improvements to enhance transit ridership, including but not limited to park and rides, pedestrian crossings, and regional innovative mobility programs such as regional e-bike sharing, on-demand microtransit, and community vanpools. (f)Contract Transit Services. (i)The Authority may enter into contracts with any Member or other person or entity for the provision of transit services in the manner and subject to the terms of such contracts. (ii)The Authority will initially enter into contracts with Eagle County for the continuation of ECO Transit service during the ECRTA Transition Period (as set out more specifically in Article 8 below) and shall reasonably cooperate with Eagle County to provide for the continuation of employment for personnel currently employed by Eagle County in the provision of transit services within the Boundaries of the Authority during the ECRTA Transition Period, and on eventual transition to employment by the Authority, as further described in the Transition Plan (defined in Section 8.03). (g)Local Service. The Authority may fund services that operate solely within the boundaries of a single Member (as distinguished from regional services) but, except as otherwise specifically provided in this Agreement, only pursuant to an agreement to which such Member pays the Authority for the services provided on the same fully allocated cost basis used to determine costs of Authority services throughout the Authority’s service area. (h)Transportation Related Infrastructure. The Authority may assume the maintenance of existing facilities and may develop new facilities, including but not limited to park-and-rides, transit stops, vehicle maintenance garages, other transit and rail infrastructure, trails, or other necessary infrastructure related to operations under the purview of the Authority. (i)Planning, Construction, and Maintenance of Regional Trails and Pedestrian Infrastructure. (i)The Authority shall provide planning and funding support for regional public trail maintenance, improvement, and construction, in cooperation with Members, 154 14 advisory groups and other agencies, including but not limited to the U.S. Forest Service, the Bureau of Land Management, and CDOT. The Authority will place emphasis on multi- modal transportation-oriented trails that provide improved accessibility and connections between transit nodes, population centers, and communities. (ii)The Authority may plan for transitioning the operations, maintenance, capital improvements, and funding required for Eagle County’s ECO Trails partnership, including the Eagle Valley Trail, after completion of all currently planned sections and no sooner than December 31, 2024, all in accordance with the Transition Plan. (j)Contract Air Services. The Authority may enter into contracts with commercial air service carriers for the provision of air services in the manner and subject to the terms of such contracts. (k)Roadway Improvements. In recognition of the proposed EGE Airport Interchange’s benefit to countywide transportation and its location as a potential future statewide multimodal transportation hub, the Authority shall provide financial support for the construction of an EGE Airport interchange, including the commitment of at least $12 million in funds, subject to appropriation and/or voter approval of other funding mechanisms therefor in the discretion of the Board of the Authority. Such funds are to be combined with local matching funds in support of the pursuit of state and federal grant funds. The Authority’s contribution of such funds shall be conditioned upon the interchange sponsors first securing all other required funds for construction of the EGE Airport Interchange from available federal, state, and local funding sources, and the Gypsum Question first being approved by the electors of the Town of Gypsum. The Authority’s role with regard to the EGE Airport Interchange would be limited to providing funds for construction as described in this Section. Limitations on Powers of the Authority. Notwithstanding Sections 6.01 and 6.02 of this Agreement, the powers of the Authority shall be limited as follows: (a)no action to establish or increase a tax or to create a multiple fiscal year debt or other financial obligation that is subject to Section 20(4)(h) of Article X of the State Constitution shall take effect unless first submitted to a vote in accordance with Section 612 of the Act; (b)the Board shall deliver notice of any proposal to establish, increase or decrease any tax to any County, Municipality or special district Member where the proposed tax or fee would be imposed in accordance with Section 613 of the Act; and (c)a notice of the imposition of or any increase in any fee or tax or the issuance of Bonds shall be sent to the Division of Local Government and shall be filed with the State Auditor and the State Transportation Commission in accordance with Section 614 of the Act. Limitations. If any portion of the Regional Transportation System alters the physical structure of or negatively impacts the safe operation of any state or local transportation improvement, the Authority shall, upon the request of the Governing Body of the jurisdiction impacted by the transportation improvement, in order to ensure coordinated transportation planning, efficient allocation of resources, and the equitable sharing of costs, enter into an 155 15 intergovernmental agreement between the Authority and such jurisdiction concerning the applicable portion of the Regional Transportation System before commencing physical construction of that particular improvement. FUNDING THE AUTHORITY Baseline Funding. The baseline funding of the Authority shall be provided from the following sources: (a)Initial Authority Sales Tax. Subject to Section 2.05(b) of this Agreement, in the event of and upon approval by the registered electors of the Ballot Question for such Member, a sales tax of one-half percent (0.5%) shall be imposed in all areas within the boundaries of such Member. (b)Existing Eagle County 0.5% Transportation Sales Tax. Section 611(b) of the Act authorizes any county, municipality, or special district that is a Member to pledge any legally available funds to the Authority to assist in the financing, construction, operation, or maintenance of a regional transportation system by the Authority. Pursuant to this authorization, Eagle County shall pay to the Authority a proportion of the proceeds of the existing Eagle County 0.5% Transportation Sales Tax (the “Existing ECO Transit Tax”), previously authorized by the voters to finance, construct, operate or maintain a mass transportation system within Eagle County and currently allocated to ECRTA operations, that is accrued on and after January 1 of the year following the Effective Date of this Agreement, exclusive of all amounts collected in the areas of Eagle County that are within the boundaries of the Roaring Fork Transportation Authority. The proportion of the Existing ECO Transit Tax that is to be paid to the Authority shall be no less than 85% and no more than 90% of the total sum collected in Eagle County, in order to allow Eagle County to continue to meet its obligations to the ECO Trails program. To the extent required by law, the obligation of Eagle County to make such payments may be subject to annual appropriation by the Board of County Commissioners of Eagle County. The Authority shall apply revenues that it receives pursuant to this pledge solely for the financing, construction, operation, or maintenance of mass transportation systems within Eagle County, and such revenues shall not be used for air- service related purposes. The pledge of such revenues by Eagle County shall be a contribution of funds in support of services provided by the Authority and shall not be deemed to be a contract for the provision of mass transportation services. Discretionary Member Contributions. A Member may, at its sole discretion, offer to make cash contributions to the Authority, provide in-kind services to the Authority, or pay costs that otherwise would have been paid by the Authority (referred to as a “Discretionary Member Contribution”). If a Member offers to make a Discretionary Member Contribution, the Authority may, subject to Board approval on a case-by-case basis in its discretion, provide additional transportation services within the boundaries of such Member with a value, or grant such Member a credit against other contributions or contract service payments to the Authority by or on behalf of such Member, in an amount equivalent to the Discretionary Member Contribution. 156 16 Pursuit of Grants. The Authority shall actively pursue grants to support its activities, including grants for offsetting operating and capital costs, long range planning and environmental review, and major capital improvements. The Authority shall also cooperate and assist Members in their pursuit of grants for transportation projects. Capital Projects and Bonds. The Authority may fund capital projects by the issuance of Authority Bonds pursuant to Section 609 of the Act if voter approval is obtained for the issuance of such Bonds as required by Section 612(2) of the Act; through lease-purchase agreements or other arrangements permitted by, and subject to compliance with the applicable provisions of, State and federal law; or through one or more agreements with one or more Members. Bond issuances by any Regional Transportation Enterprise formed by the Board pursuant to Section 606 of the Act do not require voter approval. No Implied Limits on Powers. Except as otherwise specifically provided, no provision of this Article 7 shall limit the Authority’s powers under the Act. REORGANIZATION Reorganization Plan. The Authority and Eagle County will undertake best efforts to transfer all assets and liabilities of ECRTA that are to be transferred to the Authority in accordance with this Article 8 and the Transition Plan within a 24-month period from the date of the Election authorizing establishment of the Authority (the “ECRTA Transition Period.”). ECRTA Transition Period.During the ECRTA Transition Period, the Authority will undertake the following: (a)The Authority will assume responsibility for the services provided by ECRTA and will begin receipt of transfers of the operating revenues of ECRTA (as distinguished from the contributions to the Roaring Fork Transportation Authority by its members) from Eagle County no later than January 1 of the year following formation of the Authority in accordance with Section 7.01(b) of this Agreement and the Transition Plan; provided, however, that the Authority may not allocate such revenues to any purpose other than funding of services provided by ECRTA, including payments under any contract with Eagle County referred to herein for services of employees or other assets of ECTRA, in order to ensure continuity of ECO Transit services during the ECRTA Transition Period as the provision of such services, and the transfer of assets and liabilities, transition from Eagle County to the Authority over such period. (b)For the purpose of continuity, the existing ECRTA Advisory Board shall be constituted as an Advisory Committee pursuant to Article 4 of this Agreement for the purpose of advising the Authority’s initial Board with respect to the transition of ECRTA services throughout the ECRTA Transition Period. The Authority Board may add or remove members of the ECRTA Advisory Board as provided for in this Agreement. (c)Either directly or by contract with Eagle County or others, the Authority shall use best efforts to: 157 17 (i)maintain continuity of the existing ECO Transit regional transit services provided by ECRTA within the Authority Boundaries and to neighboring jurisdictions, without any significant changes in routes, schedules, or equipment, during the ECRTA Transition Period, except as provided for in the Transition Plan; (ii)continue ongoing transportation planning efforts; (iii)enter into or assume contracts for transit services ECRTA currently provides to other Eagle County departments or entities no later than the end of the ECRTA Transition Period; and (iv)accommodate Member requests for additional or new local services on the same fully allocated cost basis used to determine the cost of Authority services throughout the Authority service area; (d)The Authority will assist Eagle County to cause all relevant Eagle County assets, liabilities, personnel, contracts, and operations to be formally transferred and assigned to the Authority, and to enter into any required intergovernmental agreement, leases, or other contractual arrangements to enable such transfers or assignments, prior to the conclusion of the ECRTA Transition Period; and (e)The ECRTA Transition Period will be deemed concluded when all issues set forth in the Transition Plan (defined in Section 8.03) have been addressed to the satisfaction of the Board and Eagle County. Transition Plan. (a)The Authority and Eagle County shall use their best efforts to implement a “Transition Plan,” substantially consistent with the framework set forth in the Transition Plan Framework attached hereto and incorporated herein as Appendix D, in order to implement the provisions of this Article 8. The Transition Plan will specify how merger issues, including those related to human resources, employee benefits, insurance, transfer of ECRTA assets, contractual relationships (e.g. with the Town of Vail and the Town of Avon), and matters concerning the allocation of operating and capital costs and resources will be resolved. The Transition Plan will be approved, and may be subsequently amended, by mutual agreement of the Authority and Eagle County, which approval and modifications shall not constitute an amendment to this Agreement and may be approved by the Authority Board as provided for under Section 3.11(a). Maintenance of Effort.It is the intent of Eagle County that the Authority continue to maintain countywide transit services following the completion of the Transition Period using the revenues generated by the Existing ECO Transit Tax. Any significant reduction to the geographic coverage of service or service standards, as compared to the services provided by ECO Transit during the Transition Period, shall require the prior consent of Eagle County. 