HomeMy WebLinkAbout2024-03-19 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order
2.Citizen Participation (10 min.)
2.1 Citizen Participation
3.Any action as a result of Executive Session
4.Appointments for Boards & Commissions (5 min.)
4.1 Art In Public Places (AIPP) Appointments
Motion to appoint three members to service on the AIPP for a
two year term, ending March 31, 2026.
Presenter(s): Barry Davis, Mayor Pro Tem
4.2 Design Review Board (DRB) Appointments
Motion to appoint three members to service on the DRB for a
two year term, ending March 31, 2026.
Presenter(s): Barry Davis, Mayor Pro Tem
5.Consent Agenda
5.1 Resolution No. 10, Series of 2024, A Resolution of the Vail
Town Council Approving an Intergovernmental Agreement
between the Town of Vail and Eagle County, Colorado
Concerning the Wildland Fire Mitigation Program
Approve, approve with amendments, or deny Resolution No.
10, Series of 2024.
Background: The Town of Vail and Eagle County wish to enter
into an Intergovernmental Agreement concerning the
continued implementation of the Wildland Fire Mitigation
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually by Zoom.
Zoom Meeting Link: https://vail.zoom.us/webinar/register/WN_DdH-9BocSwiw7EupoHi2NA
6:00 PM, March 19, 2024
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council will consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding
town services, policies or other matters of community concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Citizen Participation.pdf
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Program.
5.2 Resolution No. 11, Series of 2024, A Resolution Approving
a Cooperative Agreement between Eagle County
Department of Human Services and Eagle County Law
Enforcement Agencies
Approve, approve with amendments, or deny Resolution No.
11, Series of 2024.
Background: This resolution allows for the Vail Police
Department to work together with Eagle County Department of
Human Services to keep children safe in Eagle County,
Colorado.
5.3 Resolution No. 12, Series of 2024, A Resolution Approving
a State of Colorado Subward Agreement between the
Town of Vail and the Colorado Department of
Transportation to Receive Funding for the Purchase of
Two Battery Electric Buses
Approve, approve with amendments, or deny Resolution No.
12, Series of 2024.
Background: This grant agreement is for funding towards two
electric buses. This is federal Congressionally Directed
Spending funding administered through the Colorado
Department of Transportation.
5.4 Resolution No. 13, Series of 2024, A Resolution Adopting
the 2024 Town of Vail Housing Policy Statements, and
Setting Forth Details in Regard Thereto
Approve, approve with amendments, or deny Resolution No.
13, Series of 2024.
Background: The purpose of Resolution No. 13 is to updated
policy statements and reaffirm support of the Town's housing
goals and expectations.
5.5 Contract Award to Resort Entertainment Group and Group
970 for the Production of Vail Oktoberfest
Authorize the Town Manager to enter into an agreement, in a
form approved by the Town Attorney, with Resort
Entertainment Group and Group 970 for the production of the
Vail Oktoberfest, in an amount not to exceed $100,000.00.
Background: The Committee on Special Events and Event
Funding Committee have reviewed a proposal for the
TC Memo ECO IGA.docx
Resolution No. 10 2024 - EAGLE COUNTY WILDLAND FIRE IGA.docx
2024 IGA Vail Fire and County.docx
Resolution 11, 2024- MOU Law Enforcement and Human Services.docx
2024 Proposed COOPERATIVE AGREEMENT BETWEEN ECDHS and LEA.docx
Resolution 12, 2024-CDOT Subaward Agreement- 2 electric busses.docx
Envelope_Created_Town_of_Vail_PO_491003487.pdf
Resolution No 13 Series of 2024 Adopting Updated Housing Policy Statements
03192024.docx
Resolution No. 13 Series of 2024 Updated Housing Policy Statements 03192024
jmm.docx
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production of the Vail Oktoberfest event and is recommending
a sponsorship amount of $100,000.00 for the proposal from
Dian Moody of Resort Entertainment and Brian Nolan of Group
970.
6.Action Items
6.1 Dobson Ice Arena Remodel Project and Contractor
Procurement Update
10 min.
Provide feedback on next steps.
Presenter(s): Russell Forrest, Town Manager
Background: An update on Dobson Ice Arena remodel project
and contractor procurement.
6.2 Ordinance No. 2, Series of 2024, First Reading of an
Ordinance Amending Chapter 7 of Title 12 of the Vail
Town Code Regarding Applications for Exterior
Modifications in the Commercial Core 1 and Commercial
Core 2 Zone Districts
20 min.
Approve, approve with amendments, or deny Ordinance No. 2,
Series of 2024 upon first reading.
Presenter(s): Jamie Leaman-Miller, Planner l
Background: The purpose of Ordinance 2, Series of 2024 is to
amend Section 12-7B-7 Exterior Alterations or Modifications
and 12-7C-5 Exterior Alterations or Modifications regarding the
development review process for exterior alterations in the
Commercial Core 1 (CC1) and Commercial Core 2 (CC2)
districts.
6.3 Ordinance No. 3, Series of 2024, First Reading, of an
Ordinance Making Budget Adjustments to the Town of
Vail General Fund, Capital Projects Fund, Real Estate
Transfer Tax Fund, Housing Fund, Heavy Equipment
Fund, Timber Ridge Fund, and Residences at Main Vail
Fund of the 2024 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. 3,
Series of 2024, upon first reading.
Presenter(s): Carlie Smith, Finance Director
Background: Please see attached memo.
Council Memo - 03-19-2024 Vail Oktoberfest Sponsorship Recommendation.pdf
Dobson.pdf
Staff Memorandum - Ordinance 2, Series of 2024.pdf
A. Ordinance No. 2, Series of 2024.pdf
B. Staff Memorandum to PEC, 2-26-24.pdf
C. PEC Results 2-26-24.pdf
Item 6.2 - Ord. No. 2 (1).pdf
240319 YE 1st Supp.pdf
Ordinance 6, Series of 2024 First Reading.pdf
YE 1st Supp Powerpoint.pdf
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7.Adjournment 7:15pm (estimated)
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.
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AGENDA ITEM NO. 2.1
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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Stephanie Bibbens
From:Rys Olsen <rysolsen@me.com>
Sent:Tuesday, March 19, 2024 12:32 PM
To:Council Dist List
Subject:Timber Ridge Development
Dear Vail Town Council,
I am writing to express my concerns regarding the development of the multi-dwelling units at Timber Ridge. As a
resident of Vail, I believe that the size and scale of the project is disproportionate to the standards that the residents of
our town are accustomed to. The density of the units is not in sync with a development in a mountain community, but
rather more fitting in a city near its main airport. The lack of green space that is proposed in this current plan is in of its
self unacceptable for a residential development. All one needs to do to confirm this is ask would I live there and where is
another example of such a development in a destination resort that has received approval by its community.
I strongly feel that this development does not offer a pathway to homeownership for full-time year-round locals.
Instead, it seems to cater more to business owners large and small, providing housing for seasonal employees. If the
units are actually used for that purpose, then it may serve a valuable need. However, if the project is intended for long-
term housing options for individuals looking to purchase a home in the Vail Valley, then it falls short of meeting that
need. This begs the question at this point in time truly how many more beds do we need in Vail for seasonal labor. This
question might well be worth re reviewing.
I believe that this project could be a milestone project that shapes the long-term housing needs of our community. If it
were reconsidered on a different scale, more in harmony with version 1 of the plan versus version 2 or 3, it could offer a
solution for business owners and seasonal staff in need of housing as well as locals looking to own a primary residence in
the Vail Valley that falls more in line with todays living standards.
I am also concerned that the town has placed too much emphasis on the needs of seasonal employees and the means to
house them with the development of this project in concert with the development of Middle Creek West, neither of
which offers affordable quality of life ownership options for individuals looking to purchase a home.
Furthermore, the current situation with second-home owners who have chosen to put their properties into the short-
term rental pool has nearly eliminated long-term affordable housing options for year round residence. If the brakes
were put on this project for further development consideration, I strongly feel that it would be a step in the right
direction for the town council to consider that could offer a path to re-establishing lost rentals to the short rental status
quo as well as seasonal rentals options and a path to local ownership if version of the plan, scope, scale and variations of
units was re considered.
Thank you for taking the time to consider my concerns. I hope that you will take them into account when making
decisions about the development of Timber Ridge and future projects.
Sincerely,
Rys Olsen
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards & Commissions (5 min.)
SUBJECT:Art In Public Places (AIPP) Appointments
SUGGESTED ACTION:Motion to appoint three members to service on the AIPP for a two
year term, ending March 31, 2026.
PRESENTER(S):Barry Davis, Mayor Pro Tem
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Main Agenda
AGENDA SECTION:Appointments for Boards & Commissions (5 min.)
SUBJECT:Design Review Board (DRB) Appointments
SUGGESTED ACTION:Motion to appoint three members to service on the DRB for a two year
term, ending March 31, 2026.
PRESENTER(S):Barry Davis, Mayor Pro Tem
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
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AGENDA ITEM NO. 5.1
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Paul Cada, Fire Department
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 10, Series of 2024, A Resolution of the Vail Town
Council Approving an Intergovernmental Agreement between the
Town of Vail and Eagle County, Colorado Concerning the
Wildland Fire Mitigation Program
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 10,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TC Memo ECO IGA.docx
Resolution No. 10 2024 - EAGLE COUNTY WILDLAND FIRE IGA.docx
2024 IGA Vail Fire and County.docx
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To:Town Council
From: Paul Cada, Wildland Battalion Chief
Date: March 11
th, 2024
Subject: Town of Vail and Eagle County Government Intergovernmental Agreement
Concerning Wildland Fire Mitigation
I.Purpose:
The purpose of this memo is to provide Council with supporting information for an
Intergovernmental Agreement between the Town of Vail and Eagle County Government for the
continued implementation of Wildfire mitigation within our community.
II.Background
The Town of Vail and Eagle County have a long-standing relationship with respect to wildfire
mitigation. Over the past 20 years the two organizations have partnered on several highly
impactful wildfire mitigation projects such as the 2007/2008 Vail WUI project and the 2017 Vail
Intermountain Forest Health project. 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 community’s curbside
chipping program. Both organizations are long standing active participants in the Eagle County
Wildfire Collaborative which has worked towards community wildfire adaptation countywide
since 2008.
III.Current Situation
Twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four out of
the five largest fires in State history have occurred within the last three years. In 2021, the
Sylvan Fire burned 3,792 acres above Sylvan Lake State Park; In 2020, the Grizzly Creek Fire
burned over 32,000 acres and directly threatened several communities within Eagle County. In
2018, the Lake Christine Fire burned nearly 13,000 acres in Eagle County, destroying three
homes, and threatening hundreds more. A worrisome trendline now points to Eagle County’s
increasing vulnerability to wildfire destruction.
In response to this growing threat from uncontrolled wildfire, in 2015 the Town of Vail adopted
the “Fire Adapted Vail” strategic framework to guide efforts to create a resilient community in the
face of the growing risk from wildfire. In 2020, Vail Fire and Emergency Services completed a
Community Wildfire Protection Plan (CWPP) that expands upon the strategic framework by
establishing five main community goals - reduce the risk of a Wildland Urban Disaster within the
Town of Vail; decrease the probability of landscape scale high severity wildfire events; build
business community resiliency to wildfire disasters; foster citizen engagement and
preparedness; and support the utilization of forest products. In 2023 the Town of Vail joined with
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Town of Vail Page 2
Eagle County and other jurisdictions in co-developing a revised County-wide CWPP which,
when fully implemented, will meaningfully reduce wildfire risk County-wide.
Since 2015, Vail Fire and Emergency Services has implemented over 190 acres of fuel
reduction and the Town of Vail has spent in excess of $3.9 million dollars on wildfire risk
reduction staffing and projects.
Vail Fire and Emergency Services has completed over 415 tons of community chipping at no-
cost to residents in unincorporated West Vail and has completed more than 65 acres of fuels
reduction work in the same area.
In recognition of the tireless community wide work the Town of Vail has implemented, 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. These funds will aid the
department in the continued rapid implementation of the CWPP. Eagle County will also engage
with VFES to conduct RealFire property assessments within the Town of Vail which provide
property owners within depth evaluations of their wildfire risk. The RealFire assessments are
tailored to expand upon the information that is being provided in the curbside wildfire hazard
evaluation program currently be provided to all properties in the community.
IV.Staff Recommendation
Approved the attached Intergovernmental Agreement between the Town of Vail and Eagle
County for implementation during the 2024 field season.
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RESOLUTION NO. 10
Series of 2024
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE
COUNTY, COLORADO CONCERNING THE WILDLAND FIRE MITIGATION
PROGRAM
WHEREAS, the Town and Eagle County Colorado wish to enter into an
Intergovernmental Agreement in the form attached hereto as Exhibit A and incorporated
herein by this reference, (the “IGA”) concerning the continued implementation of the
Wildland Fire Mitigation Program.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1.The Town Council hereby approves the IGA in substantially the same
form as attached hereto as Exhibit A,and in a form approved by the Town Attorney, and
authorizes the Town Manager to execute the IGA on behalf of the Town.
Section 2.This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 19th day of March 2024.
_________________________
Travis Coggin, Town Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
TOWN OF VAIL AND EAGLE COUNTY, COLORADO
CONCERNING WILDLAND FIRE MITIGATION PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into by and
between Town of Vail (hereinafter “Vail”), and Eagle County, a body corporate and politic of the
state of Colorado (hereinafter “County”). Collectively Vail and County shall be referred to as the
“Parties” and singularly as “Party.” This Agreement is entered into and is effective on
_______________.
RECITALS
WHEREAS, C.R.S. § 29-20-101 et. seq.encourages intergovernmental agreements through which
local governments cooperate and participate in joint projects, including projects to address
wildland fire mitigation; and
WHEREAS, Vail is taking proactive steps to become “Fire Adapted” and recognizes that an
uncontrolled wildland fire could impact Vail in the future. To that end, Vail Fire and Emergency
Services has developed a successful Wildland Fire Program (hereinafter the “WFP”) and is in the
process of implementing a Community Wildfire Protection Plan (hereinafter the “CWPP”) in order
to provide for the safety of Vail before, during, and after a wildland fire incident; and
WHEREAS, the WFP modules work in many capacities to fulfill this mission including; fuels
management projects, community assessments, wildland fire suppression, community chipping,
and prescribed fire operations; and
WHEREAS, County desires to provide funds to support the WFP and the Parties desire to accept
the roles and responsibilities set forth in this Agreement in order to support these endeavors; and
WHEREAS, this Agreement is authorized by and entered into pursuant to the authority of local
governments of the state of Colorado to contract with one another pursuant to C.R.S. § 29-1-203
and Article XIV, Section 18 of the Colorado Constitution.
AGREEMENT
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the
Parties agree as follows:
1. PURPOSE
1.1.Twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four
out of the five largest fires in State history have occurred within the last five years. In
2021, the Sylvan Fire burned 3,792 acres above Sylvan Lake State Park; In 2020, the
Grizzly Creek Fire burned over 32,000 acres and directly threatened several communities
within Eagle County. In 2018, the Lake Christine Fire burned nearly 13,000 acres in Eagle
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County, destroying three homes, and threatening hundreds more. A worrisome trendline
now points to County’s increasing vulnerability to wildfire destruction.
1.2.In response to this growing threat from uncontrolled wildfire, in 2015 Vail adopted the
“Fire Adapted Vail” strategic framework to guide efforts to create a resilient community
in the face of the growing risk from wildfire. In 2020, Vail Fire and Emergency Services
completed a Community Wildfire Protection Plan (CWPP) that expands upon the strategic
framework by establishing five main community goals - reduce the risk of a Wildland
Urban Disaster within the Town of Vail; decrease the probability of landscape scale high
severity wildfire events; build business community resiliency to wildfire disasters; foster
citizen engagement and preparedness; and support the utilization of forest products. In
2023 the Vail joined with County and other jurisdictions in co-developing a revised
County-wide CWPP which, when fully implemented, will meaningfully reduce wildfire
risk County-wide.
1.3.Since 2015, Vail Fire and Emergency Services has implemented over 190 acres of fuel
reduction and Vail has spent in excess of $3.9 million dollars on wildfire risk reduction
staffing and projects.
1.4.Since 2007, Vail Fire and Emergency Services has completed over 415 tons of community
chipping at no-cost to residents in unincorporated West Vail within County’s jurisdiction
and completed more than 65 acres of fuels reduction work adjacent to homes in
unincorporated West Vail.
1.5.Accordingly, The purpose of this Agreement is formalizing each Party’s obligations as
partners in the WFP.
2. PROJECT FUNDING
2.1.County will provide reimbursement to Vail for the wildfire mitigation project work
identified as Activities A through C, as identified in Exhibit A, in an amount not to exceed
fifty five thousand dollars ($55,000). Invoices shall be paid annually as submitted to the
County and shall include detail as articulated in Exhibit A.Exhibit A is incorporated herein
by reference.
2.2.Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Vail in
respect of any period after December 31 of any year, without an appropriation therefor by
County in accordance with a budget adopted by the Board of County Commissioners in
compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
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3. ROLES AND RESPONSIBILITIES
3.1. Eagle County
3.1.1. Liaise with Wildland Battalion Chief, WFP Crew Lead(s), and Fire Chief on
wildfire risk reduction matters as appropriate.
3.1.2. County, in the role of the REALFire® Local Program Administrator, will: schedule
and coordinate local assessments within Eagle County; maintain completed
assessment data in the REALFire® database; obtain property owner liability waivers;
conduct quality assurance audits, and review final reports prior to issuance. County
will further issue mitigation recognition certificates to properties that have
successfully completed all previous program mitigation requirements.
3.1.3. County will share networking updates and/or contact information with the Wildland
Program Manager, WFP Crew Lead(s), and Fire Chief as appropriate for
organizations and entities inside of Eagle County that are interested in wildfire
mitigation projects and programs, including (but not limited to):
3.1.3.1.Fuel-break construction and fuel-reduction projects
3.1.3.2.Community chipping days
3.1.3.3.Prescribed fire projects
3.1.3.4.REALFire® home and property assessments
3.1.3.5.Eagle County Wildfire Assistance
3.1.3.6.Education and outreach
3.1.4. County will identify and collaborate with Vail Fire and Emergency Services on
grant funding opportunities for wildfire mitigation and recovery programs/projects
within Eagle County.
3.1.5. County will identify and collaborate with Vail Fire and Emergency Services on
local training and outreach opportunities to further increase awareness of wildfire
mitigation and intended risk reduction outcomes.
3.2.Vail
3.2.1. Wildland Battalion Chief
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3.2.1.1.Vail will Oversee the implementation of programs and projects within the
Vail Fire and Emergency Services service area as identified in Exhibit A.
3.2.1.2.Vail will provide local support to Eagle County to assist in scheduling
and/or conducting REALFire® property assessments as time and funds allow.
3.2.1.3.Vail will identify and collaborate with Eagle County on grant funding
opportunities for wildfire mitigation within Eagle County.
4.INDEMNIFICATION, INSURANCE, AND GOVERNMENTAL IMMUNITY
4.1 To the extent permitted by law, each Party shall indemnify, defend and hold harmless the
other including its, agents, officers, servants and employees of and from any and all loss, costs,
damage, injury, liability, claims, liens demands, action and causes of action whatsoever, including
attorney fees, arising out of or related to its negligent acts or omissions.
4.2 Vail Fire and Emergency Services shall provide its own public liability, property damage,
and errors and omissions insurance coverage as County may deem adequate and necessary for any
potential liability arising from this Agreement.
4.3 Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to either Party, its officials, employees,
contractors,' or agents, or any other person acting on behalf of either Party and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
5.TERM AND TERMINATION
5.1 The term of this Agreement shall commence on the effective date and shall terminate
twelve months from the effective date unless the Agreement is extended by all Parties prior to that
end date.
5.2 If any Party fails to substantially perform the dutiesand obligations in accordance herewith,
the other Party may terminate this Agreement upon seven (7) days written notice to that Party,
unless that Party cures the breach within the seven (7) day remedy period. Either Party may
terminate this Agreement without cause upon thirty (30) days written notice.
