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HomeMy WebLinkAbout2023-03-21 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 2.Any action as a result of Executive Session 3.Appointments for Boards and Commissions 3.1 Design Review Board (DRB) Appointments 5 min. Motion to appoint two members to service on the DRB for a two year term ending March 31, 2025. Presenter(s): Kim Langmaid, Mayor 3.2 Planning and Environmental Commission (PEC) Appointments 5 min. Motion to appoint three members to service on the PEC for a two year term ending March 31, 2025. Presenter(s): Kim Langmaid, Mayor 4.Consent Agenda (5 min.) 4.1 February 7, 2023 TC Meeting Minutes 4.2 February 21, 2023 TC Meeting Minutes 4.3 Resolution No. 12, Series of 2023, a Resolution Approving an Intergovernmental Agreement between the Town of Vail, Colorado and the Colorado Department of Transportation Regarding Sediment Control Disposal Area on the North Side of Interstate 70 at approximately M.P. 178-179; and Setting forth Details in Regard Thereto Approve, approve with amendments, or deny Resolution No. VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually via Zoom Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_ktXiZgidSZaJZoPfMzcXYg 6:00 PM, March 21, 2023 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. 020723 TC Meeting Minutes.pdf 022123 TC Meeting Minutes.pdf 1 12, Series of 2023. Background: The Town and the Colorado Department of Transportation (“CDOT”) wish to enter into an Intergovernmental Agreement (“IGA”) for the construction of a Sand/Dirt Storage Facility on Interstate 70 Right of Way, in the Town Tracts for the purpose of Sand/Dirt storage and to provide aesthetic and noise mitigation to the surrounding neighbors. 4.4 Contract Approval for 2023 Special Event Sponsorships over $50,000. Authorize the Town Manager to enter into agreements with the following event producers in the respective amounts, on a form approved by the town attorney. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days ($80,000). Background: The following events have been allocated over $50,000 and need council approval to execute these agreements. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days ($80,000). 4.5 Contract Award to Walking Mountains Science Center for Vail Nature Center Operations Authorize the Town Manager to enter into a contract, approved by the Town Attorney, to enter into a Professional Services Agreement with Walking Mountains Science Center in an amount not to exceed $109,373 to operate the Vail Nature Center. Background: The Town of Vail partners with Walking Mountains Science Center through an annual Professional Services Agreement to operate the Vail Nature Center, providing environmental education programs, curricula and experiences to locals and guests alike, from "Pre-K to Gray". WMSC also operates the Vail Hiking Center and helps to maintain the grounds, trails, native plant species, signage, and other duties as they arise. 4.6 Letter of Support for Language Access Federal Fund Portal Approve Letter of Support for Language Access Federal Fund Portal. Background: CMC is finalizing a proposal request for Congressionally Directed Spending (CDS) from the Fund for RESOLUTION_NO_12.docx Draft IGA OLA Vail Sand Berm 331002957 Feb 6 23.pdf Council_Memo_-_03-21- 2023_Consent_Agenda_for_Event_Sponsorship_Agreements.pdf Agreement for Professional Services - Vail Nature Center 2023.pdf 2 Improvement of Postsecondary Education (FIPSE) toward increasing language access in rural Colorado mountain communities. The funds would support a new Translation & Interpretation program at CMC in alignment with industry certifications, to develop a workforce of community, medical and legal interpreters and bilingual skilled professionals in our local communities. This proposal also includes a regional assessment of English language acquisition resources in our communities, to better coordinate our resources and build learner bridges to career advancement. 5.Town Manager Report (10 min.) 5.1 Council Status Update 6.Action Items 6.1 Resolution No. 4, Series of 2023, A Resolution Establishing a Process for the Naming or Commemoration of Town-Owned Properties, including Parks, Plazas. Streets, Buildings and Interior Spaces 10 min. Approve, approve with amendments, or deny Resolution No. 4, Series of 2023. Presenter(s): Kathleen Halloran, Deputy Town Manager and Lori Barnes, Director of Library Services Background: Since the incorporation of the Town of Vail in 1966, various parks, buildings, plazas, streets, and other landmarks have been named to memorialize the contributions of Vail’s dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine setting and European roots. In anticipation of future opportunities, the following guidelines have been established to not only reflect practices of the past, but to provide a formal structure for future decisions. 6.2 Ordinance No. 6, Series of 2023, First Reading, Budget Supplemental No. 1, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Timber Ridge Fund and Residences at Main Vail Fund of the 2023 Budget for the Town of Vail, Colorado and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto 30 min. Approve, approve with amendments, or deny Ordinance No. 6, Series 2023. Presenter(s): Carlie Smith, Finance Director and Alex Jakubiec, Budget Analyst & STR Manager Background: Please see attached memorandum. LOS Hick Language Access.docx 230321 Matters.docx 230321 Naming Memo.docx Naming resolution #4.docx Naming ExhibitA.docx 3 7.Public Hearings 7.1 Ordinance No. 5, Series of 2023, Second Reading, An Ordinance Adding a New Chapter 15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and Private Security Employers 10 min. Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon second reading. Presenter(s): Commander Justin Liffick, Vail Police Department Background: The State of Colorado does not have a regulatory agency that provides oversight of security companies, security guards, or training requirements for security staff. Large metropolitan areas have created their own regulations to govern security companies and security guards with a good deal of success. Until recently, there has not been any need for these regulations in Vail. The increased presence of armed security personnel in Vail along with several incidents have caused concern for unregulated security. The Vail Police Department is requesting an ordinance for oversight and regulation of security companies that work in Vail. 8.Adjournment 7:25pm (estimate) 230321_YE__1st_Supp.pdf Ordinance 6, Series of 2023.pdf supp_1_ppt2023.pdf Memo.docx Security Guards-O021523 jmm 3-16.docx Public Input Ordinance 5.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. 4 AGENDA ITEM NO. 3.1 Item Cover Page DATE:March 21, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Appointments for Boards and Commissions SUBJECT:Design Review Board (DRB) Appointments SUGGESTED ACTION:Motion to appoint two members to service on the DRB for a two year term ending March 31, 2025. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 5 AGENDA ITEM NO. 3.2 Item Cover Page DATE:March 21, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Appointments for Boards and Commissions SUBJECT:Planning and Environmental Commission (PEC) Appointments SUGGESTED ACTION:Motion to appoint three members to service on the PEC for a two year term ending March 31, 2025. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 6 AGENDA ITEM NO. 4.1 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:February 7, 2023 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 020723 TC Meeting Minutes.pdf 7 Town Council Meeting Minutes of February 7, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, February 7, 2023 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 Kevin Foley Pete Seibert Barry Davis Jonathan Staufer Members absent: Jen Mason Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manger Stephanie Bibbens, Town Clerk Staff members present virtually: Matt Mire, Town Attorney 1. Citizen Participation Susan Cunningham, a Vail resident, expressed her frustration with the pass readers at the Vail Village Parking Structure and explained the readers needed an increase in sensitivity to read tickets. Aimee Jamison, a Vail resident, addressed concerns she had regarding the proposed plans and cost to the Gore Creek Promenade redevelopment concept. Douglas Smith, a Vail resident, expressed his gratitude to the Public Works team, specifically Cliff Callahan, for their snow removal expertise. Trammell Crow, an environmentalist with ties to Vail, introduced the launch of EarthxTV and invited the Town Council to attend an Earth Day conference in Dallas in April of this year. Marcie Laidman, principal at Red Sandstone Elementary School, asked for help mitigating the drop off and pick line of cars on the North Frontage Road and explained currently the school didn’t have a bus service to the school. Stephen Connelly, a Vail resident, expressed his concerns regarding the “3 minute” rule during Citizen Participation and Public Input during the Town Council meetings. 2. Any action as a result of executive session 8 Town Council Meeting Minutes of February 7, 2023 Page 2 There was none. 3. Proclamation 3.1 Proclamation No. 1, Series 2023, The 50th Anniversary of the National Brotherhood of Skiers in Vail Approve Proclamation No. 1, Series 2023. Presenter(s): Kim Langmaid, Mayor Background: The National Brotherhood of Skiers (NBS) Summit began as a historic gathering in 1973 when 13 black ski clubs across the country gathered in Aspen for what was then called "A Happening." The member clubs unite every year to build connections and break boundaries in the world of winter sports. The NBS is a Snow Sports Council that has grown to over 50 member clubs and nearly 5,000 members that strive to identify, develop, and support athletes of color who will win Olympic and international winter sports competitions and introduces snowsports to youth and adults with grass roots programs to increase participation, diversity, and inclusion in snowsports. Proclamation No. 1, Series of 2023 was read into the record. 3.2 Proclamation No. 2, Series of 2023 Trailblazer Award Winner for 2023 Read Proclamation No. 2, Series of 2023 into the record. Presenter(s): Kim Langmaid, Mayor Background: The Vail Trailblazer Award Program is a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplifies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact to the community. Proclamation No. 2, Series of 2023 was read into the record acknowledging Marka Moser as the 2023 Trailblazer Award recipient. 4. Consent Agenda 4.1 Resolution No. 5, Series of 2023 IGA with Eagle County Concerning Wildland Fire Mitigation Approve, approve with amendments, or deny Resolution No. 5, Series of 2023 Background: In 2022 Eagle County and the Town of Vail entered into an IGA which provided funding to Vail Fire and Emergency Service to implement fuels treatment projects in the unincorporated potion of Intermountain and expand the communities curbside chipping program. In recognition of the tireless community wide work the Town of Vail has implemented, 9 Town Council Meeting Minutes of February 7, 2023 Page 3 Eagle County would like to partner with the Town of Vail to continue this critical work within the community. Eagle County will provide up to $55,000 to the Town for the continued support of the curbside chipping program and implementation of additional fuels treatment projects on federal and non-federal land within the CWPP planning area. Coggin made a motion to approve, Staufer seconded motion passed (6-0). 4.2 Contract Award to Colorado Natural Heritage Program (CNHP) for the 2023-2024 Biodiversity Study. Authorize the Town Manager to enter into a contract, approved by the Town Attorney, with Colorado Natural Heritage Program (CNHP), for a 2023-2024 biodiversity study, not to exceed $150,000.00. Background: The Town of Vail wishes to build upon the work conducted in 1992 in which the Town of Vail enlisted the Colorado Natural Heritage Program to conduct a Natural Heritage Inventory of potential conservation sites within the Town of Vail and immediate vicinity. Staufer made a motion to approve, Coggin seconded motion passed (6-0). 4.3 Contract Award to GMV for Bus Stop Signage Upgrade Authorize the Town Manager to enter into an agreement in a form approved by the Town Attorney with GMV for an amount not to exceed $150,245 for the purchase and installation of 15 LED bus stop signs. Background: In the fall of 2021, staff worked with GMV to upgrade its transit technology system (RideVail). During this process a new monitoring/control software platform was implemented, new hardware was installed on all buses and new LED signs were installed at three stops (Lionshead Village – Eastbound, Covered Bridge – Eastbound, and Covered Bridge – Westbound) to pilot new larger format LED signage. The remaining existing LED signs were integrated with the new software system but no hardware improvements were made at the time. Coggin made a motion to approve, Davis seconded motion passed (6-0). 4.4 Contract Award to Front Range Fire Apparatus/Boise Mobile Equipment for Purchase of a Type 3 Wildland Urban Interface Fire Engine Direct the Town Manager to enter into an agreement in a form approved by the Town Attorney with Front Range Fire Apparatus/Boise Mobile Equipment to purchase a Type 3 fire apparatus. Background: The purchase of a Type 3 Wildland Urban Interface fire engine was approved in the 2023 Capital Projects budget. This agenda item is to award a contract for this purchase. Coggin made a motion to approve, Davis seconded motion passed (6-0). 5. Town Manager Report 5.1 Council Matters and Status Report 10 Town Council Meeting Minutes of February 7, 2023 Page 4 5.2 Tuesday, July 4th, 2023 Town Council Meeting moved to Wednesday, July 5, 2023 due to the holiday. Forrest asked if Council would be interested in collaborating with other municipalities in the county to celebrate Mikaela Shiffrin at the end of the season. Halloran explained a Town Council meeting will land on the July 4th holiday this year, and per the town charter, Council could choose to push the meeting a day to July 5th without a resolution, but if they wanted to change the day, staff would come back with a resolution at a later date. Coggin proposed to cancel the first meeting in July. Council members supported cancelling the first meeting in July. Mire explained the Town Code requires two meetings a month but could be changed before July. 6. Public Hearings 6.1 Ordinance No. 1, Series of 2023, Second Reading, an Ordinance Amending Chapter 14 of Title 4 of the Vail Town Code to Expand Acceptable Insurance Types for the Licensing of Short-Term Rental Properties Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager Approve, deny, or approve with amendments, the second reading of Ordinance No. 1, series of 2023. Background: Since the approval of the most recent short-term rental ordinance, significant increases in coverage have been made to insurance policies offered by online marketplaces such as Airbnb and VRBO. Ordinance No. 1, Series 2023 expands the acceptable types of required short-term rental insurance to include these polices when they meet the other minimum standards. Jakubiec explained there were no changes made to the proposed ordinance since first reading. Public comment was called. Stephen Connelly, a Vail Resident, thanked Jakubiec for his work on the amended insurance for the Short-Term Rental requirement and stated he thought there was still some work to be done, but was pleased to see staff seemed to be willing to make appropriate changes. Foley made a motion to approve, Coggin seconded motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (6-0), meeting adjourned at 6:42pm. 11 Town Council Meeting Minutes of February 7, 2023 Page 5 Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 12 AGENDA ITEM NO. 4.2 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:February 21, 2023 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 022123 TC Meeting Minutes.pdf 13 Town Council Meeting Minutes of February 21, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, February 21, 2023 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 Kevin Foley Jen Mason Pete Seibert Barry Davis Jonathan Staufer Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Robert Truscheit, a Vail resident, expressed his concern regarding the current Town Code that addressed animal control, stating Eagle County District Court handed down a decision on January 10, 2023, that contravened two of the current Town of Vail codes under Title 6, Chapter 4, section 1 (intent) and 6 (failure to control animal) and asked that the code be updated to resolve the contradictions. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1 January 3, 2023 TC Meeting Minutes Foley made a motion to approve, Davis seconded motion passed (7-0). 3.2 January 17, 2023 TC Meeting Minutes Davis made a motion to approve, Staufer seconded motion passed (7-0). 14 Town Council Meeting Minutes of February 21, 2023 Page 2 3.3 Resolution No. 6, Series of 2023, A Resolution Approving a State of Colorado Subaward Agreement between the Town of Vail and the Colorado Department of Transportation Approve, approve with amendments, or deny Resolution No. 6, Series of 2023 Background: The Town of Vail and the Colorado Department of Transportation wish to enter into an agreement with the purpose of providing capital, planning and operating assistance to support public transportation. Coggin made a motion to approve; Foley seconded motion passed (7-0). Foley asked for clarification regarding the Subaward with CDOT. Greg Hall, Director of Public Works and Transportation, explained the subaward was operating money that the Federal Government provided and for many years the Town didn’t take advantage of the opportunity, but had been for the past three years. 3.4 Resolution No. 7, Series of 2023, A Resolution Approving the Purchase of Residential Property Approve Resolution No. 7, Series of 2023 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Buffer Creek Condominium, Unit A6, 1860 Meadow Ridge Road, Vail, CO 81657 in the amount of, and not to exceed, $517,500, plus closing costs Background: The ability 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. Availability of adequate housing remains a primary barrier to acceptance of employment offers for the Town of Vail Foley made a motion to approve, Staufer seconded motion passed (7-0). 3.5 Resolution No. 8, Series of 2023, A Resolution of the Vail Town Council Approving a Street Cut Permit Pursuant to Section 8-1-21 Vail Town Code Approve, approve with amendments, or deny Resolution No. 8, Series of 2023. Background: The Town Council wishes to approve a street cut permit to allow for certain work to be performed relating to the property known as West Middle Creek, with a physical address of 305 North Frontage Road West, Vail, Colorado. Davis made a motion to approve; Coggin seconded motion passed (7-0). 15 Town Council Meeting Minutes of February 21, 2023 Page 3 Foley explained the permit would allow the Town to get started on the West Middle Creek project to possibly obtain more employee housing in town. 3.6 Contract Award to A-1 Chipseal for the 2023 Vail Slurry Seal Project Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal to complete the 2023 Vail Slurry Seal Project in the amount not to exceed $194,842.00. Background: The 2023 Slurry Seal Project is budgeted with the Capital Street Maintenance budget and is within the engineer’s estimate. Roads included in this year’s asphalt preventive maintenance project are Westhaven Dr, Westhaven Cir, Greenhill Ct, Bald Mountain Rd, Manns Ranch Rd, Booth Falls Rd, Booth Falls Ct, Katsos Ranch Rd, Aspen Ln, Aspen Ct and Booth Creek Dr. Coggin made a motion to approve, Mason seconded motion passed (7-0). 3.7 Contract Award to CMT Technical Services for the Geotechnical Work at West Middle Creek Direct the Town Manager to enter into a contract, as approved by the Town Attorney, with CMT Technical Services in an amount not to exceed $228,500. Background: The Town of Vail has initiated due diligence for future residential development on Lots 4& 5 of the Middle Creek Subdivision ("West Middle Creek Parcel"). To facilitate and inform the due diligence and design processes and to determine risks and associated costs related to any residential development, geotechnical investigations are required. Davis made a motion to approve, Staufer seconded motion passe (7-0). 3.8 Contract Award to Drop Bike, DBA Drop Mobility for the Shift Bike Regional Electric Bike Share Program Direct the Town Manager to enter into an agreement in a form approved by the town attorney with Drop Bike, DBA Drop Mobility in amount not to exceed $224,000 for the execution of the expanded Shift Bike Regional Electric Bike Share Program in 2023. Background: Following the successful 2022 Shift Bike Regional Electric Bike Share Program, Vail Town Council allocated $225,000 in the 2023 budget for staff to launch an expanded regional electric bike share program in collaboration with Town of Avon, EagleVail Metro District, Edwards Metro District, and Eagle County Government with Drop Mobility as the vendor and operator of the system. Mason made a motion to approve, Davis seconded motion passed (7-0). 3.9 Contract Award to Populous for the Dobson Ice Arena Conceptual Design 16 Town Council Meeting Minutes of February 21, 2023 Page 4 Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Populous Architects to perform conceptual design and cost estimating for the Dobson Ice Arena Renovation Project in the amount of, and not to exceed, $344,600. Background: The Town Council and VRD Board met in July 2022 in a joint work session and instructed the Town staff to begin the renovation process of the arena. On November 18, 2022, the Town issued a Request for Qualifications for design services for the arena. The town received 8 proposals from qualified design teams. A team of interdepartmental town staff and VRD staff narrowed the eight responding teams down to a shortlist of four teams. Populous was chosen as the architect and engineering team to work on the Dobson project. Coggin made a motion to approve, Foley seconded motion passed (7-0). Forrest added the first scope of work was projected to be completed in the next 5 to 6 weeks and at that time, staff would come back before Council and the VRD Board with options to move forward with the project. Next steps would include approving a design for the new Dobson Ice Arena. 3.10 Contract Award to RoadSafe Traffic Systems Inc. for the 2023 Roadway Striping Maintenance Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with RoadSafe Traffic Systems Inc. for an amount not to exceed $57,281.40 for the maintenance work for roadway striping for all Town roads. Background: The Town of Vail publicly bids roadway striping maintenance work each year. This year the Town received two bids. Coggin made a motion to approve, Foley seconded motion passed (7-0). 4. Town Manager Report 4.1 Council Matters and Status Report 4.2 Strategic Planning Session Update Forrest requested support to issue an RFP for an owners representative to help with the pre-construction and construction for various projects the Town has undertook, specifically, Dobson Ice Arena, and housing projects. 5. Presentation/Discussions 5.1 Vail Pedestrian Village Safety Project Update Presenter(s): Tom Kassmel, Town Engineer Listen to presentation and confirm project direction. Background: The Town of Vail has contracted with Kimley Horn to complete the design of the Vail Pedestrian Village Safety Project which includes the selection of and the design of 17 Town Council Meeting Minutes of February 21, 2023 Page 5 approximately 70 bollards and or equivalent safety measures and barricades at various locations within the Vail Village, the Lionshead Village, and Ford Park. The purpose of this discussion is to confirm the project goals, review the initial concept, and identify initial concerns. Kassmel stated the main goal of the project was to provide a safe and inviting pedestrian experience within the Town’s high pedestrian areas by installing a flexible vehicular access control program that would create a safer pedestrian environment and was flexible enough to generate more secure pedestrian areas that restrict vehicular access completely during special events, which would help mitigate the potential threat of intentional and/or errant vehicle/pedestrian conflicts resulting in injury or death, all while maintaining full access for emergency vehicles and responders. Kassmel identified challenges with the project which included how authorized vehicles that were already permitted within the town, (buses, loading and deliver vehicles, maintenance vehicles, private property owners, enforcement) would continue their services unencumbered. Kassmel presented two alternative concepts. The first concept, identified as Safe Access Control, focused on controlling the existing access points in the villages, only having access through Check Point Charlie, proximity card access for buses, maintenance workers, and emergency/enforcement, which would cost between $2 million and $3 million dollars. The second concept, identified as Safe and Secure Access Control, focused on added security measures at non-typical access points, and would create a designated secure special event area that would include Solaris, East Meadow Drive, Bridge Street, Gore Creek Drive, Willow Bridge Road, Lionshead, Dobson/Library Plaza, and Ford Park Amphitheater, would have bollards at private property garages, and would cost between $5 million and $7 million dollars. Kassmel explained each plan would require certain operations, which would include secured cloud-based operations, cameras at bollard locations, access to the villages through Checkpoint Charlie, proximity cards, or vehicle proximity and the Town would control the times of day, locations and special events the bollards were used. Keeping in mind the impact the system could have on buses, loading and delivery, emergency vehicles and private property owners. Kassmel also outlined a potential phasing implementation which included phase I of a pilot program at Checkpoint Charlie, phase II addition of perimeter control and phases III and IV would implement additional internal control. Kassmel asked Council about next steps moving forward with project goals, confirm phasing and pilot program and explained next steps for the project would include public out-reach, phase I design and vendor selection and phase I pilot construction. Coggin stated he felt less was more and saw the project more as a traffic deterrent to help guests navigate the pedestrian villages. Staufer asked about the Tailsman’s current access. 