158 18 MEMBERS Initial Members. The Initial Members shall be the Initial Signatories whose participation in the Authority is approved at the November 8, 2022, election as described in Section 2.05 of this Agreement. Withdrawal of Initial Members. (a)Following establishment of the Authority, a Member may withdraw from the Authority only if the Member’s withdrawal is approved at an election by a majority of the electors voting thereon. (b)If a Member withdraws from the Authority pursuant to subsection (a) of this Section: (i)the territory within the boundaries of such Member will be excluded from the Boundaries of the Authority; (ii)subject to Section 9.02(c), the taxes relevant to that Member shall not be levied after the effective date of such withdrawal; and (iii)the obligations of such Member set forth in this Agreement shall terminate. (c)If a Member withdraws from the Authority while the Authority has any Bonds outstanding, it shall continue to levy taxes within its boundaries after the effective date of such withdrawal for the period such Bond obligations remain outstanding, or as provided for in the applicable financing documents. (d)Members may only withdraw from the Authority in the manner, and subject to the conditions, set forth in this Section. Additional Members. Any county, municipality, or special district with street improvement, safety protection, or transportation powers, or a portion thereof, which is not an Initial Member of the Authority, may become a Member (for purposes of this Section, a “new Member”) effective upon: (a)the adoption of a resolution of the Board in accordance with Section 3.11(a) of this Agreement, the effectiveness of which may be conditioned upon compliance by such new Member with any conditions which the Board, in its sole discretion, sees fit to impose; (b)unless the new Member is the State, approval of such new Member’s participation in the Authority by the electors residing within the territory of the new Member that is to be included in the Boundaries of the Authority; and 159 19 (c)compliance with any other conditions to the admission of such new Member as a Member or its execution of the amended Agreement imposed under the Act, the Intergovernmental Relations Statue or any other applicable law. TERM AND DISTRIBUTION OF ASSETS UPON TERMINATION Effective Date. The term of this Agreement shall begin when all the conditions to the establishment of the Authority set forth in Section 2.01 of this Agreement have been satisfied. Termination. (a)The term of this Agreement shall end when all the then-current Members agree in writing to terminate this Agreement. (b)This Agreement may not be terminated so long as the Authority has any Bonds outstanding. Distribution of Assets Upon Termination.Upon termination of this Agreement pursuant to Section 10.02 of this Agreement, after payment of all Bonds and other obligations of the Authority, the net assets of the Authority shall be distributed to the parties who are Members at such time in proportion to the sum of: (a)the amount of cash and the value of property and services contributed by each such Member to the Authority pursuant to Article 7 and 8 of this Agreement minus the amount of cash and the value of property previously distributed to them by the Authority; and (b)the total amount of Authority taxes or other charges (other than fares) paid by such Member’s residents, during the period of time such party was a Member, to the Authority pursuant to the Authority’s exercise of the powers granted to it pursuant to the Act, with taxes or other charges paid by residents of areas of counties that are also located within a municipality or special district allocated 100% to the municipality or special district for such purposes. DEFENSE OF DIRECTORS, OFFICERS, MEMBERS OF ADVISORY COMMITTEES AND EMPLOYEES Authority Obligations. The Authority shall insure and defend each Director, Officer, member of an Advisory Committee and employee of the Authority in connection with any claim or actual or threatened suit, action or proceeding (civil, criminal or other, including appeals), in which he or she may be involved in his or her official capacity by reason of his or her being or having been a Director, Officer, member of a Committee or employee of the Authority, or by reason of any action or omission by him or her in such capacity. The Authority shall insure and defend each Director, Officer, member of a Committee and employee of the Authority against all liability, costs and expenses arising from any such claim, suit or action, except any liability arising from criminal offenses or willful misconduct or gross negligence. The Authority’s obligations pursuant 160 20 to this Article 11 shall be limited to funds of the Authority available for such purpose, including but not necessarily limited to insurance proceeds. The Board may establish specific rules and procedures for the implementation of this Article 11 in the bylaws of the Authority. AMENDMENTS Amendments Generally. This Agreement, except as may be limited in this Article 12, may be amended only by resolution of the Board and upon unanimous consent of all Members minus one. Such consent shall first be manifested by a majority affirmative vote of the Governing Bodies of each Member. Amendments to Boundaries.Except as provided in Section 2.03 of this Agreement, the Initial Boundaries illustrated in Appendix A-1 and described in Appendix A-2, may be amended in accordance with Section 12.01 of this Agreement and with the required approval of the registered voters of any county, municipality or unincorporated portion of a county proposed to be added to the territory of the Authority. For purposes of this Section, the boundaries may not include territory within the boundaries of a municipality that is not a Member without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a Member without the consent of the governing body of such county. Modification of Appendices B-1 through B-8.Notwithstanding any other provision of this Agreement, the Ballot Questions attached hereto as Appendix B-1 through B-8 may not be modified by the Governing Body of the Initial Signatory responsible for submitting such Ballot Question to the electors as provided in Section 2.04 of this Agreement. MISCELLANEOUS Adoption and Execution of Agreement in Accordance with Law. Each Initial Signatory hereby represents to each other Initial Signatory that it has adopted and executed this Agreement in accordance with applicable law. Parties in Interest. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any Person other than the Initial Signatories and the Members any right, remedy, or claim under or by reason of this Agreement, this Agreement being intended to be for the sole and exclusive benefit of the Initial Signatories and the Members. No Personal Liability. No covenant or agreement contained in this Agreement or any resolution or bylaw issued by the Board shall be deemed to be the covenant or agreement of an elected or appointed official, officer, agent, servant, or employee of any Member in his or her individual capacity. Notices. Except as otherwise provided in this Agreement, all notices, certificates, requests, requisitions, or other communications by the Authority, any Member, any Director, any 161 21 Alternate Director, any Officer, or any member of a Committee to any other such person pursuant to this Agreement shall be in writing; shall be sufficiently given and shall be deemed given when actually received, in the case of the Authority and officers of the Authority, at the last address designated by the Authority for such purpose and, in the case of such other persons, at the last address specified by them in writing to the Secretary of the Authority; and, unless a certain number of days is specified, shall be given within a reasonable period of time. Assignment. None of the rights or benefits of any Member may be assigned, nor may any of the duties or obligations of any Member be delegated, without the express written consent of all the Members. Severability. If any clause, provision, subsection, Section, or Article of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the invalidity, illegality or enforceability of such clause, provision, subsection, Section, or Article shall not affect any of the remaining provisions of this Agreement. Interpretation. Subject only to the express limitations set forth in this Agreement, this Agreement shall be liberally construed to permit: (a)the Authority and the Members to exercise all powers that may be exercised by a regional transportation authority pursuant to the Act and by a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute; (b)the Members to exercise all powers that may be exercised by them with respect to the subject matter of this Agreement pursuant to the Act, the Intergovernmental Relations Statute and other applicable law; and (c)the Board to exercise all powers that may be exercised by the board of directors of a regional transportation authority pursuant to the Act and by the governing body of a separate legal entity created by a contract among the Members pursuant to the Intergovernmental Relations Statute. In the event of any conflict between the Act, the Intergovernmental Relations Statute or any other law with respect to the exercise of any such power, the provision that permits the broadest exercise of the power consistent with the limitations set forth in this Agreement shall control. Governing Law. The laws of the State shall govern the construction and enforcement of this Agreement. Venue for purposes of any litigation arising under this Agreement shall only be proper in the Eagle County District Court. Counterparts. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same Agreement. Counterparts may be executed either in original, facsimile, or electronic mail form, and each such facsimile or electronic mail signature shall have the efficacy of a signed original and may be used in lieu of the original for any purpose. [Remainder of page left intentionally blank. Signature pages follow.] 162 TOWN OF AVON SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] TOWN OF AVON, a municipal corporation Sarah Smith Hymes, Mayor Date: ATTEST: Brenda Torres, Town Clerk 163 BEAVER CREEK METROPOLITAN DISTRICT SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] BEAVER CREEK METROPOLITAN DISTRICT David Eickholt, President 164 TOWN OF EAGLE SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] TOWN OF EAGLE Date: Scott Turnipseed, Mayor ATTEST: Jenny Rakow, Town Clerk 165 TOWN OF GYPSUM SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] TOWN COUNCIL TOWN OF GYPSUM, COLORADO Stephen M. Carver, Mayor Date: ATTEST: Becky Close, Town Clerk 166 TOWN OF MINTURN SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] TOWN OF MINTURN Mayor, Earle Bidez Date: ATTEST: Town Clerk, Jay Brunvard 167 TOWN OF RED CLIFF SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] TOWN OF RED CLIFF, COLORADO BOARD OF TRUSTEES Duke Gerber, Mayor Date: ATTEST: Melissa Matthews, Town Clerk 168 TOWN OF VAIL SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] TOWN OF VAIL Kim Langmaid, Mayor Date: ATTEST: Tammy Nagel, Town Clerk 169 EAGLE COUNTY SIGNATURE PAGE to EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT Dated as of [ , 2022] COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Matt Scherr, Chair Jeanne McQueeney, Commissioner Kathy Chandler-Henry, Commissioner ATTEST: Clerk to the Board of County Commissioners 170 APPENDIX A-1 Authority Boundary Map 171 172 APPENDIX A-2 Authority Boundary Description The Initial Boundaries of the Authority shall consist of: 1.In accordance with Section 2.05(b) of the Agreement, if the registered electors voting on each of the Avon Question, the Beaver Creek Question, the Vail Question, and the Unincorporated Eagle County Question each approve their respective ballot questions: a.all territory within the Town of Avon and all territory subsequently annexed to the Town of Avon; b.all territory within the Beaver Creek Metropolitan District and all territory subsequently included into the boundaries of the Beaver Creek Metropolitan District; c.all territory within the Town of Vail and all territory subsequently annexed to the Town of Vail; and d.all territory within Eagle County, excluding: i.territory within the Town of Avon, the Beaver Creek Metropolitan District, the Town of Eagle, the Town of Gypsum, the Town of Minturn, the Town of Red Cliff, the Town of Vail; and ii.territory within the boundaries of the Roaring Fork Transportation Authority; and 2.Additionally, subject to Section 2.05(b) of the Agreement: a.if the Town of Eagle electors approve the Eagle Question, all territory within the Town of Eagle and all territory subsequently annexed to the Town of Eagle; b.if the Town of Gypsum electors approve the Gypsum Question, all territory within the Town of Gypsum and all territory subsequently annexed to the Town of Gypsum; c.if the Town of Minturn electors approve the Minturn Question, all territory within the Town of Minturn and all territory subsequently annexed to the Town of Minturn; and d.if the Town of Red Cliff electors approve the Red Cliff Question, all territory within the Town of Red Cliff and all territory subsequently annexed to the Town of Red Cliff. 173 APPENDIX B-1 BALLOT ISSUE [2A] – TOWN OF AVON FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 174 APPENDIX B-2 BALLOT ISSUE [6A] – BEAVER CREEK METROPOLITAN DISTRICT FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 175 APPENDIX B-3 BALLOT ISSUE [2B] – TOWN OF EAGLE FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 176 APPENDIX B-4 BALLOT ISSUE [2C] – TOWN OF GYPSUM FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 177 APPENDIX B-5 BALLOT ISSUE [2D] – TOWN OF MINTURN FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 178 APPENDIX B-6 BALLOT ISSUE [2E] – TOWN OF RED CLIFF FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 179 APPENDIX B-7 BALLOT ISSUE [2F] – TOWN OF VAIL FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 180 APPENDIX B-8 BALLOT ISSUE 1B – EAGLE COUNTY FORMATION OF EAGLE VALLEY TRANSPORTATION AUTHORITY SHALL EAGLE VALLEY TRANSPORTATION AUTHORITY (“EVTA”) TAXES BE INCREASED $15,563,303 IN 2023 (FIRST FULL FISCAL YEAR) AND BY WHATEVER AMOUNTS ARE RAISED ANNUALLY THEREAFTER FROM THE LEVY OF AN ADDITIONAL 0.50% SALES TAX (ONE CENT ON EACH TWO DOLLARS OF TAXABLE SALES) ON EVERY TRANSACTION OR INCIDENT WITH RESPECT TO WHICH A SALES TAX IS LEVIED BY THE STATE OF COLORADO; PROVIDED THAT SUCH TAX INCREASE SHALL COMMENCE ON JANUARY 1, 2023; AND SHALL THE EVTA BE ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS OF THE EAGLE VALLEY TRANSPORTATION AUTHORITY INTERGOVERNMENTAL AGREEMENT (THE “EVTA IGA”) AS MAY BE AMENDED FROM TIME TO TIME BETWEEN EAGLE COUNTY, THE TOWNS OF AVON, EAGLE, GYPSUM, MINTURN, RED CLIFF, AND VAIL, AND BEAVER CREEK METROPOLITAN DISTRICT, FOR THE PURPOSES OF PROVIDING ENHANCED REGIONAL TRANSPORTATION SERVICES IN ACCORDANCE WITH THE EVTA IGA, INCLUDING, BUT NOT LIMITED TO: •EXPANDING TRANSIT SERVICE, EXPRESS ROUTES, AND TRANSPORTATION OPTIONS ACROSS THE EAGLE VALLEY; •ENHANCING CONNECTIONS BETWEEN GYPSUM AND EAGLE AND OTHER COMMUNITIES; •ENHANCING AIR SERVICE AND IMPROVING ACCESS AT EAGLE COUNTY AIRPORT; •PROVIDING A FARE-FREE TRANSIT ZONE FROM EDWARDS TO VAIL, INCLUDING AVON, BEAVER CREEK, MINTURN, AND EAGLE-VAIL; •REDUCING ENVIRONMENTAL IMPACTS FROM TRANSPORTATION; AND SHALL ALL AMOUNTS RECEIVED BY EVTA FROM SUCH TAX INCREASES, CONTRIBUTIONS, AND OTHERWISE PURSUANT TO THE EVTA IGA AND EARNINGS THEREON BE COLLECTED AND SPENT WITHOUT LIMITATION OR CONDITION AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 181 APPENDIX C Initial Service Goals 182 C-1 Eagle Valley Transportation Authority Regional Transportation Service Goals The newly established Eagle Valley Transportation Authority, (“Authority”), shall use reasonable efforts to achieve the following: 1. Assume Responsibility for Existing ECO Transit Service The Authority shall assume responsibility for existing transit service as currently provided by the Eagle County Regional Transportation Authority, (“ECO Transit”), as of January 1 of the year following RTA formation, as further detailed in the Transition Plan. Within 12 months of RTA formation, the Authority shall develop and implement a fare- free transit zone with expanded service, to include portions of Avon, Vail, Minturn and Beaver Creek, as a replacement for ECO’s existing Vail/Beaver Creek Express service. 