6. MISCELLANEOUS
6.1 Notices. All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills, payments sent by mail should be addressed as follows:
Eagle County Government:
Eric Lovgren
500 Broadway PO Box 850
Eagle, CO 81631
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eric.lovgren@eaglecounty.us
970-328-8742
With copy to
Eagle County Attorney’s Office
500 Broadway PO Box 850
Eagle, CO 81631
atty@eaglecounty.us
970-328-8685
Town of Vail:
Vail Fire and Emergency Services
Paul Cada
2399 N. Frontage Rd W.
Vail, CO 81657
6.2 Modification. This Agreement contains the entire agreement between the Parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the Party against whom enforcement of such change,
modification, or termination is sought.
6.3 No Third-Party Beneficiaries. Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third
party, including any agent, subconsultant or sub-contractor of the Parties. Absolutely no third-
party beneficiaries are intended by this Agreement.
6.4 No Assignment. Neither Party shall assign this Agreement without the prior written
consent of the other. Either Party may terminate this Agreement if the other assigns this
Agreement without the prior written consent of the other.
6.5 Jurisdiction and Venue. This Agreement shall be interpreted in accordance with the laws
of the state of Colorado and the Parties agree to submit to the jurisdiction of the courts thereof.
Venue shall be in the Eagle County District Court.
6.6 Invalidity. Invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
6.7 Compliance With Law. Each Party shall comply with all applicable federal, state and
local rules, regulations and laws.
IN WITNESS WHEREOF, each Party, by signature below of its authorized representative,
hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its
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terms and conditions.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By:______________________________
Matt Scherr, Chair
ATTEST:
By: ______________________________
Regina O’Brien
Clerk to the Board
TOWN OF VAIL, COLORADO
By: ________________________
Russell Forrest, Town Manager
ATTEST:
By:________________________
Stephanie Bibbens, Town Clerk
Exhibit A: Scope of Work and Annual Work Plan for 2024
The Vail agrees to implement the following items in the 2024calendar year. County agrees to
fund Activities A through C as set forth below. Upon completion of the agreed upon actions,
Vail will submit a summary of activity and invoice to County.
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Activity A:
Complete fuels reduction treatments identified and under agreement on USFS managed land in
the Vail CWPP area. Cutting and piling of 5 acres of hazardous fuels mitigation in the
Intermountain, Davos, and/or Booth Creek project sites.
Eagle County Allocated Funding: Up to $15,000
Activity B:
Support for the Vail Community-wide Curbside Chipping program within the Vail Fire Service
area.
Eagle County Allocated Funding: 50% of total project costs up to a max of $10,000
Activity C:
Hazardous fuels reduction work on non-federal land. Vail Fire’s wildland crew will implement
hazardous fuels reduction work on private and Vail owned land. Focus will be completion of
Elliott Ranch Private Lots and Bald Mountain Road. Crew will assist private property owners
participating in the private lot projects with felling non-technical trees, limbing, piling slash, and
burning slash piles. A minimum of 8 acres of treatment will be accomplished in activity C.
Eagle County Allocated Funding: Up to $30,000
Activity D:
Vail will engage Vail Fire to assist in the completion of Real Fire assessments within the Vail
Fire service area. County will provide administrative oversight, training and access to systems
and Vail Fire will provide staffing to conduct assessments.
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AGENDA ITEM NO. 5.2
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 11, Series of 2024, A Resolution Approving a
Cooperative Agreement between Eagle County Department of
Human Services and Eagle County Law Enforcement Agencies
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 11,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution 11, 2024- MOU Law Enforcement and Human Services.docx
2024 Proposed COOPERATIVE AGREEMENT BETWEEN ECDHS and LEA.docx
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RESOLUTION NO. 11
Series of 2024
A RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN EAGLE
COUNTY DEPARTMENT OF HUMAN SERVICES AND EAGLE COUNTY LAW
ENFORCEMENT AGENCIES
WHEREAS, the Town wishes to enter into a cooperative agreement with the
Eagle County Department of Human Services and other Eagle County law
enforcement agencies for the purpose of cooperating in the investigation of reports
involving allegations of child abuse or neglect within the territorial limits of Eagle County,
pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein
by this reference (the "Agreement").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Agreement in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the Agreement on behalf of the
Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED,PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 19th day of March 2024.
Travis Coggin,Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
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COOPERATIVE AGREEMENT BETWEEN
EAGLE COUNTY DEPARTMENT OF HUMAN SERVICES
AND EAGLE COUNTY LAW ENFORCEMENT AGENCIES
This agreement is entered into this day of, 2024, by and between Eagle County Department of
Human Services, hereinafter "Human Services", and;
DISTRICT ATTORNEY OF THE 5TH JUDICIAL DISTRICT
EAGLE COUNTY SHERIFF’S DEPARTMENT
VAIL POLICE DEPARTMENT
BASALT POLICE DEPARTMENT
AVON POLICE DEPARTMENT
EAGLE POLICE DEPARTMENT
COLORADO STATE PATROL
Hereinafter “Law Enforcement".
WITNESSETH
WHEREAS, Colorado law encourages cooperation between local departments of Human
Services and Local Law Enforcement; and
WHEREAS, from time to time, Eagle County Human Services and Local Law Enforcement have
the responsibility to assess/investigate allegations of child abuse and neglect; and
WHEREAS, the parties hereto desire to memorialize their cooperative arrangement; and
WHEREAS, by custom, Human Services has taken the prime responsibility to
assess/investigate intrafamilial child abuse and neglect cases, and the parties affirmatively state
that this Agreement is not intended to change this custom; and
WHEREAS, while each of the undersigned professionals and agencies have specific
responsibilities in the treatment, protection, and investigation of children, it is acknowledged that
the multidisciplinary team approach on matters of child abuse and neglect is a more positive
approach to the ultimate resolution of the problems related to these most difficult situations; and
WHEREAS, the purpose of this agreement is to enhance the ability of agencies, organizations,
and individuals to implement coordinated efforts in dealing with children and families involved in
child abuse and neglect,
NOW THEREFORE, the parties agree as follows:
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GENERAL PHILOSOPHY
The Colorado State legislature mandates specific tasks for county Departments of Human
Services (DHS) and local Law Enforcement Agencies (LEA) as it relates to investigations of
child abuse and/or neglect.
The law and best practice guidelines for both DHS and LEA emphasize the need for a
collaborative working relationship.
This agreement outlines the processes and procedures for DHS and LEA as they work together
to keep children safe in Eagle County, Colorado. The intent of this document is to clarify the
duties, responsibilities, and roles of DHS and LEA during the investigations of child abuse
and/or neglect.
It is important to note that this agreement serves as a guideline for collaboration. Each case
must be individually assessed and decisions made regarding case specific needs and
approaches. In all cases, the safety, protection and best interests of the child is paramount.
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AGREEMENT
SUBJECT: Eagle County Department of Human Services Cooperative Agreement for
investigation of reports involving allegations of child abuse or neglect within the territorial limits
of Eagle County, Colorado.
TERM OF AGREEMENT:This Agreement will commence upon the date of the final signature
and will be in effect for no more than five (5) years. Changes in the agreement may be made at
any time by mutual consent of Eagle County Department of Human Services and the
corresponding law enforcement agency. The Eagle County Department of Human Services or
any law enforcement agency may choose to terminate its participation in this Agreement by
sending written 30-days notice to the other party(ies). Nothing in this Agreement, or a
termination thereof, shall substitute or represent a change in any agency’s legally mandated
responsibilities.
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PROTOCOL FOR COOPERATION
The following protocol shall apply for cooperation between Eagle County Human Services and
local Law Enforcement.
A. Child abuse reporting laws allow reports to both Law Enforcement and Human Services.
This makes cooperation essential to assure prompt action, protection for the child and
the responses required by law. The decision regarding who assess /investigates a
suspected child abuse/neglect case shall be made jointly by the referring agency and the
receiving agency. Joint assessment/ investigation may also be requested by the
receiving agency if there is a determination of that need.
B. All referrals should be made to the Colorado State Hotline (1-844-264-5437). The
Hotline serves as a direct, immediate, and efficient route for Eagle County Human
Services to receive and respond to child abuse and neglect inquiries and reports.The
Department of Human Services has an assigned caseworker and supervisor on call
twenty-four hours per day, seven days per week. The on call employees can be reached
via Hotline.
C. Cases of minor physical abuse/neglect will not require immediate referral to local Law
Enforcement by the staff of Human Services. All cases of a more severe nature require
immediate contact with local Law Enforcement. All reports can be made by initially
calling Dispatch at 970-479-2200 in Eagle County or 970-920-5310 in Pitkin County.
D. Third-party abuse or neglect cases investigated by Law Enforcement as provided in
Section 19-3-308(5.3)(a) shall not require immediate notification to Human Services. In
such cases, Law Enforcement shall make a referral during business hours to the child
abuse and neglect hotline listed above.
E. All reports of founded child abuse/neglect shall be forwarded by the County Department
to the District Attorney's office and the local Law Enforcement agency.
F. Joint investigations shall be preceded by a planning session to outline the conduct of the
interview prior to the investigation. However, some assessments/investigations will
proceed according to a standard plan of actions, while others will require a unique
approach. Upon completion of the joint assessment/investigation:
a. Law Enforcement continues criminal investigation without the involvement of
Human Services. This shall include the submission of the information to the
District Attorney for disposition.
b. Human Services shall be responsible for determining what measures are
necessary for the protection of the children, which may include, but not
necessarily limited to the removal of the child (ren) from the home, the filing of a
Petition for Dependency and Neglect, and appropriate notification to the Court if
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removal has occurred. It is understood that there may be times when law
enforcement must, for the immediate safety of children, execute an emergency
removal, however law enforcement will try to involve the DHS prior to removal.
c. Appropriate sharing of reports must occur. Law Enforcement shall provide
Human Services with copies of incident reports when requested.
RESPONSIBILITY FOR INVESTIGATION
G. The following are applicable cases, or types of cases, where it is expected that the
sole investigation will be conducted by Human Services (Law Enforcement may be
called at any time there may be a safety risk to any worker):
1. Minor physical abuse
2. Substance exposed newborn
3. Organic Failure to Thrive
4. Medical neglect (including failure to provide medically indicated treatment to
disabled infants with life threatening conditions and drug affected babies).
5. Sexual abuse when perpetrator under age 10. Exception, if there is indication
that the perpetrator under age 10 is also the victim of someone over 10.
6. Educational neglect. In truancy cases, after charges have been filed by the
school district.
7. Emotional abuse.
8. Medium severity level neglect, lack of supervision.
9. Intrafamilial or third party abuse in a licensed child care setting, foster home,
group home or institution
As noted below, moderate to severe physical abuse and sexual abuse will still be a joint
investigation.
H. The following are examples of cases where it is expected that the sole investigation
will be conducted by Law Enforcement (Human Services may be called when
determined by both parties to be in the best interest of the safety of the child).
1. Third-party physical abuse.
2. Third party sexual abuse, when the alleged perpetrator is over 10 and it can be
determined that the perpetrator is not an abused child.
3. Report of immediate danger to a child when proximity and speed of Law
Enforcement response is needed, when DHS services are not available, and risk
to the child indicates immediate evaluation is needed (e.g., welfare checks).
I. The following cases shall be jointly investigated by Human Services and Law
Enforcement when abuse or neglect is suspected:
1. Death of a child.
2. Medium to severe physical abuse or risk of this. Joint investigation by Human
Services and Law Enforcement is recommended to evaluate the need for
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immediate medical evaluation, protective custody of the child and appropriate
civil and criminal action
3. All head trauma injuries (i.e., subdural hematoma).
4. All injuries involving ruptured organs, unjustifiably explained abdominal injuries
or any injury consistent with abuse. (The history given concerning such
conditions is at variance with the degree or type of such condition or death; or the
circumstances indicate that such condition may not be the product of an
accidental occurrence).
5. All fractures which are unjustifiably explained, or multiple fractures or in
various stages of healing. (The history given concerning such conditions is at
variance with the degree or type of such condition or death; or the circumstances
indicate that such condition may not be the product of an accidental occurrence).
6. All second or third degree burns, including cigarette burns or other burns
consistent with abuse (such as immersion burns).
7. All lacerations to the face, external genitalia or extremities which are
unjustifiably explained. (The history given concerning such conditions is at
variance with the degree or type of such condition or death; or the 5
Circumstances indicate that such conditions may not be the product of an
accidental occurrence).
8. Intra familial sexual abuse.
9. Injurious Environment when there is a concern for serious bodily injury or
death of an adult.
10. Sexual abuse when the alleged perpetrator may be a child victim, or the
perpetrator may have his/her own children under the age of 18, or any other child
may be at risk.
11. Whenever there is a concern that a suspected perpetrator who is a parent,
custodian, guardian or a child may flee.
12. When a parent, custodian, or guardian of a child refuses access to the
child(ren) by Human Services or Law Enforcement, or refuses medical
examination of the child(ren). It is recognized that it may be necessary for Human
Services to obtain a Court Order for access to said child(ren).
13. Any case in which a child is subjected to human trafficking to include sexual
and labor servitude.
RELEASE OF REPORTS, DOCUMENTS, EVIDENCE, AND RECORDINGS
The Official Custodian:The official custodian for purposes of the release of information of any
Law Enforcement Agency reports referred to in this Agreement (and all accompanying
documents, recordings, and evidence) is the Law Enforcement Agency’s Records Custodian.
Release of Records:Release of Records shall be governed by this Agreement and CRS-19-1-
303 and 307 and the appropriate sections of the Colorado Criminal Justice Records Act
regarding confidentiality, including but not limited to C.R.S. §§ 24-72-304(4) and (4.5).
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1.Requests to a Law Enforcement Agency for DHS records:Requests for any DHS
materials, including reports, documents, recordings, and evidence, shall be referred to
the DHS Records Custodian by emailing CWRecords@eaglecounty.us and released to
persons authorized by state statute or court ruling.
2.Requests to DHS for Law Enforcement Records:The parties acknowledge and agree
that records DHS possess may contain criminal justice records of a Law Enforcement
Agency. These criminal justice records are confidential and may only be released to
persons authorized by the state statute or by court ruling. In recognition of the limited
circumstances when criminal justice records of a law enforcement agency may be
released, the LEA will provide to DHS a redacted summary report of the criminal
investigation. Requests to DHS for any other criminal justice records of a LEA, including
reports, documents, recordings, and evidence, shall be referred to the LEA’s Records
Custodian.
3.Requests to DHS for Third Party Records:Requests for any DHS materials, including
reports, documents, recordings, and evidence, that were created by a third party and not
Eagle County DHS or the LEA shall be referred to that third party’s records custodian.
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LANGUAGE AND CRITERIA FOR SEVERITY LEVELS OF SUSPECTED ABUSE
This section is intended to ensure that all parties are using the same language and criteria for
identification of suspected abuse and neglect cases.
●ABUSE
○Minor - Excessive or inappropriate force used resulting in a superficial injury.
○Medium - Excessive or inappropriate force used resulting in an injury which may
require medical attention.
○Severe- Excessive or inappropriate force used resulting in a serious injury which
requires medical attention and/or hospitalization.
○Near fatal - Involves an incident in which a physician determines that a child is in
serious, critical, or life-threatening condition as the result of sickness or injury
caused by suspected abuse and/or neglect.
○Fatal - Physical or emotional needs of a child are not met resulting in death.
●NEGLECT
○Minor - Physical or emotional needs of child are marginally or inconsistently met,
but little or no impact on the child's functioning.
○Medium - Physical or emotional needs of a child are inadequately met resulting in
some impairment in the child's functioning.
○Severe - Physical or emotional needs of a child are not met resulting in serious
injury or illness.
○Near fatal - Physical or emotional needs of the child are not met in an incident in
which a physician determines that a child is in serious, critical, or life-threatening
condition as the result of sickness or injury caused by suspected abuse and/or
neglect.
○Fatal - Physical or emotional needs of a child are not met resulting in death.
●SEXUAL ABUSE
○Severity of sexual abuse should be determined based upon the type of contact,
duration of contact, and the emotional impact upon the child.
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GENERAL PROVISIONS OF COOPERATIVE AGREEMENT
A. The intent of this Agreement is to clarify and enhance cooperation between agencies to
protect children. It is recognized there may be differing opinions regarding some case
decisions. In those cases, referral to supervisory levels would be appropriate. The
District Attorney may provide guidance, as well. In extreme circumstances, the Court
may be requested to intervene to resolve issues related to the legal responsibility of
each agency.
B. Because agencies and communities are changing entities, annual review for
modification or evaluation is accepted as a part of this cooperative agreement. Anyone
from these parties can request an annual meeting to review and discuss issues directly
related to the fulfillment of this agreement.
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LEGAL AUTHORITY
LEGISLATIVE INTENT: Focus of the Cooperative Agreement shall be to ensure the best
protection for the child (Section 19-3-308 (5.5), C.R.S.)
COLORADO CHILDREN’S CODE TITLE 19, 19-1-102, C.R.S.
1. Secure for each child such care and guidance, preferably in his own home, as will best
serve his welfare.
2. Preserve and strengthen family ties.
3. Remove a child from parental custody only when he is endangered and for courts to
proceed with speed to serve his best interests.
4. To secure for any child removed from parental care the necessary care, guidance,
discipline.
COLORADO CRIMINAL CODE TITLE 18, 18-102 AND 102.5, C.R.S.
1. To define offenses, the act and mental state, and to give fair warning of what is
prohibited and the penalties upon conviction.
2. To forbid commission of offenses and act as a deterrent, rehabilitate and punish those
convicted.
3. To differentiate between serious and minor offenses, prescribe penalties proportionate to
seriousness and recognize rehabilitation possibilities.
4. To prevent arbitrary treatment of offenders and identify minimum standards for criminal
justice.
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THE UNDERSIGNED INDIVIDUALS REPRESENTING THEIR RESPECTIVE AGENCIES
HAVE READ THIS DOCUMENT AND AGREE TO IMPLEMENT THE PROCEDURES AS
OUTLINED.
________________________________________________________________________________
Heidi McCollum, DISTRICT ATTORNEY, 5TH JUDICIAL DISTRICT
________________________________________________________________________________
James Van Beek, EAGLE COUNTY SHERIFF
________________________________________________________________________________
Gregory Knott, Chief of Police, BASALT POLICE DEPARTMENT
________________________________________________________________________________
Ryan Kenney, Chief of Police, VAIL POLICE DEPARTMENT
________________________________________________________________________________
Gregory Daly, Chief of Police, AVON POLICE DEPARTMENT
________________________________________________________________________________
Carrie Buhlman, Interim Chief of Police, EAGLE POLICE DEPARTMENT
________________________________________________________________________________
Jared Rapp, Captain, COLORADO STATE PATROL
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________________________________________________________________________________
Megan Burch, Director, EAGLE COUNTY HUMAN SERVICES
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AGENDA ITEM NO. 5.3
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Chris Southwick, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 12, Series of 2024, A Resolution Approving a
State of Colorado Subward Agreement between the Town of Vail
and the Colorado Department of Transportation to Receive
Funding for the Purchase of Two Battery Electric Buses
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 12,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution 12, 2024-CDOT Subaward Agreement- 2 electric busses.docx
Envelope_Created_Town_of_Vail_PO_491003487.pdf
35
RESOLUTION NO. 12
Series of 2024
A RESOLUTION APPROVING A STATE OF COLORADO SUBAWARD
AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COLORADO
DEPARTMENT OF TRANSPORTATION TO RECEIVE FUNDING FOR THE
PURCHASE OF TWO ELECTRIC BUSES
WHEREAS,the Town and the Colorado Department of Transportation wish to
enter into an agreement for the purpose of providing funding for the purchase of two
electric busses pursuant to the terms set forth in Exhibit A, attached hereto and
incorporated herein by this reference (the "Agreement").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Agreement in substantially
the same form as attached hereto as Exhibit A, and in a form approved by the Town
Attorney, and authorizes the Town Manager to execute the Agreement on behalf of the
Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED,PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 19th day of March 2024.