18 Town Council Meeting Minutes of February 21, 2023 Page 6 Kassmel stated ideally all traffic would go through Checkpoint Charlie and the bollards would help mitigate backdoor access (which the Tailsman currently utilizes through Solaris and West Meadow Drive) in the village and make guest use a specific route. Council members voiced concerns about vehicles if met with bollards. Kassmel outlined different options on the map he provided. Staufer asked about public input, specifically from Village Center and the Tailsman. Kassmel explained he was looking for direction from Council before public outreach but expected there would be some concerns. Langmaid stated she would like to see minimalistic approach and a small pilot program. Davis asked about the cost of the pilot program, common consumption areas, how real the threat of security issues were in the Town and how would the bollards work in high traffic areas. Kassmel explained the pilot project would cost between $200,000 to $500,000 and common consumption would be more of a legal discussion but there could be an opportunity to bring it back with some of the areas blocked off with bollards. Commander Ryan Kenney of the Vail PD, responded to the security threat by stating there wasn’t any hard data, but across the world there have been catastrophic incidences where someone accidentally or purposefully had driven into crowds at events. The project would help minimize the threat. Blue barricades were currently used but there were complaints about them encroaching on pedestrian walkways and not being ascetically pleasing. Kassmel also explained staff would be looking further into the high traffic areas and explained there was a lot of opportunity to provide alerts either visually or auditable to high traffic areas so the public would not be hurt. Mason stated she hadn’t envisioned this project with terrorism in mind but more for the guests being able to navigate the pedestrian villages more safely. Seibert agreed with Mason and stated it was really about the safe access for guests and suggested having bollard locations at the previous gate access points and was interested to see what came from the public out-reach. Coggin stated he would be comfortable with locations at Checkpoint Charlie and Solaris but wanted more information to see what would work and how it would work before committing to anything. Staufer expressed he thought something needed to be done but didn’t feel the proposed plan was quire right for the Town and thought while going through the process, staff might find a better solution that would be more appropriate for Vail. 19 Town Council Meeting Minutes of February 21, 2023 Page 7 Foley asked about staffing at Checkpoint Charlie and how guests would access the village if there wasn’t someone at Checkpoint. Kassmel explained those concerns would be addressed when formatting a standard operating procedure but gave a few ideas such as a call button to PD for access or a proximity card. Davis asked how long the pilot area would take to construct. Kassmel stated four to six weeks with phasing so cars could still access Checkpoint Charlie and would ideally occur during the spring or fall for less impact on guests. Langmaid stated Council needed more information and data and this wasn’t something Council would free comfortable fast tracking. Forrest confirmed for staff that Council wanted more research and to come back with a more refined number for a pilot project. Public comment was called. Bob Armour, a Vail resident, expressed his concerns regarding safety and potential bollard system failures. Dick Cleveland, a Vail resident, stated the proposed bollard project was too much for Vail Village and suggested the money be invested in alternative projects. 6. Action Items 6.1 Ordinance No. 2, Series of 2023, First Reading, An Ordinance Amending Section 12- 11-4 of the Vail Town Code Concerning Renovations to Jointly Owned Properties Presenter(s): Jamie Leaman-Miller, Planner Approve, approve with amendments, or deny Ordinance No. 2, Series of 2023 upon first reading. Background: Under Colorado law, any covenant, restriction, or condition that "effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable." C.R.S. § 38-30-168(1)(a). While generally requiring written approval for renovations to any jointly-owned property is well within the Town's authority, this process creates a conflict when applied to the installation of solar or other renewable energy generation devices upon a commonly-owned property. Leaman-Miller explained staff was recommending to comply with the State law regarding solar panels and the ordinance presented would remove joint property approval for energy efficiency requests. Leaman-Miller went on to clarify that the applications would still have to go before and be approved by the Design Review Board. 20 Town Council Meeting Minutes of February 21, 2023 Page 8 Public comment was called. There was none. Coggin made a motion to approve; Davis seconded motion passed (7-0). 6.2 Ordinance 3, Series of 2023, First Reading, An Ordinance Amending Title 3 of the Vail Town Code by the Addition of a New Chapter 7, Establishing the Building and Fire Code Appeals Board, and Amending Title 10 of the Vail Town Code by the Addition of a New Section 10-1-13, Establishing Procedures for the Appeals Process. Ordinance No. 1, Series of 2023, First Reading, an Ordinance Amending Chapter 14 of Title 4 of the Vail Town Code to Expand Acceptable Insurance Types for the Licensing of Short-Term Rental Properties. Presenter(s): CJ Jarecki, Chief Building Official Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon first reading. Background: The BFCAB, or some variant of an Appeals Board, has been in existence in the Town for many decades. The codes adopted by the Town, published by the International Code Council, specify that this Board shall be established by the Town. As such, this Board is essential to the successful administration of the adopted codes of the Town. Unfortunately, a search of the current and historical Town Municipal Code and Charter have shown that there is no language provided for the BFCAB or its function. Additionally, language regarding the appeals process was inadvertently deleted from the Vail Town Code during the code adoption that took place in July of 2022. The second part of the ordinance simply puts this language back into the Vail Town Code. Jarecki explained the first part of the ordinance would add the Building and Fire Code Appeals Board in an official capacity to the town code and the second part of the ordinance would add language regarding the appeals process that was inadvertently deleted from the Vail Town Code during the code adoption that took place in July of 2022. Public comment was called. There was none. Coggin made a motion to approve, Davis seconded motion passed (7-0). 6.3 Ordinance No. 4, Series of 2023, First Reading, An Ordinance of the Vail Town Council Amending Section 4-1-6 of the Vail Town Code to Exempt Certain Businesses from Local Business License Requirements Presenter(s): Lauren Noll, Sales Tax Administrator Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023 Background: The purpose of Ordinance No. 4, Series 2023 is to amend business licensing requirement exemptions as defined by Title 4, Chapter 1 of the Vail Town Code to comply with Senate Bill 22-032. 21 Town Council Meeting Minutes of February 21, 2023 Page 9 Noll explained the ordinance was an update to comply with Senate Bill 22-032, which stated the town may not charge a business license fee for a retailer that does not have a physical presence within the Town of Vail. Noll clarified the town already followed this policy, but the ordinance would be adopted to the Town Code. Public comment was called. There was none. Coggin made a motion to approve, Staufer seconded motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded motion passed (7-0), meet adjourned at 7:14p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 22 AGENDA ITEM NO. 4.3 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Chad Salli, Public Works ITEM TYPE:Resolution AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 12, Series of 2023, a Resolution Approving an Intergovernmental Agreement between the Town of Vail, Colorado and the Colorado Department of Transportation Regarding Sediment Control Disposal Area on the North Side of Interstate 70 at approximately M.P. 178-179; and Setting forth Details in Regard Thereto SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 12, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: RESOLUTION_NO_12.docx Draft IGA OLA Vail Sand Berm 331002957 Feb 6 23.pdf 23 RESOLUTION NO. 12 Series of 2023 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING SEDIMENT CONTROL DISPOSAL AREA ON THE NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178- 179; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, the Town and the Colorado Department of Transportation (“CDOT”) wish to enter into an Intergovernmental Agreement (“IGA”) for the construction of a Sand/Dirt Storage Facility on Interstate 70 Right of Way, in the Town Tracts for the purpose of Sand/Dirt storage and to provide aesthetic and noise mitigation to the surrounding neighbors; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Council hereby approves and authorizes the Town Manager to enter into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney, for the construction of the berm on the north side of Interstate 70 at approximate milepost 178-179. Section 2.This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town council of the Town of Vail held this 21st day of May, 2023. Kim Langmaid Town Mayor ATTEST: Stephanie Bibbens Town Clerk 24 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 1 of 7 ($0.00 Maintenance and Operations) Rev 10/03 TOWN OF VAIL, Sand Storage Berm, Phase IV Region: 3 (SMW) CONTRACT THIS AGREEMENT is entered into by and between TOWN OF VAIL (hereinafter called the “Local Agency” or “Contractor”), and the STATE OF COLORADO acting by and through the Department of Transportation (hereinafter called the “State” or “CDOT”). RECITALS 1.Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs. Contract Encumbrance Amount: $0.00. 2.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3.Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4.The parties desire to enter into this Contract to delineate each Parties’ responsibilities for maintenance and construction of the Vail Sand Berm, and surrounding area detailed in Exhibits A and B. 5.The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost. 6.The State and the Contractor have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103, 43-2-104, and 43-2-144 C.R.S., as amended, and in applicable ordinance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of maintenance and construction of the sand/dirt storage area in the Town of Vail as hereinafter set forth. 7.The Contractor has adequate facilities to perform the desired maintenance services on State highways within its jurisdiction. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The work under this contract shall consist of construction of a sand/dirt storage area in the Town of Vail, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1.Special Provisions contained in section 22 of this Contract 2.This Contract 3.Exhibit A (Scope of Work) 4.Exhibit B (Map) 5.Additional Exhibits, as listed in descending order. Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee, or on January 1, 2023, whichever is later. The term of this contract shall be thru January 1st, 2036. Section 4: State & Local Agency Commitments: CDOT and the Local Agency shall be responsible for "highway maintenance and operations" for specific structure and highway segments described herein. Such responsibilities are detailed in Exhibit A. Section 5. Record Keeping The Parties shall each maintain a complete file of all records, documents, communications, and other written materials, which pertain to the maintenance and operations plans under this Contract. The Parties shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State to inspect the project and to inspect, review and audit maintenance and 25 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 2 of 7 operations project records. Section 6. Termination Provisions This contract may be terminated as follows: A.This Contract may be terminated by either party upon written notice thereof sent by registered, prepaid mail and received by the non-terminating party. Notwithstanding the above, this Contract may also be subject to: B.Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. Section 7. Legal Authority Both Parties hereto warrant that they possess the legal authority to enter into this Contract and that they have taken all actions required by their respective procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatories to execute this Contract and to bind their respective entities to its terms. The person(s) executing this Contract on behalf of each Party warrants that such person(s) has full authorization to execute this Contract. Section 8. Representatives and Notice All communications relating to the work shall be exchanged between representatives of the State’s Transportation Region 3 and the Local Agency. Said Region Director will also be responsible for coordinating the State's activities under this Contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 2 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State If to the Local Agency CDOT Region: 3 Town of Vail Karen Berdoulay Chad Salli Project Manager Senior Town Engineer PO Box 298 1309 Elkhorn Drive Eagle, CO 81631 VAIL, CO 81657 970-328-9934 970-479-2124 Section 9. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 10. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 11. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. 26 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 3 of 7 The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 12. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 13. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 14. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Section 15. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 16. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A.Amendment Either party may suggest renegotiation of the terms of this contract, provided that the contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Section 17. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract, which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 18. Does not supersede other agreements 27 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 4 of 7 This contract is not intended to supersede or affect in any way any other agreement (if any) that is currently in effect between the State and the Local Agency for other “maintenance services” on State Highway rights-of-way within the jurisdiction of the Local Agency. Also, the Local Agency shall also continue to perform, at its own expense, all such activities/duties (if any) on such State Highway rights-of-ways that the Local Agency is required by applicable law to perform. Section 19. Subcontractors The Local Agency may subcontract for any part of the performance required under this contract, subject to the Local Agency first obtaining approval from the State for any particular subcontractor. The State understands that the Local Agency may intend to perform some or all of the services required under this contract through a subcontractor. The Local Agency agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State; which shall not be unreasonably withheld. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 20. Statewide Contract Management System If the maximum amount payable to Local Agency under this contract is $100,000 or greater, either on the Effective Date or at any time thereafter, this §Statewide Contract Management System applies. Local Agency agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of Local Agency performance on state contracts and inclusion of contract performance information in a statewide contract management system. Local Agency’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Local Agency’s performance shall be part of the normal contract administration process and Local Agency’s performance will be systematically recorded in the statewide contract Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Local Agency’s obligations under this contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Local Agency’s obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the contract term. Local Agency shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Local Agency demonstrated a gross failure to meet the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Department of Transportation, and showing of good cause, may debar Local Agency and prohibit Local Agency from bidding on future contracts. Local Agency may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Local Agency, by the Executive Director, upon showing of good cause. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 28 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 5 of 7 Section 21. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A. STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D. INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the 29 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 6 of 7 State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 30 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Document Builder Generated Rev. 12/09/2016 Page 7 of 7 Section 22. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT *Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. THE LOCAL AGENCY TOWN OF VAIL Name:_______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date:_________________________________________ STATE OF COLORADO Jared S. Polis Department of Transportation By___________________________________________ Keith Stefanik, P.E. or Designee, Chief Engineer (For) Shoshana M. Lew, Executive Director Date:_________________________________________ 2nd Local Agency Signature if needed Name:_______________________________________ (print name) Title: _______________________________________ (print title) ____________________________________________ *Signature Date:_________________________________________ STATE OF COLORADO LEGAL REVIEW Philip J. Weiser, Attorney General By___________________________________________ Signature – Assistant Attorney General Date:_________________________________________ ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE OF COLORADO STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________________________________ Colorado Department of Transportation Date:______________________________________ 31 OLA #: 331002957 Routing #: 23-HA3-XC-00026 Exhibit A - Page 1 of 1 EXHIBIT A SCOPE OF WORK PHASE III BERM SEEDING AND PHASE IV - BERM CONSTRUCTION SAND STORAGE BERMS I-70 MP 178.0 – 179.0 CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the construction of a new Phase IV berm on the furthest west side of the existing berms and seeding the Phase III existing berm on the north side of Interstate 70 at approximate milepost 178-179. The Phase IV berm will be located on CDOT right-of-way and Town of Vail owned Tract C, see Exhibit B. Seeding the Phase III berm will be on existing CDOT right-of-way and Town of Vail owned Tract C, see Exhibit B. Phases I and II East Phase – Completed Phase III West phase – Completed with the portion completed in 2022 requiring seeding. Phase IV Furthest West phase – to begin in 2023 Phase III West phase – Seeding & Phase IV Furthest West - Construction •Total additional capacity approximately 65,000 cubic yards o Approximately 37,500 cubic yards (CDOT) o Approximately 27,500 cubic yards (Town of Vail) •The Town will obtain all necessary Town of Vail clearances. •CDOT will obtain all necessary CDOT clearances. •The Town may only access the berm from I-70 in conjunction with CDOT’s operations with prior approval on a limited schedule with Town equipment and forces only or with a Special Use Permit including an MHT submitted. •The construction of the Phase IV berm will follow the approved design and footprint, see Exhibit B. •CDOT will be responsible for obtaining a construction storm water discharge permit from the Colorado Department of Public Health and Environment (CDPHE). •CDOT will be responsible for all labor, materials and equipment for revegetating the berm per the approved plans and CDOT’s construction storm water discharge permit and stormwater management plans. 32 © 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS EX-U E EX-UE EX-FO 1" = 150' 12/8/2022FINAL DRAWINGS C241AERIAL OVERALL PLAN BYNO. DATE PROJECT NO.REVISIONDRAWN: CHECKED: DATE SCALE CALL 811 BEFORE YOU DIG RB Civil LLC Phone (970) 471-1103 www.rbcivil.com 79 Ermine Lane Carbondale, Colorado 81623 2102 TOWN OF VAIL PUBLIC WORKS DEPARTMENT EAST VAIL BERM - PHASE 4 INTERSTATE 70 MILE MARKER 178.3068 VAIL, COLORADO, EAGLE COUNTY RAB RAB C: \ U s e r s \ r o m e a \ O n e D r i v e \ C i v i l - P r o j 2 1 \ 2 1 0 2 E V B \ D w g \ C D \ E V B C - S t a t e P l a n e - E x h i b i t T o w n h o m e . d w g , 1 2 / 8 / 2 0 2 2 1 0 : 4 4 : 2 6 A M , D W G T o P D F . p c 3 , 1: 1 EXHIBIT B Map OLA #: 331002957 Routing #: 23-HA3-XC-00026 Exhibit B - Page 1 of 1 33 EXHIBIT C LOCAL AGENCY RESOLUTION (IF APPLICABLE) Exhibit C - Page 1 of 1 34 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 1 of 16 35 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 2 of 16 36 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 3 of 16 37 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 4 of 16 38 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 5 of 16 39 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 6 of 16 40 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 7 of 16 41 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 8 of 16 42 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 9 of 16 43 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 10 of 16 44 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 11 of 16 45 PO #: 351001301 Routing #: 16-HA3-XE-00090-M0002 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 16-HA3-XE-00090-M0002 Local Agency Town of Vail Original Agreement Routing Number 16-HA3-XE-00090 Agreement Maximum Amount Initial term State Fiscal Year Extension terms State Fiscal Year State Fiscal Year State Fiscal Year State Fiscal Year Total for all state fiscal years $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Agreement Performance Beginning Date The later of the effective date or July 20, 2016 Initial Agreement expiration date July 19, 2021 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ___________________________________________ Stephen Harelson, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY Town of Vail ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ LOCAL AGENCY (2nd Signature if Necessary) ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ DocuSign Envelope ID: A80EE855-E9C6-488E-9162-89916E40BF59 Scott Robson Town Manager 6/26/2020 6/26/2020 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 12 of 16 46 PO #: 351001301 Routing #: 16-HA3-XE-00090-M0002 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1)PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B.Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4)PURPOSE CDOT and the Town of Vail entered into an Agreement for the Design and Construction of the West berm area, on the north side of Interstate 70 at approximate Milepost 178-179. The original Agreement listed the Total fill for the project approximately 71,000 cubic yard. CDOT was responsible for approximately 41,000 cubic yards and Town of Vail was responsible for approximately 30,000 cubic yards. The parties now wish to change the amount each party will be responsible for filling. Vail will be responsible for filling approximately 44,600 cubic yards and CDOT will be responsible for filling approximately 26,400 cubic yards for a total of approxima tely 71,000 cubic yards. 5)MODIFICATIONS Exhibit A, Scope of Work is removed and replaced in its entirety with Exhibit A-1, Scope of Work attached hereto and incorporated herein by reference. Upon execution of this Amendment, all references in the Agreeme nt to Exhibit A will be replaced with Exhibit A-1. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID: A80EE855-E9C6-488E-9162-89916E40BF59 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 13 of 16 47 Exhibit A-1 Page 1 of 1 Exhibit A-1 SCOPE OF WORK SEDIMENT CONTROL STORAGE 1-70 M.P. 178.0 - 179.0 CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the Design and Construction of the West berm area, on the north side of Interstate 70 at approximate Milepost 178-179. The East berm is completed, the West berm will be located on CDOT right-of-way, Tract C (see Exhibit C) and an easement that was granted to the Town of Vail through a separate agreement with the Bald Mountain Townhome Association and will be shared between CDOT and Town of Vail. East Phase- Completed West Phase •The Town will be responsible for the design of the West berm including drainage, utilities, and retaining walls. CDOT will not participate in the cost, shown on Exhibit B. •Total fill approximately 71,000 cubic yards: o Approximately 26,400 cubic yards (CDOT) in the berm on Tract C and I-70 ROW o Approximately 44,600 cubic yards (Town of Vail) •The Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will assist the Town with the CDOT environmental, ROW, and utility clearance. •The Town cannot begin construction until the design is approved by CDOT. •The Town will conduct operations during one of those years at an accelerated schedule and will be responsible as outlined in the SOW. CDOT can work in conjunction with the town of Vail's operation on a limited schedule. •FHWA will only grant Town access across the A-Line for one construction season. Prior to granting approval, an operational analysis of the traffic impacts caused by the MHT will be completed. •An approved MHT plan must be in place prior to the start of construction. •At any time unsafe traffic operations are brought to the attention of CDOT, Town access across the A- line will be revoked until an appropriate traffic control plan is developed by the Town and CDOT approval is granted. •The Town can work in conjunction with CDOT’s operations on a limited schedule with prior approval. •The Town will conduct operations during one year at an accelerated schedule. CDOT can work in conjunction with the Town’s operation on a limited schedule. Planting trees and all irrigation work shall be accomplished on the 5°' year of this contract. The Town shall only break the A-line during one construction season and only for the purpose of this project. •CDOT will be responsible for all the labor, materials and equipment for grading the berm to the approved plans. •CDOT will be responsible for obtaining a construction storm water discharge permit from the Colorado Department of Public Health and Environment (CDPHE). •CDOT will be responsible for all the labor, materials and equipment for revegetating the site per the approved plans and CDOT’s construction storm water discharge permit and storm water management plans. •Work will begin on the Bald Mountain Townhome Association easement portion of the berm in 2016 and be completed prior to placement of material on Tract C. •CDOT will be responsible for all labor, materials, and equipment to complete the embankment traffic control, storm water management, rough grading, topsoil and seeding of the West Phase as shown on the grading plan. •CDOT will conduct operations up to a five (5) year time. The Town can still haul material in conjunction with CDOT’s operations on a limited schedule. DocuSign Envelope ID: A80EE855-E9C6-488E-9162-89916E40BF59 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 14 of 16 48 OLA #: 351001301 Routing #: 16-HA3-XE-00090-M0005 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 2 Project #: N/A SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 16-HA3-XE-00090-M0005 Local Agency TOWN OF VAIL Original Agreement Routing Number 16-HA3-XE-00090 Agreement Maximum Amount $0.00 Agreement Performance Beginning Date July 20, 2016 Agreement expiration date December 31, 2021 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ___________________________________________ Stephen Harelson, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY TOWN OF VAIL ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ LOCAL AGENCY (2nd Signature if Necessary) ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ DocuSign Envelope ID: 9994399A-40EF-492A-A599-2BDDFE7CB5C9 7/15/2021 Town ManagerScott Robson 7/15/2021 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 15 of 16 49 OLA #: 351001301 Routing #: 16-HA3-XE-00090-M0004 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1)PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3)EFFECTIVE DATE AND ENFORCEABILITY A.Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B.Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4)PURPOSE CDOT and the Town of Vail entered into an Agreement for the Design and Construction of the West berm area, on the north side of Interstate 70 at approximate Milepost 178-179. The parties now wish to extend the Agreement Expiration Date. 5)MODIFICATIONS This Amendment will extend the Agreement Expiration Date to a new Agreement Expiration Date of December 31, 2021. 6)LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 9994399A-40EF-492A-A599-2BDDFE7CB5C9 EXHIBIT D Expired IGA-For Reference only Exhibit D - Page 16 of 16 50 Exhibit E- Page 1 of 1 EXHIBIT E PII Certification STATE OF COLORADO LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________ (legal name of Local Agency) (the “Local Agency”), hereby certify under the penalty of perjury that the Local Agency has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, or assisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act, which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to comply with Federal or State law, or to comply with a court-issued subpoena, warrant or order. I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Local Agency. Signature: __________________________ Printed Name: __________________________ Title: __________________________ Date: ___________ 51 AGENDA ITEM NO. 4.4 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Approval for 2023 Special Event Sponsorships over $50,000. SUGGESTED ACTION:Authorize the Town Manager to enter into agreements with the following event producers in the respective amounts, on a form approved by the town attorney. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days ($80,000). VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council_Memo_-_03-21-2023_Consent_Agenda_for_Event_Sponsorship_Agreements.pdf 52 To: Mayor and Town Council From: Economic Development Department Date: 3/21/23 Subject: Council approval for special event sponsorship agreements in excess of $50,000 1. Background In late 2022 the Economic Development Department presented sponsorship allocation recommendations to Town Council for events that requested funds during the first RFP cycle and were being held in the first half of the year. Through the process of updating the special event sponsorship program, staff has worked with the town attorney and the sponsorship consultant to update our sponsorship agreements and rights and benefits associated with sponsorships. Sponsorship agreements have started to go out to events receiving under $50,000. The following events have been allocated over $50,000 and need council approval to execute these agreements. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days ($80,000). The NBS Soul on the Snow Concert occurred in February 2023. The Town of Vail committed to a $125,000 contribution to the event to be paid to Vail Resorts to match their $125,000 (+ in kind support) contribution to the concert. The concert was successfully produced and staff is requesting to release the funds to Vail Resorts. Vail America Days planning is underway and an update and theme will be presented to Council at an April meeting. Laurie Asmussen of Eagle Valley Events has been engaged to produce the event for the Town again this year. The contract for the America Days Parade is budgeted for $80,000 and will include the parade with increased bands and floats, as well as music and activities in the village and Lionshead after the parade. Action Requested Authorize the Town Manager to enter into agreements, on a form approved by the Town Attorney, for the following events, in the respective amounts. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days ($80,000) 53 AGENDA ITEM NO. 4.5 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Kristen Bertuglia, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Walking Mountains Science Center for Vail Nature Center Operations SUGGESTED ACTION:Authorize the Town Manager to enter into a contract, approved by the Town Attorney, to enter into a Professional Services Agreement with Walking Mountains Science Center in an amount not to exceed $109,373 to operate the Vail Nature Center. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Agreement for Professional Services - Vail Nature Center 2023.pdf 54 1 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 14th day of March, 2023 (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 Walking Mountains Science Center, an independent contractor with an address of, P.O. Box 9469 Avon, CO 81620, ("Contractor") (each a "Party" and collectively the "Parties"). 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 work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. 55 2 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $109,373. 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. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town. 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 release 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 protection 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. V. OWNERSHIP 56 3 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX Any materials, items, and work specified in the Scope of Services, and any and 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. 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. 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. 57 4 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX 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. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. 58 5 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX 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, labor disputes, forces of nature, the authority and orders of government or pandemics. 59 6 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, 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 ________________, 2023, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 60 7 3/14/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/AGREEMENT FOR PROFESSIONAL SERVICES - VAIL NATURE CENTER 2023.DOCX EXHIBIT A SCOPE OF SERVICES See attached Scope of Work from Walking Mountains Science Center to the Town of Vail 61 EXHIBIT A SCOPE OF SERVICES Vail Nature Center Summer 2023 The Contractor will operate the following programs at the Vail Nature Center: Wildflower Walk – (1 hour, 3 days per week) A leisurely one-hour walk through the woods and meadows in which guests learn about the flowers that carpet the mountains and the conditions they need to thrive. Morning Bird Walk – (1 hour, 2 days per week) A morning walk through the meadows and woods along Gore Creek where guests learn about a great variety of birds, what they need to survive, and how to attract birds to their own backyards. Beaver Pond Tour – (1.75 hours, 2 evenings per week) The guest experience begins at the Nature Center with a brief presentation about beavers, followed by a drive to a beaver pond and active lodge. S’Mores and More: Family Campfire Program – (1.5 hours, 2 evenings per week) A warm campfire, nocturnal creatures and the sweet smell of burning marshmallows fill this family program at the Vail Nature Center. Creekside Nature Tours – (1 hour, 2 times per Farmer’s Market) A casual nature walk along Vail’s streamside paths to learn about the importance of riparian ecosystems. Tours depart from the Walking Mountains Science Center booth at the Vail Farmers’ Market on Sundays throughout the summer. Adult Backcountry Hikes & Hiking Club – Naturalist Guides and Wilderness First Responders lead participants on all-day and half-day hikes throughout the White River National Forest. Hikes are offered 3-4 days per week. Hikes are at a pace that allows participants to enjoy the flora and fauna along the trail. Participants should be in healthy condition and accustomed to the altitude. Hike participants must pre-register and bring their own rain gear, lunch, trail snacks, water and a camera. Transportation is provided from the Nature Center. Volunteer Days – Volunteer groups and students assist with trail maintenance and invasive weeds. Custom programming – Walking Mountains may make separate contracts to work with private groups and camps such as its regular programming with VRD’s Camp Eco Fun. The Contractor will operate the Vail Nature Center facilities: • The facility will be open for public visitation during its annual operating season of mid-June to the end of September. Nature exhibits and other interpretive opportunities will be provided by the staff. • Normal days of operation are Mondays-Saturdays with presence at the Vail Farmers’ Market on Sundays. 62 • Staff will monitor and provide basic upkeep on all Vail Nature Center trails. Staff will engage in basic invasive weed management and enforce visitor rules to help protect the area’s biodiversity. The Contractor is responsible for all services above and staffing of the Nature Center, excluding the cost of electrical service, maintenance and cleaning of the interior and exterior of the VNC, including exhibits within the VNC or on the grounds, facilities, signage, and seating, telephone and internet service. 1. Contractor’s Obligations. Contractor shall: (a) Provide all staffing and cover all related costs of wages, contract labor, benefits, payroll taxes, workers comp, uniforms, cell phones, and other costs required to run the Programs. (b) Provide one van for use in transporting staff and Program participants. (c) Supply all operating goods such as supplies, food, inventory or retail items for sale, computer and office supplies, bank and credit card fees, and all other costs required for all Program operations. (d) Pay all of the costs to maintain the required licenses from the US Forest Service and any other permits required for programs offered at the Vail Nature Center; all such licenses and permits shall be maintained in the name of the Contractor, but shall revert to the Town of Vail should the Contractor no longer operate Programs at the Vail Nature Center. (e) Provide an attendance report for all summer programs to the Town of Vail at the end of the season. 63 AGENDA ITEM NO. 4.6 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Letter of Support for Language Access Federal Fund Portal SUGGESTED ACTION:Approve Letter of Support for Language Access Federal Fund Portal. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: LOS Hick Language Access.docx 64 March 10, 2023 Senator John Hickenlooper 1961 Stout Street, Suite 12-300 Denver, CO 80294 Dear Senator Hickenlooper: We are pleased to write this letter of support for Colorado Mountain College (CMC)’s request for Congressionally Directed Spending (CDS) from the Fund for Improvement of Postsecondary Education (FIPSE) toward increasing language access in rural Colorado mountain communities through robust educational pipelines to bilingual workforce development. Proposed funds will help launch CMC’s new Translation and Interpretation program in alignment with industry certifications and local, regional and statewide needs, as well as a regional assessment of English Language Learner (ELL) programs and support. Hispanic/Latino community members represent a growing portion of our communities, providing a sustaining workforce across CMC’s service area. Limited bilingual information support has perpetuated historic inequities when it comes to these families’ access to resources. This general problem becomes an immediate crisis for Limited English Proficient (LEP) individuals - and therefore, for our whole communities - during emergencies such as wildfires and other life-threatening emergencies, such as pandemics and environmental hazards. Our rural and rural resort communities in the central and western Colorado mountains are in dire need of more medical, legal and community interpreters. Throughout CMC’s service district, local employers including the organizational partners listed below struggle to import talent into our rural and rural resort areas due to the high cost of living. Meanwhile, Hispanic/Latino local community members who already have roots here could benefit from more robust access to postsecondary programs for career advancement that specifically support the needs of LEP learners. The regional ELL program analysis will ensure that our communities and organizations like CMC are being efficient with our shared resources, through identifying the specialized roles of our various English language acquisition programs and providing needed clarity on program outcomes and bridges to advancement for all the community members we serve. Thank you in advance for your consideration of this request. Sincerely, Representative Elizabeth Velasco, District 57 Representative Meghan Lukens, District 26 Representative Julie McCluskie, District 13, Speaker of the House Senator Dylan Roberts, District 8 Senator Perry Will, District 5 65 Office of Language Access, Colorado Judicial Branch Eagle County Government Garfield County Latino Advisory Committee City of Glenwood Springs City of Steamboat Springs City of Rifle Town of Snowmass Village Town of Basalt Town of Silt City of Aspen Town of Grand Lake Town of Carbondale Steamboat Springs School District Hayden School District Roaring Fork School District Lake County School District Salida School District Colorado State University Lake County Extension Basalt Chamber of Commerce Steamboat Springs Chamber Glenwood Springs Chamber Resort Association Vail Valley Partnership Colorado River Valley Chamber of Commerce Leadville Lake County Economic Development Corporation Great Expectations Grand River Hospital Vail Health Valley View Hospital Mountain Family Health Centers Yampa Valley Medical Center Foundation Roaring Fork Transportation Authority Community Language Cooperative English In Action Valley Settlement Integrated Community / Comunidad Integrada Aspen Institute, Hurst Community Initiative Small Business Majority Roaring Fork Leadership Roaring Fork Resource Center Community Banks of Colorado US Bank of West Vail Cura HR 66 Aspen Skiing Company Alterra Mountain Company Gallegos Corporation Mountain Pest Control Walker Electric LT100 Legacy Foundation Childress Communications LLC Holy Cross Energy Conservation Colorado Wilderness Workshop Aspen Community Foundation Yampa Valley Community Foundation Bright Future Foundation Steamboat Creates Yampa Valley Sustainability Council 67 AGENDA ITEM NO. 5.1 Item Cover Page DATE:March 21, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Status Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230321 Matters.docx 68 COUNCIL MATTERS Status Report Report for March 21, 2023 o Music in Lionshead: On March 7, Town Council appreciated input from a Town of Vail Host who noticed that at the end of each day, skiers were much happier lugging equipment and families up hill from the base to the parking structure when live music was playing. Below is the schedule for the Vail Après Spring Series during the month of March, through April 2nd : o E-Bike Batteries:Town Council requested education on safe handling of E-bike batteries in light of recent news stories on fires caused by damaged or mis- MONDAYS Silent Disco |4PM–7PM I-Bridge in Vail Village TUESDAYS Art Workshop |3:30PM–5PM Colorado Snowsports Museum WEDNESDAYS Live Music | 3PM–6PM I-Bridge in Vail Village & Lionshead Bus Stop THURSDAYS Silent Disco | 4PM–7PM Lionshead Bus Stop FRIDAYS Live Music | 3PM–6PM I-Bridge in Vail Village & Lionshead Bus Stop SATURDAYS Live Music | 3PM–6PM I-Bridge in Vail Village & Lionshead Bus Stop SUNDAYS Live Music | 3PM–6PM I-Bridge in Vail Village & Lionshead Bus Stop 69 handled batteries. The Environmental and Fire Departments will return at a future meeting date with more information. o Doggie Bag Stations: On March 7, a council member suggested that the town install doggie bag stations at every pedestrian exit/entrance to encourage guests and residents to pickup after their pets. PW Streets staff will install additional stations. o Thank you to long-time employees!: Linda Moore (Court) celebrated 40 years at the town on March 17th and Jacque Lovato (Finance) celebrates 45 years at the town March 21st Social Media Tracking Conversations continue to be positive around the Vail experience in spite of variable weather. On Town of Vail channels, the top posts came from Vail Police around recent accidents with police vehicles and the rockslide, followed by Vail Fire and Town of Vail's Women's Day posts and Town of Vail's announcement regarding the Timber Ridge redevelopment. Here is the general link: https://share.sproutsocial.com/view/aa5676d5-71f8-415f-9676- d571f8115f49 In the News______________________________________________________ March 2 Record High Visitation https://www.vaildaily.com/news/town-of-vail-data-shows-record-high-visitation-days-in-february/ Pedestrian Safety Project https://www.vaildaily.com/news/vail-to-tone-down-initial-pedestrian-safety-plan-in-village-areas/ March 3 Stewardship Roadmap https://www.realvail.com/vail-town-council-to-review-final-draft-of-vail-stewardship-roadmap/a15593/ J1 Worker Housing https://www.westword.com/news/vails-international-student-workers-feel-left-out-in-the-cold-over- high-housing-costs-16279547 March 6 Timber Ridge https://www.vaildaily.com/news/a-new-deal-for-vails-152-million-redevelopment-of-timber-ridge/ 70 Officers on the Mountain https://www.vaildaily.com/news/local-police-take-to-the-powder-for-patrol/ March 8 RFP for Special Events https://www.vaildaily.com/news/vail-seeks-proposals-for-new-special-events/ March 9 Stewardship Roadmap https://www.vaildaily.com/news/steward-vail-gets-repositioned-as-a-stewardship-roadmap-in-latest- iteration/ March 10 Timber Ridge https://www.vaildaily.com/news/vail-gauging-interest-in-timber-ridge-from-businesses-individuals/ Smell at Covered Bridge https://www.vaildaily.com/news/whats-that-smell-at-vails-covered-bridge/ March 11 Dowd Junction https://www.vaildaily.com/news/vail-formalizes-regional-agreement-for-planning-of-dowd-junction- workforce-housing/ Property Taxes https://www.vaildaily.com/news/eagle-county-residents-need-to-be-prepared-for-property-tax-sticker- shock-coming-in-2024/ March 14 E-Bike Grant https://www.traffictechnologytoday.com/news/funding/cdot-grants-will-help-colorado-communities- reduce-congestion-and-emissions.html March 16 Housing Supply - opinion https://www.vaildaily.com/opinion/romer-our-housing-challenges-are-caused-by-lack-of-supply/ Upcoming Events o Community Meeting – Mar 28 o Mar 31 – Ski with Elected Officials in Vail o June 5-8 - *tentative dates for visit from St. Anton officials 71 AGENDA ITEM NO. 6.1 Item Cover Page DATE:March 21, 2023 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Resolution No. 4, Series of 2023, A Resolution Establishing a Process for the Naming or Commemoration of Town-Owned Properties, including Parks, Plazas. Streets, Buildings and Interior Spaces SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 4, Series of 2023. PRESENTER(S):Kathleen Halloran, Deputy Town Manager and Lori Barnes, Director of Library Services VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230321 Naming Memo.docx Naming resolution #4.docx Naming ExhibitA.docx 72 TO:Vail Town Council FROM:Cultural Heritage Committee DATE:March 21, 2023 SUBJECT: Resolution No. 4, Series 2023, Naming or Commemoration of town-owned properties I.SUMMARY The purpose of Resolution No. 4, Series 2023 is to establish a process regarding naming or commemoration of town-owned properties. Please note there are no changes to the resolution wording or the below memo with exception to the highlighted portions. II.BACKGROUND Since the incorporation of the Town of Vail in 1966, various parks, buildings, plazas, streets, and other landmarks have been named to memorialize the contributions of Vail’s dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine setting and European roots. In anticipation of future opportunities, the following guidelines have been established to not only reflect practices of the past, but to provide a formal structure for future decisions. Please note this resolution does not address naming rights on town buildings or sponsorship. Town staff recommends that Town Council remain “opportunistic” when new buildings or amenities are constructed. Each opportunity would be considered by Town Council on a one- by-one basis. II.DISCUSSION The proposed process has been developed by the town’s Cultural Heritage Preservation and Programs Committee (“CHC”) over the last several months. The committee is made up of staff representing a variety of departments (Library, Environmental, Community Relations, Economic Development, Town Manager’s office) and a Town Council member (Jen Mason). To connect Vail's past, present and future, a nomination process has been established to recognize social, environmental, and economic influences for the naming or commemoration of Town-owned properties, including parks, plazas, streets, buildings, and interior spaces. The process is outlined in detail in Exhibit A, attached, and includes criteria to be evaluated for nominations submitted to the town in writing. Nomination forms are available on the town’s website. 