2. Increase Service on Current ECO Routes The Authority shall begin planning for one or more of the following enhancements, to be introduced as soon as equipment, staffing, and facilities allow: ● Increased capacity and/or service frequency on Highway 6. ● Increased all-day service frequency on Valley Route, including additional daily connections to Doster. ● Increased service to/from Leadville. 3. Develop and Implement New Transit Routes Develop and implement new transit service no later than December 31, 2024, to meet needs identified during the Authority formation process, including but not limited to: 1) Eagle-Gypsum Circulator Regular transit service connecting the Towns of Eagle and Gypsum that promotes increased circulation in/between these communities and provides efficient connection to other regional routes. 2) Limited Stop Express Service Additional rush hour express service targeting peak workforce commute hours. 3) Airport Express Service Additional service connecting Eagle County Airport to Avon, Beaver Creek, and Vail In addition, the Authority may explore the feasibility of offering additional regional transit services as needs are identified in future Transit Development plans. 183 C-2 4. Accelerate Conversion of Fleet and Facilities to Zero-Emission Operations The Authority shall take the following steps toward zero-emission operations: 1) Conversion of ECO’s existing Highway 6 bus service to a zero-emission platform, on a timeframe that evaluates available grant funds, anticipated increases in range and performance capacity of zero-emission buses, and allocation of available Authority funds to other expenditures which may increase ridership. 2) Development of zero-emission plans, timelines, and budgets for additional routes and facilities as outlined in an initial RTA Transit Development Plan, to be created following RTA formation. 5. Invest in Transit-Related Facilities and Infrastructure The Authority shall allocate a portion of available revenues to upgrade existing facilities to support planned service expansion. In addition, funds will be set aside in a capital improvement fund to support fleet replacement and future construction of essential transit-related and transit-supportive facilities. Uses of these funds may include: 1) Expansion of the existing Swift Gulch or MSC facilities to support additional operations and/or dedicated staff housing. 2) Construction and/or expansion of additional facilities as identified in the initial Transit Development Plan (TDP). 6. Support Local Air Service The Authority will pledge funding to support expanded year round air service for residents and visitors of Eagle County. 7. Regional Transportation System Planning The Authority shall embark on a 5-year Transit Development Plan (TDP) as one of its first tasks upon formation. This plan should be completed within 12-18 months of the appointment of the initial Authority Executive Director. 184 APPENDIX D Transition Plan Framework 185 D-1 Eagle Valley Transportation Authority Transition Plan Framework Eagle County’s pledge of a portion of the Countywide .5% Mass Transportation sales tax and transfer of associated assets is contingent upon the interim RTA Board and Eagle County mutually agreeing to a Transition Plan following voter approval of the RTA. Transfer of funding will require completion of specific required elements as outlined in that Transition Plan. This document outlines Eagle County’s expectations regarding the minimum administrative, legal, accounting, and financial procedures that must be established by the RTA in order to transfer responsibility for the operation of current ECO Transit services. Continuity of Service: The RTA is expected to take on the responsibility for providing current ECO Transit service while simultaneously pursuing additional improvements and economies of scale with new funding generated by the RTA sales tax. A portion of Eagle County’s existing 0.5% sales tax is expected to fund current ECO Transit service or its functional equivalent in terms of hours, frequency, and geographic coverage. This equates to target ECO Transit seasonal service levels during the Transition Period and beyond equivalent to at least 85% of the Winter 2021/2022 and Summer 2022 scheduled service hours below: Route Daily Service Hours - Winter Season Daily Service Hours - Summer Season Valley 75.4 69.79 Highway 6 132.12 107.33 Leadville 11.15 9.38 Minturn 13.5 10.5 Vail-BC Express 13.33 0 Total 245.5 197 Any significant reduction to the geographic coverage of service or service standards must be recommended by the RTA Board and approved by the Board of County Commissioners, unless a different arrangement is agreed to by both parties. This requirement applies to service that has traditionally been provided by ECO Transit only. Expansion, enhancement, or reduction of services initiated by the RTA remain the sole responsibility of the RTA Board. This service equivalency requirement does not preclude 186 D-2 the reasonable restructuring or realignment of these routes in the future by the RTA, provided geographic coverage equivalent to the above routes is maintained and the impetus for specific route changes is to create operational efficiencies and leverage new economies of scale. Phased Transition of Current Operations: The RTA will assume responsibility for ECO Transit operations in several phases as the relevant administrative and management capacity can be developed. Transition of various aspects of ECO Transit operations to the RTA will not occur until specific administrative, financial, and legal requirements have been met. Full transition will require the transfer of revenue, assets, personnel, and existing contractual agreements, as well as the creation of new agreements and/or other mechanisms for providing legal, administrative, IT, financial, and other services that are currently provided by other County Departments. The cost of these services is partially reflected by the $600k/year administrative fee included in ECO Transit’s annual budget, but actual costs for these services may differ depending on how the RTA chooses to staff or contract for these elements. A minimum of $750,000/year should be included in the initial RTA budget to compensate the County for administrative services that may continue to be performed on behalf of the RTA during the transition period. Management of the transition process and ongoing RTA liaison activities will require one Eagle County FTE. This position will be expected to manage the revenue transfer process, any future contracts between the County and RTA, and coordinate ECG’s ongoing County-specific involvement in transit/transportation issues County-wide. Proposed transition phases include: Phase 1: Administrative Establishment As a new legal entity, the RTA will need to establish a minimum administrative structure before hiring permanent staff and assuming responsibility for current or future operations. Administrative establishment procedures will begin as soon as reasonably possible upon approval of the ballot measures. Administrative establishment procedures will include: Establishing the RTA Board; Establishing a regular RTA Board meeting schedule and Board procedures; 187 D-3 Identifying and contracting an Interim Executive Director (ED) to facilitate the administrative start-up process; Contracting for Interim Legal Services; Identifying and staffing subcommittees, if desired, to assist with administrative tasks; Developing a proposed RTA start up budget; and Developing and issuing consultant/vendor RFPs to support the RTA during the Transition Period. Phase 1 elements are expected to take up to 12 months. Phase 2a: Further Development of Administrative Policies and Procedures Once Board processes have been established and legal counsel is on board the interim ED will work with the board to establish additional administrative policies and procedures to allow for the hiring of permanent personnel, including a permanent Executive Director, and executing appropriate additional contracts and agreements for service. Phase 2b: Transition of Revenues and Financial Operations Transition of revenues and financial operations may begin once Phase 1 Administrative establishment procedures have been completed, but are expected to begin by January 1, 2024. Specific activities in this area should include: Establishment of an administrative mechanism for recurring transfers of the relevant portion of the County’s existing 0.5% mass transportation sales tax to the RTA; Full transfer of all responsibilities related to on-board and advanced pass sale revenue collection, including accounting and auditing procedures; Full transfer of Accounts Payable and Accounts Receivable functions to RTA staff or contractors; and Establishment of appropriate permanent financial accounting and audit procedures. Revenue Transfer: Current ECO Transit operations are funded by a Countywide sales tax for mass transportation of 0.5%, along with fare sales and advertising revenues. A minimum of 188 D-4 10% of this mass transportation tax is used to fund ECO Trails. Portions of this tax collected in the Roaring Fork Valley are used to pay Eagle County’s RFTA transit/trails contributions. Recurring Sales Tax Collections Eagle County will retain a minimum of 10% to a maximum of 15% of the county mass transit tax annually to cover salaries, construction, maintenance and debt service payments related to the Eagle Valley Trail. The current expectation is for Eagle County to operate and maintain the Eagle Valley Trail through completion of all remaining trail segments as identified in the Eagle Valley Trails Plan. Eagle County may transfer trail ownership and maintenance to the RTA, along with revenues that exceed the debt service payment obligations of Eagle County, after December 31, 2024, subject to with BoCC and RTA Board approval. Planning activities for this transition, if agreed, may occur during the Transition Period. Eagle County will also continue to retain the portions of this tax currently allocated to RFTA for transit and trail activities in the Roaring Fork Valley portion of Eagle County. These funds will continue to be transferred to RFTA as has been done in the past. During the transition period, funds transferred will be net of all transit-related costs including any costs related to administrative, maintenance, or operations activities the County continues to perform on behalf of the RTA, including salaries and benefits of ECO Transit personnel who are providing RTA services. At the conclusion of the transition period, funds transferred will continue to be net of any payments for leases or services Eagle County provides to the RTA under IGAs, leases, or other relevant agreements between the two entities. Farebox and Pass Sales The RTA will establish a separate contract for Financial and Accounting services as soon as possible, with the expectation this contract will be in place by December 31, 2023. Eagle County will continue to collect and process farebox revenues according to established procedures pending the completion of the Phase 1 Administrative Establishment procedures. The RTA will assume responsibilities as soon as possible but no later than December 31, 2024. 189 D-5 Advertising Revenue Any outstanding contracts for advertising that generate revenue will be terminated by Eagle County in accordance with the prevailing contract terms and renegotiated and reprocured by the RTA unless otherwise agreed between Eagle County and the RTA. Current Account Balances and Other Accruals ECO Transit Fund Balance ECO Transit’s existing fund balance will remain with Eagle County to be used for transportation purposes consistent with the provisions of the existing sales tax. Portions of this fund balance may be transferred to the RTA on a case-by-case basis to support capital investments by request of the RTA Board and with the approval of the Board of County Commissioners. Accrued Interest Any interest accrued on the ECO Transit Fund Balance will remain with the County and not be included in regular revenue transfers. Interdepartmental Transfer Revenue ECO Transit operates service on behalf of other County Departments (Healthy Aging, MIRA). These contracts and operations will be transferred to the RTA no later than December 31, 2024. All other annual service contracts will be renegotiated by the RTA at its discretion, with the expectation that the RTA will be fully responsible for all of these services by December 31, 2024. Phase 3: Transfer of Rolling Stock and Facilities Rolling Stock: All vehicles titled to ECG will be transferred to the new entity and titled/insured by December 31, 2024. A list of current ECO Transit vehicles is included as Attachment A. This includes transfer of any grant liabilities or CDOT liens, which are also identified in Attachment A. Vehicle ownership will be transferred on a rolling basis to allow for continuity of operations while required administrative processing takes place, beginning in April 2024, following the conclusion of the Winter season. A maximum of 10 vehicles will be pulled out of service at any given time to undergo administrative processing. As a vehicle is registered and returned to service, another vehicle will enter the transfer process. Vehicles will be 190 D-6 transferred to the RTA as expeditiously as possible, with the expectation that all vehicles will be registered to the RTA and enter RTA service by the start of the Winter 2024 season in late November. The RTA and Eagle County will enter into appropriate agreements to allow for continued operations by the other party, as applicable, following the transfer of ownership, until the full transition of operations to the RTA is complete. It is expected that the operating party will responsible for all legal liabilities, provision of insurance, and similar requirements associated with vehicle operations. Three Avon Transit vehicles will be transferred to the RTA on a no-cost basis, to serve routes previously operated by Avon Transit that are being incorporated into the RTA. If necessary, this transfer will include the transfer of all grant liabilities or CDOT liens. These vehicles will be transferred together at the conclusion of Avon’s Winter 2023-2024 season. No vehicles owned by Vail Transit or Beaver Creek Transit are currently expected to transfer to the RTA. Any future vehicle transfers will be governed by terms set by the RTA and the relevant jurisdiction. Transit Facilities: ECO Transit currently operates out of multiple facilities. These include County-owned facilities such as the Maintenance Service Center (MSC) in Gypsum, the Leadville Bus Barn, bus shelters, and park and rides; Avon’s Swift Gulch facility; and the Vail Transportation Center (VTC). Some of these facilities will be transferred to the RTA while others will continue to host operations and/or maintenance under new IGAs with mutually negotiated provisions. County-owned Facilities Gypsum MSC ECO Transit occupies a portion of this County owned facility. Accommodations will be made over the short term for the RTA to continue operating out of this facility via an IGA or other appropriate lease/agreement. It is Eagle County’s expectation that the terms of this facility use agreement will be equivalent to terms offered by Avon, Vail, or any other member jurisdiction that may house RTA facilities in the future. 