Travis Coggin,Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
36
Contract Number: 24-HTR-ZL-00224 / 491003487
Page 1 of 47 Version 10/23/19
STATE OF COLORADO SUBAWARD AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number / PO Number
24-HTR-ZL-00224 / 491003487
Subrecipient
TOWN OF VAIL
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2025 Subaward Agreement Amount
Federal Funds
Maximum Amount (100%)
Agreement Total
$1,470,520.00
$1,470,520.00
Fund Expenditure End Date
December 31, 2025
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117.5, 43-1-701,
43-1-702 and 43-2-101(4)(c), appropriated and
otherwise made available pursuant to the FAST
ACT, MAP-21, SAFETEA_LU, 23 USC §104 and
23 USC §149.
Agreement Purpose
In accordance with the Consolidated Appropriations Act, the purpose of this Agreement is to use Community
Project Funding/Congressionally Directed Spenfing funds to provide technical assistance for rural
transportation in order to promote econiomic development. The work to be completed under this Agreement
by the Subrecipient is more specifically described in Exhibit A.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1. Exhibit A – Statement of Work and Budget.
2. Exhibit B – Sample Option Letter.
3. Exhibit C – Federal Provisions.
4. Exhibit D – Required Federal Contract/Agreement Clauses.
5. Exhibit E – Verification of Payment.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit C – Federal Provisions.
2. Exhibit D – Required Federal Contract/Agreement Clauses.
3. Colorado Special Provisions in §17 of the main body of this Agreement.
4. The provisions of the other sections of the main body of this Agreement.
5. Exhibit A – Statement of Work and Budget.
6. Executed Option Letters (if any).
Principal Representatives
For the State:
Erin Kelican
Division of Transit and Rail
Colorado Dept. of Transportation
2829 W. Howard Place
Denver, CO 80204
erin.kelican@state.co.us
For Subrecipient:
Chris Southwick
Town of Vail
75 South Frontage Road
Vail, CO 81657-5096
csouthwick@vailgov.com
DocuSign Envelope ID: 86DAAA9B-8B0E-41AE-90BA-D796D973DE1F
37
Contract Number: 24-HTR-ZL-00224 / 491003487
Page 2 of 47 Version 10/23/19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
SUBRECIPIENT
TOWN OF VAIL
By:___________________________
Name:_________________________
Title:__________________________
Date: __________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
2nd State or Subrecipient Signature if needed
By:___________________________
Name: __________________________
Title: __________________________
Date: _________________________
LEGAL REVIEW
Philip J. Weiser, Attorney General
__________________________________________
By: Assistant Attorney General
Date: __________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: 86DAAA9B-8B0E-41AE-90BA-D796D973DE1F
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Contract Number: 24-HTR-ZL-00224 / 491003487
Page 3 of 47 Version 10/23/19
TABLE OF CONTENTS
1. PARTIES................................................................................................................................................. 3
2. TERM AND EFFECTIVE DATE .......................................................................................................... 3
3. DEFINITIONS ........................................................................................................................................ 4
4. STATEMENT OF WORK AND BUDGET ........................................................................................... 6
5. PAYMENTS TO SUBRECIPIENT ........................................................................................................ 6
6. REPORTING - NOTIFICATION ........................................................................................................... 8
7. SUBRECIPIENT RECORDS ................................................................................................................. 9
8. CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9. CONFLICTS OF INTEREST ............................................................................................................... 10
10. INSURANCE ........................................................................................................................................ 11
11. BREACH OF AGREEMENT ............................................................................................................... 12
12. REMEDIES ........................................................................................................................................... 12
13. DISPUTE RESOLUTION .................................................................................................................... 14
14. NOTICES and REPRESENTATIVES .................................................................................................. 14
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16. GENERAL PROVISIONS .................................................................................................................... 15
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 17
1. PARTIES
This Agreement is entered into by and between Subrecipient named on the Cover Page for this Agreement (the
“Subrecipient”), and the STATE OF COLORADO acting by and through the State agency named on the Cover
Page for this Agreement (the “State”). Subrecipient and the State agree to the terms and conditions in this
Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Subrecipient for any Work performed or expense incurred before the Effective Date, except as described
in §5.D, or after the Fund Expenditure End Date.
B. Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, th e State, at
its discretion, upon written notice to Subrecipient in a form substantially equivalent to the Sample Option
Letter attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period
not to exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms
are available or not. The provisions of this Agreement in effect when such notice is given shall remain in
effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon
execution of a replacement Agreement or modification extending the total term of this Agreement.
DocuSign Envelope ID: 86DAAA9B-8B0E-41AE-90BA-D796D973DE1F
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Contract Number: 24-HTR-ZL-00224 / 491003487
Page 4 of 47 Version 10/23/19
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Subrecipient, which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Subrecipient of such termination in accordance with §14. The notice shall specify
the effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Subrecipient shall be subject
to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Agreement in the public interest, the State shall pay Subrecipient an amount
equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Subrecipient for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Subrecipient which are directly attributable to the
uncompleted portion of Subrecipient’s obligations, provided that the sum of any and all reimbursement
shall not exceed the Subaward Maximum Amount payable to Subrecipient hereunder.
F. Subrecipient’s Termination Under Federal Requirements
Subrecipient may request termination of this Agreement by sending notice to the State, or to the Federal
Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective
date of the termination. If this Agreement is terminated in this manner, then Subrecipient shall return any
advanced payments made for work that will not be performed prior to the effective date of the termination.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Agreement” means this subaward agreement, including all attached Exhibits, all documents incorporated
by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B. “Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award.
The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of
the Federal Award specifically indicate otherwise.
C. “Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Subrecipient, or the appointment of
a receiver or similar officer for Subrecipient or any of its property, which is not vacated or fully stayed within
30 days after the institution of such proceeding, shall also constitute a breach. If Subrecipient is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
D. “Budget” means the budget for the Work described in Exhibit A.
E. “Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24-11-101(1),
C.R.S.
F. “CORA” means the Colorado Open Records Act, §§24 -72-200.1, et. seq., C.R.S.
G. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Subrecipient’s Work that is intended to be delivered
by Subrecipient.
DocuSign Envelope ID: 86DAAA9B-8B0E-41AE-90BA-D796D973DE1F
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Contract Number: 24-HTR-ZL-00224 / 491003487
Page 5 of 47 Version 10/23/19
H. “Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signa ture Page for this Agreement.
I. “End of Term Extension” means the time period defined in §2.D.
J. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
K. “Extension Term” means the time period defined in §2.C.
L. “Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under
the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the
Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal
Award. The term does not include payments to a Subrecipient or payments to an individual that is a
beneficiary of a Federal program.
M. “Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. Federal
Transit Administration (FTA) is the Federal Awarding Agency for the Federal Award which is the subject of
this Agreement.
N. “FTA” means Federal Transit Administration.
O. “Goods” means any movable material acquired, produced, or delivered by Subrecipient as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Subrecipient in
connection with the Services.
P. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
Q. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24 -37.5-401,
et. seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a
State system or State Records regardless of where such information is located; (ii) unwanted disruption or
denial of service; (iii) the unauthorized use of a State system for the processing or sto rage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s knowledge,
instruction, or consent.
R. “Initial Term” means the time period defined in §2.B.
S. “Master Agreement” means the FTA Master Agreement document incorporated by reference and made part
of FTA’s standard terms and conditions governing the administration of a project supported with federal
assistance awarded by FTA.
T. “Matching Funds” (Local Funds, or Local Match) means the funds provided by Subrecipient as a match
required to receive the Grant Funds and includes in -kind contribution.
U. “Party” means the State or Subrecipient, and “Parties” means both the State and Subrecipient.
V. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother’s maiden name, or biometric records . PII includes,
but is not limited to, all information defined as personally identifiable information in §§24 -72-501 and 24-
73-101, C.R.S.
W. “Recipient” means the State agency shown on the Signature and Cover Page s of this Agreement, for the
purposes of this Federal Award.
X. “Services” means the services to be performed by Subrecipient as set forth in this Agreement and shall
include any services to be rendered by Subrecipient in connection with the Goods.
Y. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include but is not limited to PII and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include information or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Subrecipient which (i) is subject to disclos ure pursuant
to CORA; (ii) is already known to Subrecipient without restrictions at the time of its disclosure to
Subrecipient; (iii) is or subsequently becomes publicly available without breach of any obligation owed by
Subrecipient to the State; (iv) is disclosed to Subrecipient, without confidentiality obligations, by a third party
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who has the right to disclose such information; or (v) was independently developed without reliance on any
State Confidential Information.
Z. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24 -
30-202(13)(a), C.R.S.
AA. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
BB. “State Records” means any and all State data, information, and records regardless of physical form.
CC. “Subaward Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
DD. “Subcontractor” means any third party engaged by Subrecipient to aid in performance of the Work.
“Subcontractor” also includes sub -recipients of Grant Funds.
EE. “Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a
Federal program but does not include an individual that is a beneficiary of such program. A Subrecipient may
also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of
this Agreement, Contractor is a Subrecipient.
FF. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known a s the
“Super Circular, which supersedes requirements from OMB Circulars A -21, A-87, A-110, A-122, A-89, A-
102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up.
GG. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
HH. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not inc lude any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK AND BUDGET
Subrecipient shall complete the Work as described in this Agreement and in accordance with the provisions of
Exhibit A. The State shall have no liability to compensate Subrecipient for the delivery of any goods or the
performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO SUBRECIPIENT
A. Subaward Maximum Amount
Payments to Subrecipient are limited to the unpaid, obligated balance of the Grant Funds. The State shall not
pay Subrecipient any amount under this Agreement that exceeds the Subaward Maximum Amount shown on
the Cover Page of this Agreement as “Federal Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Subrecipient in the amounts and in accordance with the schedule and other
conditions set forth in Exhibit A.
b. Subrecipient shall initiate payment requests by invoice to the State, in a form and manner approved
by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Subrecipient and previously
accepted by the State during the term that the invoice covers. If the State determines that the amount
of any invoice is not correct, then Subrecipient shall make all changes necessary to correct that
invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
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ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24-30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Subrecipient shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Subrecipient disputes any calculation, determination or amount of any payment, Subrecipient shall
notify the State in writing of its dispute within 30 days following the earlier to occur of Subrecipient’s
receipt of the payment or notification of the determination or calculation of the payment by the State.
The State will review the information presented by Subrecipient and may make changes to its
determination based on this review. The calculation, determination or payment amount that results from
the State’s review shall not be subject to additional dispute under this subsection. No payment subject to
a dispute under this subsection shall be due until after the State has concluded its review, and the State
shall not pay any interest on any amount during the period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Subrecipient beyond the current State Fiscal Year is contingent on the appropriation
and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Subrecipient shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be
made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount
remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
v. Federal Recovery
The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State
to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance
recovery is to be made within the Record Retention Period, as defined below.
C. Matching Funds
Subrecipient shall provide Matching Funds as provided in Exhibit A. Subrecipient shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Subrecipient’s obligation to pay all or any part of any Matching Funds, whether
direct or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement
by the authorized representatives of Subrecipient and paid into Subrecipient’s treasury or bank account.
Subrecipient represents to the State that the amount designated “Subrecipient’s Matching Funds” in Exhibit
A has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid
into its treasury or bank account. Subrecipient does not by this Agreement irrevocably pledge present cash
reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple -fiscal
year debt of Subrecipient. Subrecipient shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Subrecipient’s laws or policies.
D. Reimbursement of Subrecipient Costs
i. The State shall reimburse Subrecipient for the federal share of properly documented allowable costs
related to the Work after review and approval thereof, subject to the provisions of §5, this Agreement,
and Exhibit A. However, any costs incurred by Subrecipient prior to the Effective Date shall not be
reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding
is retroactive. The State shall pay Subrecipient for costs or expenses incurred or performance by the
Subrecipient prior to the Effective Date, only if (1) the Grant Funds involve federal funding and (2)
federal laws, rules, and regulations applicable to the Work provide for such retroactive payments to the
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Subrecipient. Any such retroactive payments shall comply with State Fiscal Rules and be ma de in
accordance with the provisions of this Agreement.
ii. The State shall reimburse Subrecipient’s allowable costs, not exceeding the Subaward Maximum
Amount shown on the Cover Page of this Agreement and on Exhibit A for all allowable costs described
in this Agreement and shown in Exhibit A, except that Subrecipient may adjust the amounts between
each line item of Exhibit A without formal modification to this Agreement as long as the Subrecipient
provides notice to the State of the change, the change does not modify the Subaward Maximum Amount
or the Subaward Maximum Amount for any federal fiscal year or State Fiscal Year, and the change does
not modify any requirements of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Subrecipient (i.e. the price paid minus any items of value received by
Subrecipient that reduce the cost actually incurred).
iv. Subrecipient’s costs for Work performed after the Fund Expenditure End Date shown on the Cover Page
for this Agreement, or after any phase performance period end date for a respective phase of the Work,
shall not be reimbursable. Subrecipient shall initiate any payment request by submitting invoices to the
State in the form and manner set forth and approved by the State .
E. Close-Out
Subrecipient shall close out this Award within 45 days after the Fund Expenditure End Date shown on the
Cover Page for this Agreement. To complete close-out, Subrecipient shall submit to the State all Deliverables
(including documentation) as defined in this Agreement and Subrecipient’s final reimbursement request or
invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and
accepted by the State as substantially complete. If the Federal Awarding Agency has not closed this Federal
Award within one year and 90 days after the Fund Expenditure End Date shown on the Cover Page for this
Agreement due to Subrecipient’s failure to submit required documentation, then Subrecipient may be
prohibited from applying for new Federal Awards through the State until such documentation is submitted
and accepted.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Subrecipient shall submit, on a quarterly basis, a written report specifying progress made
for each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
to the State not later than five Business Days following the end of each calendar quar ter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Subrecipient is served with a pleading or other document in connection with an action before a court or
other administrative decision making body, and such pleading or document relates to this Agreement or may
affect Subrecipient’s ability to perform its obligations under this Agreement, Subrecipient shall, within 10
days after being served, notify the State of such action and deliver copies of such pleading or document to
the State’s Principal Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Subrecipient shall submit all financial, performance and other reports to the State no later than 45 calendar
days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term
exercised by the State, containing an evaluation and review of Subrecipient’s performance and the final status
of Subrecipient’s obligations hereunder.
D. Violations Reporting
Subrecipient shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all
violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance
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allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or
debarment.
7. SUBRECIPIENT RECORDS
A. Maintenance
Subrecipient shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file
of all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Service s (including, but not
limited to the operation of programs) or Goods hereunder (collectively, the “Subrecipient Records”).
Subrecipient shall maintain such records for a period of three years following the date of submission to the
State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the
submission of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation,
claim, or audit related to this Award starts before expir ation of the Record Retention Period, the Record
Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action
taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agenc y for audit,
oversight or indirect costs, and the State, may notify Subrecipient in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Subrecipient shall permit the State, the federal government, and any other duly authorized agent of a
governmental agency to audit, inspect, examine, excerpt, copy and transcribe Subrecipient Records during
the Record Retention Period. Subrecipient shall make Subrecipient Records available during normal business
hours at Subrecipient’s office or place of business, or at other mutually agreed upon times or locations, upon
no fewer than two Business Days’ notice from the State, unless the State determines that a shorter period of
notice, or no notice, is necessary to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental agency, in its
discretion, may monitor Subrecipient’s performance of its obligations under this Agreement using procedures
as determined by the State or that governmental entity. Subrecipient shall allow the State to perform all
monitoring required by the Uniform Guidance, based on the State’s risk analysis of Subrecipient and this
Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and
requirements at any time during the term of this Agreement. The State shall monitor Subrecipient’s
performance in a manner that does not unduly interfere with Subrecipient’s performance of the Work.
D. Final Audit Report
Subrecipient shall promptly submit to the State a copy of any final audit report of an audit performed o n
Subrecipient’s records that relates to or affects this Agreement or the Work, whether the audit is conducted
by Subrecipient or a third party. Additionally, if Subrecipient is required to perform a single audit under 2
CFR 200.501, et. seq., then Subrecipient shall submit a copy of the results of that audit to the State within
the same timelines as the submission to the federal government.
8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Subrecipient shall keep confidential, and cause all Subcontractors to keep confidential, all State Records,
unless those State Records are publicly available. Subrecipient shall not, without prior written approval of
the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State
Records, except as otherwise stated in this Agreement, permitted by law or approved in writing by the State.
Subrecipient shall provide for the security of all State Confidential Information in accordance with all
applicable laws, rules, policies, publications, and guidelines. Subrecipient shall immediately forward any
request or demand for State Records to the State’s Principal Representative identified on the Cover Page of
the Agreement.
B. Other Entity Access and Nondisclosure Agreements
Subrecipient may provide State Records to its agents, employees, assigns and Subcontractors as necessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement.
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Subrecipient shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Subrecipient shall provide copies of those signed nondisclosure provisions to the
State upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Subrecipient shall use, hold and maintain State Confidential Information in compliance with any and all
applicable laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Subrecipient shall provide the
State with access, subject to Subrecipient’s reasonable securit y requirements, for purposes of inspecting and
monitoring access and use of State Confidential Information and evaluating security control effectiveness.
Upon the expiration or termination of this Agreement, Subrecipient shall return State Records provided to
Subrecipient or destroy such State Records and certify to the State that it has done so, as directed by the State.
If Subrecipient is prevented by law or regulation from returning or destroying State Confidential Information,
Subrecipient warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Subrecipient becomes aware of any Incident, Subrecipient shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined
by the State. Unless Subrecipient can establish that Subrecipient and its agents, employees, and
Subcontractors are not the cause or source of the Incident, Subrecipient shall be responsible for the cost of
notifying each person who may have been impacted by the Incident. After an Incident, Subrecipient shall
take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which
may include, but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole
discretion and Subrecipient shall make all modifications as directed by the State. If Subrecipient cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such
analysis and produce a remediation plan, and Subrecipient shall reimburse the State for the reasonable costs
thereof. The State may, in its sole discretion and at Subrecipient’s sole expense, require Subrecipient to
engage the services of an independent, qualified, State-approved third party to conduct a security audit.
Subrecipient shall provide the State with the results of such audit and evidence of Subrecipient’s planned
remediation in response to any negative findings.
E. Data Protection and Handling
Subrecipient shall ensure that all State Records and Work Product in the p ossession of Subrecipient or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Subrecipient or any of its Subcontractors will or may receive PII under this Agreement, Subrecipient shall
provide for the security of such PII, in a manner and form acceptable to the State, including, without
limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer
access security, data access security, data storage encryption, data transmission encryption, security
inspections, and audits. Subrecipient shall be a “Third -Party Service Provider” as defined in §24-73-
103(1)(i), C.R.S., and shall maintain security procedures and practices consistent with §§24 -73-101 et seq.,
C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any
way with the full performance of the obligations of Subrecipient under this Agreement. Such a conflict of
interest would arise when a Subrecipient or Subcontractor’s employee, officer or agent were to offer or
provide any tangible personal benefit to an employee of the State, or any member of his or her immediate
family or his or her partner, related to the award of, entry into or mana gement or oversight of this Agreement.
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B. Apparent Conflicts of Interest
Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest
shall be harmful to the State’s interests. Absent the State’s prior written approval, Subrecipient shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Subrecipient’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Subrecipient is uncertain whether a conflict or the
appearance of a conflict has arisen, Subrecipient shall submit to the State a disclosure statement setting forth
the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to
follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Subrecipient acknowledges that all State employees are subject to the ethical principles described in §24-18-
105, C.R.S. Subrecipient further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Subrecipient employs or contracts with any State employee, any former State
employee within six months following such employee’s termination of employment with the State, or an y
immediate family member of such current or former State employee. Subrecipient shall provide a disclosure
statement as described in §9.C. no later than ten days following entry into a contractual or employment
relationship as described in this section. Failure to timely submit a disclosure statement shall constitute a
Breach of Agreement. Subrecipient may also be subject to such penalties as are allowed by law.