73 Town of Vail Page 2 Nominations will be reviewed by members of the Town of Vail Cultural Heritage Preservation and Programs Committee and if approved, the nominations will be forwarded to the Vail Town Council for formal consideration at a public meeting. During its formal review, Town Council may choose to direct the Committee and/or town staff to continue with additional fact finding, budget and design assessments, project schedules, etc., with additional project updates to Town Council as necessary to bring closure to the nomination. It should be noted that initial approval of a nomination by the Town Council is preliminary and does not commit expenditures to carry out a nomination or commemoration. This action can only be completed as part of the Town’s budget adoption process. In response to citizen input regarding staff approval of certain memorial naming, the CHC group recommends that all naming and memorials go through the process outlined above. While some requests may seem small and unimposing, CHC believed staff should not be approving request without Council knowledge and input. The Memorial Bench program and Vail Memorial Park were created as a way for individuals to memorialize loved ones in a simple and equitable manner. II.ACTION REQUESTED OF COUNCIL Staff recommends Town Council approve Resolution No. 4, Series 2023. 74 RESOLUTION NO. 4 Series of 2023 A RESOLUTION ESTABLISHING A PROCESS FOR THE NAMING OR COMMEMORATION OF TOWN-OWNED PROPERTIES, INCLUDING PARKS, PLAZAS, STREETS, BUILDINGS, AND INTERIOR SPACES WHEREAS, since the incorporation of the Town of Vail in 1966, various parks, buildings, plazas, streets, and other landmarks have been named to recognize the contributions of Vail’s dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine setting and European roots; WHEREAS, no written guidelines outlining previous commemoration processes have been documented; WHEREAS, in anticipation of future naming opportunities, the need for guidelines and considerations has been identified to not only reflect practices of the past, but to provide a formal structure for future decisions by the Town’s governing body; WHEREAS, it is the ongoing mission of the Cultural Heritage Preservation and Programs Committee to preserve, enrich, and sustain the cultural and historic legacy of Vail to fulfill its vision to connect Vail’s past, present and future to create a legacy that inspires future generations to celebrate and sustain our community, its history, and heritage; WHEREAS, to connect Vail’s past, present and future, a framework for opportunities to recognize additional social, environmental and economic influences should be established with adoption of a public nomination process and review criteria for the Naming or Commemoration of Town-owned Properties, including Parks, Plazas, Streets, Buildings, and Interior Spaces; and WHEREAS, a formal naming process will offer a consistent and systematic approach for the Naming or Commemoration of Town-owned Properties in the future. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the criteria and process for the Naming or Commemoration of Town-owned Properties, including Parks, Plazas, Streets, Buildings, and Interior Spaces hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21st day of March 2023. ___________________________________ Kim Langmaid, Town Mayor 75 ATTEST: ________________________________ Town Clerk 76 EXHIBIT A TOWN OF VAIL CULTURAL HERITAGE PRESERVATION AND PROGRAMS COMMITTEE NOMINATION PROCESS NAMING OR COMMEMORATION OF TOWN-OWNED PROPERTIES, INCLUDING PARKS, PLAZAS, STREETS, BUILDINGS, AND INTERIOR SPACES OVERVIEW Since the incorporation of the Town of Vail in 1966, various parks, buildings, plazas, streets, and other landmarks have been named to recognize the contributions of Vail’s dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine setting and European roots. In anticipation of future naming opportunities, the following guidelines have been established to not only reflect practices of the past, but to provide a formal structure for future decisions. NOMINATION PROCESS To connect Vail's past, present and future, a nomination process has been established to recognize social, environmental, and economic influences for the Naming or Commemoration of Town-owned Properties, including Parks, Plazas, Streets, Buildings, and Interior Spaces. The process is as follows: Nomination Submittals for Naming/Commemoration First-time nominations may be made at any time by members of the public, including Vail Town Council members and Town staff. Town of Vail residency is not required to submit a nomination. The nomination form is available on the Town of Vail website at https://www.vailgov.com/community/cultural-heritage-preservation-programs/commemorative- naming-nomination-form Nominations must be in writing and will be evaluated based on the following criteria: Does the naming inspire future generations to celebrate a historical figure, place, event, or other instance of historical or cultural significance? Does the naming involve a natural or geological feature? Does the naming involve an individual or individuals whose legacy is well documented in how the actions have shaped Vail in the past or present and/or how it will influence Vail in the future? Does the naming honor a fallen community member in recognition of their life’s passion? Does the naming formalize a nickname or common use identification? Does the naming honor an individual or individuals as a stipulation of a donation of property or financial contribution? Is the naming timeless in that it reflects the tradition, continuity, and values of the community in perpetuity? Is there a circumstance where a renaming is warranted to address historical accuracy or a circumstance of dishonor? 77 Nomination Evaluation Process for Naming/Commemoration Once submitted by the nominator, the nomination will be evaluated by members of the Town of Vail Cultural Heritage Preservations and Programs Committee Cultural Heritage Preservation & Programs | Vail, CO (vailgov.com)with follow up research conducted as needed to complete its due diligence. Nominations approved by the Cultural Heritage Committee will be forwarded to the Vail Town Council for formal consideration to be presented at a public meeting in which the Town Council may approve, deny, or modify the recommendation. The nominator will be invited to offer comment during the public meeting in support of the nomination. During its formal review, Town Council may choose to direct the Committee and/or Town staff to continue with additional fact finding, budget and design assessments, project schedules, etc., with additional project updates to Town Council as necessary to bring closure to the nomination. It should be noted that initial approval of a nomination by the Town Council is preliminary and does not commit expenditures to carry out a nomination or commemoration. This action can only be completed as part of the Town’s budget adoption process. Nominators whose applications are not approved by the Cultural Heritage Committee and/or Town Council will be informed of the decision. Nominators may resubmit a more detailed application after three (3) months. If the revised application fails to receive support by the Cultural Heritage Committee and/or Town Council, any further attempts by the nominator will be suspended for a minimum of one (1) year. Examples of Town-owned Property Named for Individuals in Vail: Susan Knott Memorial Bridge Pulis Bridge Katsos Ranch Gerald R. Ford Park & Amphitheater Betty Ford Alpine Gardens Betty Ford Way (through Ford Park) Bill Wright Tennis Center Ben Krueger Room (Vail Golf & Nordic Center) Roger Staub Park Ted Kindel Park Eaton Plaza/Founders Plaza Seibert Circle Silfer Square John and Cissy Dobson Covered Bridge Mayors’ Park Dobson Ice Arena Zeke M. Pierce Skatepark John F. Donovan Park Stephens Park Ellefson Park 78 AGENDA ITEM NO. 6.2 Item Cover Page DATE:March 21, 2023 TIME:30 min. SUBMITTED BY:Alex Jakubiec, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 6, Series of 2023, First Reading, Budget Supplemental No. 1, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Timber Ridge Fund and Residences at Main Vail Fund of the 2023 Budget for the Town of Vail, Colorado and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 6, Series 2023. PRESENTER(S):Carlie Smith, Finance Director and Alex Jakubiec, Budget Analyst & STR Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230321_YE__1st_Supp.pdf Ordinance 6, Series of 2023.pdf supp_1_ppt2023.pdf 79 TO: Vail Town Council FROM: Finance Department DATE: March 21, 2023 SUBJECT: 2022 Results and 2023 Supplemental Appropriation I. SUMMARY The completion of the town’s 2022 fiscal year sets the stage for this supplemental appropriation of 2023. Included in this memo is a high-level review of 2022 financial results. During Tuesday evenings session, you will be asked to approve the first reading of Ordinance No. 6 making supplemental appropriations and adjustments to the 2023 budget. This supplemental reflects $69.1M of capital projects that span more than one year and need to have funding re- appropriated to the current year in addition to some new requests. II. DISCUSSION 2022 RESULTS During the 2022 budget process revenues were forecasted conservatively and departmental budgets were set to operate within a balanced budget. As the year progressed Vail experienced remarkable increases compared to the prior year in many revenue sources. Across all funds, revenues totaled $101.9M million. Excluding large one-time grant revenues from federal grants and the Vail Reinvestment Authority capital reimbursement, 2022 revenues totaled $95.8 million, up $13.4 million from 2021 and flat with budget. Compared to prior year, revenues were up mainly due to general sales tax collections of $40.8 million, up 18% or $6.3M from 2021. Effective January 1st, 2022, the town also began collecting an additional 0.5% sales tax dedicated to housing. Collections for 2022 totaled nearly $5.0M. Real Estate Transfer Tax collections remained strong compared to historical averages but reflected a decrease compared to the record collections experienced in 2020 and 2021. During the first quarter of 2022, RETT collections were surpassing 2021 collections, however as interest rates increased the volume of real estate sales began to slow. RETT collections for 2022 totaled $9.6 million, a decrease of (28.2)% from 2021, the highest year on record. 2022 collections were up 32.9% from 2019, the last “normal” year on record. A total of 267 properties were sold, with 37% of the real estate sales priced over $2.5 million. 1 80 Construction Use Tax collections of $2.2 million were down 40.2%, or $1.5 million from 2021. In addition to construction use tax, overall construction activity decreased compared to prior year. Construction related revenues such as permits, design review and plan check fees of $1.7 million in 2022 were down 36.2% or $985,399 from 2021.   Lift tax collections of $6.5 million were up 17.3%, or $954.7K from 2021. Parking revenues totaled $8.5 million during 2022, up 20.2%, or $1.4 million from 2021. Due to an increase in visitation, daily parking sales from January through April exceeded expectations surpassing 2021 daily sales for the same time period by $800K, an increase of 20%. Pass sales for that time period were flat compared to prior year. Going into the 2022/2023 winter season (November and December), the town implemented a new daily and parking pass price structure with the goal of changing behavior to encourage sustainable travel such as carpooling and public transportation. November and December daily parking sales were up $208.7K compared to 2021 while transactions were down 5% compared to the prior year giving initial indications that the new program was beginning to change parking behaviors. Parking revenue from pass sales for November and December was up $308.6K, or 27% compared to prior year. During 2023, town staff will be planning to develop new programs utilizing the additional parking revenues to encourage other improvements in town-wide mobility and transportation such as additional EV charging stations, car sharing programs, and exploring outcomes from the Vail Mobility and Transportation Master Updates. 2022 net expenditures totaled $96.7 million compared to $182.6 million budgeted. Of the $85.9 million variance, $69.1 million is requested for re-appropriation for capital projects currently underway in the Capital, RETT, Housing, Heavy Equipment, and Residences at Main Vail Funds. The remaining savings of $15.4 million was a result of savings from capital projects ($8.9<), town-wide staffing vacancies ($1.4M), reduced event spending ($612K), fewer health insurance claims ($1.4M), and reduced general operating expenditures ($2.9M) such as professional fees, general supplies and materials, programs, and fuel and vehicle supplies. 2 81 2023 SUPPLEMENTAL APPROPRIATION The main purpose of this supplemental is to re-appropriate funds for capital projects budgeted in 2022 and are continuing into this year, or projects that did not begin as planned. There are also adjustments needed to reflect events or decisions that have occurred since the 2023 budget was finalized. General Fund Revenue The 2023 budget was approved in December 2022 with revenues conservatively projected to reflect a normalization of visitation and lodging ADR after experiencing record-breaking revenue collections due to an increase in travel after the pandemic as well an increase in costs due to inflation. Going into 2023, revenue projections also considered the uncertain economic outlook and concerns of a recession. While 2023 year to date collections have begun the year strong exceeding budget, there remain concerns over a recession. This supplemental does not include adjustments to the town’s major revenue sources however staff will continue to monitor revenues and adjust forecasts with the potential to update revenue projections in a future supplemental. General Fund revenues have been increased by $1,671,529 to reflect project reimbursements and grant funding that will be directly offset by corresponding expenditures including the following: $337,234 for a final allocation of CRRSA (Coronavirus Response and Relief Supplemental Act) to be used towards transit operations. Re-appropriate $1,170,000 ARP (American Rescue Plan) grant funding for qualifying ARP initiatives. At this time, specific initiatives utilizing these funds have not been identified $130.5K for the continuation of the Police Department Mountain Safe program funding awarded in 2022. $30,645 in rental revenue for newly acquired employee housing units (East Vail Lodging #22 and Homestake Peak Unit #B103). Offset by $15K in utility, repairs, and HOA dues expenses below. Increased use of $1,950 Friends of the Library funds for the Champagne Celebration ($2K), 40th anniversary celebration ($2K), purchase of a new laser cutter hood ($950); less a reduction in expenses for the digitization of the Vail Trails Reels project $(-3K, total project cost $40K). $1,200 reimbursement from Vail Health for the Books for Babies program. General Fund expenditures are proposed to increase by $3,099,541 of which $1,671,529 will be reimbursed by the revenue items listed above. The remaining $1,428,012 includes: $1,300,000 increase in budgeted personnel expenditures to implement the 2nd phase of the town’s shift in compensation strategy originally planned for 2024. During the January 17th town council meeting, the council supported implementing both phases of the compensation study in 2023 utilizing an estimated $1.3M in general fund savings from 2022. $1.5M was approved by the council to implement the first phase of the study during the 2023 budget approval, the total implementation cost across all funds is $2.8M. $250,000 reappropriation for the Vail Chapel contribution granted in 2022. During the 2022 contribution process Town Council approved a $500K grant towards the Vail Chapel’s capital campaign. The Chapel has received $250K of the total $500K grant. The remaining $250K was designated as “last in”. $53,440 total increase to the Town of Vail outerwear purchase budget. During the January 17th Town Council meeting the Council supported increasing the budget for this 3 82 item by $35,000 to $185,000 total. Staff is requesting an additional $18,440 ($203,440 total) for additional spare uniforms and snowpants for the fire department which had not been included in prior estimates. The Town purchases employee outerwear every four years. $50,000 sponsorship for the Mountain Town’s 2030 Climate Solutions Summit Conference to be hosted within Eagle County in 2023. This annual summit gathers key stakeholders to explore and implement an initiative to meet zero carbon emissions goals by 2030. $10,000 Council contribution to the National Brotherhood of Skiers education fund to encourage and drive future economic vitality within the Town. $14,000 to complete and pay final costs for the town’s compensation study. The total cost of this study was budgeted in 2022, however, it is spanning across two budget years and will be completed in 2023. $15,000 towards a study for a potential Downtown Development Authority (DDA) which would include the current municipal site. $30,319 for Steward Vail additional travel expenses and increase in scope including a reappropriation of $14,319 from 2022 and a $16,000 increase in funding for an increase in project scope $46,150 for library programs including, $40,000 for the digitization of Vail Trails reels, $950 for a laser cutter hood, $2,000 for increased costs of the 40th Anniversary, $2,000 for the champagne celebration. These expenditures are fully offset by revenue from the Friends of the Library. The above adjustments to the General Fund 2023 budget result in an estimated fund balance of $49.5 million by the end of 2023, or 96% of annual revenues in a normal year. Staff also requests to increase the Employee Housing Ownership Program (EHOP) available balance by $16,396 to reflect the 2022 equity earnings. This increase is not part of the budget appropriation; however, this is reflected at the bottom of the Fund Statement to show that these funds are restricted and unavailable for spending. The addition of 2022 equity earnings will increase total funding to $1,542,414 for this program. Currently, the program has 19 participants and $757.4K in funding committed. In total the town has assisted 52 employees with loans through this program. Capital Projects Fund Budgeted revenues will be adjusted by $5,944,513 of reimbursements and grants for capital projects originally budgeted and committed to in prior years but are being re-appropriated due to project timing. These revenues will be directly offset by re-appropriated project expenditures. These include: A total of $3,879,430 from two Colorado Department of Transportation (CDOT) grants to be used towards the purchase of six electric buses. $1,650,000 Federal grant to be used towards electric bus purchases. $255,728 CDOT grant to be used towards electric bus electric charging infrastructure (four electric bus chargers). $50,000 Vail Local Marketing District reimbursement for the new Welcome Center Displays to be completed in 2023. $61,333 partial reimbursement from Eagle County and Avon for the purchase of the SOU Robot. $36,000 State electric vehicle (EV) grant for EV charging infrastructure. Staff is requesting to supplement 2023 expenditures by a total of $28,198,913 of which $28,061,507 represents projects budgeted in 2022 but not yet completed/received such as the new ladder fire truck ($1.7M), the replacement of eight buses ($9.8M), a placeholder to 4 83 purchase new Town of Vail employee units ($2.3M); major town facility maintenance and upgrades ($1.5M) of which $750,000 will be used towards the replacement of the municipal building HVAC nearing end of life, East Vail road drainage improvements ($1.3M), and a $1.1M placeholder for the replacement and exploration of the electrification of aging snowmelt boilers at the Vail transportation center. This also includes a $4.9M transfer to the Residences at Main Vail Fund for project costs above and beyond the bond proceeds. Please see the Capital Projects Fund statement for a full list of all re-appropriations. New requests/adjustments include the following: $32,208 is requested to add additional police equipment for the remaining three years of the Town’s 5-year Axon contract for body camera equipment. Additional equipment is needed as spares and backup. The original order of equipment did not include spares. Currently, if a piece of equipment breaks it is taking months to repair or replace and officers are having to share. This is strongly advised against and may lead to legal issues. The total 3-year cost increase is $79,409. The annual cost of this body camera system is $180,000. $17,100 is requested for the purchase and install of 6 Flock safety license plate readers to either be installed at either all on or off ramps in the town. The overarching goal of this program is to enhance the ability of the Vail Police Department to identify and track these vehicles leaving a crime and then enable officers and investigators to identify offenders and recover the property. These would have an annual service cost of $15,000 after 2023. $26,236 is requested to increase the budget to purchase two police cars. The total cost is $125,752. Since these vehicles were originally budgeted the costs of these cars and the equipment to outfit the cars has increased substantially. $35,000 is requested for spare equipment for the new parking system. $14,839 is requested to replace six police AEDs with expired components and an additional 5 units for new police vehicles. Additionally, $12,022 is requested to purchase an event tent for Vail Apres. This is offset by a transfer from the Town’s Marketing Fund. All of the above adjustments will result in an estimated fund balance of $12.6 million by the end of 2023. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will be adjusted by an increase of $441,221 A majority, or $313,221 of this is for grant and revenue reimbursements originally budgeted and awarded in prior years but delayed due to project timing. These revenues will be directly offset by re-appropriated project expenditures. This includes: $300,000 re-appropriation of a reimbursement from Eagle River Water and Sanitation District for the re-stabilization of Dowd Junction retaining wall and bike path. This project is anticipated to begin in the fall of 2023. $13,222 donation from East West to be re-appropriated towards the design and planning of a Ford Park art space. The total grant was $50,000 and to date $36,778 has been utilized. The remaining $128,000 includes the following new items: 5 84 $22,500 matching grant from Colorado Parks and Wildlife (CPW) to be used toward bear education (total cost $45K) $55,000 reimbursement from Eagle County to continue support of the curbside chipping program and other fuels treatment projects throughout town and in unincorporated areas $500 reimbursement from the Town of Avon to go towards the Vail Sustainable Landscaping workshop. The total cost of this workshop is estimated to be $2,200. $50,000 grant from CDOT for the Shift Bike Share program. $22K will reimburse the Town of Vail, with $28K to be distributed to county-wide partner communities also participating in the program. Staff is requesting to supplement expenditures by a total of $22,368,242 of which $21,730,242 represents projects budgeted in 2022 but not yet completed such at the placeholder for the Booth Heights parcel ($12.0M), $863k for the Ford Park Art Space, $1.0M for a new athletic field and storage restroom to support the Vail Recreation District, $1.9M to continue town-wide water quality infrastructure projects, and $1.4M earmarked for Vail Recreation District facility maintenance projects. Please see the Real Estate Transfer Tax fund statement for a full list of all re-appropriations. New requests/adjustments include the following: $36,000 is requested for additional landscaping improvements near the 10th Mountain Division Statue and Covered bridge. Based on preliminary designs, the current 2023 budget includes $75K for this project however since then it was recognized that the paved area around the statue should be moderately expanded to accommodate the heavy pedestrian traffic the statue receives. The increase in budget would also include the removal of dying fir trees and a new bench west of the statue. The new total cost of this project is estimated at $111,000. To coincide with the 10th Mountain statue landscaping improvements, staff is requesting $11,500 to address trees that are growing into the Vail Village/Clock Tower view near the covered bridge. Work on this project began several years ago and is being done in phases to reduce visual impacts. During 2023, staff is proposing the next phase of this process which would include relocation of the John and Cissy Dobson plaque closer to the walkway, relocation of a light fixture, removal of three aspen trees, the addition of new aspens/spruce, and new shorter, ornamental landscaping. $150,000 for the biodiversity study. The Town of Vail is under contract with the Colorado Natural Heritage Program, Colorado State University, to conduct the biodiversity study identified in the Comprehensive Open Lands Plans Update. The scope of work builds upon a study completed in the mid-90s and includes a biodiversity inventory, specific habitat types, status of species of concern, and recommendations for the management of townlands to promote biodiversity $95,000 of additional funding for Gore Creek Signage project. RFP responses were higher than anticipated as labor and material costs have increased since the project budget was initially set at the end of 2021. $220,000 for Turf reduction projects at the Red Sandstone Underpass, Main Vail perimeter areas and municipal building frontage. $10,000 of additional funding to expand the scope of the Solar Study to include parking structures. The above adjustments will result in an estimated fund balance of $7.6 million at the end of 2023. 