191 D-7 At the outset, the IGA will include all areas currently included in ECO Transit’s existing space allocation, i.e. the bus barn/storage area, and ECO Transit staff offices in buildings A and B. Note that this facility is on Airport owned land and is subject to FAA lease/operating terms. Lease rates will be calculated based on fair market value rates in the area. Lease terms will not exceed the maximum years allowed by FAA regulations. Leadville Bus Barn The County owns a bus barn in Leadville. ECO Transit currently bases two vehicles at this facility and rents remaining space to Summit Stage. The County will continue to own and maintain this facility, renting the currently occupied space to the RTA at cost. The County will continue to rent space to Summit Stage at its discretion. Bus Shelters and Park and Rides The RTA will assume responsibility for planning, construction, and maintenance of shelters and Park and Rides by December 31, 2024. Eagle County will retain ownership of all land and right of way, unless and until transferred to the RTA. All necessary easements shall be in place by December 31, 2024, and include appropriate liability insurance policies. A list of these assets is included in Attachment A. Avon-owned Facilities Avon Regional Transit Facility (Swift Gulch) The Avon Regional Transit Facility was built just over 10 years ago with assistance of Federal TIGER grant funding. The facility was always envisioned to serve as the up-valley hub to support regional transit in addition to serving Avon’s transit. Swift Gulch serves as a secondary base for vehicles storage and maintenance. It is anticipated that this facility will increase in importance as a mid-Valley operating base for the RTA. Operations out of this facility are currently governed by an IGA. Under current terms, ECO Transit pays a per-bay fee plus a proportional share of Capital, Operations and Maintenance ("O&M"), and Asset Management costs. Capital and Asset Management charges are fixed for the term of the Agreement. O&M Costs are audited each year and subject to change upon written notice by the Town of Avon no later than June 1 of any given year, with any changes effective by January 1 of the succeeding year. Maintenance and fueling activities performed by Avon/Swift Gulch staff are charged an hourly rate plus materials at a 15% markup. ECO Transit currently rents 9 spaces under this agreement. 192 D-8 Avon and the RTA will conclude a new IGA to take effect no later than January 1, 2024. The terms of the new IGA will, at a minimum, be similar to the terms of the existing IGA between Eagle County and the Town of Avon, included as Attachment B. Going forward, Avon has begun a design process to construct a new Public Works facility with the intent to move all Operations, Engineering and Building and Facilities personnel and operations out of the Avon Regional Transit Facility. The target date for this move is 2025, after which the Avon Regional Transit Facility footprint could be expanded to support the RTA’s regional transit operations. Avon has already begun seeking potential design and construction grants to expand the Avon Regional Transit Facility in anticipation of this future need. Vail-owned Facilities Vail Transportation Center ECO Transit has an IGA with the Town of Vail for use of the Customer Service Booth and to operate out of the facility, included as Attachment C. This IGA will be renegotiated between the RTA and Town of Vail, with a new IGA to take effect no later than January 1, 2024. The terms of the new IGA will, at a minimum, be similar to the terms of the existing IGA between Eagle County and the Town of Vail. The Town of Vail is currently developing plans to expand and upgrade the Vail Transportation Center facility into a full-scale mobility hub. This work includes the expansion of the capacity of the facility to handle the increased use for all transit providers including ECO/RTA as they expand, and to provide charging capabilities for electric transit vehicles as the fleets transition. This is the busiest stop in the entire ECO Transit system. This project is currently in the CDOT 10-year plan at a value of $15.0M and was the number one transit project in the Intermountain planning region. The town recently applied for a $1.5M Multimodal Options Fund (MMOF) expenditure which the town is providing half as a match and the MMOF Grant the other half to begin design work for this facility. ECO Transit current operations benefit from operating out of this facility which provides heated waiting areas, bathrooms, as well as transit bays, and the Town of Vail has paid for all operations, maintenance and capital investments over the years. It is expected the RTA will continue to operate out of the facility on the same terms as ECO Transit’s current use of the facility. 193 D-9 Lionshead Transit Center ECO Transit’s current operations benefit from operating out of this facility which provides heated waiting areas, bathrooms, as well as transit bays and the town has paid for all operations, maintenance and capital investments over the years. It is expected the RTA would continue to operate out of the facility on the same terms as ECO Transit’s current use of the facility. Other Facilities Lake Creek Village ECO Transit operations at this facility are currently authorized under an encroachment license with the property owner. This encroachment license will be transferred to the RTA as soon as possible, but no later than December 31, 2024. Phase 4: Transfer of Administrative Responsibilities and Personnel During the transition period, the RTA will make specific decisions regarding the number of direct-hire staff needed and what, if any, administrative and technical functions may be contracted out. ECO Transit is only partially staffed with respect to these organizational functions and as a result pays an annual “administrative service fee” to the County for providing these services. This fee is based on a percentage of ECO’s budget and varies from year to year, but it is generally around $600k. Contracts for functions that must be stood up independently such as Legal, Finance, and HR are expected to be executed during Phase 1 of the transition prior to any transfer of revenues or other responsibilities. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA, or other arrangements are made. All decisions regarding the transition of administrative personnel shall be made by January 1, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transfer period. Administrative personnel will be eligible to be transitioned once Eagle County confirms adequate administrative and financial procedures are in place. Staff positions that may be impacted during an initial round of transitions are: 194 D-10 Position Associated FTE ECO Transit Director 1 ECO Administrative and Customer Service Staff 4 ECO Transit Technology Staff 2 ECO Transit Planning Staff 1 Total Impacted FTE 8 Some specific considerations have already been identified with respect to Information Technology (IT) and the assumption of responsibility for State and Federal grant agreements. These are outlined below. Specific Needs Related to Information Technology: ECO Transit uses technology software and hardware that to a large extent are a part of the overall Eagle County IT ecosystem. The implementation of this technology ecosystem was never designed with any thought towards breaking off the ECO Transit components and operating them independently. Note that of the technology software and hardware specific to ECO Transit, much of it is legacy technology that is currently under review for both right-sizing and potential transition to a cloud-based model, whether or not RTA formation is successful. Standing up a sustainable and independent technology function within 24 months of RTA formation may be impractical and cost prohibitive due to the lead time and resources necessary. RTA and Eagle County may determine to enter into an IGA for technology services until the RTA stands up its own capacity. Some specific technology functions that should be addressed and related considerations include: Backend Hardware: Server instances are highly virtualized and both server and storage hardware is shared across all departments. Actual individual hardware components involved are fairly minimal in number, with system redundancy considerations being a 195 D-11 significant element of overall design. It would be difficult to separate single pieces of hardware from one another and still have acceptable system redundancy (for both Eagle County and / or the RTA). Provisions for shared access to this hardware should be included in a future IGA until the RTA no longer operates at the Gypsum MSC or makes other arrangements for servers/storage. Backend Software: Eagle County IT provides ECO Transit with both Enterprise software that is common to all Eagle County departments, as well as Line of Business (LOB) software unique to ECO's specific operating needs. Regarding the Enterprise software (Financials, HR / Payroll, Office Productivity, etc.), the RTA should select and implement their own systems based upon perceived needs and costs. The RTA should begin the process of identifying and contracting vendors for this process during the Phase 1 Administrative Establishment period. In general, LOB software can be transferred to the RTA. The main issue centers on the highly complex Clever Devices CleverWorks solution which forms the backbone of ECO’s vehicle location, communication, and data collection systems. ECO Transit currently has a vision of replacing CleverWorks with a more fit for purpose system. Assuming the short term outlook for this application, it would likely not make sense to invest in the required technology hardware and personnel resources necessary to port this system over to the RTA. Arrangements should be made within the IGA for Eagle County IT to continue providing support to this function until a new software system is identified and implemented, ideally by December 21, 2024. Eagle County’s Fleet Department currently maintains all official maintenance records related to transit vehicles owned by Eagle County. Provisions should be made for the eventual transfer of these records prior to the initiation of any vehicle transfers. Networking Hardware / Software: The Gypsum MSC is one of ECO’s primary operating locations and is expected to remain so during and after the transition to an RTA. The MSC also provides office space and facilities for a combination of other Eagle County departments which all depend on Eagle County networking services in order to utilize their various software applications. In general, all networking equipment located at the MSC will continue to be necessary to support ongoing Eagle County department operations, and therefore cannot be transferred to the RTA. Where there are exceptions, such as the fixed outdoor wireless antennas used to communicate data between buses and CleverWorks, these items may be transferred at cost. Additionally, transferring over any maintenance agreement aspects related to the networking hardware and software may or may not be viable. Arrangements should be made within the IGA for Eagle County IT to continue providing support for these functions indefinitely. This arrangement would 196 D-12 require the RTA and associated users to comply with all Eagle County requirements regarding network security or forfeit access to the system. Personal Computers: Personal computers assigned to ECO Transit staff can be physically transferred to the RTA if desired by both parties. Potential issues that may arise are associated with the privacy considerations (data on the PC) as well as software licensing. Prior to any transfer Eagle County IT will format the PC hard drives, wiping all data and rebuilding with software licensed by RTA. Any equipment transferred will be transferred at cost. Peripheral Equipment: Printers / scanners, etc. County owned devices can simply be physically transferred over to the RTA. Multi function printers may require contractual amendments in order to move over any applicable maintenance function. Any equipment transferred will be transferred at cost. Software Licenses: 1) Vendor licensing pertaining to LOB software can likely be transferred to the RTA given requisite contracting amendments are implemented. 2) Enterprise software licensing will likely require new purchases / agreements 3) Windows Operating System licenses likely can not be transferred and will have to be purchased as well. Voice Services: County provided cellular phones can be transferred if the RTA wants to provide such a service to their staff. Traditional voice phone service will require the RTA to implement its own voice system. State and Federal Grant Agreements: ECO Transit accesses state and federal grant dollars for administrative and operating costs, rolling stock replacement, as well as other capital and/or planning projects. All ongoing capital grants and related reporting requirements will transfer to the RTA at the beginning of CDOT’s 2025 fiscal year (July 1, 2024). The RTA will apply for state capital and operating grants as a separate entity from CDOT’s FY 2025 onwards, with the expectation that all of these elements will be fully transitioned by the beginning of CDOT’s 2025 fiscal year (July 1, 2024). 