10. INSURANCE
Subrecipient shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance
as specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Subrecipient or Subcontractor employees acting within the course and scope of their employment.
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
D. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Subrecipient
and Subcontractors.
E. Primacy of Coverage
Coverage required of Subrecipient and each Subcontractor shall be primary over any insurance or self-
insurance program carried by Subrecipient or the State.
F. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Subrecipient and
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Subrecipient shall forward such notice to the State in accordance with §14 within seven days of
Subrecipient’s receipt of such notice.
G. Subrogation Waiver
All insurance policies secured or maintained by Subrecipient or its Subcontractors in relation to this
Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation
or otherwise against Subrecipient or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers.
H. Public Entities
If Subrecipient is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -
10-101, et seq., C.R.S. (the “GIA”), Subrecipient shall maintain, in lieu of the liability insurance requirements
stated above, at all times during the term of this Agreement such liability insurance, by commercial policy or
self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within
the meaning of the GIA, Subrecipient shall ensure that the Subcontractor maintain at all times during the
terms of this Subrecipient, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the
GIA.
I. Certificates
For each insurance plan provided by Subrecipient under this Agreement, Subrecipient shall provide to the
State certificates evidencing Subrecipient’s insurance coverage required in this Agreement prior to the
Effective Date. Subrecipient shall provide to the State certificates evidencing Subcontractor insurance
coverage required under this Agreement prior to the Effective Date, except that, if Subrecipient’s subcontract
is not in effect as of the Effective Date, Subrecipient shall p rovide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days following
Subrecipient’s execution of the subcontract. No later than 15 days before the expiration date of Subrecipient’s
or any Subcontractor’s coverage, Subrecipient shall deliver to the State certificates of insurance evidencing
renewals of coverage. At any other time during the term of this Agreement, upon request by the State,
Subrecipient shall, within seven Business Days following the request by the State, supply to the State
evidence satisfactory to the State of compliance with the provisions of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other
Party. If the notified Party does not cure the Breach of Agreement, at its sole expense, within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Subrecipient is
debarred or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure
period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement
as of the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Subrecipient is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Subrecipient’s uncured breach, the State may terminate this entire Agreement or any part
of this Agreement. Additionally, if Subrecipient fails to comply with any terms of the Federal Award,
then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this
entire Agreement or any part of this Agreement. Subrecipient shall continue performance of this
Agreement to the extent not terminated, if any.
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a. Obligations and Rights
To the extent specified in any termination notice, Subrecipient shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Subrecipient shall complete and deliver to the
State all Work not cancelled by the termination notice, and may incur obligations as necessary to do
so within this Agreement’s terms. At the request of the State, Subrecipient shall assign to the State
all of Subrecipient’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Subrecipient shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Subrecipient but in which the State has an interest. At the State’s
request, Subrecipient shall return materials owned by the State in Subrecipient’s possession at the
time of any termination. Subrecipient shall deliver all completed Work Product and all Work
Product that was in the process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Subrecipient for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that
Subrecipient was not in breach or that Subrecipient’s action or inaction was excusable, such
termination shall be treated as a termination in the public interest , and the rights and obligations of
the Parties shall be as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Subrecipient shall remain liable to the State
for any damages sustained by the State in connection with any breach by Subrecipient, and the State
may withhold payment to Subrecipient for the purpose of mitigating the State’s damages until such
time as the exact amount of damages due to the State from Subrecipient is determined. The State
may withhold any amount that may be due Subrecipient as the State deems necessary to protect the
State against loss including, without limitation, loss as a result of outstanding liens and excess costs
incurred by the State in procuring from third parties replacement Work as cover.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Subrecipient’s performance with respect to all or any portion of the Work pending
corrective action as specified by the State without entitling Subrecipient to an adjustment in price
or cost or an adjustment in the performance schedule. Subrecipient shall promptly cease performing
Work and incurring costs in accordance with the State’s directive, and the State shall not be liable
for costs incurred by Subrecipient after the suspension of performance.
b. Withhold Payment
Withhold payment to Subrecipient until Subrecipient corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Subrecipient’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the state ; provided, that any
denial of payment shall be equal to the value of the obligations not performed.
d. Removal
Demand immediate removal of any of Subrecipient’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Subrecipient
shall, as approved by the State (i) secure that right to use such Work for the State and Subrecipient;
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(ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Subrecipient’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Subrecipient,
following the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies
available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by
Subrecipient for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Subrecipient
shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State
Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Subrecipient wishes to
challenge any decision rendered by the Procurement Official, Subrecipient’s challenge shall be an appeal to
the executive director of the Department of Personnel and Administration, or their delegate, in the same
manner as described in the Resolution Statutes before Subrecipient pursues any further action. Excep t as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without
limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement .
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Part y
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Subrecipient agrees to provide to the State a royalty-free, non-exclusive and irrevocable license to reproduce
publish or otherwise use and to authorize others to use the Work Product described herein, for the Federal
Awarding Agency’s and State’s purposes. All Work Product shall be delivered to the State by Subrecipient
upon completion or termination hereof.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Subrecipient are the exclusive
property of the State (collectively, “State Materials”). Subrecipient shall not use, willingly allow, cause or
permit Work Product or State Materials to be used for any purpose other than the performance of
Subrecipient’s obligations in this Agreement without the prior written consent of the State. Upon termination
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of this Agreement for any reason, Subrecipient shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Subrecipient
Subrecipient retains the exclusive rights, title, and ownership to any and all pre -existing materials owned or
licensed to Subrecipient including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by
Subrecipient under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable
(collectively, “Subrecipient Property”). Subrecipient Property shall be licensed to the State as set forth in this
Agreement or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained
by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license
terms set forth in the applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Subrecipient’s rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such
consent shall be void. Any assignment or transfer of Subrecipient’s rights and obligations approved by the
State shall be subject to the provisions of this Agreement.
B. Subcontracts
Subrecipient shall not enter into any subaward or subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Subrecipient shall submit to the State a copy of
each such subaward or subcontract upon request by the State. All subawards and subcontracts entered into
by Subrecipient in connection with this Agreement shall comply with all applicable federal and state laws
and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject
to all provisions of this Agreement. If the entity with whom Subrecipient enters into a subcontract or
subaward would also be considered a Subrecipient, then the subcontract or subaward entered into by
Subrecipient shall also contain provisions permitting both Subrecipient and the State to perform all
monitoring of that Subcontractor in accordance with the Uniform Guidance.
C. Binding Effect
Except as otherwise provided in §16.A, all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
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I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Subrecipient’s or a Subcontractor’s website or any
provision incorporated into any click-through or online agreements related to the Work unless that provision
is specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Subrecipient. Subrecipient shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Subrecipient may wish
to have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A, this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege.
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Subrecipient shall perform its obligations under this Agreement in accordance with the highest standards of
care, skill and diligence in Subrecipient’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations
i. Subrecipient shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to
perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
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Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Subrecipient, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at its
sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Subrecipient shall comply with all applicable requirements of Exhibits C and D at all times during the term
of this Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee.
If this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S.,
then this Agreement shall not be valid until it has been approved by the State’s C hief Information Officer or
designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Subrecipient shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Subrecipient nor any agent or employee of Subrecipient shall be deemed to be an agent or employee of the
State. Subrecipient shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Subrecipient and its employees and agents
are not entitled to unemployment insurance or workers compensation benefits through the State and
the State shall not pay for or otherwise provide such coverage for Subrecipient or any of its agents or
employees. Subrecipient shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Agreement. Subrecipient shall (i) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law,
(ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and
those of its employees and agents.
E. COMPLIANCE WITH LAW.
Subrecipient shall comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment
practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by referenc e
which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
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G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Subrecipient harmless;
requires the State to agree to binding arbitration; limits Subrecipient’s liability for damages resulting from
death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be
void ab initio. Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109,
C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Subrecipient hereby certifies and warrants that, during the term of this Agreement and any extensions,
Subrecipient has and shall maintain in place appropriate systems and controls to prevent such improper use
of public funds. If the State determines that Subrecipient is in violation of this provision, the State may
exercise any remedy available at law or in equity or under this Agreement, including, without limitation,
immediate termination of this Agreement and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Subrecipient has no interest and shall not
acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of
Subrecipient’s services and Subrecipient shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Subrecipient in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Subrecipient by deduction from subsequent payments under this Agreement, deduction from any payment
due under any other contracts, grants or agreements between the State and Subrecipient, or by any other
appropriate method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Subrecipient certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United St ates
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Subrecipient shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
Subcontractor that fails to certify to Subrecipient that the Subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Subrecipient (i) shall not use E-Verify
Program or the program procedures of the Colorado Department of Labor and Employment (“Department
Program”) to undertake pre-employment screening of job applicants while this Agreement is being
performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher
education within three days if Subrecipient has actual knowledge that a Subcontractor is employing or
contracting with an illegal alien for work under this Agreement, (iii) shall terminate the subcontract if a
Subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the
notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Subrecipient
participates in the Department program, Subrecipient shall deliver to the contracting State agency, Institution
of Higher Education or political subdivision, a written, notar ized affirmation, affirming that Subrecipient has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
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Department program. If Subrecipient fails to comply with any requirement of this provision or §§8-17.5-101,
et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may
terminate this Agreement for breach and, if so terminated, Subrecipient shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Subrecipient, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty
of perjury that Subrecipient (i) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (ii) shall comply with the provisions of §§24 -76.5-101, et seq., C.R.S., and (iii) has produced
one form of identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description* 2022-CDSF: Vail: Two (2) Bus Replacements
Federal Awarding Agency Federal Transit Administration (FTA)
Federal Regional Contact Cindy Terwilliger
Federal Award Date** To Be Determined
Project End Date December 31, 2025
FAIN** To Be Determined CFDA # 20.526
CFDA Title Bus and Bus Facilities Grants Program
Subrecipient Town of Vail UEID # R17RS3JCQZ68
Contact Name Chris Southwick Vendor # 2000003
Address 75 South Frontage Road
Vail, CO 81657-5096
Phone # (970) 479-2159
Email csouthwick@vailgov.com Indirect Rate N/A
WBS*** 22-CP-0001.VAIL.111 ALI 11.12.04
Total Project Budget $1,470,520.00
CDSF Funds (100%) $1,470,520.00
Total Project Amount Encumbered via this Subaward Agreement $1,470,520.00
*This is not a research and development grant.
**The Federal Award Date and FAIN are not available at the time of execution of this Subaward Agreement. This
information will be maintained in COTRAMS, CDOT’s transit awards management system, and will be available
upon request.
*** The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Vail shall use 2022 CDSF funds to purchase Two (2) buses as more fully described below. The purchase
will support the goals of the Statewide Transit Plan.
Town of Vail shall use capital funds to purchase the following ADA compliant vehicles:
ALI QTY Fuel Type Description FTA Amount
11.12.04 2 Electric Replacement Bus < 30 FT $1,470,520
The Capital Asset(s) being purchased is/are replacing the following existing fleet vehicles:
VIN Fleet ID COTRAMS
Inventory Year Model Make
15GGD2716B1179549 190 INV-00016452 2011 LF40 (G27D) GIL - Gillig Corporation
15GGD2712B1179550 191 INV-00016469 2011 LF40 (G27D) GIL - Gillig Corporation
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B. Performance Standards
1. Project Milestones
2. Town of Vail shall use the Capital Asset(s) purchased in its transit operations and shall perform
regularly recurring maintenance with specific performance measures tied to Town of Vail’s
written maintenance plans, including manufacturer’s recommendations and warranty program(s).
Town of Vail will measure whether this project is successful and improves the efficiency,
effectiveness, and safety of transportation.
3. Performance will be reviewed throughout the duration of this Subaward Agreement. Town of Vail
shall report to the CDOT Project Manager whenever one or more of the following occurs:
a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
4. Town of Vail must comply and submit all reimbursements and reports associated, including the
assignment of “Colorado Department of Transportation” as the lienholder on the Capital Asset(s),
as a condition of project closeout.
C. Project Budget
1. The Total Project Budget is $1,470,520.00. CDOT will pay no more than up to the maximum
amount of $1,470,520.00. CDOT will retain any remaining balance of the federal share of FTA-
CDSF Funds. Town of Vail shall be solely responsible for all costs incurred in the project in
excess of the amount paid by CDOT from Federal Funds for the federal share of eligible, actual
costs. For CDOT accounting purposes, the Federal Funds of $1,470,520. will be encumbered for
this Subaward Agreement.
2. No refund or reduction of the amount of Town of Vail’s share to be provided will be allowed
unless there is at the same time a refund or reduction of the federal share of a proportionate
amount.
3. Town of Vail may use eligible federal funds for the Local Funds share, but those funds cannot be
from other Federal Department of Transportation (DOT) programs. Town of Vail’s share, together
with the Federal Funds share, must be enough to ensure payment of the Total Project Budget.
4. Per the terms of this Subaward Agreement, CDOT shall have no obligation to provide state funds
for use on this project. CDOT will administer Federal Funds for this project under the terms of this
Subaward Agreement, provided that the federal share of FTA funds to be administered by CDOT
are made available and remain available. Town of Vail shall initiate and prosecute to completion
all actions necessary to enable Town of Vail to provide its share of the Total Project Budget at or
prior to the time that such funds are needed to meet the Total Project Budget.
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager for
Approval
5/6/2024
Submit Procurement Authorization (PA) and solicitation docs CDOT Project Manager
for Approval
6/1/2024
Take Delivery of (First) Vehicle/Equipment/Project Property 12/15/2024
Take Delivery of and Accept All Vehicles/Equipment/Project Property 2/1/2025
Submit Reimbursement Request in COTRAMS 4/1//2025
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Subaward Agreement: December 31, 2025.
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D. Procurement
Procurement of the Capital Asset(s) will comply with state procurement proced ures, the DTR Quick Procurement
Guide, as well as FTA’s requirements and 2 CFR 200.320. In addition to the state requirements outlined below, state
and FTA procedures (where applicable) for purchase of the Capital Asset(s) must be followed and will be outlined
prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain a Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. Prior to entering into a purchasing agreement with the selected vendor, Town of Vail shall request
a Purchase Authorization (PA), and submit a vendor quote for the Capital Asset(s) in COTRAMS.
The PA must identify a manufacturer found on the FTA’s certified transit vehicle manufacturer
(TVM) list. Only those TVM’s listed on FTA’s TVM list, or that have submitted a goal
methodology to FTA that has been approved or has not been disapproved, at the time of
solicitation are eligible to bid on FTA funded vehicle procurements.
4. Upon delivery, Town of Vail shall be responsible for having the Capital Asset(s) inspected and
accepted within fifteen (15) calendar days of delivery. If defects prevent acceptance of the
Capital Asset(s), Town of Vail will contact the vendor to resolve any defects and notify CDOT.
5. Town of Vail shall be responsible for reimbursing the selected vendor within forty-five (45)
calendar days after acceptance of the Capital Asset(s).
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Vail upon submission of a complete
reimbursement packet in COTRAMS for those eligible costs incurred during the Subaward Agreement effective
dates.
Accepted reimbursement packets will include the following completed doc uments:
Independent Cost Estimate (ICE)
Procurement Concurrence Request (PCR)
Purchase Authorization (PA)
Signed Notice of Acceptance (NA)
Signed Security Agreement (SA)
Application for Title showing “Colorado Department of Transportation” as the lienholder
Invoice
Proof of Payment
Post Delivery Certifications
Town of Vail must submit the final invoice within sixty (60) calendar days of acceptance of the Capital Asset(s),
and submit a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fif teen (15) calendar days of
issuance of the final reimbursement payment.
F. Federal Interest-Service Life
The useful life of rolling stock begins on the date the vehicle is placed in revenue service and continues until it is
removed from revenue service. The minimum useful life in years refers to total time in transit revenue service, not
time spent stockpiled or otherwise unavailable for regular transit use. The minimum useful life in miles refers to
total miles in transit revenue service. Non-revenue miles and periods of extended removal from service do not count
towards useful life. Changes in operating circumstances, including unforeseen difficulty maintaining vehicles,
higher cost of fuel, and changes in local law limiting where vehicles can be operated are not exemptions from
minimum useful life requirements.
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FTA maintains its share of the remaining federal interest upon disposition of federally assisted property before the
end of its useful life or for a value greater than $5,000 after the useful life has been met, according to the provisions
of FTA C 5010.E1 Chapter IV(4)(o)(1).
Minimum useful life is determined by years of service or accumulation of miles, whichever comes first, in
accordance with FTA C. 5010.E1 Chapter IV(4)(f)(2).
Town of Vail shall not dispose or otherwise release the Capital Asset(s) to any other party while there is federal
interest in the Capital Asset(s) without approval from the CDOT Project Manager.
Town of Vail is responsible for making the request to the CDOT Project Manager in a timely manner, providing
appropriate documentation, if indicated, when a lien release is being requested in order to allow CDOT to process
the release of a lien.
CDOT and Town of Vail will work in conjunction with Department of Revenue (DOR) to assure th e lien is released
according to state rules.
G. Training
In an effort to enhance transit safety, Town of Vail and any subrecipients and subcontractors shall make a good faith
effort to ensure that appropriate training of agency and contracted personnel is occ urring and that personnel are up to
date in appropriate certifications. In particular, Town of Vail shall ensure that driving personnel are provided
professional training in defensive driving and training on the handling of mobility devices and transportin g older
adults and individuals with disabilities.
H. Safety Data
Town of Vail and any subrecipients shall maintain and submit, as requested, data related to bus safety. This may
include, but not be limited to, the number of vehicle accidents within certain me asurement parameters set forth by
CDOT, the number and extent of passenger injuries or claims, and the number and extent of employee accidents,
injuries, and incidents.
I. Restrictions on Lobbying
Town of Vail is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
J. Special Conditions
1. Town of Vail will comply with all requirements imposed by CDOT on Town of Vail so that the
federal award is used in accordance with federal statutes, regulations, and the terms and conditions
of the federal award.
2. Town of Vail must permit CDOT and their auditors to have access to Town of Vail’s records and
financial statements as necessary, with reasonable advance notice.
3. Record retention shall adhere to the requirements outlined in 2 CFR 200.333 and FTA C 5010.1.
4. Except as provided in this Subaward Agreement, Town of Vail shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to the execution of this
Subaward Agreement.
5. Town of Vail cannot request reimbursement for costs on this project from more than one Federal
Awarding Agency or other federal awards (i.e., no duplicate billing).
6. Town of Vail must obtain CDOT approval, in writing, if FTA funds are intended to be used for
payment of a lease or for third-party contracts.
7. Town of Vail shall document any loss, damage, or theft of FTA- or state-funded property,
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equipment, or rolling stock in COTRAMS.
8. If receiving FTA 5311 funding, Town of Vail shall advertise its fixed route and/or rural based
service as available to the general public and service will not be explicitly limited by trip purpose
or client type.
9. If receiving FTA 5311 funding, Town of Vail shall maintain and report annually all information
required by the National Transit Database (NTD) and any other financial, fleet, or service data.
10. If receiving FTA 5311 or 5339 funding, Town of Vail will ensure subcontractors and subrecipients
comply with FTA Drug and Alcohol Regulations.
11. Town of Vail shall ensure that it does not exclude from participation in, deny the benefits of, or
subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
12. Town of Vail shall seek to ensure non-discrimination in its programs and activities by developing
and maintaining a Title VI Program in accordance with the “Requirements for FTA Subrecipie nts”
in CDOT’s Title VI Program Plan and Federal Transit Administration Circular 4702.1B, “Title VI
Requirements and Guidelines for FTA Recipients.” The Party shall also facilitate FTA’s
compliance with Executive Order 12898 and DOT Order 5610.2(a) by inco rporating the principles
of environmental justice in planning, project development, and public outreach in accordance with
FTA Circular 4703.1 “Environmental Justice Policy Guidance for Federal Transit Administration
Recipients.”