6 85 Housing Fund Budgeted revenue will increase by $879,000 for the sale of the North Trail Town home and Vail Heights units purchased by the town in late 2022/early 2023. These units will be resold to the community with a “buy- down” as deed restricted units. Staff is also requesting to supplement budgeted expenditures by $9,489,004 of which $7,854,854 represents re-appropriations of the town’s housing programs. This includes: A carryforward of $2,938,245 allocated to the InDEED program. The 2023 amended budget will include a total of $5,438,245 for the InDEED program. A carryforward of $71,609 allocated to buy-down housing. $195,000 to carryforward funds for the Timber Ridge Redevelopment Plan Implementation. $2,000,000 for Residences at Main Vail opportunity fee to be paid at completion of the project. $2,650,000 placeholder for the potential purchase of the CDOT-owned parcel in east Vail. New requests/adjustments include the following: $6,425 to allocate December 2022 housing-fee-in lieu collections towards buy down funds. $125,000 for flood repairs and remodel expenditures for the North Trail Townhome resale property prior to being resold in the community lottery. $2,725 for utilities and HOA dues on the North Trail Townhome property. Staff has also included a $1,500,000 request as a placeholder to purchase additional buydown or resale properties this year. The above adjustments will result in an estimated fund balance of $7.1 million at the end of 2023. Residences at Main Vail Fund Budgeted revenue will increase by a reappropriation of a $4,925,444 transfer from the Capital Projects Fund to cover construction costs exceeding bonds proceeds for RMV housing project. When planning for this project the town had planned to cash fund a portion of this project. Total construction cost including contingency is estimated at $31.8 million, offset by the financing of $25.0 million. Town Council will have an opportunity at a later date to consider whether the future housing project should repay the Capital Projects Fund for the $6.8M in funding. Budgeted expenditures are proposed to increase by a reappropriation of $14,366,303 in construction costs to complete the project. The Residences at Main Vail is expected to be available for rent August 1, 2023. Marketing Fund The Marketing Fund reflects a transfer of $12,022 to the Capital Projects Fund utilizing ambient funding for the purchase of a Vail Apres tent. This has no net effect on the total budget. 7 86 Heavy Equipment Fund Budgeted expenditures are proposed to increase by $761,757. Staff is requesting to re- appropriate $601.7K for vehicle replacements originally budgeted in 2022 and 2021 due to supply chain issues, most vehicles budgeted for have been ordered and are awaiting delivery. An additional $160K is requested to replace two PD vehicles due to an accident. The Town is expected to be reimbursed for a portion of the costs by insurance proceeds however a full cost recovery is not expected. Any insurance reimbursements will be reflected in later supplemental. Timber Ridge Staff is requesting $32,000 for additional and unanticipated snow removal from the roofs of all Timber Ridge buildings. This was necessary to prevent and reduce the amount of water leaks in units. 8 87 (Unaudited)Proposed 2022 2022 Favorable/ 2023 1st 2023 Amended Actual (Unfavorable) Budget Supplemental Amended Revenue Local Taxes:39,950,000$ 40,806,540$ 856,540$ 34,000,000$ -$ 34,000,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 61/39 62/38 62/38 Sales Tax 24,771,000 24,771,000 - 21,080,000 - 21,080,000 Property and Ownership 6,064,631 6,041,413 (23,218) 6,070,789 - 6,070,789 Ski Lift Tax 6,273,196 6,473,618 200,422 5,895,506 - 5,895,506 Franchise Fees, Penalties, and Other Taxes 1,791,618 1,928,071 136,453 1,751,381 - 1,751,381 Licenses & Permits 2,811,704 2,491,047 (320,657) 2,728,134 - 2,728,134 Intergovernmental Revenue 3,789,855 3,500,851 (289,004) 2,856,946 130,500 2,987,446 Re-appropriate unused portion Mtn. Safe PD Grant ($130.5K) Transportation Centers 7,758,758 8,489,410 730,652 7,769,724 - 7,769,724 Charges for Services 1,071,297 1,220,301 149,004 999,980 - 999,980 Fines & Forfeitures 206,566 230,774 24,208 210,700 - 210,700 Earnings on Investments 200,000 147,136 (52,864) 150,000 - 150,000 Rental Revenue 1,152,379 1,418,400 266,021 1,415,002 30,645 1,445,647 Employee rental income for new units offset by annual units costs, $13K Vail East Lodging #22, $17.6K Homestake #B103 Miscellaneous and Project Reimbursements 334,929 322,659 (12,270) 318,000 3,150 321,150 Utilize $1.95K of FOL funding; $1.2K reimbursement for books for babies Total Revenue 56,225,933 57,034,680 808,747 51,246,162 164,295 51,410,457 Expenditures Salaries 24,302,010 23,872,103 429,907 25,816,994 1,100,000 26,916,994 Utilize 2022 expenditure savings to implement Phase II of the compensation study approved by Council in January Benefits 8,428,400 8,178,290 250,110 8,592,954 200,000 8,792,954 Utilize 2022 expenditure savings to implement Phase II of the compensation study approved by Council in January Subtotal Compensation and Benefits 32,730,410 32,050,393 680,017 34,409,948 1,300,000 35,709,948 6.3% Contributions and Welcome Centers 284,611 289,172 (4,561) 284,134 10,000 294,134 Council Contribution to NBS Education Funds to Encourage and drive future economic vitality from this organization Childcare Program Funding 250,000 100,000 150,000 250,000 - 250,000 All Other Operating Expenses 11,094,237 10,029,511 1,064,726 11,457,111 339,222 11,796,333 Increase outwear budget $53K; $14K for final compensation study bills; $15K housing new units utils/hoa dues, $130K to continue Mtn Safe prog. Implementation; $50K Mtn Town's Conference; $15K DDA study; $46.5K Library Programs; $15K Holiday Décor Heavy Equipment Operating Charges 2,816,503 2,468,010 348,493 2,999,890 - 2,999,890 Heavy Equipment Replacement Charges 971,764 952,189 19,575 1,101,105 - 1,101,105 Dispatch Services 652,938 652,938 - 669,317 - 669,317 Total Expenditures 48,800,463 46,542,212 2,258,251 51,171,505 1,649,222 52,820,727 6.9% Surplus (Deficit) from Operations 7,425,470 10,492,468 3,066,998 74,657 (1,484,927) (1,410,270) One-Time Items: Federal Grants CRRSAA Transit Grant (Operating)337,234 (337,234) 337,234 337,234 CRRSAA Bus Grant for Transit Operations CARES Transit Grant (Operating)1,658,768 1,789,612 130,844 American Rescue Plan Grant 1,170,000 (1,170,000) (1,170,000) (1,170,000) American Rescue Plan Initiatives (1,170,000) 1,170,000 1,170,000 1,170,000 Planning Projects VLMD Transfer for Destination Stewardship Mgmt. Plan 200,000 200,000 Destination Stewardship Mgmt. Plan (238,400) (224,081) 14,319 (200,000) (30,319) (230,319) Re-appropriate $14.3K; Additional $16.0K for increase in scope Vail Vision (50,000) 50,000 (100,000) (100,000) Civic Area/Dobson Master Plan (200,000) 200,000 (100,000) (100,000) West Vail Master Plan (230,478) (31,688) 198,790 (100,000) (100,000) Contributions Funded with Reserves Vail Chapel Capital Contribution (500,000) (250,000) 250,000 (250,000) (250,000) Re-appropriate Vail Chapel last-in contribution $250k ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) (100,000) Mountain Travel Symposium (158,000) (145,848) 12,152 COVID-19 COVID Economic Development Expenses Digital Marketing Campaign "Work from Vail" Vail Community Relief Fund Commercial Rent Relief Program Net Increase /(Decrease) due to One- Time Items: 619,124 1,137,995 518,871 (400,000) 56,915 (343,085) Transfer to Housing Fund Transfer to/from Marketing & Special Events Fund (2,425,085) (1,825,000) 600,085 (1,500,000) (1,500,000) Transfer to Other Funds (291,938) (291,938) - (1,200,000) (1,200,000) Revenue Over (Under) Expenditures Surplus (Deficit) Net of Transfers and One-Time Items 5,327,571 9,513,525 4,185,954 (3,025,343) (1,428,012) (4,453,355) Beginning Fund Balance 44,426,118 44,426,118 53,939,643 53,939,643 Ending Fund Balance 49,753,689$ 53,939,643$ 50,914,300$ 49,486,288$ As % of Annual Revenues 88%95%99%96% EHOP balance included in ending fund balance - not spendable 136,165$ 1,526,018$ 1,526,018$ 16,396$ 1,542,414 TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 9 88 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actual (Unfavorable) 2023 Supplemental Amended Total Sales Tax Revenue:39,950,000$ 40,806,540$ 856,540$ 34,000,000$ -$ 34,000,000$ Sales Tax Split between General Fund & Capital Fund 62/38 61/39 61/39 62/38 62/38 Sales tax split 62/38 Sales Tax - Capital Projects Fund 15,179,000$ 16,035,540$ 856,540$ 12,920,000$ -$ 12,920,000$ Use Tax 1,965,000 2,189,230 224,230 2,000,000 - 2,000,000 Based on 5-year average Construction Fees / Traffic Impact Fees 1,500,000 - (1,500,000) - - - Franchise Fee 204,000 218,151 14,151 1,000,000 - 1,000,000 2023: Utilize Franchise Fee for Holy Cross underground utilities project: 1% Holy Cross Franchise Fee approved in 2019; 2022-2035 based on 2% annual increase Federal Grant Revenue 1,650,000 5,441 (1,644,559) - 1,650,000 1,650,000 2023: Re-appropriation of $1.65M grant from Hickenlooper/Bennet federal grant award for two additional electric buses Other County Revenue 462,333 380,259 (82,074) - 111,333 111,333 2023: Re-appropriate $50K for VLMD reimbursement for Welcome Center displays; re-appropriate $61.2K grant for share of SOU robot;; 2022: $61.3K from Eagle County and Town of Avon for shared cost of SOU; $50K from VLMD towards WC displays; $351K from ERWSD for Frontage Road Improvements project Other State Revenue 4,179,031 - (4,179,031) 250,000 4,171,158 4,421,158 2023: reappropriate $1.8M CDOT grant towards two electric buses; $2.1M CDOT grant for four electric buses; $255.7K CDOT grant for four electric bus chargers; $36K grant for electric car charging infrastructure Lease Revenue 164,067 123,409 (40,658) 164,067 - 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K) Employee Rental Housing Sales 295,000 297,589 2,589 - - - Sale of Vail Heights #7 (purchased in 2015) Project Reimbursement 15,000 8,751 (6,249) - - - 2022: $15K reimbursement from Vail Health for new bus stop included in Frontage Rd project, and $351K ERWSD reimbursement for Frontage Rd. project Timber Ridge Loan repayment 463,043 463,043 - 462,999 - 462,999 2023: Payoff of TR Loan (originally budgeted to be paid off in 2028) Earnings on Investments and Other 112,865 (2,237) (115,102) 67,348 - 67,348 2023: 0.7% returns assumed on available fund balance Total Revenue 26,189,339 19,719,175 (6,470,164) 16,864,414 5,932,491 22,796,905 Facilities Facilities Capital Maintenance 357,687 370,486 (12,799) 590,000 - 590,000 2022: Fire Station interior paint ($35K), Fire Stations Radiant tube replacement ($25K); Library Skylight maintenance ($150K), Library book drop-off at Safeway ($6K) (Reimbursement above), PW roof repairs ($50K), Phase 3 of transit center skylight replacement ($50K); 2023: Fire Station II exhaust extraction system ($75K), Fire Station III Stucco patching/painting ($40K); library air handling replacement ($125), Bus barn gradient tube replacement ($50K); 2024: PW 30% roof replacement ($75K), Buzzard Park repairs ($75K), Buzzard Park roof repairs ($50K), transit office windows and doors ($25K), PW overhead garage door ($50K), PW carpet replacement ($50K); 2025: Fire Station II Overhead garage doors ($25K), Library Boiler Replacement ($25K); 2026: Lionshead Transit Center Repairs ($50K), Buzzard Park washer/dryer replacement ($15K); Transit Office carpet replacement ($15K) Municipal Complex Maintenance 1,549,407 5,210 1,544,197 205,000 1,531,398 1,736,398 2023: Reappropriate $1.5M for TOV facility maint of which $750k will be used towards Muni Air Handling replacement; 2023: Comm Dev boiler replacement ($100K), Comm Dev air handler replacement ($75K); 2024: PD roof replacement ($150K), PD boiler tube repairs ($50K); 3% annual increase 2025-2035 Building Energy Enhancement Projects - - - 25,000 - 25,000 Public Works Building Maintenance 300,000 - 300,000 80,000 100,000 180,000 2023: Re-appropriated $100K to relocate furnace and partial exterior paint. $80k Window replacement Welcome Center/Grandview Capital Maintenance 325,000 1,003 323,997 25,000 313,000 338,000 2023: Re-appropriate $213k to complete replacement of Welcome Center Display upgrades; Re-appropriate $100K for furniture replacement; 2022: $100K Furniture replacement in Vail Village Welcome Center; 2024: furniture upgrades ($50K); 3% annual increase 2025-2026 Welcome Center Display Upgrades - - - 13,000 - 13,000 2023: Welcome Center Display upgrades Employee Rental Units 11,088,649 8,836,065 2,252,584 2,500,000 2,252,583 4,752,583 2023: reappropriate $2.25M for TOV employee Rental Unit purchases. 2023 $2.5M Employee Rental Units purchases to Capital Fund; 2023-2027 Placeholder for TOV Employee Rentals Employee Rental Capital Maint 25,000 - 25,000 250,000 25,000 275,000 2023: Reappropriate $25K for Cap. Maint of TOV employee rental units. Transfer 2022 Capital maint budget for town owned rental units to Capital Fund Snowmelt Boilers Replacement 1,367,129 262,858 1,104,271 500,000 1,100,000 1,600,000 2023: Re-appropriate $1.1M for (3) BTU boiler replacements; $500k for TRC electric boiler replacements (2) 2022: $1.4M accumulated funds for the replacement of TRC 8 electric boilers (2 per year) Arabelle Snowmelt Boilers - - - 190,000 - 190,000 2023: Shared expense with Arrabelle for streetscape heat; Boiler replacement TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 1089 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actual (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Donovan Pavilion Remodel 15,000 8,781 6,219 25,000 - 25,000 2023: $25K annual capital maintenance budget Fire Sprinkler Upgrades at Bus Barn - - - 100,000 - 100,000 2023-2024: Update Fire Sprinkler system in bus barn to accommodate needs of expanded electric bus fleet; 2023 includes $100K for design with $500K in 2024 for installation Public Works Shops Expansion 1,827,316 1,570,279 257,037 - 257,037 257,037 2023: Re-appropriated $257K to pave the ring road on western side of project. Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan Total Facilities 16,855,188 11,054,682 5,800,506 4,503,000 5,579,018 10,082,018 Parking Parking Structures 1,161,429 739,172 422,257 940,000 350,000 1,290,000 Re-appropriate VTC stair #5 replacement $300k and $50k ebike parking/charging. 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Oversized Parking Area 2,100,000 9,660 2,090,340 - - - 2022: $100K for Design and survey costs for new oversized parking area; $2.0M placeholder for Construction of surface parking lot Parking Entry System / Equipment 1,510,410 1,301,702 208,708 - 243,708 243,708 2023: Re-appropriate $209K for ongoing costs of the new parking system; $35K additional parking system costs 2022: $1.2M for a new parking system; $312K for 5 year up front cost of subscription software Red Sandstone Parking Structure (VRA)23,855 350 23,505 - - - 2022: Re-appropriate $23.8K to build fence at parking structure; 2024: $70K structure resealing, 2026: $50K Concrete patch replacement Lionshead Parking Structure Landscape Renovations (VRA) 30,291 - 30,291 - 20,000 20,000 2023: Re-appropriate $20K to complete landscaping at the Lionshead parking structure; 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacement Total Parking 4,825,985 2,050,884 2,775,101 940,000 613,708 1,553,708 Transportation Bus Shelters 30,000 1,511 28,489 230,000 28,489 258,489 2023: Re-appropriate remaining budget to complete 4th shelter ($28K) Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelter; 2023/2024 Includes 10 new bus shelters in Vail at 10 busiest locations (5/year) Replace Buses 9,850,000 3,357 9,846,643 - 9,846,643 9,846,643 2023: Re-appropriate bus replacements, 6 anticipated in 2023; 2022: 2 electric buses ordered in 2023 to be delivered in 2024 ($2.2M); Move forward $6M from 2023 budget to purchase 6 electric buses; $1.65M for 2 more electric buses paid by Hickenlooper federal grant dollars; 2021: Re-appropriate $3.5M for buses ordered in 2020 with delivery in 2021; Bus Wash Equipment - - - 300,000 - 300,000 2023: Replace Bus Wash System with simpler more reliable drive through brush system. Current system is six years old is consistently breaking down Bus Sign Replacement - - - 165,270 - 165,270 2023: Replacement of 15 intown electric bus signage with Sunrise 2-line CDP. The current Daktronics signs are 9 years old and at the end of their useful life. The Sunrise signs give transit the ability to display real time bus arrival information, as well as post messages about route impacts and service changes riders may experience. Traffic Impact Fee and Transportation Master Plan Updates 381,785 108,681 273,104 - 273,104 273,104 2023: Re-appropriate $273K for ongoing updates to the mobility and transportation master updates. 2022: $75K for big data analysis and public outreach on Transp. Master Plan update project. Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K) Hybrid Bus Battery Replacement 165,000 - 165,000 - 165,000 165,000 2023: Re-appropriate $165k placeholder incase of failure. 2022: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet Electric bus chargers and electrical service rebuild 432,675 5,655 427,020 - 397,020 397,020 2023: Re-appropriate $397K for electric bus infrastructure. 2022: Supplement $30K to include W Vail Fire Station charging station and 5 year subscription. Re-appropriate $147K for electric bus infrastructure; $255K additional funding from CDOT grant; 2021:$1.3M to continue to construct electric bus charging station and electrical service infrastructure at Lionshead and Vail Village Transit centers; $1.1M in grant revenue will offset cost of this project Total Transportation 10,859,460 119,204 10,740,256 695,270 10,710,256 11,405,526 Road and Bridges Capital Street Maintenance 1,169,000 1,117,322 51,678 1,350,000 - 1,350,000 2022: Transfer $211K to Bighorn Rd oversize turnaround; Transfer $25K to bridge repairs. On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K) 1190 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actual (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Street Light Improvements 294,369 - 294,369 75,000 290,000 365,000 2023: Re-appropriate street light replacements, town now has electrical supervisor to complete work $290K; Town-wide street light replacement Slifer Plaza/ Fountain/Storm Sewer 71,417 703 70,714 - 70,714 70,714 2023: Re-appropriate $70.7k for water quality smell issues. 2022: Re-appropriate $71.4K for water quality vault ongoing repairs Vail Health / TOV Frontage Road improvements 3,387,820 1,496,012 1,891,808 - 250,000 250,000 2023: Re-appropriate remaining expenses for roundabout project, landscape and signage $250K. 2022: VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA in 2021, Traffic impact fee ($1.5M), Timing of this project is pending the Civic Center Master Plan Neighborhood Bridge Repair 125,000 31,801 93,199 1,400,000 93,199 1,493,199 2023: Re-appropriate $93k for bridge repairs, project to be constructed this year. 2022: Transfer $25K from Street Mtce to cover bridge repairs Move forward $100K from 2023 budget to begin design of Bighorn Rd Bridge rails and culvert replacement; $800K budgeted for construction in 2023 Seibert Fountain Improvements 27,888 806 27,082 - 27,082 27,082 2023: Re-appropriate $27k for continued upgrades. 2022: Final payments for Fountain software system and valve upgrades at Seibert Fountain Bighorn Rd oversize Turnaround 297,000 296,143 857 - - - 2022: Construction of oversized turnaround at Bighorn Rd approved by Council on September 9th Roundabout Lighting Project 50,000 - 50,000 1,750,000 50,000 1,800,000 2023: Re-appropriate $50k for roundabout lighting project design, project to be bid this year. 2022: Move forward $50K to design roundabout lighting project. The 2023 budget includes $2.5M and proposes to install new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such as traffic cameras Neighborhood Road Reconstruction 1,463,175 147,474 1,315,701 300,000 1,315,701 1,615,701 2023: Re-appropriate $1.3M for East Vail road draining improvements, to be constructed this year. 2023 includes additional $300K for increased construction costs; 2027: Placeholder for Road Maint 2022: Re-appropriate $1.5M for East Vail road Major Drainage Improvements construction Vail Village Streetscape/Snowmelt Replacement 1,250,000 66,039 1,183,961 250,000 1,183,961 1,433,961 2023: Re-appropriate $1.2M Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Lionshead Streetscape/Snowmelt Replacement (VRA)- - - 1,500,000 - 1,500,000 2023-2024: Replacement of 18 yr. old streetscape and snowmelt infrastructure in Lionshead Total Road and Bridge 8,135,669 3,156,299 4,979,370 6,625,000 3,280,657 9,905,657 Technology Town-wide camera system 60,000 28,909 31,091 30,000 - 30,000 $30K Annual maintenance Audio-Visual capital maintenance 96,750 80,104 16,646 110,000 45,000 155,000 2023: Re-appropriate $45K for council chambers upgrade. 2022: Reduce audio visual budget for annual operating cost for security camera software support; Re-assessment and update of A/V and videoconferencing solutions town-wide ($132K); '$18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2021: $100K Welcome Center video wall replacement; 2023: Update of Grandview/Library/Community room/Donovan A/V systems CyberSecurity - - - 150,000 - 150,000 Annual 'Investment in cybersecurity, to keeps up with the ongoing changes that are required to maintain a safe and secure computing environment (previously budgeted in software licensing); 2023: Includes additional firewall purchase Document Imaging 50,000 7,640 42,360 - - - Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for Laserfiche Software Licensing 725,000 721,847 3,153 725,000 - 725,000 Annual software licensing and support for town wide systems Hardware Purchases 75,000 68,589 6,411 75,000 - 75,000 2021-2025: $75K for workstation replacements (20-25 per year); 2021: Time Clock Replacement ($125K); workstation replacements ($50K); Website and e-commerce 80,000 79,354 646 60,000 - 60,000 2022-2026: Annual website maintenance ($60K); 2022 includes $10K to continue website migration to Granicus; 2026: Placeholder to reevaluate current system and asses the need to upgrade Fiber Optics / Cabling Systems in Buildings 640,000 96,451 543,549 100,000 528,549 628,549 2023: Re-appropriate $528.5K for project implementation. Planning stage taking longer than anticipated. 2022: $675K to add additional fiber infrastructure to connect critical IT equipment locations including the Village parking structure; the Muni Building; LH Parking Structure; and the West Vail Fire Station 2022-2027: Repair, maintain & upgrade cabling/network Infrastructure $50K Network upgrades 55,000 64,388 (9,388) 50,000 - 50,000 Computer network systems - replacement cycle every 3-5 years; Data Center (Computer Rooms)155,000 129,299 25,701 150,000 - 150,000 2022: Includes $150K for Data Center equipment annual maint agreement (2 year agreement); $30K Maint; 2023-2027: $150K data center maint Broadband (THOR)98,300 97,824 476 110,000 - 110,000 2022: $94.8K annual broadband expenses, potential future revenue; 2023/2024;$110K annual broadband expenses Phone System - - - 100,000 - 100,000 2023: Avaya phone system upgrade/replacement 1291 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actual (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Business Systems Replacement 55,000 - 55,000 70,000 55,000 125,000 2023: Re-appropriate $55k for HR Performance mgmt. system. 2022: HR Performance mgmt. system ($55K). 2023: Placeholder for Budget Software ($40K); 2023/2025/2027: $30K every other year for parking system upgrades; 2026: Placeholder for Business System Replacements Total Technology 2,090,050 1,374,406 715,644 1,730,000 628,549 2,358,549 Public Safety Public Safety System / Records Mgmt. System (RMS) 36,000 4,287 31,713 - - - $25K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System";2022: Includes $11.0K for PD Brazos system Public Safety IT Equipment 25,000 25,020 (20) 150,000 - 150,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; Public Safety Equipment 289,628 208,383 81,245 281,548 156,147 437,695 2023: $17.1K for flock safety LPR cameras; $14.8K for 11 additional AED units, $32.2K Axon body camera equipment-annual cost. Reappropriate SOU robot, received in 2023 $92k. 2022 $101.5K for body worn camera system; $92K for SOU robot; $16.8K Police equipment for patrol cars; $5K increased cost of barriers; Gas masks ($14.5K), Livescan systems ($16.5K); PD truck sign ($13K), 2 additional event barriers ($30.7K); 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; $101.5K per year for body worn camera system Fire Safety Equipment 35,000 10,721 24,279 - 15,000 15,000 2023: Re-appropriate backordered equipment, $27K. 2022: Re-appropriate Wildland personnel protection equipment ($25K); $45K knox box system replacement/upgrade; 2026: $16K drone expansion; $35K Extrication Equipment; 2027: $368K Self Contained Breathing Apparatus Replacement Thermal Imaging Cameras 12,000 - 12,000 - 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriers Event Equipment - - -- 12,022 12,022 2023: Apres event tent $12K funded by transfer from Marketing Fund. Event trailer and moveable barricades to provide barriers for vehicle entry into event areas Fire Station Alert System 230,000 216,663 13,337 18,000 - 18,000 2023: $18K for additional forcible entry training prop reducing need for East Vail crew to travel to West Vail for this type of training; 2022: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Deferred $198K from 2020 Fire Truck Replacement 2,746,300 841,573 1,904,727 540,000 1,727,162 2,267,162 2023: Re-appropriate $1.7M for ladder truck replacement under contract. 