197 D-13 Phase 5a: Transfer of Vehicle Maintenance Responsibilities and Personnel ECO Transit Fleet vehicles are currently maintained by Eagle County’s Fleet Department, with some services performed by the Town of Avon under an IGA. There are 2.5 Fleet Care Technicians/Transit Vehicle Detailers that are current employees of the ECO Transit department, along with one Fleet Asset Supervisor. Fleet Maintenance: Costs for maintenance, fueling, lubricants, parts, etc. are budgeted in the ECO Transit fund and paid via departmental transfer. Estimated costs are based on estimated (budget) and actual service hours. Upon RTA formation, it is assumed that Eagle County’s fleet department will continue to provide these services for the RTA via an IGA with specified hours and costs, on terms similar to those contained in the sample IGAs included as Attachment D. The RTA will not be under any long term obligation to continue to utilize Eagle County’s fleet department. The Town of Avon performs fueling and limited maintenance for ECO Transit vehicles housed at the Swift Gulch facility via an IGA. Service is performed at the Fleet Maintenance Facility adjacent to the Avon Regional Transit Facility. Approximately 65- 70% of the operations are fleet maintenance for vehicles and rolling stock for other public entities. Beaver Creek and ECO Transit buses are a substantial portion of this other local government maintenance work. Avon intends to continue offering fleet maintenance service at cost. Specific provisions for fleet maintenance performed at this facility will be included in the new IGA between the RTA and the Town of Avon referenced elsewhere in the Transition Plan. A sample of this IGA is included as Attachment B. Eagle County’s Fleet Department currently maintains all official maintenance records related to transit vehicles owned by Eagle County. Provisions should be made for the eventual transfer of these records prior to the initiation of any vehicle transfers. Transit Fleet Care Team: ECO Transit currently employs one Fleet Asset Supervisor, two full-time year-round Transit Fleet Care Technicians, and one winter seasonal Fleet Care Technician. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient 198 D-14 revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Fleet Care personnel shall be made by April 30, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during this round of transitions include: Position Associated FTE Fleet Asset Supervisor 1 Fleet Care Technicians 2.5 (includes a Winter seasonal position) Total Impacted FTE 3.5 Phase 5a: Transfer of Transit Facility Maintenance Responsibilities and Personnel Trail and Facility Maintenance Personnel: ECO Transit and ECO Trails currently share 3 FTE with combined responsibilities for Transit and Trails maintenance. One of these three positions is currently funded by ECO Trails. As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Transit/Trails Maintenance personnel shall be made by April 30, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during an initial round of transitions are: 199 D-15 Position Associated FTE Transit/Trails Maintenance Supervisor 1 Transit Trails Maintenance Technicians 2 Total Impacted FTE 3 Eagle County may also choose to retain the FTE position currently funded by trails and/or add additional personnel to be paid in the future out of the Trails budget. Maintenance responsibilities related to the existing Eagle Valley Trail could also be included as a component of the future IGA for services between Eagle County and the RTA. Costs associated with any maintenance agreement(s) will be subtracted from the RTA’s obligations to Eagle County. Phase 6: Full Transfer of Operational Responsibilities and Personnel Full transfer of operational responsibilities and personnel will take place during the last stage of transition, with the expectation the RTA will be responsible for either direct operation or contract administration related to all functions by the start of the 2024 Winter season in November. Operations Personnel: As staffing decisions are made, existing ECO Transit personnel with satisfactory performance records and relevant qualifications may be transitioned from the County to the RTA. Notwithstanding anything herein to the contrary, the County will retain sufficient revenue pledged to the RTA to offset the costs of all of its personnel until they transition to the RTA or other arrangements are made. All decisions regarding the transition of Operations personnel shall be made but no later than July 31, 2024. The RTA and County will use best efforts to minimize disruptions to retained personnel during the transition period. Staff positions that may be impacted during this round of transitions are: 200 D-16 Position Associated FTE Operations Manager 1 Safety and Training Supervisor 1 Road Supervisors 4 Dispatchers 4 Bus Operators 51 Total Impacted FTE 61 Attachments: ATTACHMENT A - INVENTORY OF ECO TRANSIT ASSETS ATTACHMENT B - SAMPLE SWIFT GULCH IGA ATTACHMENT C - SAMPLE VAIL TRANSPORTATION CENTER IGA ATTACHMENT D - SAMPLE IGA FOR COUNTY FLEET SERVICE 201 BC0043 Bldg Imp 2009 Berry Creek Childcare building improvements Facilities Manag - 190-Facilities Management 12/31/2009 $15,043.09 LBS001 Bldg Leadville Bus Storage Facility Facilities Manag - 190-Facilities Management 12/31/2008 $1,172,677.33 840401 Equipment-Heavy Vehicles 2005 Gillig Phantom Transit 40' Bus #865 ECO Trans - 405-ECO Transit Authority 05/02/2005 $290,427.00 840501 Equipment-Heavy Vehicles 2005 Gillig Phantom Transit 40' Bus #866 ECO Trans - 405-ECO Transit Authority 05/02/2005 $290,427.00 848901 Equipment-Heavy Vehicles 2006 Gillig BRT Low Floor Transit Bus #867 ECO Trans - 405-ECO Transit Authority 08/03/2006 $343,794.00 849001 Equipment-Heavy Vehicles 2006 Gillig BRT Low Floor Transit Bus #868 ECO Trans - 405-ECO Transit Authority 08/30/2006 $343,794.00 858001 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #871 ECO Trans - 405-ECO Transit Authority 11/01/2007 $371,363.00 858101 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #872 ECO Trans - 405-ECO Transit Authority 11/01/2007 $371,363.00 858201 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #873 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 858301 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #874 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 858401 Equipment-Heavy Vehicles 2007 Gillig BRT Low Floor Bus #875 ECO Trans - 405-ECO Transit Authority 11/01/2007 $360,363.00 859301 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #876 ECO Trans - 405-ECO Transit Authority 12/17/2008 $372,919.00 859401 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #877 ECO Trans - 405-ECO Transit Authority 12/17/2008 $372,919.00 859501 Equipment-Heavy Vehicles 2008 Gillig BRT Low Floor Transit Bus #879 ECO Trans - 405-ECO Transit Authority 12/17/2008 $361,919.00 859601 Equipment-Heavy Vehicles 2008 Gillig Low Floor Transit Bus #878 ECO Trans - 405-ECO Transit Authority 12/17/2008 $361,919.00 864401 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #880 ECO Trans - 405-ECO Transit Authority 10/28/2009 $379,893.00 864501 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #881 ECO Trans - 405-ECO Transit Authority 10/29/2009 $379,893.00 864601 Equipment-Heavy Vehicles 2009 Gillig BRT Low Floor Transit Bus #882 ECO Trans - 405-ECO Transit Authority 10/30/2009 $363,924.00 866101 Equipment-Heavy Vehicles 2010 Gillig BRT Low Floor Transit Bus #884 ECO Trans - 405-ECO Transit Authority 10/29/2010 $383,488.00 866201 Equipment-Heavy Vehicles 2010 Gillig BRT Low Floor Transit Bus #883 ECO Trans - 405-ECO Transit Authority 10/28/2010 $383,488.00 866301 Equipment-Heavy Vehicles 2010 Chevrolet Paratransit Bus # 455 ECO Trans - 405-ECO Transit Authority 05/20/2010 $111,715.50 869901 Equipment-Heavy Vehicles 2012 Gillig BRT Low Floor Transit Bus #885 ECO Trans - 405-ECO Transit Authority 12/12/2012 $426,269.00 872901 Equipment-Mach & Equip Jetsort Cash Counting Machine ECO Trans - 405-ECO Transit Authority 12/04/2013 $11,822.00 873001 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #889 ECO Trans - 405-ECO Transit Authority 10/18/2013 $429,490.00 873101 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #888 ECO Trans - 405-ECO Transit Authority 10/17/2013 $429,490.00 873201 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #886 ECO Trans - 405-ECO Transit Authority 10/16/2013 $429,490.00 873301 Equipment-Heavy Vehicles 2013 Gillig Low Floor BRT Transit Bus #887 ECO Trans - 405-ECO Transit Authority 10/16/2013 $429,490.00 873501 Equipment-Heavy Vehicles 2007 Gillig LF BRT #869 ECO Trans - 405-ECO Transit Authority 03/19/2013 $28,000.00 873601 Equipment-Heavy Vehicles 2007 Gillig LF BRT #870 ECO Trans - 405-ECO Transit Authority 03/19/2013 $28,000.00 876201 Equipment-Heavy Vehicles 2014 Gillig BRT Low Floor Transit Bus #890 ECO Trans - 405-ECO Transit Authority 12/10/2014 $443,839.00 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 1 of 5 12/13/2021 12:19:57 PM 202 876301 Equipment-Heavy Vehicles 2014 Gillig Low Floor BRT Transit Bus, 40' #891 ECO Trans - 405-ECO Transit Authority 12/10/2014 $443,839.00 883101 Equipment-Heavy Vehicles 2015 Glaval Bus Entourage (Cutaway) #456 ECO Trans - 405-ECO Transit Authority 02/10/2016 $125,935.00 883201 Equipment-Heavy Vehicles 2015 Glaval Bus Entourage (Cutaway) #457 ECO Trans - 405-ECO Transit Authority 02/10/2016 $123,065.00 883601 Equipment-Heavy Vehicles 2016 Glaval Bus Entourage (Cutway) #458 ECO Trans - 405-ECO Transit Authority 11/04/2016 $125,908.00 883701 Equipment-Heavy Vehicles 2017 Arboc Spirit of Mobility Bus #459 ECO Trans - 405-ECO Transit Authority 10/04/2016 $135,749.00 883801 Equipment-Mach & Equip Stationary Vault ECO Trans - 405-ECO Transit Authority 04/28/2016 $117,505.00 886401 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #892 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886501 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #893 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886601 Equipment-Heavy Vehicles 2017 Gillig Low Floor BRT Transit Bus 40'- #894 ECO Trans - 405-ECO Transit Authority 08/14/2017 $434,885.00 886701 Equipment-Heavy Vehicles 2017 Arboc Spirit of Mobility - #460 ECO Trans - 405-ECO Transit Authority 08/18/2017 $149,336.00 890901 Equipment-Heavy Vehicles 2018 Gillig Transit Bus #896 ECO Trans - 405-ECO Transit Authority 09/17/2018 $465,915.00 891001 Equipment-Heavy Vehicles 2018 Gillig Transit Bus #895 ECO Trans - 405-ECO Transit Authority 09/17/2018 $465,915.00 893201 Equipment-Heavy Vehicles 2018 Arboc Spirit of Mobility ECO Trans - 405-ECO Transit Authority 11/16/2018 $154,887.00 895101 Equipment-Mach & Equip Odyssey Farebox ECO Trans - 405-ECO Transit Authority 06/11/2018 $13,369.75 895201 Equipment-Mach & Equip Odyssey Farebox ECO Trans - 405-ECO Transit Authority 06/11/2018 $13,369.75 895301 Equipment-Heavy Vehicles Gillig "Low Floor BRT' Transit Bus 40 Foot Length #897 ECO Trans - 405-ECO Transit Authority 09/25/2019 $463,261.00 895401 Equipment-Heavy Vehicles Gillig "Low Floor BRT' Transit Bus 40 Foot Length #898 ECO Trans - 405-ECO Transit Authority 06/27/2019 $463,261.00 895501 Equipment-Heavy Vehicles Gillig "Low Floor BRT" Transit Bus 40 Foot Length #899 ECO Trans - 405-ECO Transit Authority 06/28/2019 $463,261.00 895701 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 895801 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 895901 Equipment-Mach & Equip Odssey Farebox ECO Trans - 405-ECO Transit Authority 08/20/2019 $14,505.75 BG0048 Bldg Imp Leadville Bus Barn ECO Trans - 405-ECO Transit Authority 12/31/1997 $52,540.00 EC0001 Land Leadville Land Purchase ECO Trans - 405-ECO Transit Authority 12/31/2007 $165,607.00 ECO002 Equipment-Comp Software Para Transit Software ECO Trans - 405-ECO Transit Authority 12/31/2014 $20,890.28 ECO003 Equipment-Comp Software ECO AVM System ECO Trans - 405-ECO Transit Authority 08/11/2014 $50,782.64 ECO004 Equipment-Mach & Equip ECO Video Surveillance Equipment ECO Trans - 405-ECO Transit Authority 10/31/2014 $113,930.00 ECO005 Equipment-Comp Software ECO Pass Auto Fare Media ECO Trans - 405-ECO Transit Authority 05/31/2014 $24,894.34 LBS002 Bldg Imp 2015 Leadville Bus Storage Facility Building Improvements (Solar) ECO Trans - 405-ECO Transit Authority 11/02/2015 $43,990.00 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 2 of 5 12/13/2021 12:19:57 PM 203 TR0001 Bldg 1998 Construction of Bus Shelters ECO Trans - 405-ECO Transit Authority 01/01/1999 $63,589.00 TR0002 Bldg 1999 Construction of Bus Shelters ECO Trans - 405-ECO Transit Authority 01/01/2000 $154,939.00 TR0003 Bldg 2001 Bus Shelter Construction ECO Trans - 405-ECO Transit Authority 01/01/2002 $161,532.00 TR0025 Land Imp Eagle Park-n-Ride Parking Lot ECO Trans - 405-ECO Transit Authority 12/03/1999 $187,188.00 TR0030 Bldg Imp ECO PV Lighting System for Bus Shelters in Eagle County ECO Trans - 405-ECO Transit Authority 11/01/2000 $41,575.00 TR0033 Equipment-Comm Equip 800 Mhz Upgrade ECO Trans - 405-ECO Transit Authority 12/31/2000 $104,973.00 TR0039 Land Imp Shelter 53-Eagle Valley HS Parking Lot Paving ECO Trans - 405-ECO Transit Authority 11/12/2002 $28,787.00 TR0045 Bldg Shelter 100 - Lake Creek Village Apts - Lake Creek Com Station ECO Trans - 405-ECO Transit Authority 12/26/2002 $11,343.00 TR0047 Land Imp Shelter 79-Minturn Forest Service Land Improvements ECO Trans - 405-ECO Transit Authority 12/31/2003 $50,878.00 TR0050 Bldg Shelter 30 - Bear Lot ECO Trans - 405-ECO Transit Authority 05/23/2006 $24,264.00 TR0052 Bldg Shelter 32 - Forest Service ECO Trans - 405-ECO Transit Authority 12/31/2007 $17,763.00 TR0053 Bldg Stone Creek Bus Shelter #33 ECO Trans - 405-ECO Transit Authority 12/31/2007 $17,297.00 TR0057 Bldg Colorado Mountain College, West Bus Shelter #35 ECO Trans - 405-ECO Transit Authority 12/02/2008 $11,430.78 TR0061 CIP Eagle River Village - MHP Bus Shelter ECO Trans - 405-ECO Transit Authority 12/31/2018 $20,980.00 TR8441 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 10/28/2020 $985,041.00 TR8442 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 11/02/2020 $985,041.00 TR8443 Equipment-Heavy Vehicles Proterra Inc Electric Bus 31502.Electric Bus VV/5339 ECO Trans - 405-ECO Transit Authority 11/02/2020 $985,041.00 ECO001C Equipment-Comp Software AVL/CAD Software ECO Trans - 405-ECO Transit Authority 12/31/2014 $1,001,890.72 TR0051R Bldg Miller Ranch Replacement Bus Shelter #31R ECO Trans - 405-ECO Transit Authority 12/31/2008 $12,288.17 TR0058C Bldg Freedom Park Bus Shelter ECO Trans - 405-ECO Transit Authority 11/18/2019 $205,907.53 TR0059C Bldg Avon Station Bus Shelter ECO Trans - 405-ECO Transit Authority 12/09/2019 $108,239.83 TR0060C Bldg Dotsero Mobile Home Park Bus Shelter ECO Trans - 405-ECO Transit Authority 08/15/2019 $37,806.59 TR0063c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.11 TR0064c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.10 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 3 of 5 12/13/2021 12:19:57 PM 204 TR0065c Equipment-Mach & Equip Proterra Inc Electric Bus Charger - Avon Regional Transportation Facility - 500 Swift Gulch Road (corrected for accounting cat) ECO Trans - 405-ECO Transit