13. Town of Vail will provide transportation services to persons with disabilities in accordance with
Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
14. Town of Vail shall develop and maintain an ADA Program in accordance with 28 CFR Part 35,
Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
15. Town of Vail shall ensure that it will comply with the Americans with Disabilities Act, Se ction
504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local laws, rules
and/or regulations. In any contract utilizing federal funds, land, or other federal aid, Town of Vail
shall require its subrecipients and/or contractors to provide a statement of written assurance that
they will comply with Section 504 and not discriminate on the basis of disability.
16. Town of Vail shall agree to produce and maintain documentation that supports compliance with
the Americans with Disabilities Act to CDOT upon request.
17. Town of Vail shall provide CDOT with an equity analysis if the project involves choosing a site or
location of a facility in accordance with FTA Circular 4702.1B.
18. Town of Vail shall update its Agency Profile in COTRAMS with any alterations to existing
construction or any new construction in accordance with FTA Circular 4710.1.
19. Town of Vail will adopt a Transit Asset Management Plan that complies with regulations
implementing 49 U.S.C. § 5326(d).
20. Town of Vail shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations,
49 CFR Part 26, and CDOT’s DBE program.
21. Meal delivery must not conflict with providing public transportat ion service or reduce service to
public transportation passengers.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Subrecipient
Insert Subrecipient's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of
the Original Contract
Subaward Agreement Amount
Federal Funds
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option Maximum Amount (%) $0.00
Local Funds Agreement Performance Beginning Date
The later of the Effective Date or Month, Day,
Year
Local Match Amount (%) $0.00
Agreement Total $0.00 Current Agreement Expiration Date
Month, Day, Year
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By:_______________________
Name:________________________
Title:__________________________
Date: _________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date: __________________
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EXHIBIT C, FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Grant to which these Federal Provisions are attached has been funded, in whole or in
part, with an Award of Federal funds. In the event of a conflict between the provisions of
these Federal Provisions, the Special Provisions, the body of the Grant, or any attachments
or exhibits incorporated into and made a part of the Grant, the provisions of these Federal
Provisions shall control.
1.2. The State of Colorado is accountable to Treasury for oversight of their subrecipients,
including ensuring their subrecipients comply with federal statutes, Award Terms and
Conditions, Treasury’s Final Rule, and reporting requirements, as applicable.
1.3. Additionally, any subrecipient that issues a subaward to another entity (2nd tier
subrecipient), must hold the 2nd tier subrecipient accountable to these provisions and
adhere to reporting requirements.
1.4. These Federal Provisions are subject to the Award as defined in §2 of these Federal
Provisions, as may be revised pursuant to ongoing guidance from the relevant Federal or
State of Colorado agency or institutions of higher education.
2. DEFINITIONS.
2.1. For the purposes of these Federal Provisions, the following terms shall have the
meanings ascribed to them below.
2.1.1. “Award” means an award of Federal financial assistance, and the Grant setting forth
the terms and conditions of that financial assistance, that a non -Federal Entity
receives or administers.
2.1.2. “Entity” means:
2.1.2.1. a Non-Federal Entity;
2.1.2.2. a foreign public entity;
2.1.2.3. a foreign organization;
2.1.2.4. a non-profit organization;
2.1.2.5. a domestic for-profit organization (for 2 CFR parts 25 and 170 only);
2.1.2.6. a foreign non-profit organization (only for 2 CFR part 170) only);
2.1.2.7. a Federal agency, but only as a Subrecipient under an Award or Subaward
to a non-Federal entity (or 2 CFR 200.1); or
2.1.2.8. a foreign for-profit organization (for 2 CFR part 170 only).
2.1.3. “Executive” means an officer, managing partner or any other employee in a
management position.
2.1.4. “Expenditure Category (EC)” means the category of eligible uses as defined by the
US Department of Treasury in “Appendix 1 of the Compliance and Reporting
Guidance, State and Local Fiscal Recovery Funds” report available at
www.treasury.gov.
2.1.5. “Federal Awarding Agency” means a Federal agency providing a Federal Award
to a Recipient as described in 2 CFR 200.1
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2.1.6. “Grant” means the Grant to which these Federal Provisions are attached.
2.1.7. “Grantee” means the party or parties identified as such in the Grant to which these
Federal Provisions are attached.
2.1.8. “Non-Federal Entity means a State, local government, Indian tribe, institution of
higher education, or nonprofit organization that carries out a Federal Award as a
Recipient or a Subrecipient.
2.1.9. “Nonprofit Organization” means any corporation, trust, association, cooperative, or
other organization, not including IHEs, that:
2.1.9.1. Is operated primarily for scientific, educational, service, charitable, or
similar purposes in the public interest;
2.1.9.2. Is not organized primarily for profit; and
2.1.9.3. Uses net proceeds to maintain, improve, or expand the operations of the
organization.
2.1.10. “OMB” means the Executive Office of the President, Office of Management and
Budget.
2.1.11. “Pass-through Entity” means a non-Federal Entity that provides a Subaward to a
Subrecipient to carry out part of a Federal program.
2.1.12. “Prime Recipient” means the Colorado State agency or institution of higher
education identified as the Grantor in the Grant to which these Federal Provisions
are attached.
2.1.13. “Subaward” means an award by a Prime Recipient to a Subrecipient funded in
whole or in part by a Federal Award. The terms and conditions of the Federal
Award flow down to the Subaward unless the terms and conditions of the Federal
Award specifically indicate otherwise in accordance with 2 CFR 200.101. The term
does not include payments to a Contractor or payments to an individual that is a
beneficiary of a Federal program.
2.1.14. “Subrecipient” or “Subgrantee” means a non-Federal Entity (or a Federal agency
under an Award or Subaward to a non-Federal Entity) receiving Federal funds
through a Prime Recipient to support the performance of the Federal project or
program for which the Federal funds were awarded. A Subrecipient is subject to
the terms and conditions of the Federal Award to the Prime Recipient, including
program compliance requirements. The term does not include an individual who is
a beneficiary of a federal program. For SLFRF Grants, a subrecipient
relationship continues to exist for Expenditure Category 6.1 Revenue Replacement.
2.1.15. “System for Award Management (SAM)” means the Federal repository into which
an Entity must enter the information required under the Transparency Act, which
may be found at http://www.sam.gov. “Total Compensation” means the cash and
noncash dollar value earned by an Executive during the Prime Recipient’s or
Subrecipient’s preceding fiscal year (see 48 CFR 52.204-10, as prescribed in 48
CFR 4.1403(a)) and includes the following:
2.1.15.1. Salary and bonus;
2.1.15.2. Awards of stock, stock options, and stock appreciation rights, using the
dollar amount recognized for financial statement reporting purposes with
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respect to the fiscal year in accordance with the Statement of Financial
Accounting Standards No. 123 (Revised 2005) (FAS 123R), Shared Based
Payments;
2.1.15.3. Earnings for services under non-equity incentive plans, not including group
life, health, hospitalization or medical reimbursement plans that do not
discriminate in favor of Executives and are available generally to all salaried
employees;
2.1.15.4. Change in present value of defined benefit and actuarial pension plans;
2.1.15.5. Above-market earnings on deferred compensation which is not tax-
qualified;
2.1.15.6. Other compensation, if the aggregate value of all such other compensation
(e.g., severance, termination payments, value of life insurance paid on
behalf of the employee, perquisites or property) for the Executive exceeds
$10,000.
2.1.16. “Transparency Act” means the Federal Funding Accountability and Transparency
Act of 2006 (Public Law 109-282), as amended by §6202 of Public Law 110-252.
2.1.17. “Uniform Guidance” means the Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The terms and conditions of the Uniform Guidance flow down to Awards
to Subrecipients unless the Uniform Guidance or the terms and conditions of the
Federal Award specifically indicate otherwise.
2.1.18. “Unique Entity ID Number” means the Unique Entity ID established by the
federal government for a Grantee at https://sam.gov/content/home
3. COMPLIANCE.
3.1. Grantee shall comply with all applicable provisions of the Transparency Act and the
regulations issued pursuant thereto, all provisions of the Uniform Guidance, and all
applicable Federal Laws and regulations required by this Federal Award. Any revisions
to such provisions or regulations shall automatically become a part of these Federal
Provisions, without the necessity of either party executing any further instrument. The
State of Colorado, at its discretion, may provide written notification to Grantee of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such
revisions.
3.2. Per US Treasury Final Award requirements, grantee programs or services must not
include terms or conditions that undermine efforts to stop COVID-19 or discourage
compliance with recommendations and CDC guidelines.
4. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID SYSTEM (UEI)
REQUIREMENTS.
4.1. SAM. Grantee shall maintain the currency of its information in SAM until the Grantee
submits the final financial report required under the Award or receives final payment,
whichever is later. Grantee shall review and update SAM information at least annually.
4.2. UEI. Grantee shall provide its Unique Entity ID to its Prime Recipient, and shall update
Grantee’s information in SAM.gov at least annually.
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5. TOTAL COMPENSATION.
5.1. Grantee shall include Total Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
5.1.1. The total Federal funding authorized to date under the Award is $30,000 or more;
and
5.1.2. In the preceding fiscal year, Grantee received:
5.1.2.1. 80% or more of its annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.2. $30,000,000 or more in annual gross revenues from Federal procurement
Agreements and Subcontractors and/or Federal financial assistance Awards
or Subawards subject to the Transparency Act; and
5.1.2.3. 5.1.2.3 The public does not have access to information about the
compensation of such Executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue Code of 1986.
6. REPORTING.
6.1. If Grantee is a Subrecipient of the Award pursuant to the Transparency Act, Grantee
shall report data elements to SAM and to the Prime Recipient as required in this Exhibit.
No direct payment shall be made to Grantee for providing any reports required under
these Federal Provisions and the cost of producing such reports shall be included in the
Grant price. The reporting requirements in this Exhibit are based on guidance from the
OMB, and as such are subject to change at any time by OMB. Any such changes shall
be automatically incorporated into this Grant and shall become part of Grantee’s
obligations under this Grant.
7. EFFECTIVE DATE AND DOLLAR THRESHOLD FOR FEDERAL REPORTING.
7.1. Reporting requirements in §8 below apply to new Awards as of October 1, 2010, if the
initial award is $30,000 or more. If the initial Award is below $30,000 but subsequent
Award modifications result in a total Award of $30,000 or more, the Award is subject
to the reporting requirements as of the date the Award exceeds $30,000. If the initial
Award is $30,000 or more, but funding is subsequently de-obligated such that the total
award amount falls below $30,000, the Award shall continue to be subject to the
reporting requirements. If the total award is below $30,000 no reporting required; if
more than $30,000 and less than $50,000 then FFATA reporting is required; and,
$50,000 and above SLFRF reporting is required.
7.2. The procurement standards in §9 below are applicable to new Awards made by Prime
Recipient as of December 26, 2015. The standards set forth in §11 below are applicable
to audits of fiscal years beginning on or after December 26, 2014.
8. SUBRECIPIENT REPORTING REQUIREMENTS. [INTENTIONALLY DELETED]
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9. PROCUREMENT STANDARDS.
9.1. Procurement Procedures. A Subrecipient shall use its own documented procurement
procedures which reflect applicable State, local, and Tribal laws and applicable
regulations, provided that the procurements conform to applicable Federal law and the
standards identified in the Uniform Guidance, including without limitation, 2 CFR
200.318 through 200.327 thereof.
9.2. Domestic preference for procurements (2 CFR 200.322). As appropriate and to the
extent consistent with law, the non-Federal entity should, to the greatest extent
practicable under a Federal award, provide a preference for the purchase, acquisition,
or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The
requirements of this section must be included in all subawards including all
Agreements and purchase orders for work or products under this award.
9.3. Procurement of Recovered Materials. If a Subrecipient is a State Agency or an agency
of a political subdivision of the State, its Contractors must comply with section 6002
of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247, that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the
item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
10. ACCESS TO RECORDS.
10.1. A Subrecipient shall permit Prime Recipient and its auditors to have access to
Subrecipient’s records and financial statements as necessary for Recipient to meet the
requirements of 2 CFR 200.332 (Requirements for pass-through entities), 2 CFR
200.300 (Statutory and national policy requirements) through 2 CFR 200.309 (Period
of performance), and Subpart F-Audit Requirements of the Uniform Guidance.
11. SINGLE AUDIT REQUIREMENTS.
11.1. If a Subrecipient expends $750,000 or more in Federal Awards during the
Subrecipient’s fiscal year, the Subrecipient shall procure or arrange for a single or
program-specific audit conducted for that year in accordance with the provisions of
Subpart F-Audit Requirements of the Uniform Guidance, issued pursuant to the Single
Audit Act Amendments of 1996, (31 U.S.C. 7501-7507). 2 CFR 200.501.
11.1.1. Election. A Subrecipient shall have a single audit conducted in accordance with
Uniform Guidance 2 CFR 200.514 (Scope of audit), except when it elects to have
a program-specific audit conducted in accordance with 2 CFR 200.507 (Program-
specific audits). The Subrecipient may elect to have a program-specific audit if
Subrecipient expends Federal Awards under only one Federal program (excluding
research and development) and the Federal program’s statutes, regulations, or the
terms and conditions of the Federal award do not require a financial statement audit
of Prime Recipient. A program-specific audit may not be elected for research and
development unless all of the Federal Awards expended were received from
Recipient and Recipient approves in advance a program-specific audit.
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11.1.2. Exemption. If a Subrecipient expends less than $750,000 in Federal Awards during
its fiscal year, the Subrecipient shall be exempt from Federal audit requirements for
that year, except as noted in 2 CFR 200.503 (Relation to other audit requirements),
but records shall be available for review or audit by appropriate officials of the
Federal agency, the State, and the Government Accountability Office.
11.1.3. Subrecipient Compliance Responsibility. A Subrecipient shall procure or
otherwise arrange for the audit required by Subpart F of the Uniform Guidance and
ensure it is properly performed and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare appropriate financial statements,
including the schedule of expenditures of Federal awards in accordance with 2 CFR
200.510 (Financial statements) and provide the auditor with access to personnel,
accounts, books, records, supporting documentation, and other information as
needed for the auditor to perform the audit required by Uniform Guidance Subpart
F-Audit Requirements.
12. GRANT PROVISIONS FOR SUBRECIPIENT AGREEMENTS.
12.1. In addition to other provisions required by the Federal Awarding Agency or the Prime
Recipient, Grantees that are Subrecipients shall comply with the following provisions.
Subrecipients shall include all of the following applicable provisions in all
Subcontractors entered into by it pursuant to this Grant.
12.1.1. [Applicable to federally assisted construction Agreements.] Equal Employment
Opportunity. Except as otherwise provided under 41 CFR Part 60, all Agreements
that meet the definition of “federally assisted construction Agreement” in 41 CFR
Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment
Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, “Amending Executive Order 11246 Relating
to Equal Employment Opportunity,” and implementing regulations at 41 CFR part
60, Office of Federal Agreement Compliance Programs, Equal Employment
Opportunity, Department of Labor.
12.1.2. [Applicable to on-site employees working on government-funded construction,
alteration and repair projects.] Davis-Bacon Act. Davis-Bacon Act, as amended
(40 U.S.C. 3141-3148).
12.1.3. Rights to Inventions Made Under a grant or agreement. If the Federal Award meets
the definition of “funding agreement” under 37 CFR 401.2 (a) and the Prime
Recipient or Subrecipient wishes to enter into an Agreement with a small business
firm or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that “funding
agreement,” the Prime Recipient or Subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Agreements
and Cooperative Agreements,” and any implementing regulations issued by the
Federal Awarding Agency.
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12.1.4. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Agreements and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal awardees
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal Awarding Agency and the Regional Office of the
Environmental Protection Agency (EPA).
12.1.5. Debarment and Suspension (Executive Orders 12549 and 12689). A Agreement
award (see 2 CFR 180.220) must not be made to parties listed on the government
wide exclusions in SAM, in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
12.1.6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid
for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds
to pay any person or organization for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining
any Federal Agreement, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from
tier to tier up to the non-Federal award.
12.1.7. Never Contract with the Enemy (2 CFR 200.215). Federal awarding agencies and
recipients are subject to the regulations implementing “Never Contract with the
Enemy” in 2 CFR part 183. The regulations in 2 CFR part 183 affect covered
Agreements, grants and cooperative agreements that are expected to exceed
$50,000 within the period of performance, are performed outside the United States
and its territories, and are in support of a contingency operation in which members
of the Armed Forces are actively engaged in hostilities.
12.1.8. Prohibition on certain telecommunications and video surveillance services or
equipment (2 CFR 200.216). Grantee is prohibited from obligating or expending
loan or grant funds on certain telecommunications and video surveillance services
or equipment pursuant to 2 CFR 200.216.
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12.1.9. Title VI of the Civil Rights Act. The Subgrantee, Contractor, Subcontractor,
transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964,
which prohibits recipients of federal financial assistance from excluding from a
program or activity, denying benefits of, or otherwise discriminating against a
person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as
implemented by the Department of Treasury’s Title VI regulations, 31 CFR Part
22, which are herein incorporated by reference and made a part of this Agr eement
(or agreement). Title VI also includes protection to persons with “Limited English
Proficiency” in any program or activity receiving federal financial assistance, 42
U.S. C. § 2000d et seq., as implemented by the Department of the Treasury’s Title
VI regulations, 31 CRF Part 22, and herein incorporated by reference and made part
of this Agreement or agreement.
13. CERTIFICATIONS.
13.1. Subrecipient Certification. Subrecipient shall sign a “State of Colorado Agreement
with Recipient of Federal Recovery Funds” Certification Form in Exhibit E and submit
to State Agency with signed grant agreement.
13.2. Unless prohibited by Federal statutes or regulations, Prime Recipient may require
Subrecipient to submit certifications and representations required by Federal statutes
or regulations on an annual basis. 2 CFR 200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement of the Federal award.
Subrecipient shall certify in writing to the State at the end of the Award that the project
or activity was completed or the level of effort was expended. 2 CFR 200.201(3). If
the required level of activity or effort was not carried out, the amount of the Award
must be adjusted.
14. EXEMPTIONS.
14.1. These Federal Provisions do not apply to an individual who receives an Award as a
natural person, unrelated to any business or non-profit organization he or she may own
or operate in his or her name.
14.2. A Grantee with gross income from all sources of less than $300,000 in the previous tax
year is exempt from the requirements to report Subawards and the Total Compensation
of its most highly compensated Executives.
15. EVENT OF DEFAULT AND TERMINATION.
15.1. Failure to comply with these Federal Provisions shall constitute an event of default
under the Grant and the State of Colorado may terminate the Grant upon 30 days prior
written notice if the default remains uncured five calendar days following the
termination of the 30-day notice period. This remedy will be in addition to any other
remedy available to the State of Colorado under the Grant, at law or in equity.
15.2. Termination (2 CFR 200.340). The Federal Award may be terminated in whole or in
part as follows:
15.2.1. By the Federal Awarding Agency or Pass-through Entity, if a Non-Federal Entity
fails to comply with the terms and conditions of a Federal Award;
15.2.2. By the Federal awarding agency or Pass-through Entity, to the greatest extent
authorized by law, if an award no longer effectuates the program goals or agency
priorities;
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15.2.3. By the Federal awarding agency or Pass-through Entity with the consent of the
Non-Federal Entity, in which case the two parties must agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated;
15.2.4. By the Non-Federal Entity upon sending to the Federal Awarding Agency or Pass-
through Entity written notification setting forth the reasons for such termination,
the effective date, and, in the case of partial termination, the portion to be
terminated. However, if the Federal Awarding Agency or Pass-through Entity
determines in the case of partial termination that the reduced or modified portion
of the Federal Award or Subaward will not accomplish the purposes for which the
Federal Award was made, the Federal Awarding Agency or Pass-through Entity
may terminate the Federal Award in its entirety; or
15.2.5. By the Federal Awarding Agency or Pass-through Entity pursuant to termination
provisions included in the Federal Award.