2023: Type III Truck (heavy wildland engine); 2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; $540K for replacement of Engine I purchased in 2011 (Truck was ordered in 2022 but unable to be delivered); Replacement of Ladder truck (aerial apparatus) purchased in 2000 ($1.7M); 2027: E3 Regular Fire Engine Replacement Total Public Safety 3,373,928 1,306,648 2,067,280 989,548 1,922,331 2,911,879 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation 325,545 243,380 82,165 - 82,165 82,165 2023: Re-appropriate $82K to complete on-going east slope work. 2022: $70K increase budget for final clean-up and east side improvements of lot. Re-appropriate $255K for final costs; 2021: $2.7M for temporarily relocation of the Children's Garden of Learning Pepi's Memorial 6,000 - 6,000 - 6,000 6,000 2023: Re-appropriate $6K for artist design of Pepi's Memorial in Pepi's Plaza; Construction currently not budgeted Loading and Delivery Capital 125,000 8,666 116,334 200,000 50,000 250,000 2023: Reappropriate $50k to cover potential increased costs of EV Carts. Capital asset purchases to support the loading and delivery program Energy Enhancements 97,294 78,382 18,912 40,000 48,912 88,912 2023: Reappropriate $48.9K for EV Charging infrastructure. 2022: Re-appropriate $61.3K for Electric car charges and infrastructure at various town locations; $36K new grant for electric infrastructure. 2023-2027: Installation of EV stations to meet increased demand. There is potential for grants to offset the initial capital cost of the equipment and installation Pedestrian Safety Enhancements 25,000 8,788 16,213 350,000 16,213 366,213 2023: Re-appropriate $16K for lighting crossing at Safeway. $25K for planning and design for lighting replacement project; 2023: Construction of RRFB Pedestrian Crossing at Safeway; 2025/2026 Pedestrian Improvements through Main Vail Underpass Bollard Installation Project - - - 650,000 - 650,000 Installation of retractable and standard bollards throughout the Vail & Lionshead Villages and Ford Park ($250K MMOF Grant in 2023); possible additional grant opportunities in 2024/2025) 1392 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actual (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Civic Area Redevelopment 100,000 43,000 57,000 1,000,000 57,000 1,057,000 2023: Re-appropriate $57k for Dobson and lot 10 park designs. 2022: $100K to explore outcomes of the Civic Center Master Plan such as feasibility studies / design (includes $50K for Dobson structural engineering study and $50K for preliminary Lot 10 park design) 2023: $1.0M placeholder for Civic Center projects. Underground Utility improvements 17,959 17,932 27 2,500,000 - 2,500,000 2022:$15.5K to finalize Big Horn underground utility project; 2023: Underground HCE from Main Vail to East Vail in conjunction with fiber conduit Guest Services Enhancements/Wayfinding 152,307 - 152,307 750,000 152,907 902,907 2023: Re-appropriate $153k to for wayfinding sign project, final vendor decision pending. 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K); 2023: Updated Parking and Transit signage; 2026: VMS Replacements; 2027: Updated Wayfinding Signage Program Timber Ridge Redevelopment 50,000 - 50,000 - - - Placeholder for Timber Ridge Redevelopment Electric Vehicle Pilot Program - - - 120,000 - 120,000 2023: Purchase Ford F150 Lightning and Sedan Tesla Model 3 to support Council's goal of an electric vehicle fleet. These vehicles would be rotated into for departments to test capabilities and range. Vehicle Expansion 494,500 394,984 99,516 342,000 125,752 467,752 2023: Re-appropriate $99K for 2 PD expansion cars, due to order timing; $26K increase in cost for 2 PD Cars. 2022: 5 (of 12) vehicles for PD take-home program, detective take-home vehicle; fire inspector vehicle, wildland crew vehicle; 2023: 5 PD take-home vehicles ($342); Parking Department Nissan Leaf ($33K); 2024: 2 PD take-home vehicles (final stage of program implementation) Total Community and Guest Service 1,393,605 795,131 598,474 5,952,000 538,949 6,490,949 Total Expenditures 47,533,885 19,857,255 27,676,630 21,434,818 23,273,468 44,708,286 Other Financing Sources (Uses) Debt Service Payment (1,155,712) (1,156,962) 1,250 (1,154,784) - (1,154,784) Debt Payment for PW Shops Transfer from Vail Reinvestment Authority 2,302,146 2,291,996 10,150 2,550,000 - 2,550,000 2022: $70K for CGL boulder wall; $30.3K LH parking structure landscaping; $1.5M reimbursement for Frontage Rd roundabout; $256K to complete new CGL building; $23K for Red Sandstone parking structure safety fence; $350K LH electric snowmelt boiler; $50K LH parking capital maint; 2023-2024: Lionshead streetscape/snowmelt replacement; 2025/2026: Improvements to S. Frontage Rd Medians Transfer to Residences at Main Vail (6,147,204) (1,221,760) (4,925,444) (825,000) (4,925,444) (5,750,444) 2023: Re-appropriate transfer to Residences at Main Vail Fund for funding beyond bond proceeds and to cover annual debt service payments Transfer to Housing Fund (7,852,702) (7,852,702) - (2,500,000) - (2,500,000) 2023: $2.5M for Vail InDeed 2022: $2.5M InDeed; 2021: Transfer to Housing Fund; 2.5M per year; $2.0M for RMV Opportunity fee; $5.4M Transfer for HF Beginning balance for FS Transfer from Marketing Fund - - - - 12,022 12,022 Transfer from Marketing Fund for Apres Tent Transfer from General Fund 20,000 20,000 - - - - Transfer from Police Seizure Funds to cover K-9 vehicle ($20K) Total Other Financing Sources and Uses (12,833,472) (7,919,428) (4,914,044) (1,929,784) (4,913,422) (6,843,206) Revenue Over (Under) Expenditures (34,178,018) (8,057,508) (39,060,838) (6,500,188) (22,254,399) (28,754,587) Beginning Fund Balance 49,406,514 49,406,514 15,228,496 41,349,007 Ending Fund Balance 15,228,496 41,349,007 8,728,308 12,594,419 1493 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actuals (Unfavorable) 2023 Supplemental Amended Real Estate Transfer Tax 9,707,414$ 9,603,456$ (103,958)$ 7,000,000$ -$ 7,000,000$ 2022: Based on 5-year average; 2023-2035: 2% annual increase Golf Course Lease 171,700 181,507 9,807 173,417 - 173,417 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" below Intergovernmental Revenue 450,000 70,714 (379,286) 300,000 428,000 728,000 2023: $55K from Eagle County for wildfire mitigation; Reappropriate $300K ERWSD reimbursement for Dowd Junction retaining wall project; $50K for shift bike program ($22K to reimburse TOV remainder for county-wide program);$22.5K CPW bear education grant; $500 reimbursement from Avon for sustainable landscaping workshop; $30K lottery proceeds used annual for park projects; $270K CDPHE Grant for water quality projects; 2022: $40K from Eagle County for wildfire mitigation; $20K lottery proceeds; $50K reimbursement from VLMD for Welcome Center displays; $300K re-appropriation from ERWSD for Dowd Junction retaining wall; Project Reimbursements 11,200 25,128 13,928 50,000 - 50,000 2023: $50K Nature Conservancy Grant to implement fuels treatment projects; 2022: VRD reimbursement for annual Synexis $11.2K Donations 46,599 4,250 (42,349) - 13,221 13,221 2023: $32.4K Re-appropriate unused East West donation for Ford Park art space Recreation Amenity Fees 10,000 6,190 (3,810) 10,000 - 10,000 $10K annually Earnings on Investments and Other 166,375 120,406 (45,969) 89,176 - 89,176 2023: $40K use of bag fees for two hard-to-recycle events and one Town Clean Up Day; $30K Bag fee for plastic bag expansion in compliance with state policy; '2022: $25K use of bag fees for water intern and programming. Corresponding expense below; 2023 0.4% interest rate assumed, 2024-2026: 0.7% interest rate assumed Total Revenue 10,563,288 10,011,651 (551,637) 7,622,593 441,221 8,063,814 Management Fee to General Fund (5%)485,371 480,173 5,198 350,000 - 350,000 5% of RETT Collections - fee remitted to the General Fund for administration Wildland Forest Health Management 590,465 468,262 122,203 669,272 - 669,272 Transfer from GF for wages/benefits; Operating budget for Wildland Fire crew; 2022 includes additional 2.3 FTE Wildfire Mitigation 65,000 6,893 58,108 20,000 55,000 75,000 2023: $55K mitigation paid for by Eagle County. Continuation of curbside chipping program and other Fuels Reductions projects within the Town of Vail. 2022: $25K increase to participate in wildfire camera pilot program and $40K mitigation paid for by Eagle County. Implementation of Fuels Reductions projects and potential geological hazard study to update CWPP; 2022-2027: $20K annually to support wildfire mitigation projects as identified in the 2020 Vail Community Wildfire Protection Plan; NEPA for East Vail Hazardous Fuels Reduction 99,000 94,009 4,991 50,000 - 50,000 2023: $50K to implement fuels treatment projects reimbursed by a Nature Conservancy grant; Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction Project. This is a project which council has already voted to support, it consists of hazardous fuels reduction on USFS lands from East Vail to Red Sandstone Road; $49K increase in estimated NEPA costs as approved by Council Fire Free Five - Rebate program 200,000 170,100 29,900 225,000 30,000 255,000 2023: Roll forward unused Fire Free Five rebates unused in 2022 $30k. 2022-2025: $200K annually for the Fire Free Five Community Assistance Program provides funding to community members for the implementation of defensible space within the first five feet of the building; $25K to create publication to assist homeowners with implementation Wildfire Camera Pilot Program Placeholder 25,000 -25,000 - 2022 $25K increase to participate in wildfire camera pilot program Fire Free Five - TOV Implementation 200,000 154,383 45,617 150,000 45,617 195,617 2023 roll forward unused Fire Free Five- TOV facilities budget $46K; $150K Fire Free Five implementation at TOV facilities Total Wildland 1,179,465 893,647 285,818 1,114,272 130,617 1,244,889 Parks Annual Park and Landscape Maintenance 2,192,354 1,679,019 513,335 2,234,540 - 2,234,540 2023: $15k for holiday lights. Ongoing path, park and open space maintenance, project mgmt.; 2022: Includes $51.8K Transfer from GF for salaries/benefits Village Holiday Lighting Design 185,000 28,513 156,487 - - - 2022: This includes the costs of a consultant to assist the town in identifying alternative holiday decorations from traditional trees decoration; purchase two pre-lit trees for Vail Village and Lionshead as an alternative to decoration live trees Park / Playground Capital Maintenance 215,000 191,203 23,797 160,000 - 160,000 2022: $5K for increased expenditures for Ellefson sidewalks; $50K to replace playground equipment at 4 parks. $35K sidewalk repair to Ellefson Park sidewalks to coincide with turf project; Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance;2021: $125K annual Maint; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete project TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 1594 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actuals (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Pepi's Plaza - -- 50,000 - 50,000 2023: Placeholder for artist inspired tribute at Children's Fountain Fountain Repairs - -- 50,000 - 50,000 2023: Children's Fountain Water Quality Mayors Park Capital Maintenance 50,000 39,579 10,421 - 2,500 2,500 2023: Re-appropriate $2.5K to replace drinking fountain at Mayors Park. 2022: $50K Replace flagstone at Mayors Park Tree Maintenance 75,000 46,511 28,489 75,000 - 75,000 On going pest control, tree removal and replacements in stream tract, open space, and park areas Street Furniture Replacement 85,000 6,367 78,633 85,000 70,000 155,000 2023: Re-appropriate $70K to replace blue Covid picnic tables with more aesthetically pleasing option. Annual street furniture replacement Village Art Landscape Enhancements 50,000 41,636 8,364 135,000 44,364 179,364 2023: Re-appropriate $8.4K for landscape enhancements to areas around the 10th Mtn. Statute and Covered bridge areas; $36K increase for areas around the 10th Mtn Statue and Covered Bridge. 2023: Landscaping Enhancement of 10th Mtn Statue Site ($75K) and planting bed near Squash Blossom ($25K); Landscaping and excavation for "Male Baseball Player #1" donated sculpture on the upper playing fields of Ford Park ($35K). Stephens Park Safety Improvements 35,821 -35,821 - 15,000 15,000 2023: Re-appropriate $15K playground equipment Ford Park Master Plan 200,799 128,508 72,291 - 72,292 72,292 2023: Carryforward $72k for ongoing consultant fees. Council approved contract with WRT 6/22. Master Plan Revisions/Updates to address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion, conversion of fields to turf Ford Park- Betty Ford Way Pavers 1,200,000 1,083,493 116,507 - 116,507 116,507 2023: Re-appropriate $116K for remaining project costs under contract; Construction of new concrete unit paver roadway, new steel guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with BFAG Ford Park Enhancement: Priority 3 Landscape area 5,946 -5,946 - 5,946 5,946 2023: reappropriate $5.9K for landscaping at the Nature Center bridge Ford Park Lower Bench Turf/Irrigation - -- - - - 2024: Replacement of worn turf grass area and inefficient irrigation system Ford Park Playground Improvements 200,000 6,639 193,361 50,000 193,361 243,361 2023: reappropriate $193K for completion of safety improvements to the Ford Park play area 2022: Safety Improvements to the Ford Park play area including wooden bridge to boulder area, expansion to toddler area, ADA upgrades, and replacement of a safety net ($200K); 2023: Add $50K to 2022 Budget for increased costs; 2026: Renovation of Western half Ford Park Lighting Control System 180,000 -180,000 - 180,000 180,000 2023: Re-appropriate $180k to complete active contract to replace Ford Park lighting control system 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. Old Sunbird Park Fountain Repairs 3,430 -3,430 - 3,430 3,430 2023: Re-appropriate $3.4K for final bills; 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kids Vail Transit Center Landscape 32,817 4,383 28,434 - 20,000 20,000 2023: Re-appropriate $20K for completion of landscaping at Vail transit center. 2022: $32.8K for completion of landscaping at Vail transit center Turf Grass Reduction 199,862 182,254 17,608 - 220,000 220,000 2023: $220K continuation of turf grass reduction projects at Red Sandstone Underpass, Municipal Bldg. Frontage, and Main Vail Perimeter Areas Kindell Park/Mill Creek 149,862 -149,862 100,000 149,862 249,862 2023 : Re-appropriate $150k for improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship park - project is in design; 2023: riparian planting and improved pedestrian circulation along Mill Creek corridor ($100K) Donovan Park Improvements 57,000 -57,000 150,000 57,000 207,000 2023: Re-appropriated $57K for relandscaping on Donovan Park parking lot islands project is under contract; ; 2023: Replacement of play area decks and some equipment 2022: $35K Relandscaping on Donovan Park parking lot islands Gore Creek Promenade Rehabilitation 370,000 16,103 353,897 55,000 353,897 408,897 2023: reappropriate $354K for ongoing project, slated for fall 2023. Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket Park Total Parks 5,487,891 3,454,206 2,033,685 3,144,540 1,504,159 4,648,699 Rec Paths and Trails Rec. Path Capital Maint 139,717 132,475 7,242 165,000 7,242 172,242 2023: Re-appropriate $7.2K for Capital maintenance of the town's recreation path system; annual maintenance of the rec. path system $165K. 2022: $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path system Bike Safety 15,000 8,527 6,473 10,000 6,473 16,473 2023: Re-appropriate $6.5K for ongoing bike signage project; $10K annual cost for bike safety programs Bike Path Signage 35,000 11,983 23,017 25,000 23,016 48,016 2023 Re-appropriate $23K for ongoing trail signage project. 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfinding 1695 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actuals (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Pedestrian Bridge Projects 400,000 166,849 233,151 100,000 233,151 333,151 2023: Re-appropriate $233K for rehab of the pedestrian overpass. 2022-2027: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass Gore Valley Trail Bridge Replacement (ERWSD)40,000 -40,000 - - - 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD) Gore Valley Trail Fence Replacement at Dowd Junction 50,000 -50,000 - - - 2022: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence project East Vail Interchange Improvements 209,443 -209,443 - 209,443 209,443 2023: Re-appropriate $209K to continue East Vail interchange project, awaiting CDOT project completion to move forward; 2022: $209K to continue East Vail interchange project Dowd Junction repairs and improvements 799,155 32,029 767,126 - 767,126 767,126 2023: Re-appropriate $767K to continue Re-stabilization of Dowd Junction retaining wall; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSD (above) East Vail Interchange Trailhead parking lot expansion - -- - - - 2023: Expanded parking lot at East Vail Interchange trailhead Portalet Enclosures - -- 38,000 - 38,000 2023: Design and Construct screening/enclosures on trailhead port-a-lets Booth Lake Trailhead Parking Restroom 458,950 264,284 194,666 - 194,667 194,667 2023: Re-appropriate $195K for ongoing Installation of permanent restroom at Booth Lake trailhead for hikers; to be completed in spring '23; 2022: Installation of permanent restroom at Booth Lake trailhead for hikers Total Rec Paths and Trails 2,147,265 616,146 1,531,119 338,000 1,441,118 1,779,118 Recreational Facilities Golden Peak Pickleball Sound Barriers - -- 23,500 - 23,500 2023: Install Acoustic blocking panels on north and west fence sections Nature Center Operations 106,187 106,187 - 109,373 - 109,373 Nature Center operating costs(Contract with Walking Mountains) Nature Center Capital Maintenance 93,855 -93,855 - - - 2022: $55K placeholder for nature center maint and repairs; Wood siding and trim repairs ($11.4K), open rail fencing replacement ($13.4K); 2024: path and walkway repairs ($8.1K); 2025: signage ($16.6K); regravel access road ($9.8K); 2026: benches and tables; 2027: Slope roofing ($14.1K) Nature Center Redevelopment 383,522 -383,522 - 383,522 383,522 2023: Re-appropriate $383.5K for further planning and design for a nature center remodel; Nature Center Construction is currently unfunded Library Landscape and reading area 100,000 -100,000 - - - 2022: Exterior landscaping and site work enhancements for an outdoor reading area Total Recreational Facilities 683,564 106,187 577,377 132,873 383,522 516,395 Environmental Environmental Sustainability 705,386 705,181 205 692,829 - 692,829 Annual operating expenditures for Environmental department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.; $12k Sustainability intern, $10K Waste Education Intern paid for with bag fees; $20.9K transfer from GF for salary/benefits; $10.9K of additional funds for Clean-up Day Recycling and Waste Reduction Programs 275,320 131,781 143,539 222,000 86,500 308,500 2023: Re-appropriate $22.5K for ongoing Love Vail contract with Vermilion; reappropriate $30K for Ball Cup event program delayed by supply chain issues; reappropriate $15K for curbside compost pilot program expansion; reappropriate $18K for compost pilot for rebates for businesses; reappropriate $1K from Green Team for idling campaign. 2023: Actively Green($40K), Plastic Bag Expansion funded with bag fees ($30K), C&D Pilot ($5K), C&D Residential Phase 3 ($15K); C&D Commercial Phase 2 ($30K); Green Team ($2.5M), Love Vail website ($25K), Recycling hauls($25K), Farmers Market Zero Hero ($42K); Recycling Education ($7.5K)022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-appropriate $20.3K for pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers Market Zero Hero ($42K); Recycling Education ($17.5K); Ecosystem Health 554,793 316,204 238,589 212,500 368,500 581,000 2023: Re-appropriate $175k for Down Junction safe passage project, $150k for Biodiversity Study; $43.5K for bear education program partnership with CPW; 2023:$15K for Vail to host CO Communities for Climate Action retreat; Strategic Plan Completion ($10K), SD Contract ($25K), Trees for Vail ($7.5K), USFS Front Ranger Program ($55K); Wildlife Habitat Improvements ($100K); 2022: $175K placeholder for Dowd Junction wildlife crossing (partnership with CDOT); $14.7K for CO Communities for Climate Action retreat and $27K for partnership with Zinc Media for Sustainable Travel, CC4a ($3K), Biodiversity Study ($150K), Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat Improvements ($102.5K); Energy & Transportation 93,215 85,275 7,940 58,500 10,000 68,500 2023: Request to expand scope for solar study $10k. 2022-2024 Annual expenditures: Energy Smart Partnership contract ($40K), Solar Feasibility Study ($25K), EV Planning and analysis ($8K), Sole Power ($7.5K); 2022: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K); 2023: Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($10.0K); EV Share Event ($1K) 1796 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actuals (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX E-Bike Programs 193,000 191,262 1,738 273,000 28,000 301,000 2023: Ebike grant funds allocated to Eagle County organizations for shift bike program $28K;: E-Bike Share$225K; E-Nike Ownership program ($18K); $15K for E-Bike Rebate program E-Bike Share Infrastructure - 54,000 - 54,000 E-Bike Share Infrastructure- Gravel pads and bike racks Streamtract Education/Mitigation 50,000 44,048 5,952 50,000 6,452 56,452 2023: Re-appropriate $5.9K for continuation of "ten feet for the creek" campaign, $500 reimbursement for sustainable landscape. 2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge and storm drain art; 2021 also includes $20K re-appropriation for additional education Water Quality Infrastructure 2,016,541 111,477 1,905,064 - 1,905,064 1,905,064 2023: Re-appropriate for water quality infrastructure; $300K for snow dump cleanout and West Vail drainage grate replacement; 2021: Continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; 2021: $1.0M plus $750K deferred from 2020 Streambank Mitigation 125,000 52,017 72,983 75,000 72,983 147,983 2023: Re-appropriate $73K to contract consultant and purchase plants for riparian project along the Gore Creek through the Golf Course. 2021-2024 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K). Private Streambank Mitigation Program 150,000 31,792 118,208 - 118,208 118,208 2023: Re-appropriate to continue private streambank mitigation program $118K Booth Heights Open Space 12,000,000 -12,000,000 - 12,000,000 12,000,000 2023: Re-appropriate offer to Vail Resorts for the purchase of the Booth Heights Parcel Gore Creek Interpretive Signage 225,000 34,850 190,150 25,000 285,150 310,150 2023: Re-appropriate $190K for watershed map and installation at the Gore Creek Promenade; $95K requested increase in cost for material/labor costs higher than anticipated. 2022: $225K for watershed map and installation at the Gore Creek Promenade Total Environmental 16,592,295 1,807,925 14,684,369 1,662,829 14,880,857 16,543,686 Art Public Art - Operating 139,280 139,280 - 165,888 - 165,888 $2.7K Transfer from GF for salary/benefits; Art in Public Places programming and operations Public Art - General program / art 428,960 53,793 375,167 60,000 375,167 435,167 2023: Re-appropriate $375K to purchase sculptures, artwork, art programs and events; the remainder is re-appropriated each year to accumulate enough funds. Public Art - Winterfest 64,746 4,861 59,885 30,000 59,885 89,885 2023: Re-appropriate $60K for annual Winterfest program; 2023: $30K Winterfest budget. 2022: $64.7K for annual Winterfest programming Seibert Memorial Statue 12,692 500 12,192 - 12,192 12,192 2023: Reappropriate $12.7K for Pete Seibert Memorial statue maintenance. 2022: $12.7K for Pete Seibert memorial statue maintenance Art Space 882,259 19,211 863,048 - 863,048 863,048 2023: Re-appropriate $863k for design phase for Ford Park art space- see corresponding donation from East West above. Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds. 2022: Design phase for Ford Park art space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds Total Art 1,527,937 217,645 1,310,292 255,888 1,310,292 1,566,180 Community Council Contribution: Betty Ford Alpine Garden Support 74,649 74,649 - 76,888 - 76,888 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase Council Contribution: Eagle River Watershed Support 42,000 42,000 - 42,000 - 42,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Trail Alliance 17,500 17,500 - 17,500 - 17,500 Adopt A Trail Council Contribution for trails in or bordering the Town Council Contribution: Eagle Valley Land Trust 5,000 5,000 - - - - Eagle Valley Land Trust Council Contribution Total Contributions 139,149 139,149 - 136,388 - 136,388 VRD-Managed Facilities & Maintenance Recreation Enhancement Account 883,365 -883,365 173,417 181,507 354,924 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($181.5K) Recreation Facility Maintenance 22,000 -22,000 22,000 22,000 44,000 2023: Reappropriate $22K for contingency; Annual $22K for general RETT facility maintenance; Synthetic Turf Replacement - -- 472,000 - 472,000 2023: Replacement of Ford Park Synthetic Turf Infield originally installed in 2012 and past it's useful life of 7 years. Golf Clubhouse 79,496 40,901 38,595 31,295 38,595 69,890 2023: reappropriate $39K for completion of Golf Clubhouse projects. 