Authority 11/30/2020 $144,818.11 858501 Equipment-Mach & Equip 2008 Toolcat Work Machine EV Trails - 606-EV Trails 04/02/2008 $42,065.00 894501 Equipment-Mach & Equip 2019 John Deere 1025R Tractor Mower EV Trails - 606-EV Trails 09/16/2019 $22,279.38 BC0085 Infrastructure-Trails Freedom Park Parking Spots EV Trails - 606-EV Trails 12/31/2007 $28,994.00 TRL001 Infrastructure-Trails Edwards Bike Path EV Trails - 606-EV Trails 05/06/1999 $275,000.00 TRL002 Infrastructure-Trails E Edwards Trail EV Trails - 606-EV Trails 01/01/2001 $78,702.00 TRL004 Infrastructure-Trails Willits Trail Funding EV Trails - 606-EV Trails 11/16/2000 $15,000.00 TRL005 Infrastructure-Trails Honeywagon Trail Project EV Trails - 606-EV Trails 12/22/2000 $35,000.00 TRL006 Infrastructure-Trails Eagle Vail Trail EV Trails - 606-EV Trails 12/31/2005 $677,886.00 TRL007 Infrastructure-Trails Donavan/Honeywagon Trail EV Trails - 606-EV Trails 01/01/2002 $103,165.00 TRL010 Infrastructure-Trails 2000 E Edwards Trail Project EV Trails - 606-EV Trails 12/31/2000 $486,034.00 TRL013 Infrastructure-Trails Avon to Dowd Trail Project EV Trails - 606-EV Trails 12/20/2002 $22,884.00 TRL030 Infrastructure-Trails Avon to Dowd Trail Phase I EV Trails - 606-EV Trails 12/31/2006 $65,910.00 TRL040 Infrastructure-Trails Gypsum Dotsero Trail Phase I EV Trails - 606-EV Trails 12/31/2006 $34,508.00 TRL051 Infrastructure-Trails Eagle to Gypsum Trail EV Trails - 606-EV Trails 12/31/2007 $1,214,689.00 TRL063 CIP Avon to Eagle-Vail Phase 4, Business District Construction in Progress EV Trails - 606-EV Trails 12/31/2015 $25,618.40 TRL064 CIP Avon to Eagle-Vail, Business District to Kayak Crossing Trail 1152-191-8160.99 31904.Phase5 EV Trails - 606-EV Trails 12/31/2020 $42,845.90 TRL065 CIP Dowd Junction Trail 1152/2150-191-8160.99 31915.Down Junction EV Trails - 606-EV Trails 12/31/2020 $13,143.25 TRL071 Infrastructure-Trails Cooley Mesa Trail EV Trails - 606-EV Trails 12/31/2008 $25,793.75 TRL041C Infrastructure-Trails Gypsum to Dotsero Phases V I-70 Overpass of Hwy 6 to River Road EV Trails - 606-EV Trails 12/31/2014 $367,669.66 TRL043C Infrastructure-Trails Gypsum to Dotsero Phases 2 and 3 BLM Horse Pasture to BLM Lava Parcel EV Trails - 606-EV Trails 12/31/2014 $709,893.48 TRL052B Infrastructure-Bridges 2019 Addition from CIP EV Trails - 606-EV Trails 12/31/2019 $127,569.16 TRL052C Infrastructure-Trails Eagle to Horn Ranch Trail EV Trails - 606-EV Trails 12/31/2019 $7,891,561.15 TRL060C Infrastructure-Trails Avon to Eagle-Vail Phase II Post Blvd to I-70 Ramp EV Trails - 606-EV Trails 12/31/2012 $1,880,542.05 TRL061C Infrastructure-Trails Avon to Eagle-Vail Phase 1, Avon Rd to Post Blvd EV Trails - 606-EV Trails 12/31/2014 $590,002.39 TRL062C Infrastructure-Trails Avon to Eagle-Vail Trail - Phase 3 - Avon Trail EV Trails - 606-EV Trails 12/31/2014 $81,633.15 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 4 of 5 12/13/2021 12:19:57 PM 205 Bridge Grand Total:108 Assets $36,463,965.59 Eagle County Government Asset Listing Effective Date: 12/31/2021 Number Classification Description Responsible Department Acquisition Date Original Purchase Price User: Jessica Clark Pages: 5 of 5 12/13/2021 12:19:57 PM 206 VEHICLE INVENTORY FUNDING Bus Number Year VIN Funding Purchase Price % Federal $ Federal % Local $ Local Grant Amount Grant PO #Lien Maturity Date ($-  ) ($1,132,037)291001283 886 2013 15GGD2710D1183048 5309 ($429,490)66%($283,009)34%($146,481)2023 887 2013 15GGD2712D1183049 5309 ($429,490)66%($283,009)34%($146,481)2023 888 2013 15GGD2719D1183050 5309 ($429,490)66%($283,009)34%($146,481)2023 889 2013 15GGD2710D1183051 5309 ($429,490)66%($283,009)34%($146,481)2023 ($-) ($663,200) 291001488 890 2014 15GGD2715E1183077 5311 ($443,839)75%($331,600)25%($112,239)2024 891 2014 15GGD2717E1183078 5311 ($443,839)75%($331,600)25%($112,239)2024 892 2017 15GGD2719H3188873 5311 ($434,885)78%($340,000)22%($94,885) ($340,000) 491000709 2027 5311 48%($60,000) ($180,000) 491000708 2025 456 2015 1FDGF5GT2FED21023 FASTER ($125,935)13%($16,666) 39%($49,269) ($50,000) 491000717 2025 5311 48%($60,000) ($180,000) 491000708 2025 457 2015 1FDGF5GTXFED21027 FASTER ($125,935)13%($16,667) 39%($49,268) ($50,000) 491000717 2025 5311 47%($60,000) ($180,000) 491000708 2026 458 2016 1FDGF5GT1GEC58885 FASTER ($126,908)13%($16,667) 40%($50,241) ($50,000) 491000717 2026 459 2017 1GB6GUBG0G1281023 5317 ($135,759)71%($96,000) 29%($39,759) ($96,000) 491000778 2027 460 2017 1GB6GUBL4G1276792 FSTR ($149,336)70%($104,000)30%($45,336) ($104,000) 491001178 2027 893 2017 15GGD2710H3188874 5339 ($434,885)79%($344,000)21%($90,885) ($344,000) 491001071 2027 894 2017 15GGD2712H3188875 Local ($434,885)0%($-) 100%($434,885)($-) N/A N/A 895 2018 15GGD2716J3191428 5339 ($465,915)79%($370,400)21%($95,515) ($370,400) 491001279 2028 896 2018 15GGD2718J3191429 5339 ($465,915)80%($372,732)20%($93,183) ($372,732) 491001291 2028 461 2018 1GB6GUBL3G1276069 5339 ($154,887)57%($88,000) 43%($66,887) ($88,000) 491001282 2028 ($1,111,827)491001458 897 2019 15GGD2716K3192497 5339 $463,261 80%($370,609)20%($92,652) 2029 898 2019 15GGD2718K3192498 5339 $463,261 80%($370,609)20%($92,652) 2029 899 2019 15GGD271XK3192499 5339 $463,261 80%($370,609)20%($92,652) 2029 201 2020 7JZTH13J6LL000282 VW Settlement $985,041 47%$467,567 $1,402,700 491002068 2030 5339(c)39%$383,334 14%$134,140 $1,150,000 491001931 2030 202 2020 7JZTH13J8LL000283 VW Settlement $985,041 47%$467,566 $1,402,700 491002068 2030 5339(c)39%$383,333 14%$134,142 $1,150,000 491001931 2030 203 2020 7JZTH13JXLL000284 VW Settlement $985,041 47%$467,567 $1,402,700 491002068 2030 5339(c)39%$383,333 14%$134,141 $1,150,000 491001931 2030 901 2021 15GGD2713M3195960 5339 $542,000 74%$400,000 26%$142,000 491002249 2031 903 2021 15GGD2717M3195962 5339 $542,000 74%$400,000 26%$142,000 491002249 2031 904 2021 15GGD2719M3195963 5339 $542,000 74%$400,000 26%$142,000 $1,200,000 491002249 2031 902 2021 15GGD2715M3195961 FSTR $542,000 74%$400,000 26%$142,000 $400,000 491002266 2031 905 2021 15GGD2710M3195964 Local $542,000 44%$237,161 56%$304,839 N/A N/A 207 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 Approved As To Form: 208 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 12/7/2021 209 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 210 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 211 I-70 REGIONAL TRANSPORTATION OPERATIONS FACILITY EXHIBIT A-7 LEASE PAYMENT CALCULATION LEASE RATES AND CHARGES Lease payment calculations consist of Capital, Operations and Maintenance (“O&M”), and Asset Management and will be charged as a budget neutral operation. Capital and Asset Management charges will remain fixed for the term of the Agreement. O&M costs will be audited each year and may be subject to change upon written notice by the Town of Avon no later than June1 of any given year, which adjustment shall take effect no sooner than January 1 of the succeeding year. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 212 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 213 DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 214 EXHIBIT B-2 AVON FLEET MAINTENANCE SERVICE RATE SHEET 1. Contractor Services and Hourly Rate: At the verbal or written request of ECO Transit, Avon may provide repair and replacement work for ECO buses. For any such repair or replacement services, ECO will pay Avon a unit hourly shop rate of $110.00 per hour for light duty vehicles and equipment and $120.00 per hour for heavy duty vehicles and equipment which is the same rate as previous. Materials and sublet work shall be charged at cost plus twenty-five percent (25%). 2. Fuel Rate: ECO Transit will pay Avon a unit fuel rate of cost plus $0.15/gallon. 3. Warranty: Contractor will perform all services in a prompt, efficient and workmanlike manner. Contractor shall promptly correct any defective work. This warranty shall be in lieu of all other warranties, express or implied. Contractor's sole liability hereunder, whether in tort or in contract, is expressly limited to the warranty provided for herein. DocuSign Envelope ID: C318D84C-AB40-4E3C-8A04-4909677E85A5 215 INTERGOVERNMENTAL AGREEMENT FOR LEASE OF THE ECO TRANSIT WELCOME CENTER SPACE AT THE VAIL TRANSPORTATION CENTER THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is entered into the day of YYkl.lch. 2014, between the Board of County Commissioners of Eagle County, a body corporate and politic ("County"), and the Town of Vail, a Colorado municipal corporation, hereinafter referred to as the "Town"(individually at"Party"and collectively,the"Parties"). RECITALS WHEREAS, the Town owns, operates and maintains the Vail Transportation Center located at 241 South Frontage Road East, Vail, Colorado 81657 (the"VTC"); and WHEREAS, the County wishes to lease certain space within the VTC for bus-ticket sales and the provision of information services concerning local and regional transportation, as well as information regarding the Town of Vail, Vail Resorts, Greyhound, and local hotels and businesses; and WHEREAS, the Town is willing to lease said space to the County upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Town and the County, the Parties do hereby agree as follows: 1. Term. The initial term ("Initial Term") of this IGA shall commence upon execution of this Agreement by both parties and shall end on December 31, 2014, unless earlier terminated as hereinafter provided. 2. Renewal Term. After expiration of the Initial Term, this IGA shall automatically renew on the same terms and conditions for up to five (5) additional one-year terms (each one year period will individually be referred to as a "Renewal Term"). Each Renewal Term will commence on January 1 and end on December 31 of the succeeding calendar year. 3. Premises. The Town hereby grants to the County the right to lease and occupy the following space at the VTC: Space No. 400 consisting of an approximately 197 square foot area located on level 4 of the VTC, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. (the "Premises"). The Town will allow the County to place a Ticket Vending Machine outside of space No. 400 with access to power provided by the Town. Area of the needed space will be at least 3 feet wide by 2 feet deep. 4. Lease Payment Amount. As consideration for lease of the Premises under this Agreement,the County shall pay to Vail for each term as follows: Page 1 of 6 2 216 County will compensate the Town of Vail for use of the Premises in the form of bus tickets valued in an amount not to exceed $50,000 per year. The bus tickets will be for the use of Town of Vail employees. 5. Budgeting and Appropriation. The County's obligations under this Agreement are subject to the County's annual right to budget and appropriate the sums necessary to lease the Premises. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the County within the meaning of any constitutional or statutory debt limitation. Notwithstanding anything to the contrary contained in this IGA, the County shall have no obligations under this IGA with respect to any period after the end of the fiscal year in which funds have been appropriated therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). If applicable funds are not appropriated for a forthcoming Term, the County may terminate this Agreement without penalty, effective upon the commencement of the period for which funds have not been appropriated. the County will use its best effort to notify the Town of such non-appropriation of funds and resulting termination at the earliest possible date. 6. Payment. Payment will be made as follows: On a monthly basis, County will report and reconcile bus ride activity reports for passes dedicated to the Town of Vail billing code in the ridership software. Rides by pass will be reconciled at a rate of $1.50 per ride, not to exceed $85 per employee per month. Reports will be available to the Town no later than the 15th of the month following the billing period. 7. Rights and Limitations on Use of the Premises. The following rights and limitations apply to the County's use of the Premises: a) The County shall have access to the Premises only during normal operating hours for the VTC. b) The County agrees to accept the Premises in its existing condition and agrees not to make any installation on the Premises, except as may be removed without damage to the Premises. c) The County agrees to take good care of the Premises and to leave the Premises in the same condition as when first occupied at the commencement of this Agreement, reasonable wear and tear expected. d) The County shall be permitted to display signage necessary for its operations and as required by Greyhound Lines, Inc. The County will, at its own expense, maintain in good condition, all permitted signs and shall, on the expiration or termination of this Agreement, remove all such permitted signs and repair any damage that may be Page 2 of 6 217 caused by such removal. e) The County agrees to immediately notify the Town of any defects or dangerous conditions in and about the Premises of which the County becomes aware. The County agrees to reimburse the Town for the cost of repairing any damage to the Premises caused by acts or omissions of the County. 1) The County shall not permit the Premises to be used for any purpose prohibited by law, and will use the Premises in accordance with the general rules and regulations adopted by the Town governing the operation of the Premises. g) The County has the right to contract with a third-party independent contractor to provide bus-ticket sales and information services on its behalf. County's independent contractor will be required to comply with the limitations on use of the Premises contained herein. h) The Town shall provide County one daily parking pass per month for parking at the Vail Transportation Center through the course of the lease. 8. Termination. The County or the Town may terminate this IGA without cause by providing at least forty-five (45) days prior written notice to the other Party. 9. Utilities. The Town agrees that it will, at its own expense, furnish the necessary electricity, heating, lighting, trash removal, and water for the leased premises. the County shall provide janitorial and other services necessary to maintain the Premises in a clean and orderly condition, as well as special lighting lamps not normally furnished by the Town, at the County's own cost and expense. 10. Inspection. The Town shall have the right to enter the Premises for the purpose of inspecting or protecting the Premises. 11. Liability and Indemnification. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. 12. Insurance. The County must carry valid insurance for any individuals and property that are involved in use of the Premises. The Parties must each carry property damage and general liability insurance policies, each in the amount of$1,000,000 per occurrence and $1,000,000 aggregate. 