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EXHIBIT D, REQUIRED FEDERAL CONTRACT/AGREEMENT CLAUSES
Section 3(l) – No Federal government obligations to third-parties by use of a disclaimer
No Federal/State Government Commitment or Liability to Third Parties. Except as the Federal Government or
CDOT expressly consents in writing, the Subrecipient agrees that:
(1) The Federal Government or CDOT does not and shall not have any commitment or liability related to the
Underlying Agreement, to any Third party Participant at any tier, or to any other person or entity that is not
a party (FTA, CDOT or the Subrecipient) to the underlying Agreement, and
(2) Notwithstanding that the Federal Government or CDOT may have concurred in or approved any Solicitation
or Third party Agreement at any tier that may affect the underlying Agreement, the Federal Government and
CDOT does not and shall not have any commitment or liability to any Third Party Participant or other entity
or person that is not a party (FTA, CDOT, or the Subrecipient) to the underlying Agreement.
Section 4(f) – Program fraud and false or fraudulent statements and related acts
False or Fraudulent Statements or Claims.
(1) Civil Fraud. The Subrecipient acknowledges and agrees that:
(a) Federal laws, regulations, and requirements apply to itself and its Agreement, including the Program
Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq., and U.S. DOT regulations,
“Program Fraud Civil Remedies,” 49 CFR part 31.
(b) By executing the Agreement, the Subrecipient certifies and affirms to the Federal Government the
truthfulness and accuracy of any claim, statement, submission, certification, assurance, affirmation, or
representation that the Subrecipient provides to the Federal Government and CDOT.
(c) The Federal Government and CDOT may impose the penalties of the Program Fraud Civil Remedies
Act of 1986, as amended, and other applicable penalties if the Subrecipient presents, submits, or makes
available any false, fictitious, or fraudulent information.
(2) Criminal Fraud. The Subrecipient acknowledges that 49 U.S.C. § 5323(l)(1) authorizes the Federal
Government to impose the penalties under 18 U.S.C. § 1001 if the Subrecipient provides a false, fictitious,
or fraudulent claim, statement, submission, certification, assurance, or representation in connection with a
federal public transportation program under 49 U.S.C. chapter 53 or any other applicable federal law.
Section 9. Record Retention and Access to Sites of Performa nce.
(a) Types of Records. The Subrecipient agrees that it will retain, and will require its Third party Participants to retain,
complete and readily accessible records related in whole or in part to the underlying Agreement, including, but
not limited to, data, documents, reports, statistics, subagreements, leases, third party contracts, arrangements,
other third party agreements of any type, and supporting materials related to those records.
(b). Retention Period. The Subrecipient agrees to comply with the record retention requirements in the applicable U.S.
OT Common Rule. Records pertaining to its Award, the accompanying underlyingAgreement, and any
Amendments thereto must be retained from the day the underlying Agreement was signed by the authorized FTA
(or State) official through the course of the Award, the accompanying Agreement, and any Amendments thereto
until three years after the Subrecipient has submitted its last or final expenditure report, and other pending matters
are closed.
(c) Access to Recipient and Third party Participant Records. The Subrecipient agrees and assures that each
Subrecipient, if any, will agree to:
(1) Provide, and require its Third Party Participants at each tier to provide, sufficient access to inspect and audit
records and information related to its Award, the accompanying Agreement, and any Amendments thereto to
the U.S. Secretary of Transportation or the Secretary’s duly authorized representatives, to the Comptroller
General of the United States, and the Comptroller General’s duly authorized representatives, and to the
Subrecipient and each of its Subrecipients,
(2) Permit those individuals listed above to inspect all work and materials related to its Award, and to audit any
information related to its Award under the control of the Subrecipient or Third party Participant within books,
records, accounts, or other locations, and
(3) Otherwise comply with 49 U.S.C. § 5325(g), and federal access to records requirements as set forth in the
applicable U.S. DOT Common Rules.
(d) Access to the Sites of Performance. The Subrecipient agrees to permit, and to require its Third party Participants
to permit, FTA and CDOT to have access to the sites of performance of its Award, the accompanying Agreement,
and any Amendments thereto, and to make site visits as needed in compliance with State and the U.S. DOT
Common Rules.
(e) Closeout. Closeout of the Award does not alter the record retention or access requirements of this section of th e
Master Agreement.
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3(G) – Federal Changes
Application of Federal, State, and Local Laws, Regulations, Requirements, and Guidance .
The Subrecipient agrees to comply with all applicable federal requirements and federal guidance. All standards
or limits are minimum requirements when those standards or limits are included in the Recipient’s Agreement or
this Master Agreement. At the time the FTA Authorized Official (or CDOT) awards federal assistance to the
Subrecipient in support of the Agreement, the federal requirements and guidance that apply then may be mo dified
from time to time and will apply to the Subrecipient or the accompanying Agreement, except as FTA determines
otherwise in writing.
12 – Civil Rights
(c) Nondiscrimination – Title VI of the Civil Rights Act. The Subrecipient agrees to, and assures that each Third
party Participant, will:
(1) Prohibit discrimination on the basis of race, color, or national origin,
(2) Comply with:
(i) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq.;
(ii) U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of
Transportation – Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332 ; and
(3) Follow:
(i) The most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal
Transit Administration Recipients,” to the extent consistent with applicable federal laws,
regulations, requirements, and guidance;
(ii) U.S. DOJ, “Guidelines for the enforcement of Title VI, Civil Rights Act of 1964,” 28 CFR § 50.3;
and
(iii) All other applicable federal guidance that may be issued.
(d) Equal Employment Opportunity.
(1) Federal Requirements and Guidance. The Subrecipient agrees to, and assures that each Third Party
Participant will prohibit discrimination on the basis of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and:
(i) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.;
(ii) Comply with Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§
12101, et seq.;
(iii) Facilitate compliance with Executive Order No. 11246, “Equal Employment Opportunity”
September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends
or supersedes it in part and is applicable to federal assistance programs;
(iv) Comply with federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of th e
Master Agreement;
(v) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for
Federal Transit Administration Recipients;” and
(vi) Follow other federal guidance pertaining to EEO laws, regulations, and requirements .
(2). Specifics. The Subrecipient agrees to, and assures that each Third Party Participant will:
(i) Affirmative Action. Take affirmative action that includes, but is not limited to:
(A) Recruitment advertising, recruitment, and employment;
(B) Rates of pay and other forms of compensation;
(C) Selection for training, including apprenticeship, and upgrading; and
(D) Transfers, demotions, layoffs, and terminations; but
(ii) Indian Tribe. Recognize that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian
Tribes under the definition of “Employer,” and
(3) Equal Employment Opportunity Requirements for Construction Activities . Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor,” 41 CFR chapter 60; and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September
24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or
supersedes it, referenced in 42 U.S.C. § 2000e note.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
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(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply; but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR
part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local
Government Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and
Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64, Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609;
(x) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xi) Other applicable federal civil rights and nondiscrimination regulations and guidance.
Incorporation of FTA Terms – 16.a.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations,
and requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party C ontracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and
guidance.
Energy Conservation – 26.j
(a) Energy Conservation. The Subrecipient agrees to, and assures that its Subrecipients, will comply with the
mandatory energy standards and policies of its state energy conservation plans under the Energy Policy and
Conservation Act, as amended, 42 U.S.C. § 6321 et seq., and perform an energy assessment for any building
constructed, reconstructed, or modified with federal assistance required under FTA regulations,
“Requirements for Energy Assessments,” 49 CFR part 622, subpart C.
Applicable to Awards exceeding $10,000
Section 11. Right of the Federal Government to Terminate.
(a) Justification. After providing written notice to the Subrecipient, the Subrecipient agrees that the Federal
Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the
Award if:
(1) The Subrecipient has failed to make reasonable progress implementing the Award;
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(2) The Federal Government determines that continuing to provide federal assistance to support the Award does
not adequately serve the purposes of the law authorizing the Award; or
(3) The Subrecipient has violated the terms of the Agreement, especially if that violation would endanger
substantial performance of the Agreement.
(b) Financial Implications. In general, termination of federal assistance for the Award will not invalidate obligations
properly incurred before the termination date to the extent that the obligations cannot be canceled. The Federal
Government may recover the federal assistance it has provided for the Award, including the federal assistance for
obligations properly incurred before the termina tion date, if it determines that the Subrecipient has misused its
federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property,
or failing to comply with the Agreement, and require the Subrecipient to refund the entire amount or a lesser
amount, as the Federal Government may determine including obligations properly incurred before the termination
date.
(c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of
performance established for the Award does not, by itself, constitute an expiration or termination of the Award;
FTA may extend the period of performance to assure that each Formula Project or related activities and each
Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems
appropriate.
Applicable to Awards exceeding $25,000
From Section 4. Ethics.
(a) Debarment and Suspension. The Subrecipient agrees to the following:
(1) It will comply with the following requirements of 2 CFR part 180, subpart C, as adopted and
supplemented by U.S. DOT regulations at 2 CFR part 1200.
(2) It will not enter into any “covered transaction” (as that phrase is defined at 2 CFR §§ 180.220 and
1200.220) with any Third Party Participant that is, or whose principal is, suspended, debarred, or
otherwise excluded from participating in covered transactions, except as authorized by-
(i) U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200;
(ii) U.S. OMB regulatory guidance, “Guidelines to Agencies on Government-wide Debarment and
Suspension (Nonprocurement),” 2 CFR part 180; and
(iii) Other applicable federal laws, regulations, or requirements regarding participation with debarred or
suspended Subrecipients or Third Party Participants.
(3) It will review the U.S. GSA “System for Award Management – Lists of Parties Excluded from Federal
Procurement and Nonprocurement Programs,” if required by U.S. DOT regulations, 2 CFR part 1200.
(4) It will that its Third Party Agreements contain provisions necessary to flow down these suspension and
debarment provisions to all lower tier covered transactions.
(5) If the Subrecipient suspends, debars, or takes any similar action against a Third Party Participant or
individual, the Subrecipient will provide immediate written notice to the:
(i) FTA Regional Counsel for the Region in which the Subrecipient is located or implements the
underlying Agreement,
(ii) FTA Headquarters Manager that administers the Grant or Cooperative Agreement, or
(iii) FTA Chief Counsel.
Applicable to Awards exceeding the simplified acquisition threshold ($100,000-see Note)
Note: Applicable when tangible property or construction will be acquired
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
Buy America. The domestic preference procure ment requirements of 49 U.S.C. § 5323(j), and FTA regulations,
“Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. § 5323(j).
Section 39. Disputes, Breaches, Defaults, and Litigation.
(a) FTA Interest. FTA has a vested interest in the settlement of any violation of federal law, regulation, or
disagreement involving the Award, the accompanying underlying Agreement, and any Amendments thereto
including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to
concur in any settlement or compromise.
(b) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the
Federal Government emerges, the Subrecipient must promptly notify the FTA Chief Counseland FTA
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Regional Counsel for the Region in which the Subrecipient is located. The Subrecipient must include a similar
notification requirement in its Third Party Agreements and must require each Third Party Participant to
include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered
transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach,
default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in
any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s
interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the
Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) Additional Notice to U.S. DOT Inspector General. The Subrecipient must promptly notify the U.S. DOT
Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which
the Subrecipient is located, if the Subrecipient has knowledge of potential fraud, waste, or abuse
occurring on a Project receiving assistance from FTA. The notification provision applies if a person has
or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may
have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of
interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct
involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement
or another agreement between the Subrecipient and FTA, or an agreement involving a principal, officer,
employee, agent, or Third Party Participant of the Subrecipient. It also applies to subcontractors at any
tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or
civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal
indictment or civil complaint, or probable cause that could support a criminal indictment, or any other
credible information in the possession of the Subrecipient. In this paragraph, “promptly” means to refer
information without delay and without change. This notification provision applies to all divisions of the
Subrecipient, including divisions tasked with law enfo rcement or investigatory functions.
(c) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any
proceeds recovered from any third party, based on the percentage of the federal share for the Agreement.
Notwithstanding the preceding sentence, the Subrecipient may return all liquidated damages it receives to its
Award Budget for its Agreement rather than return the federal share of those liquidated damages to the
Federal Government, provided that the Subrecipient receives FTA’s prior written concurrence.
(d) Enforcement. The Subrecipient must pursue its legal rights and remedies available under any third party
agreement, or any federal, state, or local law or regulation.
Applicable to Awards exceeding $100,000 by Statute
From Section 4. Ethics.
a. Lobbying Restrictions. The Subrecipient agrees that neither it nor any Third Party Participant will use federal
assistance to influence any officer or employee of a federal agency, member of Congress or an employee of a
member of Congress, or officer or employee of Congress on matters that involve the underlying Agreement,
including any extension or modification, according to the following:
(1) Laws, Regulations, Requirements, and Guidance. This includes:
(i) The Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended;
(ii) U.S. DOT regulations, “New Restrictions on Lobbying,” 49 CFR part 20, to the extent consistent with
31 U.S.C. § 1352, as amended; and
(iii) Other applicable federal laws, regulations, requirements, and guidance prohibiting the use of federal
assistance for any activity concerning legislation or appropriations designed to influence the U.S.
Congress or a state legislature; and
(2) Exception. If permitted by applicable federal law, regulations, requirements, or guidance, such lobbying
activities described above may be undertaken through the Subrecipient’s or Subrecipient’s proper official
channels.
Section 26. Environmental Protections – Clean Air and Clean Water
(d) Other Environmental Federal Laws. The Subrecipient agrees to comply or facilitate compliance, and assures
that its Third Party Participants will comply or facilitate compliance, with all applicable federal laws,
regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean
Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the
Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource
Conservation and Recovery Act, Comprehensive Environmental Response, Compensation, and Liability Act,
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Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order No. 11988, as
amended, “Floodplain Management.”
Applicable with the Transfer of Property or Persons
Section 15. Preference for United States Products and Services.
Except as the Federal Government determines otherwise in writing, the Subrecipient agrees to comply with FTA’s
U.S. domestic preference requirements and follow federal guidance, including:
(a) Buy America. The domestic preference procurement requirements of 49 U.S.C. § 5323(j), and FTA
regulations, “Buy America Requirements,” 49 CFR part 661, to the extent consistent with 49 U.S.C. §
5323(j);
(c) Cargo Preference. Preference – Use of United States-Flag Vessels. The shipping requirements of 46 U.S.C.
§ 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR
part 381; and
(d) Fly America. The air transportation requirements of Section 5 of the International Air Transportation Fair
Competitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. General Services
Administration (U.S. GSA) regulations, “Use of United States Flag Air Carriers,” 41 CFR §§ 301-10.131 –
301-10.143.
Applicable to Construction Activities
Section 24. Employee Protections.
a. Awards Involving Construction. The Subrecipient agrees to comply and assures that each Third Party Participant
will comply with all federal laws, regulations, and requirements providing protections for construction employees
involved in each Project or related activities with federal assistance provided thro ugh the underlying Agreement,
including the:
(1) Prevailing Wage Requirements of:
(i) Federal transit laws, specifically 49 U.S.C. § 5333(a), (FTA’s “Davis -Bacon Related Act”);
(ii) The Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147; and
(iii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standa rds Act),” 29 CFR part 5.
(2) Wage and Hour Requirements of:
(i) Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3702, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (also Labor Standards Provisions Applicable to Nonconstruction
Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
(3) “Anti-Kickback” Prohibitions of:
(i) Section 1 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. § 874;
(ii) Section 2 of the Copeland “Anti-Kickback” Act, as amended, 40 U.S.C. § 3145; and
(iii) U.S. DOL regulations, “Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States,” 29 CFR part 3.
(4) Construction Site Safety of:
(i) Section 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. § 3704, and
other relevant parts of that Act, 40 U.S.C. § 3701 et seq.; and
(ii) U.S. DOL regulations, “Recording and Reporting Occupational Injuries and Illnesses,” 29 CFR part
1904; “Occupational Safety and Health Standards,” 29 CFR part 1910; and “Safety and Health
Regulations for Construction,” 29 CFR part 1926.
From Section 16
(n) Bonding. The Subrecipient agrees to comply with the following bonding requirements and restrictions as provided
in federal regulations and guidance:
(1) Construction. As provided in federal regulations and modified by FTA guidance, for each Project or related
activities implementing the Agreement that involve construction, it will provide bid guarantee bonds, contract
performance bonds, and payment bonds.
(2) Activities Not Involving Construction. For each Project or related activities implementing the Agreement not
involving construction, the Subrecipient will not impose excessive bonding and will follow FTA guidance.
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From Section 23
(b) Seismic Safety. The Subrecipient agrees to comply with the Earthquake Hazards Reduction Act of 1977, as
amended, 42 U.S.C. § 7701 et seq., and U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically,
49 CFR § 41.117.
Section 12 Civil Rights D(3)
Equal Employment Opportunity Requirements for Construction Activities. Comply, when undertaking
“construction” as recognized by the U.S. Department of Labor (U.S. DOL), with:
(i.) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Oppor tunity,
Department of Labor,” 41 CFR chapter 60, and
(ii) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965,
42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends
or supersedes it, referenced in 42 U.S.C. § 2000e note.
Applicable to Nonconstruction Activities
From Section 24. Employee Protections
(b) Awards Not Involving Construction. The Subrecipient agrees to comply and assures that each Third Party
Participant will comply with all federal laws, regulations, and requirements providing wage and hour protections
for nonconstruction employees, including Section 102 of the Contract Work Hours and Safety Standards Act, as
amended, 40 U.S.C. § 3702, and other rele vant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL
regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction (also Labor Standards Provisions Applicable to Nonconstruction Contracts S ubject to the Contract
Work Hours and Safety Standards Act),” 29 CFR part 5.
Applicable to Transit Operations
a. Public Transportation Employee Protective Arrangements . As a condition of award of federal assistance
appropriated or made available for FTA programs involving public transportation operations, the Subrecipient
agrees to comply and assures that each Third Party Participant will comply with the following employee protective
arrangements of 49 U.S.C. § 5333(b):
(1) U.S. DOL Certification. When its Awarded, the accompanying Agreement, or any Amendments thereto
involve public transportation operations and are supported with federal assistance appropriated or made
available for 49 U.S.C. §§ 5307 – 5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 5338(b),
or 5339, or former 49 U.S.C. §§ 5308, 5309, 5312, or other provisions of law as required by the Federal
Government, U.S. DOL must provide a certification of employee protective arrangements before FTA
may provide federal assistance for that Award. The Subrecipient agrees that the certification issued by
U.S. DOL is a condition of the underlying Agreement and that the Subrecipient must comply with its
terms and conditions.
(2) Special Warranty. When its Agreement involves public transportation operations and is supported with
federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special
Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The
Subrecipient agrees that its U.S. DOL Special Warranty is a condition of the underlying Agreement and
the Subrecipient must comply with its terms and conditions.
(3) Special Arrangements for Agreements for Federal Assistance Authorized under 49 U.S.C. § 5310. The
Subrecipient agrees, and assures that any Third Party Participant providing public transportation
operations will agree, that although pursuant to 49 U.S.C. § 5310, and former 49 U.S.C. §§ 5310 or 5317,
FTA has determined that it was not “necessary or appropriate” to apply the conditions of 49 U.S.C. §
5333(b) to any Subagreement participating in the program to provide public transportation for seniors
(elderly individuals) and individuals with disabilities, FTA reserves the right to make case-by- case
determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under
title 23, United States Code (flex funds), and make other exceptions as it deems appropriate.
Section 28. Charter Service.
(a) Prohibitions. The Recipient agrees that neither it nor any Third Party Participant involved in the Award will
engage in charter service, except as permitted under federal transit laws, specifically 49 U.S.C. § 5323(d), (g),
and (r), FTA regulations, “Charter Service,” 49 CFR part 604, any other Federal Charter Service regulations,
federal requirements, or federal guidance.
(b) Exceptions. Apart from exceptions to the Charter Service restrictions in FTA’s Charter Service regulations, FTA
has established the following additional exceptions to those restrictions:
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(1) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with federal assistance
appropriated or made available for 49 U.S.C. § 5307 to support a Job Access and Reverse Commute (JARC)-
type Project or related activities that would have been eligible for assistance under repealed 49 U.S.C. § 5316
in effect in Fiscal Year 2012 or a previous fiscal year, provided that the Subrecipient uses that federal
assistance for FTA program purposes only, and
(2) FTA’s Charter Service restrictions do not apply to equipment or facilities supported with the federal
assistance appropriated or made available for 49 U.S.C. § 5310 to support a New Freedom -type Project or
related activities that would have been eligible for federal assistance under repealed 49 U.S.C. § 5317 in
effect in Fiscal Year 2012 or a previous fiscal year, provided the Subrecipient uses that federal assistance for
program purposes only.