2023: Concrete walkways ($12.4K), Drain pains/curb gutters ($18.9K); 2024: roofing/heat tape repairs ($12.8K); 2022: Exterior paint & stain ($24K), Sewage and roof forensic study ($8K), placeholder for repairs and maint as result of the study ($47.5K); 2023: Concrete walkways ($12.4K), Drain pains/curb gutters ($18.9K); 2024: roofing/heat tape repairs ($12.8K); 2025: circulation pumps ($83.3K); clubhouse signage ($8.5K); 2026: Stucco/stone ($32.7K), wood trim ($23.5K) 1897 Includes New Request Proposed 2022 2022 Favorable 1st 2023 Amended Actuals (Unfavorable) 2023 Supplemental Amended TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Athletic Field Restroom/Storage Building 1,000,000 -1,000,000 - 1,000,000 1,000,000 2023 :Re-appropriate $1M for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage building. Project was delayed to address additional needs outlined in the Ford Park Master Plan Golf Course - Other 585,751 397,520 188,231 236,874 188,231 425,105 2023: Re-appropriate $188K for completion of golf course projects. 2022: $216K for golf course greens project; VRD shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K); 2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not completed; course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M) Dobson Ice Arena 614,756 10,106 604,649 41,085 604,649 645,734 2022: Rockwall Repairs ($12.8M), concrete walkways ($17.7K); 2021: Re-appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim ($9.3K); Repairs to exterior doors ($80.0K) Ford Park / Tennis Center Improvements 175,510 3,387 172,124 - 172,124 172,124 2022: Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); 2021: $141K for golf course maintenance scheduled in 2020 but not completed; Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K) Athletic Fields 239,226 -239,226 - 239,226 239,226 2023: Re-appropriate $239K for Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K); 2022: Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K);Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K); 2024: Asphalt parking lot repairs ($8.7K); 2025: asphalt parking lot ($77K) Gymnastics Center 282,789 11,444 271,345 20,000 271,345 291,345 2023: Re-appropriate $272K for completion of the restroom remodel and cooling system. 2023 $20k additional costs for cooling system. 2025: Furnace ($20.9K), Elevator ($20.9K); waterproof roof ($62.4K); signage and rd. access ($27.1K); concrete stairs and walkways (3.0K) Total VRD-Managed Facilities & Maintenance 3,882,893 463,359 3,419,534 996,671 2,717,677 3,714,348 Total Expenditures 32,125,831 8,178,437 23,847,392 8,131,461 22,368,242 30,499,702 Other Financing Sources (Uses) Transfer from General Fund 109,546 109,546 - - - - Transfer from GF for RETT department salary and benefits Revenue Over (Under) Expenditures (21,452,997) 1,942,760 (24,399,028) (508,868) (21,927,021) (22,435,888) Beginning Fund Balance 28,077,540 28,077,540 6,624,543 30,020,300 Ending Fund Balance 6,624,543$ 30,020,300$ 6,115,676$ 7,584,412$ 1998 (Unaudited)Proposed 2022 2022 Favorable 2023 1st 2023 Amended Actuals (Unfavorable) Budget Supplemental Amended Revenue Housing Sales Tax 4,813,000$ 4,957,980$ 144,980$ 4,125,000$ -$ 4,125,000$ Housing Fee in Lieu Annual Collections 46,000 52,425 6,425 - - - Transfer in from Capital Projects Fund 2,500,000 2,500,000 - 2,500,000 - 2,500,000 Transfer in from General Fund - - - 1,200,000 - 1,200,000 Workforce Housing Sales 1,689,000 1,251,730 (437,270) - 879,000 879,000 Sales of Vail Heights #10 in 2023 ($429K); purchased in 2022; Sales of North Trail Townhome ($450K) Total Revenue 9,048,000 8,762,136 (285,864) 7,825,000 879,000 8,704,000 Expenditures Housing Programs InDeed Program 3,194,334 256,089 2,938,245 2,500,000 2,938,245 5,438,245 Re-appropriate unused InDeed Funds Buy Down Housing 71,609 - 71,609 - 78,034 78,034 Re-appropriate $71.6K of Buy-Down Funds; Allocate $6.4K of housing fee in lieu received in Dec 2022 Future Purchases 2,900,000 - 2,900,000 - 1,500,000 1,500,000 $1.5M placeholder to purchase buy-down units to be resold to community North Trail Townhomes Unit D 307,000 308,629 (1,629) - 127,725 127,725 Remodel for resale of unit later in the year ($125K); $2.75K for utilities until sold Vail Heights #10 548,000 548,904 (904) - - - Pitkin Creek 12-L unit 976,288 977,643 (1,355) - - - Chamonix unit B 634,940 636,403 (1,463) - - - Construction Housing Projects Timber Ridge Redevelopment Placeholder 195,000 - 195,000 500,000 195,000 695,000 Rollover Timber Ridge Redevelopment plan implementation, did not occur in 2022. W. Middle Creek Development Placeholder - - - 500,000 - 500,000 Residences at Main Vail Opportunity Fee 2,000,000 - 2,000,000 - 2,000,000 2,000,000 Reappropriate RMV Opportunity Fee (Final payment when completed) Land Purchases for future Housing East Vail CDOT Parcel 2,650,000 - 2,650,000 - 2,650,000 2,650,000 Reappropriate Purchase of East Vail Parcel Total Expenditures 13,477,171 2,727,668 10,749,503 3,500,000 9,489,004 12,989,004 Operating Income (4,429,171) 6,034,468 10,463,639 4,325,000 (8,610,004) (4,285,004) Beginning Fund Balance (Transfer from CPF)5,352,702 5,352,702 5,236,474 11,387,170 Ending Fund Balance 923,531$ 11,387,170$ 9,561,474$ 7,102,166$ SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND TOWN OF VAIL PROPOSED 2023 PROPOSED AMENDED BUDGET 20 99 (Unaudited) 2022 2022 Favorable/ 2023 1st Amended Amended Actual (Unfavorable) Budget Supplemental Budget Revenue Rental Income - - - 725,802 - 725,802 Other Income - - - 48,000 - 48,000 Total Revenue - - - 773,802 - 773,802 Expenses Operating, Maintenance & Contracts - - - 362,305 - 362,305 Capital Outlay 27,463,201 13,096,898 14,366,303 - 14,366,303 14,366,303 Reappropriate remaining construction costs Total Expenditures 27,463,201 13,096,898 14,366,303 362,305 14,366,303 14,728,608 Revenue Over Expenses (27,463,201) (13,096,898) (14,366,303) 411,497 (14,366,303) (13,954,806) Other Financing Sources (Uses) Fiscal Agent fees (3,000) (1,250) 1,750 - (3,000) (3,000) Fiscal agent fees Principal Repayment (315,000) (315,000) - (415,000) - (415,000) Interest Income - 149,681 149,681 - - - Interest Expense (905,578) (905,510) 68 (800,388) - (800,388) Transfer from Capital Projects Fund 6,147,204 1,221,760 (4,925,444) 825,000 4,925,444 5,750,444 Reappropriate transfer Total Other Financing Sources (Uses)4,923,626 149,680 (4,773,946) (390,388) 4,922,444 4,532,056 Change in Net Position (22,539,575) (12,947,218) (19,140,248) 21,109 (9,443,859) (9,422,750) Net Position- Beginning 22,539,575 22,539,575 - - 9,592,357 Net Position- Ending -$ 9,592,357$ 21,109$ 169,607$ TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE RESIDENCES AT MAIN VAIL 21 100 (Unaudited)Proposed 2022 2022 Favorable 2023 1st 2023 Amended Actual (Unfavorable) Budget Supplemental Amended Revenue Business Licenses 345,000$ 363,223$ 18,223$ 345,000$ -$ 345,000$ Transfer in from General Fund 2,425,085 1,825,000 (600,085) 1,500,000 - 1,500,000 VLMD Contribution - - - 1,200,000 - 1,200,000 Event Reimbursements/Shared Costs 152,500 127,500 (25,000) - - - Earnings on Investments 1,000 (3,334) (4,334) 250 - 250 Total Revenue 2,923,585 2,312,389 (611,196) 3,045,250 3,045,250 Expenditures Commission on Special Events (CSE) CSE Funded Events 759,648 669,390 90,258 - - CSE Surveys 54,000 36,688 17,313 54,000 - 54,000 Education & Enrichment 144,530 144,007 523 154,530 - 154,530 Visitor Draw - - - 684,648 - 684,648 Recreation - - - 75,000 - 75,000 Signature Events:1,095,252 1,095,252 Bravo!311,657 311,657 - - - - Vail Jazz Festival 85,000 85,000 - - - - Vail Valley Foundation - Mountain Games 140,000 140,000 - - - - Vail Valley Foundation - GRFA 55,125 55,125 - - - - Vail Valley Foundation - Dance Festival 60,000 60,000 - - - - Snow Days 300,000 - 300,000 - - - Spring Back to Vail - - - - - - Town Produced Events:766,000 766,000 Vail Apre Spring Series 250,000 253,470 (3,470) - - - Employee Celebration & Concert (Spring)75,000 10,079 64,921 - - Magic of Lights 50,000 - 50,000 - - - Revely Vail 145,000 133,398 11,602 - - - Vail Holidays Funding 25,000 20,739 4,262 - - - Vail America Days 80,000 71,136 8,864 - - - NYE/4th of July Display 116,000 100,000 16,000 - - - Ambient Event Funding:- Music in the Villages 250,000 196,661 53,339 154,530 (12,022) 142,508 Transfer $12K to CPF for event tent purchase Cultural Heritage: Pioneer Weekend 8,000 8,000 - - - - National Brotherhood of Skiers - - - 125,000 - 125,000 Other Council Funded Events Collection Fee - General Fund 17,250 18,161 (911) 17,250 17,250 Total Expenditures 2,926,210 2,313,510 612,700 3,126,210 (12,022) 3,114,188 Revenue Over (Under) Expenditures (2,625) (1,121) (80,960) 12,022 (68,938) Beginning Fund Balance 409,749 409,749 407,124 408,628 Ending Fund Balance 407,124$ 408,628$ 326,164$ 339,690$ TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 22 101 (Unaudited)Proposed 2022 2022 Favorable/ 2023 1st 2023 Amended Actuals (Unfavorable) Budget Supplemental Amended Revenue Town of Vail Interagency Charge 3,897,518$ 3,523,352$ -$ 4,224,129$ -$ 4,224,129$ Insurance Reimbursements & Other 63,611 83,159 19,548 25,000 - 25,000 Earnings on Investments 2,000 1,939 (61) 810 - 810 Equipment Sales and Trade-ins 126,890 211,106 84,216 294,238 - 294,238 Total Revenue 4,090,019 3,819,556 103,702 4,544,177 - 4,544,177 Expenditures Salaries & Benefits 1,273,328 905,002 368,326 1,344,321 - 1,344,321 Operating, Maintenance & Contracts 2,087,098 1,784,941 302,157 2,102,307 - 2,102,307 Capital Outlay 1,852,201 1,001,789 850,412 1,355,886 761,757 2,117,643 Re-appropriate $601.7K vehicle purchases budgeted in 2022 but will be purchased in 2023 due to supply chain issues; $160K to replace to PD vehicles due to accident Total Expenditures 5,212,627 3,691,731 1,520,896 4,802,514 761,757 5,564,271 Revenue Over (Under) Expenditures (1,122,608) 127,824 (1,417,193) (258,337) (761,757) (1,020,094) Transfer In from General Fund 48,394 48,394 - - - Beginning Fund Balance 2,499,233 2,499,233 1,677,813 2,675,451 Ending Fund Balance 1,425,019$ 2,675,451$ 1,419,476$ 1,655,357$ (Unaudited) 2022 2022 Favorable/ 2023 Budget Actuals (Unfavorable) Budget Revenue Town of Vail Interagency Charge - Premiums 4,748,921$ 4,748,921$ -$ 4,748,921$ Employee Contributions 963,081 806,128 (156,953) 963,081 Insurer Proceeds 30,000 26,307 (3,693) 30,000 Earnings on Investments 35,000 8,980 (26,020) 15,000 Total Revenue 5,777,002 5,590,336 (186,666) 5,757,002 Expenditures Health Insurance Premiums 1,838,004 1,463,391 374,613 1,690,000 Claims Paid 4,529,721 3,560,333 969,388 4,597,739 Wellness Bonus 78,000 63,240 14,760 78,000 Professional Fees 58,820 52,043 6,777 118,820 Total Expenditures 6,504,545 5,139,007 1,365,538 6,484,559 Revenue Over (Under) Expenditures (727,543) 451,329 (1,552,205) (727,557) Beginning Fund Balance - 4,446,705 3,859,876 Ending Fund Balance (727,543)$ 4,898,034$ 3,132,319$ HEALTH INSURANCE FUND TOWN OF VAIL 2023 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 23 102 (Unaudited)Proposed 2022 2022 Favorable 2023 1st 2023 Budget Actual (Unfavorable) Budget Supplemental Amended Revenue Rental Income 1,812,841$ 1,812,816$ (25)$ 1,865,753$ -$ 1,865,753$ Other Income 20,219 50,736 30,517 14,724 - 14,724 Total Revenue 1,833,060 1,863,552 30,492 1,880,477 1,880,477 Expenditures Operating, Maintenance & Contracts 486,516 506,130 (19,614) 515,617 32,000 547,617 $32K roof snow removal Capital Outlay 7,050 3,450 3,600 -- - Total Expenditures 493,566 509,580 (16,014) 515,617 32,000 547,617 Operating Income 1,339,494 1,353,972 46,506 1,364,860 (32,000) 1,332,860 Non-operating Revenues (Expenses) Interest on Investments 480 7,024 6,544 180 - 180 Loan Principal Repayment to Capital Projects Fund (389,728) (389,728) - (392,607)- (392,607) Interest Payment to Capital Projects Fund (73,315) (70,879) (2,436) (70,392)- (70,392) Total Non-operating Revenues (Expenses)(462,563) (453,583) 4,108 (462,819) - (462,819) Revenue Over (Under) Expenditures 876,931 900,389 23,458 902,041 (32,000) 870,041 Beginning Fund Balance 1,183,214 1,183,214 2,060,145 - 2,083,603 Ending Fund Balance 2,060,145$ 2,083,603$ 2,962,186$ 2,953,644$ TOWN OF VAIL 2023 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND 24 103 (Unaudited) 2022 2022 Favorable/ 2023 Amended Actuals (Unfavorable) Budget Revenue E911 Board Revenue 956,272$ 956,272$ -$ 1,067,535$ Interagency Charges 1,298,899 1,298,899 - 1,444,427 Other County Revenues 10,506 11,103 597 - Town of Vail Interagency Charge 652,938 652,938 - 669,317 Earnings on Investments and Other 2,000 5,799 3,799 658 Total Revenue 2,920,615 2,925,011 4,396 3,181,937 Expenditures Salaries & Benefits 2,604,333 2,211,150 393,183 2,579,635 Operating, Maintenance & Contracts 555,065 500,285 54,780 593,611 Capital Outlay 30,680 27,528 3,152 87,528 Total Expenditures 3,190,078 2,738,963 451,115 3,260,774 Revenue Over (Under) Expenditures (269,463) 186,048 455,511 (78,837) Transfer In from General Fund 113,998 113,998 - - Beginning Fund Balance 1,686,772 1,686,772 1,531,307 Ending Fund Balance 1,417,309$ 1,872,820$ 1,452,470$ TOWN OF VAIL 2023 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 25 104 ORDINANCE NO. 6 SERIES OF 2023 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN VAIL FUND OF THE 2023 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2023 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 22, Series of 2022, adopting the 2023 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2023 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 3,099,541 Capital Projects Fund 28,198,913 Real Estate Transfer Tax Fund 22,368,242 Housing Fund 9,489,004 Marketing Fund (12,022) Heavy Equipment Fund 761,757 Residences at Main Vail Fund 14,369,303 Timber Ridge Fund 32,000 Interfund Transfers (4,937,466) Total $ 73,369,272 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this 26 105 ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3.The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of March 2023, and a public hearing shall be held on this Ordinance on the 4th day of April, 2023, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. _______________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk 27 106 2023 SUPPLEMENTAL BUDGET FINANCE | March 21, 2023 107 2 YEAR END RESULTS | Overview Town of Vail | Finance | 3/21/2023 REVENUE Across all funds revenues total $101.9M; $95.8M excluding large one-time grants and reimbursements; up $13.4M from 2021; flat with budget General Sales Tax: $40.8M, up 18% or $6.3M from 2021 Housing Sales Tax: $5.0M RETT:$9.6M, down 28% or $3.8M from 2021, a record year Lift Tax: $6.5M, up 17% or $954.6K from 2021 Parking: $8.5M up 20% or $1.4M from 2021Sales Tax, $45,764,520 Property and Ownership Tax, $6,041,413 Use Tax, $2,189,230 Ski Lift Tax and Franchise Fees, $8,619,840 Real Estate Transfer Tax, $9,603,456 Licenses and Permits, $2,906,695 Intergovernmenta l Revenue, $6,779,002Transportation Centers, $8,489,410 Charges for Services, $1,928,056 Rent, Fines & Miscellaneous, $6,943,217 Reimbursed from VRA , $2,291,996 Earnings on Investments, $349,799 2022 Revenue: $101.9M 108 3 YEAR END RESULTS | Overview Town of Vail | Finance | 3/21/2023 EXPENDITURES Across all funds expenditures totaled $96.7 million compared to $182.6M budget. Savings -$15.4M •Personnel Vacancies: $1.4M •Capital Projects: $8.9M •General Operating: $2.9M •Event Spending: $612K •Health Insurance Claims/Premiums: $1.4M •Planning Projects: $282.8K Capital Project Re-appropriations $69.1M •Bus Replacements ($9.8M) •Vail InDeed ($2.9M) •East Vail parcel ($2.6M) •Residences at Main Vail ($16.4M) •Both Heights ($12.0M) •Water Quality Infrastructure ($1.9M) •TOV employee rental units ($2.3M) •Re-appropriation of ARP Funds: $1.2M; $250K Chapel Contribution Municipal Services, $55.7M Capital Improvements, $38.5M Debt Service, $2.4M Where the Money Goes 109 4 YEAR END RESULTS | General Fund Revenue –YOY Increase mainly due sales tax ($7.7M), lift tax ($955K), and parking sales ($1.4M) Expenditures –Savings in staffing: $680K ($1.4M town-wide); all other operations $1.1M; HEF transfer $368K; Carryover of: •Planning projects: $100K •Chapel Contribution: $250K •*Expenditure savings utilized for Compensation Study Phase II: $1.3M Fund Balance –Budgeted to add $5.3M to reserves; Actual results: Added $8.3M back into reserves, excluding $1.3M to be utilized for the compensation study. Total fund balance of $53.9M at end of 2022 and $49.5M at the end of 2023 (96% of annual revenues) Final Budget 2022 Actual Better (Worse)2021 Actual Better (Worse) Revenue $58.2M $58.8M 600K $49.1M $9.7M ARP Grant $1.2M -(1.2)M -- Expenditures (51.3)M (47.2)M 4.1M (40.9)M (6.3)M Transfers & Financing (2.7)M (2.1)M 400K (2.3)M 200K Net Change $5.3M $9.5M*4.2M $5.9M $3.6M 110 5 YEAR END RESULTS | Capital Projects Fund Town of Vail | Finance | 3/21/2023 Revenue –YOY variance due to increased VRA reimbursement of $5.1M in 2021; Timing of grant funds Expenditures –Variance for 2022 budgeted projects not yet completed and carried over to 2023 $23.1M; $4.5M in project savings during 2022 Debt Service-$1.2M of debt service payments for PW shops building; 2021 included $15.0M of debt proceeds Transfers–Housing Fund and Capital Contribution to RMV above bond proceeds offset by VRA reimbursement Fund Balance -$41.3M at end of 2022 but utilizing $28.4M of that in 2023 Final Budget 2022 Actual Better (Worse) 2021 Actual Better (Worse) Revenue $26.2M $19.7M $(6.5)M $26.3M $(6.6)M Expenditures (47.5)M (19.9)M 27.6M (35.0)M 15.1M Debt Service (1.2)M (1.2)M -13.8M (15.0)M Transfers (11.7)M (6.7)M 5.0M 3.1M (9.8)M Net Change $(34.2)M $(8.1)M $26.1M $8.2M $(16.3) 111 6 YEAR END RESULTS | Real Estate Transfer Tax Fund Town of Vail | Finance | 3/21/2023 Revenue –RETT collections of $9.6M down $2.9M from record prior year Expenditures –Variance for approved projects not yet completed and carried over to 2023 $21.7M; $400.2K operating savings; 2.2M in project savings during 2022 Fund Balance -$30.0M at end of 2022 but will utilize $22.5M of that in 2023 Final Budget 2022 Actual Better (Worse) 2021 Actual Better (Worse) Revenue $10.7M $10.1M $(600)K $13.0M $(2.9)M Expenditures (32.1)M (8.2)M 23.9M (5.8)M (2.4)M Net Change $(21.4)M $1.9M $23.3M $7.2M $(5.3)M 112 2023 SUPPLEMENTAL BUDGET | Budget Requests Town of Vail | Finance | 03/21/2023 113 8 2023 BUDGET SUPPLEMENTAL | Overview Town of Vail | Finance | 3/21/2023 Proposes to increase revenues by $8.9M •$879K resale revenue from “buy-down” housing units •$337K CRRSA final allocation for transit operations •$55K Eagle County IGA for curbside chipping and fuels treatment •$50K E-Bike Grant (allocated $22K to TOV, $13K to Avon, $5K to Eagle-Vail, $10K to Eagle County •$22.5K bear education grant from CPW •$7.5M of grant funding re-appropriations due to timing •Requesting to increase expenditures by $73.3M: •Re-appropriation of capital projects ($69.1M) •$1.5M placeholder for “buy-down” housing purchases •$1.3M for new compensation strategy •$220K to continue turf grass reductions programs •$160K to replace two PD vehicles due to accident •$32.2K additional Axon body camera system equipment •2022 Amended Budget will utilize a projected $70.4M 114 9 2022 BUDGET SUPPLEMENTAL | General Fund Town of Vail | Finance | 3/21/2023 Revenue $1.65M Expenditures $3.1M Revenue •$337K CRRSA final allocation for transit operations •$130K Re-Appropriate Mountain Safe program grant •$1.65M ARP grant funding re-appropriation Expenditures •Compensation strategy phase II implementation ($1.3M) •Re-appropriation for 2nd half of Vail Chapel contribution ($250K) •Increase Town of Vail outerwear purchase budget, $35K supported by council previously, $18.4K additional requested for additional spares and Fire Dept snow pants ($53.4K total) •Mountain Town’s 2023 conference sponsorship($50K) •$1.65M re-appropriation for ARP funds Ending Fund Balance: $49.5M 115 10 2022 BUDGET SUPPLEMENTAL | Capital Projects Fund Town of Vail | Finance | 3/21/2023 Revenue: $5.6M Expenditures: $28.2M Revenue •$5.6M re-appropriation of reimbursements based on project timing New requests ($137K): •$32K for additional police body camera equipment, $79K total cost over 3 years. •$35K spare parking system equipment •$15K to purchase 11 AED units for PD Vehicles •$17K for 6 PD safety license plate reader cameras and installation; $15K annual cost after 2023 Re-appropriations ($27.9M): •Electric bus replacement ($9.8M) •Funding transfer to Residences at Main Vail for project costs ($4.9M) •Real Estate purchases for TOV employee housing ($2.25M) •Ladder fire truck under contract, not yet delivered($1.7M) •Municipal building air handling replacement ($1.5M) Ending Fund Balance: $12.6M 116 11 2022 BUDGET SUPPLEMENTAL | RETT Fund Town of Vail | Finance | 3/21/2023 Revenue: $441K Expenditures: $23.4M Revenue •$22.5K Bear Education grant •$55K Eagle County grant for fuel reduction projects •$50K E-bike grant towards county-wide shift bike program New requests ($653K): •$220K continuation of turf reduction project throughout town •$95K additional funding for Gore Creek signage project due to increased costs •$43.5K Bear Education program, offset by a $22.5K grant from CPW. Re-appropriations ($22.6M): •Booth Heights parcel ($12.0M) •Water Quality infrastructure ($1.9M) •Ford Park athletic field restroom/storage building ($1.0M) •Public Art programs and residency studio ($1.2M) Ending Fund Balance: $7.9M 117 12 2022 BUDGET SUPPLEMENTAL | Other Funds Town of Vail | Finance | 3/21/2023 Revenue Housing Fund-$879K sale of deed-restricted units Residences at Main Vail-$4.9M funding transfer from the CPF (above and beyond bond proceeds) New Requests: Housing Fund-$1.5M placeholder to purchase community buy-down units Heavy Equipment Fund: $160K to replace two PD vehicles due to accident Timber Ridge: $32K for additional snow removal Re-appropriations: Housing Fund: $7.8M for Housing programs (includes $2.9M for Vail InDeed, $2.65M for potential purchase of CDOT East Vail Parcel, $2.0M for Residences at Main Vail opportunity fee) Residences at Main Vail: $14.4M for remaining project costs Heavy Equipment Fund: $601K for vehicle purchases delayed by supply chain issues 118 SUPPLEMENTAL BUDGET | Recap Town of Vail | Finance | 3/21/2023 Does Council have questions or concerns about any of the supplemental requests or re-appropriations? 119 AGENDA ITEM NO. 7.1 Item Cover Page DATE:March 21, 2023 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 5, Series of 2023, Second Reading, An Ordinance Adding a New Chapter 15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and Private Security Employers SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon second reading. PRESENTER(S):Commander Justin Liffick, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Memo.docx Security Guards-O021523 jmm 3-16.docx Public Input Ordinance 5.pdf 120 March 21, 2023 To:Vail Town Council Through:Town Manager Russ Forrest Commander Ryan Kenney From:Commander Justin Liffick Subject:Town of Vail Ordinance Regulating Security Guards The State of Colorado does not have a regulatory agency that provides oversight of security companies, security guards, or training requirements for security staff. Large metropolitan areas have created their own regulations to govern security companies and security guards with a good deal of success. Until recently, there has not been any need for these regulations in Vail. The increased presence of armed security personnel in Vail along with several incidents have caused concern for unregulated security. The Vail Police Department is requesting an ordinance for oversight and regulation of security companies that work in Vail. The ordinance would require authorization for security companies and their staff to work within the Town of Vail, establish criteria for training, and regulations for vehicles and uniforms. In addition, valid justification for armed security would need to be submitted and approved. Security companies will be required to submit annual photographs of uniforms, training materials, and vehicles to be used when working events. These requirements will ensure security companies avoid being perceived as law enforcement personnel. The approval of this ordinance will allow the Town to set acceptable standards and regulate how private security is performed in Vail. 121 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX ORDINANCE NO. 5 SERIES 2023 AN ORDINANCE ADDING A NEW CHAPTER 15 TO TITLE 4 OF THE VAIL TOWN CODE, TO REGULATE PRIVATE SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS WHEREAS, the Town Council of the Town of Vail desires to regulate security guards and private security employers within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 15, to read as follows: CHAPTER 15 SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS 4-15-1: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: BACKGROUND CHECK. A national criminal history records check conducted by the Federal Bureau of Investigation upon submission of fingerprint records and all required documents. BODILY HARM. Physical damage to a person's body for which medical attention was provided, including cuts, burns, disfigurement, concussion, loss of consciousness, or any impairment of physical condition. CONDUCTIVE ENERGY WEAPON. A device capable of temporarily immobilizing a person by the infliction of an electrical charge, including without limitation but not limited to stun guns and tasers. DEPARTMENT. The Vail Police Department. PERSONAL PROTECTIVE SERVICES. A private arrangement where one or more qualified individuals, for a fee or other consideration, provide services to ensure the safety of another specific individual or group who may be exposed to elevated personal risk because of their employment, financial status, associations or fame. PRIVATE SECURITY EMPLOYER. An employer that employs security guards to provide security services in the Town. SECURITY GUARD. A person employed by a private security employer to provide security services in the Town. SECURITY SERVICES. Any of the following activities: (A)Observing, investigating, or reporting unlawful activity; 122 2 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (B)Preventing or detecting theft or misappropriation of goods, money, or other items of value; (C)Protecting individual or property from harm or misappropriation; (D)Taking enforcement action by physically detaining or ejecting persons from premises; or (E)Controlling access to premises. WEAPON. A conductive energy weapon, oleoresin capsicum ("OC") aerosol spray, baton, or any other "dangerous or illegal weapon" as defined by C.R.S. § 18-12-102. 