13. Relationship of the Parties. The relationship between the Parties is that of cooperating independent governmental entities and nothing herein shall be deemed or construed as creating a relationship of principal and agent, partnership,joint venture, or joint ownership interest in the real property. 14. No Waiver of Governmental Immunity. Nothing in this IGA shall be construed to Page 3 of 6 218 waive limit, or otherwise modify any governmental immunity that may be available by law to the Town or the County, its respective officials, employees, contractors, or agents, or any other person acting on behalf of the Town or the County, and, in particular, governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes. 15. Notice. Any notice, demand, or other communication required or permitted to be given by any provision of the Lease shall be given in writing, delivered personally or sent by certified or registered mail, postage prepaid and return receipt requested, or by overnight courier, with shipping charges prepaid, address as follows: To the Town: Town of Vail Pam Brandemeyer Assistant Town Manager 755 Frontage Road Vail, CO 81657 Ph.: (970)479-2100 To the County: Eagle County Director of Transportation for ECO Transit 3289 Cooley Mesa Road P.O. Box 1070 Gypsum, CO 81637 Ph.: 970-328-3520 16. No Third-Party Beneficiaries. Nothing contained in this IGA is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including any agent, sub-consultant or sub-contractor of the Town, the County or Eagle County. Absolutely no third-party beneficiaries are intended by this IGA. Any third-party receiving a benefit from this IGA is an incidental and unintended beneficiary only. 17. Miscellaneous. a. Except as provided herein, no amendment, alteration, modification or addition to this Agreement shall be valid or binding unless in writing and signed by the Parties. b. The caption of each section is added as matter of convenience only and is to be considered of no effect in the construction of any provision contained herein.' c. This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. d. Should either party bring suit to enforce the terms of this Agreement, the Parties shall bear their own respective costs, expenses, and attorneys' fees. Page 4 of 6 219 e. If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be deemed invalid or unenforceable, the remainder of the Agreement shall not be affected thereby. Signature Page Follows// Page 5 of 6 220 IN WITNESS WHEREOF,the Parties hereto have executed this IGA the day and year first above written. TOWN OF VAIL TOWN OF VAIL, STATE OF COLORADO, By and Through Its MAYOR ATTEST: aft.401/MIlb_ _ 4,...,,By: CD)7a-gel, own 1er =,gip 1 Oc`, ndy Daly, May. SEA t Date:J 8/ 00/`1 L • QQ•'••..... RADUEAGLECOUNTYNNN, COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS OF GLF ATTEST: C Roo Y: Clerk to the Board of Ji '.n . Ryan, Chairman County Commissioners Y l lDate: Page 6 of 6 221 222 223 224 1 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into as this _____ day of __________, 202_ (the "Effective Date") by and between the Town of Eagle, a Colorado home rule municipality with an address of P.O. Box 609, Eagle, CO 81631 (the "Town"), and the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (the "County") (each a "Party" and collectively the "Parties"). WHEREAS, the Town utilized a local mechanic for maintenance of the Town's fleet vehicles until their recent retirement, and now wishes to use the Eagle County Fleet Management's services for such maintenance; and WHEREAS, the Parties are authorized to enter into this Agreement by Article XIV, § 18 of the Colorado Constitution and C.R.S. § 29-1-203, which allow governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and sufficient consideration, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to provide for the maintenance of Town police department vehicles by the County. 2. Services. The County, through Eagle County Fleet Management, agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the service or work described in Exhibit A. 3. Term. This Agreement shall commence upon the Effective Date and shall continue through _____________. 4. Termination. This Agreement may be terminated by either Party, with or without cause upon 30 days' prior written notice to the other party. The County shall be entitled to compensation for services performed prior to such termination, and both Parties shall thereafter be relieved of all duties and obligations under this Agreement. 5. Hold Harmless. The Town shall hold the County harmless for any claims from third parties arising out of the County's maintenance of the Town's vehicles. 6. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 225 2 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement and any attached exhibits constitute the entire Agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. i. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF EAGLE, COLORADO ____________________________________ Scott Turnipseed, Mayor ATTEST: __________________________________ Jenny Rakow, Town Clerk 226 3 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX EAGLE COUNTY, COLORADO ____________________________________ ATTEST: __________________________________ County Clerk 227 4 12/15/2021 \\GOACCESSIT.COM\20214\KKARL\USERS\BBUTZIN_KAPLANKIRSC\DESKTOP\_COMBINE TO SEND RTA IGA\ATTACHMENT D-2 - POLICE VEHICLES IGA-A121521.DOCX EXHIBIT A 1. Rate. The Town agrees to pay the County a rate of $110.00 an hour for mechanic's time performing maintenance services. 2. Payment. The County shall bill payment on the first of every month. Payment is due from the Town by the 30th of the same month. 3. Scope of Maintenance Services. The County shall be responsible for routine maintenance of Town police vehicles, including without limitation regular oil changes, proper tire inflation, engine operation, transmission, air conditioning and any other repairs or major components necessary for the safe operation of police vehicles. 228 From:Alison Wadey To:Council Dist List Subject:Please Vote Yes to Put RTA on the Ballot Date:Tuesday, September 6, 2022 5:50:39 PM Hello Town Council, Nothing like last minute but wanted to send a quick note regarding your decision tonight and putting the RTA on the Vail ballot. Please do just that. Vote yes, vote to help our workers, vote to help retain our workers who are having to move farther and farther away from their place of work. Many on this Town Council say that we need to look downvalley for projects to house our workers. Okay, how do they get to work then? We don't want them to have cars as part of our sustainability efforts, and hey, we don't really have any place for them to park anyway. So how will we ever retain workers if we don't start investing and creating infrastructure to our valley wide transportation system. It seems like a no brainer to me and the rest of the business community. Let's get a win that is pro-business so our community knows that its Town Council really does care about them and their future in Vail and Eagle County. Sincerest regards, Alison Alison C. Wadey Executive Director Vail Chamber & Business Association 241 South Frontage Road Suite 2 Vail, CO 81657 Office: (970) 477-0075 Mobile: (970) 376-1661 www.vailchamber.org Community-Inspired Guest Experience 229 AGENDA ITEM NO. 6.2 Item Cover Page DATE:September 6, 2022 TIME:20 min. SUBMITTED BY:Mark Novak, Fire Department ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Fire Free Five Community Assistance Program SUGGESTED ACTION:Listen to update and provide feedback. PRESENTER(S):Paul Cada, Wildland Program Manager STAFF RECOMMENDATION:Make recommendation on future funding. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town_Council_FFF_Update_090622.pdf TC FFF Update 090622.pdf 230 To: Vail Town Council From: Paul Cada, Wildland Program Manager Date: September 6th, 2022 Subject: Update on Voluntary Fire Free Five Implementation I. Background In the spring of 2022 Vail Fire and Emergency Services made several presentations to council regarding the implementation of defensible space throughout the community. While defensible space across the entire property is important new research released in 2022 highlights the critical need to have high quality defensible space within the first five feet of the building (Fire Free Five). While council chose to table proposed code amendments, staff was directed to implement voluntary programs throughout the community to improve defensible space especially within the fire free five. Council authorized $150,000 in funding for the Fire Free Five Community Assistance Program as well as $150,000 in funding to implement fire free five around all town owned buildings. II. Current Situation Vail Fire and Emergency Services has been very actively engaged in fire free five implementation in 2022. The department is taking a multi-pronged approach to voluntary compliance with best practices. Through a combination of community outreach, financial assistance and additional programs positive progress is being seen throughout the community. As with all programs community outreach has been the center of all the department is doing. Wildland Division staff has met with more than 100 property owners this year to discuss fire free five. A specific page was developed on the department webpage and the information was also presented during the community meeting and picnics. Following the approval of funding the department launched the Fire Free Five Community Assistance Program (FFFCAP) on May 22nd. This program has provided financial assistance to 51 participates so far in 2022. All available funding was committed on August 18th and the department has been receiving additional requests for funding from the community. Of the 51 participants there where 21 single family properties, 13 duplexes, 15 multifamily and 0 commercial properties. Participants have been using the funding for tree pruning, replacement of combustible mulch, and removal of shrubs and some trees. 231 Town of Vail Page 2 The department has also been boosting efforts through the free curbside chipping program and new Community Work Days. Curbside chipping is a service that the department has been providing since 2007 and is popular throughout the community. Requests this year have far exceeded annual averages with over 235 tons of materials chipped so far in 2022. It is projected that we will double the material chipped in 2021 by the end of the season. Most community members use the service to dispose of limbs and small materials from their property. Some residents use the service to offset costs when hiring trees services to perform mitigation work. 2022 was the launch of the Community Work Days program. This program provides up to 30 minutes of free labor to community members to assist with fire mitigation around the property. The department dedicated 4 days to this program and assisted 29 property owners with fuels reduction work. Wildland Division Staff worked alongside community members to prune trees, remove flammable debris, knock down tall grass and other small jobs. This unique program was greatly appreciated by community members and was featured in a news story by 9 News. The department has also been working with Public Works staff to implement fire free five around all town buildings. To date every building has been evaluated and a plan for implementation developed. Public works has released requests for proposals for tree work and landscape modification with the intention of completion that work in the fall of 2022. Some landscape redesign will occur over the winter and new compliant landscaping will be installed in the spring/ summer of 2022. Vail Fire and Emergency Services is seeing positive movement towards implementation of fire free five in the community. Cost share programs and free community services are reaching our engaged community and are helping to drive action. Some portions of the community, especially commercial properties, have not participated in the available programs and in general are slow to adopt change. Through these voluntary efforts we have also identified some areas where mixed messages may be perceived by the community. Legacy landscaping practices and the lack of regulation on installing landscaping is counter to the effort it can take to remove landscaping. Vail Fire and Emergency Services and Community Development are actively working on direction to reduce these perceived conflicts. Vail Fire is proud of positive work being accomplished in the community. The voluntary programs are making a positive difference. These programs so far have been utilized by the engaged community members. While good progress is being made it is also recognized that some community members are either apathetic or resistant to the changes. Reducing the community risk to wildfire will require action by all property members. Vail Fire and Emergency Services looks forward to continued engagement with Council, other town department and most importantly the community on Fire Free Five. III. Questions for Council 232 Town of Vail Page 3 1. Does council desire to supplement the FFCAP with additional funds so that more residents may participate in the program? If so, staff recommends additional funding of $50,000. 2. Does council desire to continue the FFCAP in 2023? 