(c) Violations. If it or any Third Party Participant engages in a pattern of violations of FTA’s Charter Service
regulations, FTA may require corrective measures and remedies, including withholding an amount of federal
assistance as provided in FTA’s Charter Service regulations, 49 CFR part 604, appendix D, or barring it or the
Third Party Participant from receiving federal assistance provided in 49 U.S.C. chapter 53, 23 U.S.C. § 133, or
23 U.S.C. § 142.
Section 29. School Bus Operations.
(a) Prohibitions. The Subrecipient agrees that neither it nor any Third Party Participant that is participating in its
Award will engage in school bus operations exclusively for the transportation of students or school personnel in
competition with private school bus operators, except as permitted by federal transit laws, 49 U.S.C. § 5323(f) or
(g), FTA regulations, “School Bus Operations,” 49 CFR part 605, and any other applicable federal “School Bus
Operations” laws, regulations, federal requirements, or applicable federal guidance.
(b) Violations. If a Subrecipient or any Third Party Participant has operated school bus service in violation of FTA’s
School Bus laws, regulations, or requirements, FTA may require the Subrecipient or Third Party Participant to
take such remedial measures as FTA considers appropriate, or bar the Subrecipient or Third Party Participant
from receiving federal transit assistance.
From Section 35 Substance Abuse
c. Alcohol Misuse and Prohibited Drug Use.
(1) Requirements. The Subrecipient agrees to comply and assures that its Third Party Participants will comply
with:
(i) Federal transit laws, specifically 49 U.S.C. § 5331;
(ii) FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49
CFR part 655; and
(iii) Applicable provisions of U.S. DOT regulations, “Procedures for Tra nsportation Workplace Drug and
Alcohol Testing Programs,” 49 CFR part 40.
(2) Remedies for Non-Compliance. The Subrecipient agrees that if FTA determines that the Subrecipient or a
Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49
CFR part 655, the Federal Transit Administrator may bar that Subrecipient or Third Party Participant from
receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.
Applicable to Planning, Research, Development, and Documentation Projects
Section 17. Patent Rights.
a. General. The Subrecipient agrees that:
(1) Depending on the nature of the Agreement, the Federal Government may acquire patent rights when the
Subrecipient or Third Party Participant produces a patented or patentable invention, improvement, or
discovery;
(2) The Federal Government’s rights arise when the patent or patentable information is conceived or reduced to
practice with federal assistance provided through the underlying Agreement; or
(3) When a patent is issued or patented information becomes available as described in the preceding section
17(a)(2) of this Master Agreement, the Subrecipient will notify FTA immediately and provide a detailed
report satisfactory to FTA.
b. Federal Rights. The Subrecipient agrees that:
(1) Its rights and responsibilities, and each Third Party Participant’s rights and responsibilities, in that federally
assisted invention, improvement, or discovery will be determined as provided in applicable federal laws,
regulations, requirements, and guidance, including any waiver thereof, and
(2) Unless the Federal Government determines otherwise in writing, irrespective of its status or the status of any
Third Party Participant as a large business, small business, state government, state instrumentality, local
government, Indian tribe, nonprofit organization, institution of higher education, or indi vidual, the
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Subrecipient will transmit the Federal Government’s patent rights to FTA, as specified in 35 U.S.C. § 200 et
seq., and U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations
and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR part
401.
c. License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance with applicable federal
requirements.
Section 18. Rights in Data and Copyrights.
(a) Definition of “Subject Data.” As used in this section, “subject data” means recorded information whether or not
copyrighted, and that is delivered or specified to be delivered as required by the Agreement. Examples of “subject
data” include, but are not limited to computer software, standards, specifi cations, engineering drawings and
associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information,
but do not include financial reports, cost analyses, or other similar information used for performance or
administration of the underlying Agreement.
(b) General Federal Restrictions. The following restrictions apply to all subject data first produced in the
performance of the Agreement:
(1) Prohibitions. The Subrecipient may not publish or reproduce any subject data, in whole, in part, or in any
manner or form, or permit others to do so.
(2) Exceptions. The prohibitions do not apply to publications or reproductions for the Subrecipient’s own internal
use, an institution of higher learning, the portion of subject data that the Federal Government has previously
released or approved for release to the public, or the portion of data that has the Federal Government’s prior
written consent for release.
(c) Federal Rights in Data and Copyrights. The Subrecipient agrees that:
(1) General. It must provide a license to its “subject data” to the Federal Government that is royalty-free, non-
exclusive, and irrevocable. The Federal Government’s license must permit the Federal Government to
reproduce, publish, or otherwise use the subject data or permit other entities or individuals to use the subject
data provided those actions are taken for Federal Government purposes, and
(2) U.S. DOT Public Access Plan – Copyright License. The Subrecipient grants to U.S. DOT a worldwide, non-
exclusive, non-transferable, paid-up, royalty-free copyright license, including all rights under copyright, to
any and all Publications and Digital Data Sets as such terms are defined in the U.S. DOT Public Access plan,
resulting from scientific research funded either fully or partially by this funding agreement. The Subrecipient
herein acknowledges that the above copyright license grant is first in time to any and all other grants of a
copyright license to such Publications and/or Digital Data Sets, and that U.S. DOT shall have priority over
any other claim of exclusive copyright to the same.
(d) Special Federal Rights in Data for Research, Development, Demonstration, Deployment, Technical Assistance,
and Special Studies Programs. In general, FTA’s purpose in providing federal assistance for a research,
development, demonstration, deployment, technical assistance, or special studies program is to increase
transportation knowledge, rather than limit the benefits of the Award to the Subrecipient and its Third Party
Participants. Therefore, the Subrecipient agrees that:
(1) Publicly Available Report. When an Award providing federal assistance for any of the programs described
above is completed, it must provide a report of the Agreement that FTA may publi sh or make available for
publication on the Internet.
(2) Other Reports. It must provide other reports related to the Award that FTA may request.
(3) Availability of Subject Data. FTA may make available its copyright license to the subject data, and a copy of
the subject data to any FTA Recipient or any Third Party Participant at any tier, except as the Federal
Government determines otherwise in writing.
(4) Identification of Information. It must identify clearly any specific confidential, privileged, or proprietary
information submitted to FTA.
(5) Incomplete. If the Award is not completed for any reason whatsoever, all data developed with federal
assistance for the Award becomes “subject data” and must be delivered as the Federal Government may
direct.
(6) Exception. This section does not apply to an adaptation of any automatic data processing equipment or
program that is both for the Subrecipient’s use and acquired with FTA capital program assistance.
(e) License Fees and Royalties. Consistent with the applicable U.S. DOT Common Rules, the Subrecipient agrees
that license fees and royalties for patents, patent applications, and inventions produced with federal assistance
provided through the Agreement are program income and must be used in compliance wit h federal applicable
requirements.
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(f) Hold Harmless. Upon request by the Federal Government, the Subrecipient agrees that if it intentionally violates
any proprietary rights, copyrights, or right of privacy, and if its violation under the preceding section occurs from
any of the publication, translation, reproduction, delivery, use or disposition of subject data, then it will indemnify,
save, and hold harmless against any liability, including costs and expenses of the Federal Government’s officers,
employees, and agents acting within the scope of their official duties. The Subrecipient will not be required to
indemnify the Federal Government for any liability described in the preceding sentence, if the violation is caused
by the wrongful acts of federal officers, employees or agents, or if indemnification is prohibited or limited by
applicable state law.
(g) Restrictions on Access to Patent Rights. Nothing in this section of this Master Agreement (FTA MA(23))
pertaining to rights in data either implies a license to the Federal Government under any patent, or may be
construed to affect the scope of any license or other right otherwise granted to the Federal Government under any
patent.
(h) Data Developed Without Federal Assistance or Support. The Subrecipient agrees that in certain circumstances it
may need to provide to FTA data developed without any federal assistance or support. Nevertheless, this section
generally does not apply to data developed without federal assistance, even though that data may have been used
in connection with the Award. The Subrecipient agrees that the Federal Government will not be able to protect
data developed without federal assistance from unauthorized disclosure unless that data is clearly marked
“Proprietary,” or “Confidential.”
(i) Requirements to Release Data. The Subrecipient understands and agrees that the Federal Government may be
required to release data and information the Subrecipient submits to the Federal Government as required under:
(1). The Freedom of Information Act (FOIA), 5 U.S.C. § 552,
(2) The U.S. DOT Common Rules,
(3) U.S. DOT Public Access Plan, which provides that the Subrecipient agrees to satisfy the reporting and
compliance requirements as set forth in the U.S. DOT Public Access plan, including, but not l imited to, the
submission and approval of a Data Management Plan, the use of Open Researcher and Contributor ID
(ORCID) numbers, the creation and maintenance of a Research Project record in the Transportation Research
Board’s (TRB) Research in Progress (RiP) database, and the timely and complete submission of all required
publications and associated digital data sets as such terms are defined in the DOT Public Access plan.
Additional information about how to comply with the requirements can be found at:
http://ntl.bts.gov/publicaccess/howtocomply.html, or
(4) Other federal laws, regulations, requirements, and guidance concerning access to records pertaining to the
Award, the accompanying Agreement, and any Amendments thereto.
Miscellaneous Special Requirements
From Section 12. Civil Rights.
(e) Disadvantaged Business Enterprise. To the extent authorized by applicable federal laws, regulations, or
requirements, the Subrecipient agrees to facilitate, and assures that each Third Party Participant will facilitate,
participation by small business concerns owned and controlled by socially and economically disadvantaged
individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Agreement as follows:
(1) Statutory and Regulatory Requirements. The Subrecipient agrees to comply with:
(i) Section 11101(e) of IIJA;
(ii) U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assistance Programs,” 49 CFR part 26; and
(iii) Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement.
(2) DBE Program Requirements. A Subrecipient that receives planning, capital and/or operating assistance and
that will award prime third party contracts exceeding $250,000 the requirements of 49 CFR part 26.
(3) Special Requirements for a Transit Vehicle Manufacturer (TVM). The Subrecipient agrees that:
(i) TVM Certification. Each TVM, as a condition of being authorized to bid or propose on FTA-assisted
transit vehicle procurements, must certify that it has complied with the requirements of 49 CFR part 26;
and
(ii) Reporting TVM Awards. Within 30 days of any third party contract award for a vehicle purchase, the
Subrecipient must submit to FTA the name of the TVM contractor and the total dollar value of the third
party contract, and notify FTA that this information has been attached to FTA’s electronic award
management system. The Subrecipient must also submit additional notifications if options are exercised
in subsequent years to ensure that the TVM is still in good standing.
(4) Assurance. As required by 49 CFR § 26.13(a):
(i) Recipient Assurance. The Subrecipient agrees and assures that:
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(A) It must not discriminate on the basis of race, color, national origin, or sex in the award and
performance of any FTA or U.S. DOT-assisted contract, or in the administration of its DBE program
or the requirements of 49 CFR part 26;
(B) It must take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination
in the award and administration of U.S. DOT-assisted contracts;
(C) Its DBE program, as required under 49 CFR part 26 and as approved by U.S. DOT, is incorporated
by reference and made part of the Underlying Agreement; and
(D) Implementation of its DBE program approved by U.S. DOT is a legal obligation and failure to carry
out its terms shall be treated as a violation of this Master Agreement.
(ii) Subrecipient/Third Party Contractor/Third Party Subcontractor Assurance . The Subrecipient agrees and
assures that it will include the following assurance in each subagreement and third party contract it signs
with a Subrecipient or Third Party Contractor and agrees to obtain the agreement of each of its
Subrecipients, Third Party Contractors, and Third Party Subcontractors to include the following
assurance in every subagreement and third party contract it signs:
(A) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must not
discriminate on the basis of race, color, national origin, or sex in the award and performance of any
FTA or U.S. DOT-assisted subagreement, third party contract, and third party subcontract, as
applicable, and the administration of its DBE program or the requirements of 49 CFR part 26;
(B) The Subrecipient, each Third Party Contractor, and each Third Party Subcontractor must take all
necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and
administration of U.S. DOT-assisted subagreements, third party contracts, and third party
subcontracts, as applicable;
(C) Failure by the Subrecipient and any of its Third Party Contractors or Third Party Subcontractors to
carry out the requirements of subparagraph 12.e(4)(b) (of FTA MA(23)) is a material breach of their
subagreement, third party contract, or third party subcontract, as applicable; and
(D) The following remedies, or such other remedy as the Subrecipient deems appropriate, include, but
are not limited to, withholding monthly progress payments; assessing sanctions; liquidated damages;
and/or disqualifying the Subrecipient, Third Party Contractor, or Third Party Subcontractor from
future bidding as non-responsible.
(5) Remedies. Upon notification to the Subrecipient of its failure to carry out its approved program, FTA or U.S.
DOT may impose sanctions as provided for under 49 CFR part 26, and, in appropriate cases, refer the matter
for enforcement under either or both 18 U.S.C. § 1001, and/or the Program Fraud Civil Remedies Act of
1986, 31 U.S.C. § 3801 et seq.
From Section 12. Civil Rights.
(h) Nondiscrimination on the Basis of Disability. The Subrecipient agrees to comply with the following federal
prohibitions against discrimination on the basis of disability:
(1) Federal laws, including:
(i) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits
discrimination on the basis of disability in the administration of federally assisted Programs,
Projects, or activities;
(ii) The Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which
requires that accessible facilities and services be made available to individuals with disabilities:
(A) For FTA Recipients generally, Titles I, II, and III of the ADA apply,;but
(B) For Indian Tribes, Titles II and III of the ADA apply, but Title I of the ADA does not apply
because it exempts Indian Tribes from the definition of “employer;”
(iii) The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that
buildings and public accommodations be accessible to individuals with disabilities;
(iv) Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited
basis for discrimination; and
(v) Other applicable federal laws, regulations, and requirements pertaining to access for seniors or
individuals with disabilities.
(2) Federal regulations and guidance, including:
(i) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR
part 37;
(ii) U.S. DOT regulations, “Nondiscrimination on the Basis of Disability in Programs and Activities
Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27;
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(iii) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S.
DOT regulations, “Americans With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles,” 36 CFR part 1192 and 49 CFR part 38;
(iv) U.S. DOT regulations, “Transportation for Individuals with Disabilities: Passenger Vessels,” 49
CFR part 39;
(v) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government
Services,” 28 CFR part 35;
(vi) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities,” 28 CFR part 36;
(vii) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of the Americans with
Disabilities Act,” 29 CFR part 1630;
(viii) U.S. Federal Communications Commission regulations, “Telecommunications Relay
Services and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR part 64,
Subpart F;
(ix) U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36
CFR part 1194;
(x) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR part 609,
(xi) FTA Circular 4710.1, “Americans with Disabilities Act: Guidance;” and
(xii) Other applicable federal civil rights and nondiscrimination regulations and guidance .
Section 16. Procurement.
(a) Federal Laws, Regulations, Requirements, and Guidance. The Subrecipient agrees:
(1) To comply with the requirements of 49 U.S.C. chapter 53 and other applicable federal laws, regulations, and
requirements in effect now or later that affect its third party procurements;
(2) To comply with the applicable U.S. DOT Common Rules; and
(3) To follow the most recent edition and any revisions of FTA Circular 4220.1, “Third Party Contracting
Guidance,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
State Requirements
Section 37. Special Notification Requirements for States.
(a) Types of Information. To the extent required under federal law, the State, agrees to provide the following
information about federal assistance awarded for its State Program, Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance for a State Program or
Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a
State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or Project.
(b) Documents. The State agrees to provide the information required under this provision in the following documents:
(1) applications for federal assistance, (2) requests for proposals, or solicitations, (3) forms, (4) notifications, (5)
press releases, and (6) other publications.
DocuSign Envelope ID: 86DAAA9B-8B0E-41AE-90BA-D796D973DE1F
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Contract Number: 24-HTR-ZL-00224 / 491003487
Page 47 of 47 Version 10/23/19
EXHIBIT E, VERIFICATION OF PAYMENT
This checklist is to assist the Subrecipient in preparation of its billing packets to State. This checklist
is provided as guidance and is subject to change by State. State shall provide notice of any such
changes to Subrecipient. All items may not apply to your particular entity. State’s goal is to
reimburse Subrecipients as quickly as possible and a well organized and complete billing packet
helps to expedite payment.
Verification of Payment –
General Ledger Report must have the following:
Identify check number or EFT number;
If no check number is available, submit Accounts Payable Distribution report with the
General Ledger;
In-Kind (must be pre-approved by State) and/or cash match;
Date of the report;
Accounting period;
Current period transactions; and
Account coding for all incurred expenditures.
If no General Ledger Report, all of the following are acceptable :
copies of checks;
check registers; and
paycheck stub showing payment number, the amount paid, the check number or
electronic funds transfer (EFT), and the date paid.
State needs to ensure that expenditures incurred by the local agencies have been paid by
Party before State is invoiced by Party.
Payment amounts should match the amount requested on the reimburse ment. Additional
explanation and documentation is required for any variances.
In-Kind or Cash Match – If an entity wishes to use these types of match, they must be
approved by State prior to any Work taking place.
If in-kind or cash match is being used for the Local Match, the in-kind or cash match
portion of the project must be included in the project application and the statement of work
attached to the Agreement or purchase order. FTA does not require pre-approval of in-kind
or cash match, but State does.
General ledger must also show the in-kind and/or cash match.
Indirect costs – If an entity wishes to use indirect costs, the rate must be approved by State
prior to applying it to the reimbursements.
If indirect costs are being requested, an approved indirect letter from State or your
cognizant agency for indirect costs, as defined in 2 CCR §200. 19, must be provided. The
letter must state what indirect costs are allowed, the approved rate and the time period for
the approval. The indirect cost plan must be reconciled annually and an updated letter
submitted each year thereafter.
Fringe Benefits- Considered part of the Indirect Cost Rate and must be reviewed and
approved prior to including these costs in the reimbursements.
Submit an approval letter from the cognizant agency for indirect costs, as defined in 2 CCR
§200. 19, that verifies fringe benefit, or
Submit the following fringe benefit rate proposal package to State Audit Division:
Copy of Financial Statement;
Personnel Cost Worksheet;
State of Employee Benefits; and
Cost Policy Statement.
DocuSign Envelope ID: 86DAAA9B-8B0E-41AE-90BA-D796D973DE1F
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AGENDA ITEM NO. 5.4
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Resolution No. 13, Series of 2024, A Resolution Adopting the
2024 Town of Vail Housing Policy Statements, and Setting Forth
Details in Regard Thereto
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 13,
Series of 2024.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Resolution No 13 Series of 2024 Adopting Updated Housing Policy Statements 03192024.docx
Resolution No. 13 Series of 2024 Updated Housing Policy Statements 03192024 jmm.docx
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Memorandum
To:Vail Town Council
From: Vail Local Housing Authority
George Ruther, Housing Director
Date:March 19, 2024
Subject:Resolution No. 13, Series of 2024, a resolution adopting the 2024 town
of vail housing policy statements, and setting forth details in regard
thereto.
____________________________________________________________________________
I.Executive Summary
The Vail Town Council and the Vail Local Housing Authority have committed to work
collaboratively, as Vail Home Partners, to ensure the Vail community realizes its vision to be the
Premier International Mountain Resort Community. While many factors contribute to achieving
this vision, maintaining and sustaining community through the creation of resident-occupied,
deed-restricted homes, and ensuring a continuum of housing options for local Vail residents, are
two of the top priorities and critical actions Vail Home Partners can take to achieve the vision.
To do, a set of clearing articulated housing policy statements is needed to guide decision-
making and establish a framework for action. Resolution No. 13, Series of 2024, is intended to
accomplish that objective.