4-15-2: LICENSE REQUIRED: (A)Security guards. It is unlawful for any person to act as a security guard without first obtaining a license as provided by this Chapter. (B)Private security employers. It is unlawful to operate as a private security employer without first obtaining a license as provided by this Chapter. (C)Exceptions. This Chapter shall not apply to: (1)Law enforcement officers while engaged in the performance of their official duties or while engaged in off-duty employment; (2) Personal protective services; (3)An individual while protecting the individual's own property; (4)A Town employee while engaged in the performance of their assigned job duties; or (5)An individual providing guest services, including without limitation a ticket vendor, ticket taker, usher, door attendant, identification checker, parking attendant, traffic controller, crowd monitor, or event staff, if such individual does not: carry a weapon; wear a uniform or clothing readily identifiable by the public as that worn by a security guard or law enforcement officer; have the authority or permission to initiate confrontational activities, including physical contact and the confiscation of property; or have the authority to physically detain or eject persons from the premises. (D)Nontransferable. A license granted pursuant to this Chapter is not transferable. (E)Posting. A private security employer license shall at all times be posted in a conspicuous place in the licensee's principal place of business. 4-15-3: APPLICATION; ISSUANCE: (A)Security guard license. An application for a security guard license shall be filed with the Department on a form provided by the Department. 123 3 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX Every application for a security guard license shall contain all of the following information: (1)The name of the private security employer by whom the applicant will be employed, the address of the employer, the nature of the services to be rendered. (2)A list of any criminal convictions of the applicant, including the date and location of each offense, the nature of the offense and the penalty or punishment imposed. (3)A background check as defined in this Chapter, provided by the applicable private security employer, completed no more than sixty (60) days before the application date. (4)Verification of a successful completion of a basic security guard training program as provided by this Chapter, completed no more than sixty (60) days before the application date. (5)Any additional relevant information required by the Department. (B)Private security employer license. An application for a private security employer license shall be filed with the Department on forms provided by the Department, and shall including all of the following information: (1)The name of the private security employer, the address of its principal place of business, and the name and address of each principal and managing agent. (2)A description of the specific types of services to be offered. (3)A description and photograph of the uniform and badges to be worn by the security guards. (4)A list of any criminal convictions for each principal and managing agent, including the date and location of the offense, the nature of the offense and the penalty or punishment imposed. (5)An affidavit attesting that each of its security guards is duly licensed pursuant to this Chapter. (6)Certificates of insurance demonstrating the minimum insurance coverage as required by this Chapter. (7)Any additional relevant information required by the Department. (C)Grounds for denial. An application for a security guard license or a private security employer license under this Chapter may be denied under the following circumstances: (1)The issuance of a license to the applicant would not comply with any applicable law, rule or regulation. 124 4 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (2)The applicant owes any outstanding fines, assessments, taxes or fees to the Town; (3)The applicant has an outstanding warrant for their arrest. (4)The application contains any fraudulent or false statement or material misrepresentation; (5)The applicant is under eighteen (18) years of age; (6)The applicant has been convicted of or released from incarceration for any felony within five (5) years of the application date; (7)The applicant has been convicted of or released from incarceration for any misdemeanor offense involving fraud, theft, deceit, or misrepresentation within five (5) years of the application date; (8)The applicant has been convicted of or released from incarceration for any offense involving an act of violence against persons or property within five (5) years of the application date, including without limitation, assault, child abuse, and offenses where the underlying factual basis has been found to include any act of domestic violence. (9)The applicant has been previously denied a license under this Chapter or has had a license issued under this Chapter revoked within five (5) years of the application date. (10)The applicant has been convicted of operating without a license required by Chapter or performing any act for which a license is required by this Chapter. (11)The applicant is unable to provide sufficient verification that they are physically and mentally capable of performing security services in a manner that will not jeopardize the public health, safety, or welfare of any person. (12)The applicant's character and reputation show a pattern of conduct or personal history that does not demonstrate honesty, fairness, and respect for the rights of others or for the law. (C)Issuance. Within 30 days of the filing of a complete application, the Department shall issue the license or shall issue a written statement explaining why the license was denied. 4-15-4: SECURITY GUARD LICENSE ENDORSEMENTS: (A)Plainclothes endorsement. (1)A security guard shall not work in plainclothes without first receiving an endorsement from the Department authorizing them to do so. (2)A security guard that intends to seek a plainclothes endorsement shall submit with their initial or renewal application, a letter of request describing why plainclothes are necessary. The request shall: 125 5 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (a)Be documented on the private security employer's letterhead; (b)Describe the nature and context of each business or event for which the applicant seeks plainclothes status, including time and location; and (c)Include an explanation for the necessity of plainclothes status. (3)A plainclothes license endorsement shall be effective only for the times, events and locations identified on the application. A security guard shall provide notice to the Department prior to adding additional times, events or locations to the plainclothes endorsement, no less than seventy-two (72) hours prior to the first time or event. (4)The plainclothes endorsement is associated only with specific private security employer. (B)Firearms endorsement. (1)A security guard shall not carry a firearm while acting as a security guard without first receiving an endorsement from the Department authorizing them to do so. No security guard under twenty-one (21) years of age may carry a firearm while acting as a security guard. (2)A security guard who intends to seek a firearms endorsement shall submit with application a letter of request describing the need to carry a firearm. The request shall: (a)Be documented on the private security employer's letterhead; (b)Include an explanation for the necessity of a firearms endorsement for the security guard; (c)Include a statement from the private security employer stating that they are not aware of any mental, physical, or emotional condition that would disqualify the applicant from possession of a firearm; and (d)Include a statement from the private security employer releasing the Town from any liability related to the request to arm the employee. (3)If the security guard wishes to obtain a plainclothes endorsement in addition to a firearms endorsement, a valid copy of their concealed handgun permit must be included. It is unlawful for a security guard to work in plainclothes and open-carry a firearm while providing security services. (4)A firearms endorsement shall be effective only for the term of the underlying security guard license. (5)A firearms endorsement is associated only with a request related to a specific private security employer. 126 6 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (6)A security guard who has obtained a firearms endorsement shall not carry more than one (1) firearm at any times while providing security services. 4-15-5: PRIVATE SECURITY EMPLOYER LICENSE ENDORSEMENTS: (A)Weapons endorsement. (1)A private security employer shall not provide or otherwise authorize the use of any weapon, without first receiving a weapons endorsement from the Department. (2)A private security employer that intends to seek a weapons endorsement shall submit with its application, a letter of request describing why the weapons are necessary. The request shall: (a)Be documented on the private security employer's letterhead; (b)Identify the types of weapons to be provided or authorized for use; (c)Include an explanation of the necessity of the weapons endorsement, including the name, dates and information related to any public or private event for which the weapons endorsement is requested; (d)Include a statement certifying that all security guards that will be provided or otherwise authorized to use the identified weapons will have successfully completed training specific to said weapons before carrying or using said weapons; and (e)Include a statement from the private security employer releasing the Town from any liability related to the request for a weapons endorsement. (3)A weapons endorsement shall be effective only for the term of the private security employer license. (4)A weapons endorsement shall only be provided for weapons that are approved for use by the Department. The weapons endorsement is associated only with the specific weapons outlined in the request. A private security employer shall not add or modify the weapons it provides or authorizes without prior approval from the Department. (B)Vehicle endorsement. (1)A private security employer shall not authorize the use of vehicles for security services without first receiving a vehicle endorsement from the Department. (2)A private security employer that intends to seek a vehicle endorsement shall submit with its application a written request to use vehicles. The request shall include either photographs or a rendering of 127 7 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX each proposed vehicle design that depicts the front, back, and sides of the vehicle in full color, including any insignias. (3)A vehicle endorsement shall be effective only for the term of the private security employer's license. (4)A vehicle endorsement is associated only with the specific vehicle design disclosed to the Department. 4-15-6: TERM: Unless the license granted pursuant to this Chapter is granted only for a specific public or private event, a license granted under this Chapter shall be valid for a period of one (1) year from the date of issuance, unless suspended or revoked earlier. Any firearm endorsement, plainclothes endorsement, weapons endorsement or vehicle endorsement shall expire at the same time as the license. 14-5-7: RENEWAL: (A)Security guard license. Applications for renewal of a security guard license shall include: (1)A background check completed by the applicable private security employer, no more than sixty (60) days before the renewal application check; (2)Any additional relevant information required by the Department. (B)Private security employer license. Applications for renewal of a private security employer license shall include: (1)An affidavit attesting that each security guard is duly licensed pursuant to this Chapter; (2)Updated certificates of insurance; and (3)Any additional relevant information required by the Department. (C)Grounds for denial. The Department may refuse to renew a license for any of the grounds stated in Section 4-15-3(C). 4-15-8: IDENTIFICATION: (A)Identification card. In addition to a license, each security guard shall be issued an identification card which shall contain, at a minimum, the following information: (1)The license type and license number; (2)The issuance date and expiration date of the license; (3)The name and a recent photograph of the cardholder; (4)A firearm endorsement, if applicable; and 128 8 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (5)A plainclothes endorsement, if applicable. (B)Location. The security guard shall carry the identification card on their person at all times when performing security services, and shall exhibit the card upon request by a law enforcement officer or other Town official. Security guards who have been granted a firearms endorsement shall wear their identification card on the outermost part of their uniform in a clearly visible manner at all times when performing security services; a plainclothes endorsement does not exempt any security guard from this requirement. 4-15-9: TRAINING: (A)Verification. With an application for a security guard license, the applicant shall provide verification of successful completion of at least the basic security guard training program no more than sixty (60) days before the application date. The training verification shall identify, at a minimum, the applicant's name, the courses taken, the number of training hours obtained, the date(s) of training, and the name of the training provider. (B)Basic training program. The basic training program shall include at least sixteen (16) hours with a certified training provider, covering the following topics, at a minimum: (1)Duties of a security guard; (2)Communication procedures and protocol; (3)Interaction with law enforcement; (4)Use of force, including the use of oleoresin capsicum ("OC") aerosol spray; (5)Cardiopulmonary resuscitation; (6)De-escalation training; and (7)Any additional training required by the Department. (C)Annual training. In addition to the basic training program, each security guard shall complete eight (8) hours of annual training with an eligible training provider, covering the topics described in subsection (B) hereof. (D)Weapons training. A private security employer requesting a weapons endorsement shall provide verification that its employees underwent training specific to the weapons used. (E)Training provider certification. Training providers shall be approved in the discretion of the Department. In determining whether to approve a training provider, the Department may consider the following factors: (1)The experience of the trainer, consultant, industry expert, or person providing the training; 129 9 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (2)Whether the trainer has tenure with federal, state, or local law enforcement agencies; (3)Copies of the training provider's lesson plans, curricula, and materials. 4-15-10: INSURANCE: (A)Private security employers shall maintain the following minimum insurance coverages at all times: (1)Workers' compensation and employers' liability insurance as required by law. (2)If vehicles are used to provide security services, automobile liability insurance with a minimum policy limit of five hundred thousand dollars ($500,000). (3)Commercial general liability insurance with a policy limit of one million dollars ($2,000,000) combined single limit for bodily injury and property damage for each occurrence. (B)Notice of any change in insurance shall be provided to the Department within seventy-two (72) hours. The suspension, voiding, nonrenewal, cancellation, or reduction of insurance is cause of automatic suspension of the license until the coverage is reinstated. 4-15-11: INDEMNIFICATION: Each security guard and private security employer licensed under this Chapter shall indemnify and hold harmless the Town and its officers, agents, and employees from all suits, actions, damages, claims or injuries to any person or property due to any act or omission of the licensee, its agents or employees, or due to the failure of the licensee to observe any provision of this Chapter. 4-15-12: UNIFORMS AND BADGES: (A)Unless they hold a plainclothes endorsement provided by this Chapter, all security guards shall wear a uniform while performing security services. All uniforms shall be presented to the Department for approval prior to being issued by any private security employer to any security guards, and upon approval uniforms shall not be changed except with further approval from the Department. (B)The outer uniform shall prominently display the following: (1)A badge or patch containing the words "security", "private security", "security guard", or "guard." (2)A nametag or identification card containing the guard's name. (3)A badge or patch containing the name of the private security employer. 130 10 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (C)It is unlawful for any person, while performing or providing security services, to wear a uniform or badge similar to that worn by any law enforcement agency. (D)It is unlawful for any person to wear or display any badge, insignia, shield, patch, or pattern that indicates or implies that the person is a law enforcement officer. (E)It is unlawful for any person, while performing security services, to wear a uniform or badge that contains the words “enforcement”, "police" or "officer." 14-15-13: VEHICLES: (A)All vehicles used for security services shall be approved by the Department, and once determined, shall not be changed without approval from the Department. (B)It is unlawful for any person, while providing or performing security services within the Town, to use or operate any vehicle displaying the word "police" “patrol” or "officer", or displaying any sign, shield, marking, or insignia that indicates or implies that the vehicle is operated by a law enforcement agency. (C)It is unlawful for any person to equip vehicles used to perform security services in any manner resembling any authorized emergency vehicle, including lights or sirens. 4-15-14: WEAPONS: (A)Batons. A private security employer that is permitted to issue batons to its employees shall only be authorized to issue a baton that meets the following specifications: (1)Length: A baton cannot be longer than twenty-six (26) inches either solid or when fully expanded; (2)Diameter: A baton shall be between one (1) inch to one and one quarter (1.25) inches in diameter; (3)Weight: A baton's weight shall be proportional to its size as specified by the manufacturer; (4)Surface: The ends of the baton shall be rounded blunt with no ridged, or sharp edges; (B)Firearms. Security guards may only carry a firearm with a firearms endorsement. A permit to carry a concealed weapon does not constitute the specific authorization required by this Chapter. The authority to carry firearms includes only the time while the security guard is performing security services while in route to or from the place of business. 4-15-15: CONFISCATION OF PROPERTY: 131 11 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (A)A security guard may temporarily confiscate personal property from an individual only if that property constitutes a security risk or otherwise would endanger the health, safety, and welfare of the persons, property, or premises the security guard is employed to protect. (B)Upon confiscation of property from any individual, a security guard shall make a record of the property and store the property in a manner that will allow the individual to identify and retrieve their property upon exiting the premises or at a later time. 4-15-16: REPORTING REQUIREMENTS: (A)Termination or changes in employment. (1)When the employment of a security guard is terminated for any reason, the private security employer shall notify the Department within seventy-two (72) hours of such termination. (2)When the employment of a security guard is terminated for any reason, the security guard shall notify the Department within seventy- two (72) hours of such termination. (3)Any person changing a place of business or adding an employee shall notify the Department of such fact within seventy-two (72) hours, together with the name and address of the new place of business or new employee. (B)Convictions. If a security guard is convicted of a crime, the security guard shall notify the Department within seventy-two (72) hours of such a conviction. (C)Use of force. When a security guard, while providing security services, uses force that results in bodily harm to another person, the security guard shall immediately notify the Department. (D)Changes to principal or managing agent. A private security employer shall notify the Department of any changes to the named principals or managing agents associated with their license within seventy-two (72) hours. Any new principal or managing agent shall receive approval from the Department before acting as the principal or managing agent. 4-15-17: REVOCATION: If the Department receives notice that a person holding a license or endorsement under this Chapter has violated any provision of this Chapter, the Department may revoke the license or endorsement, following reasonable notice and an opportunity to be heard. Upon revocation, the Department shall provide a written statement explaining the grounds for the revocation. 4-15-18: VIOLATION; PENALTY: 132 12 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX (A)Violation: It is unlawful for any person to violate any provision of this Chapter, and each day of violation shall be a separate offense. In addition, the following acts shall be considered violations of this Chapter: (1)For any security guard to detain and hold any person except when that person commits a criminal offense in the presence of the security guard, and it is unlawful for the security guard to fail to immediately release upon request any such person detained to the Department. (2)For any person to draw or fire a firearm while providing security services, except as allowed by C.R.S. §§ 18-1-704 – 18-1-707. (3)For any person, while performing security services, to possess or be accompanied by a canine or to have a canine within a vehicle used for security services. (4)For a security guard or private security employer to hinder or interfere with any investigation under the jurisdiction of the Department or any other law enforcement agency. (5)For any security guard or private security employer to fail to report immediately to the Department all violations of Town, state, or federal laws, or to fail to cooperate in the investigation of such criminal activity when requested by law enforcement. (6)For any person to represent themselves as a law enforcement officer while providing security services. (B)Penalty. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code, which shall be in addition to any other penalties allowed by law, including without limitation revocation of a license or endorsement issued under this Chapter. Section 2.Effective Date: This ordinance shall take effect on June 1, 2023. Section 3.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 4.The 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 5.The amendment of any provision of the 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 133 13 3/16/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@940BA393\@BCL@940BA393.DOCX amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of March, 2023 and a public hearing for second reading of this Ordinance set for the 21st day of March, 2023, 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 21st day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 134 From:Stephen Connolly Cc:Council Dist List; Ryan Kenney; Russell Forrest Subject:Ordinance No. 5, Series of 2023 Date:Monday, March 20, 2023 11:27:14 PM Attachments:image001.png When I first voiced my apprehensions about armed private security guards at public events, my major concern was whether or not the individual I saw had any training in de-escalation. Is de-escalation part of the required private security officer training mandated in the ordinance? The thing that has bothered me since this hit your recent agendas (kudos for moving so swiftly), is how did we get here in the first place. My sightings were by coincidence at two separate events. It wasn’t until the second occurrence that I noticed the some would say racist symbol on the guard’s uniform that I felt the imperative to bring it to your attention. Several incidents involving stun guns moved things forward at an accelerated pace to get action on this new-normal problem. Stun guns have historically not been classified as firearms by the State of Colorado. How are conductive energy weapons controlled by this ordinance as they are not specifically addressed in the Firearms endorsement? Had the individual I saw been involved in an altercation, it could have very easily involved lethal force. The Daily might have tried to not cover it, but the Denver news outlets would have been all over it and people would probably still be talking about it today. Thank you for taking quick and decisive action on this one. sfc Stephen Connolly sfcvail@hotmail.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) Looking for a great little Bed and Breakfast in Vail? https://airbnb.com/h/vailbnb A Superhost since 2016. Rethink * Reduce * Reuse * Recycle 135