233 Fire Free Five- Community wide solutions for community wide risks Paul Cada-Wildland Program Manager 234 Fire Free Five-Comprehensive Programs Town of Vail | www.vailgov.com/fire | •Community Outreach •Fire Free Five Community Assistance Program •Community Work Days •Curbside Chipping •Town Property Implementation 235 Fire Free Five Community Assistance Program (FFFCAP) Town of Vail | www.vailgov.com/fire | •Program was officially launched May 22nd •$150,000 in available funding allocated by August 18th •Currently have 4 unfunded applications as well as additional interest from the community •51 participants •21 Single Family •13 Duplex •15 Multifamily •0 Commercial •Participants are using funding to remove shrubs, replace wood chips with rock, tree pruning and some tree removal •Overwhelmingly positive response from the community 236 Community Work Days Town of Vail | www.vailgov.com/fire | •Four days in July and August •Each property received up to 30 minutes of assistance •Tree pruning •Shrub removal •Debris removal •29 properties assisted •More than 20 tons of material was removed and chipped as a result of the program 237 Curbside Chipping Town of Vail | www.vailgov.com/fire | •Curbside chipping is designed to assist community members safety and effectively dispose of slash •Chipping occurs Mondays and Fridays •Majority of material chipped is limbs and small material cut by property owners •Some community members are utilizing program to offset removal costs when hiring tree services to perform mitigation work •Chipping costs this season are being offset by $10k contribution from Eagle County 65.9 52.9 115.8 89.3 128.8 162.2 235.1 0.0 50.0 100.0 150.0 200.0 250.0 2016 2017 2018 2019 2020 2021 2022Tons of chipsCurbside Chipping Annual Production 238 Town of Vail Building Progress Town of Vail | www.vailgov.com/fire | •In June, every town owned building was evaluated and prioritized for treatment •Landscape plans were developed for first priority buildings including the municipal complex, library, fire stations, Donovan Pavilion, and parking structures •Phase 1 of implementation will be removal of landscaping within the Fir Free Five-anticipated completion fall 2022 •RFPs are out for both arbor care work and landscape removal •Phase 2 of implementation will be landscape redevelopment using compliant landscaping materials-anticipated completion spring/ summer 2023 239 Fire Free Five-Things to Consider Town of Vail | www.vailgov.com/fire | •Fire Free Five does have an aesthetic change on a property compared to legacy landscaping practices. Through appropriate design and landscape maintenance it is possible to have attractive landscaping while reducing wildfire risk. •Some tree removal is a necessary part of creating fire free five. While pruning trees from the ground and away from buildings are an option this may create unhealthy/ unstable trees. Many properties in the community are over-landscaped with trees. •Thought should be given in consideration of which and how many trees should be retained as well as whether it is possible and/or desirable to start new trees in better planting spaces. •Some town code and development direction may send mixed messages to the community regarding landscaping. Duplex lots in particular, present the largest challenge to consistent implementation of Fire Free Five. •Voluntary efforts towards implementation are going well. Many full time and engaged part time community members are taking steps to reduce wildfire risk. Engagement has been very low with commercial properties. 240 Questions for Council Town of Vail | www.vailgov.com/fire | 1.Does council desire to supplement the FFCAP with additional funds so that more residents may participate in the program? If so, staff recommends additional funding of $50,000. 2.Does council desire to continue the FFCAP in 2023? 241 AGENDA ITEM NO. 6.3 Item Cover Page DATE:September 6, 2022 TIME:20 min. SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 17, Series of 2022, First Reading, An Ordinance Repealing Title 3, Chapter 6:'Commission on Special Events', Vail Town Code SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 17, Series of 2022 on First Reading. PRESENTER(S):Mia Vlaar, Economic Development Director and Jeremy Gross, Special Event Cooridinator VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CSE Ordinance Repeal 09-06-2022.pdf Council Memo - Repeal CSE Section of Town Code - 09-06-2022.pdf 242 PRESENTATION BY MIA VLAAR, ECONOMIC DEVELOPMENT DIRECTOR AND JEREMY GROSS, SPECIAL EVENTS COORDINATOR ORDINANCE TO REPEAL TOWN CODE TITLE 3, CHAPTER 6, COMMISSION ON SPECIAL EVENTS 243 SPECIAL EVENT FUNDING MODEL UPDATE Town of Vail | Name of Presentation | vailgov.com In 2004, the Town of Vail established by ordinance the Commission on Special Events (CSE). The CSE has effectively reviewed proposals and made funding recommendations for special events over the last 18 years, contributing to a robust and diverse calendar of events to support the tourism and economic development goals of the town. During this time, as the town’s staffing, finance, and operations have evolved, the roles and functions of the CSE have also evolved, necessitating an update to the town code. BACKGROUND 244 SPECIAL EVENT FUNDING MODEL UPDATE Town of Vail | Name of Presentation | vailgov.com Title 3, Chapter 6, Subsection 7, Functions of the CSE outlines the responsibilities, which are misaligned with the actual responsibilities. “The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a Director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. 245 SPECIAL EVENT FUNDING MODEL UPDATE Town of Vail | Name of Presentation | vailgov.com •Staff is recommending that the Town Council repeal the Town Code Title 3, chapter 6, Commission on Special Events. The Commission on Special events would continue forward as the Committee on Special Events, as an non codified advisory council structured similar to the Vail Local Marketing District Advisory Council and Vail Economic Advisory Council. •Five current members of Commission on Special Events would be invited to continue as the Committee on Special Events Recommendation 246 Thank you 247 To: Mayor and Town Council From: Economic Development Department Date: 9/6/2022 Subject: Repeal Town Code Section Title 3, Chapter 6, Commission on Special Events I. SUMMARY The purpose of this memorandum is to explain the need to repeal the current section of Town Code regarding the Commission on Special Events. II. BACKGROUND In 2004, the Town of Vail established by ordinance the Commission on Special Events (CSE). The CSE has effectively reviewed proposals and made funding recommendations for special events over the last 18 years, contributing to a robust and diverse calendar of events to support the tourism and economic development goals of the town. During this time, as the town’s staffing, finance, and operations have evolved, the roles and functions of the CSE have also evolved, necessitating an update to the town code. The stated mission of the CSE is to “support the Town Council’s goals and objectives and align its mission with the Town Council’s marketing direction.” While the mission has not changed, the codified functions of the CSE are no longer relevant and have not been in practice for over 7 years. In addition, as outlined in § 3-6-7 FUNCTIONS OF THE CSE (B) below, “Qualifying cultural events” (also known as council funded events) are “exempt from the purview and funding of the CSE”. For over three years, CSE has reviewed pre and post event presentations and released funding for council funded events. § 3-6-7 FUNCTIONS OF THE CSE. (A) The CSE shall support the Town Council’s goals and objectives and align its mission with the Town Council’s marketing direction. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a Director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. (B) Qualifying cultural events shall be exempt from the purview and funding of the CSE. However, coordination and timing of qualifying cultural events shall be considered by the CSE and included in the CSE master calendar. (Ord. 30(2004) § 7) 248 Town of Vail Page 2 The current roles and responsibilities of the CSE are to allocate funding for special events in the Cultural Recreation and Community, and Education and Enrichment categories, review pre and post event presentations for town funded events, and release payment for events based on successful execution of the event. Town code currently includes outdated functions such as hiring staff, submitting annual budgets, and evaluating and executing contracts. Over the last six months the special event funding model and process has been evaluated by CSE, staff and an outside consultant. Changes have been recommended to provide: 1. A streamlined application process for all event producers requesting sponsorship 2. Improved alignment between event sponsorship request and the goals of the town 3. Tangible valuation calculations for special event sponsorships based on industry standards 4. Greater oversight to the CSE of all events, not just those recommended by CSE. This process has been reviewed by the Town Council and the CSE and effectively replaces the current process without the need for a codified commission. III. RECOMMENDATION Staff is recommending that the Town Council repeal the Town Code Title 3, chapter 6, Commission on Special Events. The Commission on Special events would continue forward as the Committee on Special Events, as an advisory council appointed by Town Council, structured similar to the Vail Local Marketing District Advisory Council and Vail Economic Advisory Council. The Current CSE members would continue their roles, with the following responsibilities: • Review bi-annual Special Event Sponsorship Request for Proposal, recommending target need periods, visitor demographics, event types, and other goals of the town. • Score event sponsorship requests and recommend a sponsorship amount. • Review post event recap reports and recommend approval, modification or denial of final funding payment. • A representative of the CSE may be appointed to the Event Funding Committee by Town Council to participate in the quantitative evaluation of sponsorship proposals. Based on the recommended changes to the Special Event Funding Model as presented on August 16, 2022, the CSE would review sponsorship requests for all town events, merging the process of events previously funded by council and the CSE. Town Council would retain final approval of all event sponsorships. IV. ACTION REQUESTED OF COUNCIL Approve, approve with amendments, or deny Ordinance No. 17, Series of 2022 on First Reading. 249 Town of Vail Page 3 Town Code Title 3, Chapter 6, Commission on Special Events § 3-6-1 BOARD ESTABLISHED. The Town Council hereby establishes the Town of Vail Commission on Special Events (“CSE”) composed of seven voting members who shall act in accordance with the Charter, this chapter, the direction of the Town Council, as outlined in this chapter, the ordinances of the Town of Vail, and shall be appointed by and serve at the pleasure of the Town Council as provided in this chapter. (Ord. 30(2004) § 1) § 3-6-2 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. QUALIFYING CULTURAL EVENT. A function whose primary purpose is cultural in nature rather than economic. These events are typically, but not necessarily, held in a performing arts venue such as Ford Amphitheater or Dobson Arena. The Town Council shall establish by resolution a nonexclusive list of qualifying cultural events. SPECIAL EVENT. A function whose primary purpose is to promote an exciting, lively, fun and/or prosperous business climate within the Town of Vail. (Ord. 30(2004) § 2) § 3-6-3 MEMBERS; APPOINTMENTS; TERMS. The CSE shall consist of seven voting members appointed, at large, by the Town Council. All seven voting members shall be residents of the Town of Vail, own real property within the Town of Vail, own a business in the Town of Vail or be employed within the Town of Vail. (The initial terms of two members of the CSE shall be for one year, and the initial term of three members shall be for two years, to be appointed in 2002.) Beginning in January of 2005, the CSE shall consist of seven members to be appointed at large. Therefore, in December of 2004, the Town Council shall appoint six new members to the CSE. The term of three new members shall be for one year and the term for the other three new members shall be for two years. Thereafter, the Town Council shall annually appoint CSE members to two-year terms every January. (Ord. 30(2004) § 3) § 3-6-4 REMOVAL FROM OFFICE. Members of the CSE shall serve at the will of the Town Council and shall be subject to removal by the Town Council for inefficiency, neglect of duty, failure to attend meetings (70% mandatory attendance at scheduled meetings), malfeasance in office or any other reasons the Town Council deems proper. (Ord. 30(2004) § 4) § 3-6-5 VACANCY. Vacancies on the CSE shall occur whenever a member of the CSE reaches the end of his or her term, is removed by the Town Council, dies, becomes incapacitated and unable to perform his or her duties for a period of 60 days, resigns, ceases to meet the qualifications for CSE members or is convicted of a felony. Vacancies shall be filled by a majority vote of the Town Council. (Ord. 30(2004) § 5) § 3-6-6 OFFICERS; MEETINGS; RULES. The CSE shall elect its Chairperson from among its appointed members. The term of the Chairperson shall be for one two-year term, with eligibility for reelection for three additional two- year terms. The CSE shall meet as it determines to be necessary, and its meetings shall be in accordance with Robert’s Rules of Procedure unless it adopts other rules for the transaction of business. Four or more members must vote for any action for it to pass. The CSE shall keep a record of its resolutions, transactions, findings and determinations. The CSE will provide 250 Town of Vail Page 4 quarterly informational reports to the Town Council, in addition to a full annual financial report at budget time. An annual evaluation of events shall be included. (Ord. 30(2004) § 6) § 3-6-7 FUNCTIONS OF THE CSE. (A) The CSE shall support the Town Council’s goals and objectives and align its mission with the Town Council’s marketing direction. The functions and/or duties of CSE shall include, but are not limited to: hiring and overseeing a Director and/or staff, as well as event producers and/or promoters; creating, funding and seeking special events for the Town of Vail; evaluating event applications and event success; submitting an annual budget for operations and events; coordinating the community calendar for special events; seeking out additional funding for special events through sponsorships and donations; evaluating and executing contracts for special events; and all other functions as directed by the Town Council. (B) Qualifying cultural events shall be exempt from the purview and funding of the CSE. However, coordination and timing of qualifying cultural events shall be considered by the CSE and included in the CSE master calendar. (Ord. 30(2004) § 7) § 3-6-8 APPEAL TO TOWN COUNCIL. (A) An appeal to the Town Council may be made by an adjacent affected property owner or by the Town Council itself by a majority vote. (B) Any appeal must be filed in writing within ten days following the decision of the CSE, or must be called up by the Town Council within 60 days of the decision. (C) The Town Council shall hear the appeal within 30 days of its being filed or called up with a possible 30-day extension if the Town Council finds that there is insufficient information. (Ord. 30(2004) § 8; Ord. 1(2017) § 1) 251 Town of Vail Page 5 ORDINANCE NO. 17 SERIES 2022 AN ORDINANCE REPEALING TITLE 3, CHAPTER 6: ‘COMMISSION ON SPECIAL EVENTS’, VAIL TOWN CODE WHEREAS, in 2004 the Town Council established the Commission on Special Events (the “CSE”); and WHEREAS, the Town Council now wishes to abolish the CSE and repeal, in its entirety, the chapter of the Vail Town Code which provides the regulatory framework for the CSE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3, Chapter 6: Commission on Special Events, is hereby repealed in its entirety. 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 shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 252 Town of Vail Page 6 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of September, 2022 and a public hearing for second reading of this Ordinance set for the 20th day of September, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of September, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 253