II.Purpose
The purpose of this memorandum is to present Resolution No. 13, Series of 2024 and forward
the recommendation of the Vail Local Housing Authority on proposed updates to the adopted
housing policy statements. The purpose of the updated policy statements is to:
update and reaffirm support of the Town’s housing goals and expectations,
express which methods the Town and its partners will pursue to achieve the adopted
housing goal of acquiring 1,000 new deed restrictions by the year 2027,
inform decision making that results in the implementation of housing solutions,
articulate the important role of housing in addressing the economic and environmental
sustainability of the Vail community, and
ensure that there is an adequate supply of housing all the entire continuum of housing
near employment, transportation, and community facilities, such as schools.
The desired outcome of this initiative is to update, and reaffirm, by resolution of the Vail Town
Council, housing policies statements that continue to support the increase in the supply of
resident-occupied, deed-restricted homes which results in the Town realizing its vision to be the
premier international mountain resort community and achieve its goal of acquiring 1,000 net
new deed restrictions by the year 2027.
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III.Background
On July 17, 2018, the Vail Town Council approved Resolution #30, Series of 2018, a resolution
adopting the 2018 Town of Vail Housing Policy Statements and setting forth details in regard
thereto (attached). Six years have passed since the adoption of the ten housing policy
statements. Prior to 2018, the Town’s adopted housing policies had remained unchanged for
nearly three decades. In that time, policy makers have changed, economic conditions have
shifted, housing markets have evolved, the gap in the housing demand has widened, and nearly
825 new deed restricted homes have been created or are in the pipeline for completion by early
2027. These results can be directly attributed to the articulation of clear and concise housing
policy direction.
On February 27, 2024, the Vail Local Housing Authority met to review and discuss the proposed
updated housing policy statements. Following discussion, the Authority members
recommended adding language to Policy Statement #6 further acknowledging the ability of the
Vail Local Housing Authority to issue debt and secure funding for housing developments,
thereby lessening the debt burden on the Town of Vail. With that condition in place, the Vail
Local Housing Authority voted 4-0 to forward a recommendation of approval of the updated
housing policy statements to the Vail Town Council.
On March 5, 2024, the Vail Local Housing Authority and the Town of Vail Housing Department
presented recommended updates to the previously adopted 2018 Housing Policy Statements.
Following discussion, the Vail Town Council requested several minor revisions to the proposed
housing policy statements and instructed the Authority and Town staff to return on March 19,
2024, with a resolution for adoption. Resolution No. 13, Series of 2024, has been drafted to
include the town council’s requested revisions.
IV.Roles and Responsibilities
The roles and responsibilities of the Vail Town Council, the Vail Local Housing Authority, and
the Vail’s Housing Department staff are uniquely different when it comes to achieving the
Town’s vision and adopted housing goal. In sum, the roles are responsibilities are:
Vail Town Council – policy and final decision maker.
Vail Local Housing Authority – technical adviser and consultant
Housing Department – administration and implementation
The Vail Town Council shall be the final decision maker on these important policy matters.
The Housing Authority’s role, as a commission appointed by the Vail Town Council, and further
authorized by the State of Colorado (C.R.S. 29-4-209), among other matters, is to consult and
advise the Vail Town Council on housing-related matters including forwarding recommendations
on each of, or all the following topics:
housing policy
implementation strategy
land use regulation
negotiation strategy
program administration
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funding options
project management
financing alternatives
The Housing Department works at the direction of the Vail Town Council and Town
Administration to administration and implement the policies and objectives of the Vail Town
Council.
The table below highlights the varying roles and responsibilities:
Vail Town Council Vail Local Housing Authority Vail Housing Department
Set policy Forward
recommendations
Administer programs
Direct staff Lead special projects Manage projects
Establish priorities Oversee programs Verify code compliance
Authorize funding Conduct research Implement day-to-day
operations
Incur debt Commission reports and
studies
Oversee budgets
Acquire property Advise decision makers Staff boards
Identify critical
actions
Issue debt free of
TABOR
Adopt budgets Propose Initiatives
V. Recommendation
The Vail Local Housing Authority and the Town of Vail Housing Department recommend that the
Vail Town Council adopts Resolution No. 13, Series of 2024, as presented.
As presented, the housing policy statements reflect the revisions directed by the Vail Town
Council on March 5, and the housing policy statements have proven to be an invaluable tool in
the Town’s pursuit to achieve its vision to be the premier international mountain resort
community and in realizing its adopted housing goal of acquiring 1,000 new deed restrictions by
the year 2027.
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RESOLUTION NO. 13
SERIES 2024
A RESOLUTION ADOPTING THE 2024 TOWN OF VAIL HOUSING POLICY
STATEMENTS
WHEREAS, the Vail Town Council has adopted the vision “To Be The Premier
International Mountain Resort Community”;
WHEREAS, through Resolution No. 29, Series 2016, the Town Council adopted
Vail Housing 2027, "A Strategic Plan for Maintaining and Sustaining Community through
the Creation and Support of Resident Housing in Vail" (the "Plan");
WHEREAS, the single goal of the Plan is for “The Town of Vail to acquire 1,000
additional resident housing deed-restrictions by the year 2027;
WHEREAS, the Town of Vail Community Survey results indicate the availability
and affordability of housing remains the most critical issue facing the Vail community;
WHEREAS, the Vail Town Council previously adopted the 2018 Town of Vail
Housing Policy Statements which have served to yield significant housing solutions for
the Vail community;
WHEREAS, the Vail Town Council has directed an update to the statements to
reflect current conditions and projected future needs; and
WHEREAS, through the adoption of updated housing policy statements, it is the
Vail Town Council’s intent to articulate the approaches the Town will take to realize its
vision, achieve its housing goal, and address the most critical issue…housing…facing the
Vail community.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1.The Vail Town Council hereby adopts the following housing policy
statements (the ‘2024 Town of Vail Housing Policy Statements’):
#1 Housing IS Infrastructure - Deed-restricted homes are critical infrastructure in
Vail.
#2 Housing Partners – We use public/private partnerships and actively pursue local
and regional solutions to increase the supply of deed- restricted homes.
#3 Private Sector Importance – We foster a proactive and solutions- oriented
environment that promotes private sector investment to create deed-restricted
homes.
#4 Leverage Financial Strength – We take an entrepreneurial approach and use
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our financial strength and acumen to acquire deed-restrictions.
#5 Breakdown Barriers – We align our land use regulations, building and energy
conservation codes, and administrative procedures to achieve our vision and
housing goal, and development applications are thoroughly, timely and efficiently
reviewed….getting to “yes” is our shared objective.
#6 Funding Creates Deed-Restrictions – We pursue a predictable, consistent, and
reliable sources of funding to obtain deed-restrictions and maintain the Town’s
housing programs, including grants, low interest loans, tax exempt bonds, and
similar sources of municipal financing. We do this in partnership with the Vail Local
Housing Authority to capitalize on the debt capacity of the Authority and minimize
the Town’s exposure to financial risk.
#7 People Promote Community – We ensure opportunity and access to the Town’s
housing programs and initiatives through a clear, equitable, and easy to administer
process for housing selection.
#8 No Net Loss - No net loss of resident-occupied, deed-restrictions.
#9 Keep Up With Demand - New development, both residential and commercial, is
obligated to mitigate its incremental impact on the demand for resident-occupied,
deed-restricted homes. Payment in lieu may be needed at times, is but the least
preferred method of mitigation.
#10 Deed Restrictions Benefit Vail Businesses – Preference to leasing and
ownership of deed-restricted homes is granted to employees and employers of
businesses located within the municipal boundaries of the Town of Vail.
#11 Full Range of Home Options – We pursue housing solutions that provides for
the continuum of housing needs of all residents of the Vail community, including
both higher and lower density residential developments for varying area median
income wage earners.
#12 Funding is Policy – The Vail Town Council will fund housing opportunities and
solutions as deed-restricted homes are an investment in the greater Vail community.
INTRODUCED,PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 19th day of March 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 5.5
Item Cover Page
DATE:March 19, 2024
SUBMITTED BY:Jeremy Gross, Economic Development
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to Resort Entertainment Group and Group 970
for the Production of Vail Oktoberfest
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Resort Entertainment Group and
Group 970 for the production of the Vail Oktoberfest, in an amount not
to exceed $100,000.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - 03-19-2024 Vail Oktoberfest Sponsorship Recommendation.pdf
90
To: Town Council
From: Economic Development Department
Date: March 19, 2024
Subject: Vail Oktoberfest Sponsorship Recommendation
Background
In late 2023, Team Player Productions, who produced the Vail Oktoberfest Event in
2022 and 2023, notified the Town that they were no longer going to produce the event.
While the event was overall successful for Team Player Productions, it was a staffing
and logistical challenge, with their biggest event of the year occurring a few weeks later
in Utah.
The event has been a mainstay of the Vail event calendar for over 20 years and
provides a strong economic impact in September, when visitation would otherwise be
slowing down. The event historically draws a large audience of both out of town guests,
and locals.
As part of the 2024 Request for Proposals for special event sponsorship, the Town
published an RFP specifically to secure a new event producer for the Oktoberfest
celebration. The initial response that was received included a nontraditional funding
model due to the complex nature of the two weekend event, and the upfront cost of re-
creating the event. The request was for a $250,000 contribution from the town, with a
revenue share agreement set up to potentially recuperate some of the initial
contribution.
The Committee on Special Events and Event Funding Committee reviewed the initial
proposal and decided to go back out to RFP to solicit more responses.
One additional proposal was received from Diane Moudy of Resort Entertainment
Group and Brian Nolan of Group 970. These two entities formed a partnership to submit
a joint proposal.
The CSE reviewed the proposal and recommended sponsoring the event in 2024 in the
amount of $100,000.
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Town of Vail Page 2
Proposal
The proposal from Diane Moudy and Brian Nolan is to produce the traditional Vail
Oktoberfest with no significant changes in 2024. The shortened timeframe for producing
the event will create some challenges and may see increased costs for certain products
that are important to the event. The primary goal is to ensure that the event continues
and is successful for the town and the event producer. Enhancements to the event will
be made as time permits in 2024 with the goal of further enhancements in future years.
Diane Moudy and Resort Entertainment Group have been involved in the Vail
Oktoberfest for many years as the talent buyer for the event. Diane is intimately familiar
with the event and the guest experience that is expected of this hallmark event in Vail.
Diane is also familiar with the town event process, having worked with the Town and
Vail Resorts to produce the National Brotherhood of Skiers Ne-yo concert at Golden
Peak, as well as the Freefall Bluegrass festival and the upcoming Springfree Bluegrass
Festival. Diane has a roster of local event staff and production partners that will be
brought in to support the event.
Brian Nolan, in his role at Group 970 and the Beaver Creek Resort Company has been
involved in both Beaver Creek and Vail Oktoberfest almost since their inception. Brian
brings an eye for guest service and food and beverage operations to the event, along
with marketing and admin support from the Group 970 team. As a Lionshead merchant,
Brian has a vested interest in the success of the event as well as creating a positive
experience for his neighboring merchants.
Brian and Diane committed to transparency in their event operation and reporting and
are looking to successfully produce this event this year and into the future.
Action Requested of Council
Town council is asked for support to move forward with this proposal. Given the time
constraints of producing the event, Council will be asked to approve a contract for the
production of Vail Oktoberfest in an amount not to exceed $100,000, on the consent
agenda of this evenings meeting.
Consent Agenda Action
Approve the Town Manager to enter into an agreement with Resort Entertainment
Group and Group 970 for the production of the Vail Oktoberfest Event, on a form
approved by the Town Attorney, in an amount not to exceed $100,000.
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AGENDA ITEM NO. 6.1
Item Cover Page
DATE:March 19, 2024
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Dobson Ice Arena Remodel Project and Contractor Procurement
Update
SUGGESTED ACTION:Provide feedback on next steps.
PRESENTER(S):Russell Forrest, Town Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Dobson.pdf
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TO:
FROM:
DATE:
Vail Town Council
Russell Forrest, Town Manager
March 19, 2024
SUBJECT: Dobson Ice Arena Remodel Project and Contractor Procurement Update
I.SUMMARY
Attached is the memo from March 5th, 2024 requesting permission to negotiate a contract with
Hyder Construction. GE Johnson and Mortenson were also finalists in the selection process.
Staff continues to negotiate with Hyder Construction. The specific next step in this process
include:
•Negotiating a contract with the Hyder/McHugh team (Contractor) for general
contracting services and then engaging said Contractor under a formal contract
agreement that includes preconstruction services. The agreement will be phased
to include the initial program study options and budget setting not to exceed
$50,000. Upon receiving direction from the Town Council on phase 1 a second
phase of preconstruction services necessary to move the agreed from program
through the design phases would be necessary. At each phase, the staff will return
to the council for approval prior to proceeding to the next step.
•More specifically phase 1 would include studying and bringing the program
options back to the Council for consideration and approval on the final program in
the next 6-to-8-week period. This would include the options Council directed us to
study at the March 5th Town Council Meeting which included:
A.A base option that includes repairing and replacing the mechanical,
electrical, plumbing, and ice systems. This base option would include a
menu of amenities that could be added back into the scope such as
locker rooms, bathrooms, additional seating, lounge area, etc. An option
to reinforce the roof will also be developed and presented to staff. This is
a hybrid of option F and option E in the attached memo.
B.A value-engineered option of the proposed design presented to the
Town Council in December of 2023. This is referred to as option A in the
attached memo.
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II. ACTION REQUESTED
Staff and its owner’s representative have been negotiating with Hyder. If we are not able
to come to terms, staff would request that the Town Council direct the Town Manager to
negotiate with the other finalist Contractor GE Johnson and agree to a phase 1 scope, as
described above, of work not to exceed $50,000.
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TO: Vail Town Council
FROM: Greg Hall, Director of Public Works, and Transportation
Dobson Design Team and Owner’s Representative
DATE: March 5, 2024
SUBJECT: Dobson Ice Arena Remodel Project and Contractor Procurement Update
I. SUMMARY
The purpose of this item is to:
• Provide Town Council with an update of the RFP/General Contractor procurement
process.
• Provide Town Council with an update on the results of the initial budgets that
Contractors presented to the Town.
• Review the program options that the team is currently investigating including the
primary path that fits within our current budget.
• Update the Town Council on next steps regarding the project.
II. BACKGROUND
On July 18, 2023, a Joint meeting of the Vail Recreation District (VRD) and Vail Town
Council, project design elements, budget and funding were discussed. The project team
and staff returned to the Vail Town Council on August 4 to address concerns as well as
provide solutions to issue brought forward.
The August 4, 2023, the Vail Town Council directed staff regarding the program elements
components of the conceptual design of the Dobson Arena Project and set an overall
project budget of $55,391,124.
August 18, 2023, the Vail Town Council awarded a design contract to Populous Architects
for the Dobson Arena Remodel project. The first phase of the design scope was to develop
the conceptual design program into a schematic design package for the project. Schematic
design is the process of working through all the various design disciplines and developing
a set of plans based on dimensions and specifications and codes to ensure the program
elements and spaces agreed to be included during the conceptual design phase fit
together and can be built. The schematic design lays out rooms and spaces in much
greater detail to ensure the project is sound both in function and form regarding codes,
building assemblages and the expectation of overall building’s program performance.
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October 18, 2023, the Town of Vail issued a Request for Qualifications for
CM/GC(Construction Manager / General Contractor) services for the Dobson Arena
Remodel Project. The purpose of engaging a CM/GC during the design process is to
determine constructability of the project, and more accurate cost estimating.
November 17, 2023, the Town shortlisted the RFQ responders to a four General
Contractors.
• Mortenson
• Hyder- McHugh
• Saunders
• GE Johnson
The design team, owners’ representative team, and staff from the Vail Recreation District
and the Town have been working over the last 3 months in progressing the design as part
of the schematic design process and are at a point to report back to the Town Council
regarding this effort.
On November 21, the design team presented to the Recreation Sub committee in detail, to
review progress of the schematic design package. The Recreation subcommittee which
includes two Town Council members, and two Vail Recreation Board members agreed the
project as delivering on what was approved at the conceptual level.
On December 5, 2023, the team confirmed that the schematic design was in alignment
with the goals of the design objectives outlined at conceptual level and received approval
to issue a Request for Proposal to the four shortlisted General Contractors regarding
providing CM/GC services for the Dobson Arena Remodel Project as presented in the
Schematic Design update.
On December 11, 2023, the project team released the RFP which included an extensive
schematic design package vetted over three days by the town, VRD, the design team and
the owners’ representative to the three remaining General Contractors.
On January 30, 2024, the general contractors submitted the detailed responses to the RFP
including comprehensive schedules, staffing matrices, general and indirect costs
breakdowns, General Contractor Fees and an initial GMP budget based on the schematic
design package.
An evaluation team then rated each RFP based on criteria reviewed as agreed on by the
team. The evaluation team contained members of the design team, VRD staff, town staff,
and the owners’ representative Cumming Group.
On February 20, 2024, the three contractors then participated in 2-hour interviews with the
evaluation team and were rated on the interview portion of the process.
All three GMP pricing estimates from the contractors came in significantly higher than the
$55.4M budget previously discussed. Simultaneous with receiving the initial GMP pricing,
the design team and owners’ representative began a process of defining a path back to
bring the project within budget while maintaining as many of the key design program
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elements that were included in the Dobson Program approved by Town Council as listed
below.
Immediately following the interviews, the contractors were given a revised scope to
respond to regarding budget reductions and encouraged to provide additional scope or
project areas to focus on possibilities to reduce the overall cost of the project. The two
highest rated firms from the initial response and interviews as well as their revised scope
and budget submittals participated in a subsequent follow up session with the evaluation
team to further vet the viability of the approaches presented.
A final discussion of all the materials, path back analysis, and issues were then rated to
determine the top ranked General Contractor. Staff and the owner’s representative are in
the process of reconciling contract language, indirect and general condition costs prior to
moving into a formal preconstruction process. This ensures that, if approved by the Town
Council to proceed to preconstruction, there are no issues that would impede immediate
commencement of the preconstruction phase of the project. Through this competitive
process and as vetted further, the town will have determined the selection of the
Construction Manager/General Contractor for the town and the project. The top ranked
firm at this time is the Hyder/McHugh team and they will only be allowed to move to
preconstruction after we have finalized the contract, base schedule, general conditions,
and initial contract attachments.
III. DOBSON ICE ARENA REMODEL PROJECT APPROVED SCHEMATIC DESIGN
PROGRAM COMPONENTS
The approved program for Dobson included:
• New roof structure
• New Mechanical, Electrical and Plumbing Systems
• Six New Locker Rooms and Two official Locker Rooms to address equity issues.
• Code required restroom fixture counts to meet the capacity of the arena.
• New south entry
• New west Main entry
• New second floor lounge/concession flex space
• New skate rental shop
• New south side seating
• Completion of the concourse around the whole ice service
• New Mezzanine level to include fixed and standing room only view space.
• New west Entry
• Plaza and streetscape improvements
• Loading Dock and Storage improvements
This program was selected as the improved arena and the proposed amenities will
enhance the user experiences from those who use the arena daily to the many spectators
who attend the many games, concerts and special events held at the arena.
IV. APPROVE DOBSON ICE ARNA REMODEL PROJECT BUDGET AND FUNDING
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The budget breakdown for the various components that created the overall $55.4 M project
is provided below.
Budget
Design Element Hard Cost
New Roof Over Existing Building $10,767,685
New MEP Systems $ 9,049,805
Locker Rooms and Official’s Rooms $ 4,110,255
Add Restroom Capacity event level interior buildout $ 639,385
New South Entrance, Includes Concourse Level
Restrooms
$ 4,994,934
Add New South Fixed Seating $ 1,476,888
Replace Ice Plant and Ice Floor $ 5,016,316
New Amenity Spaces for Flex Use $ 90,150
Remaining Renovation $ 1,861,439
Sitework $ 2,281,325
Total Estimated Construction Cost including
Escalation of 7.09%
$ 40,288,182
Soft Costs 29.11 % $ 11,722,436
Total Budget of recommended Program on
7/18/23:
$ 52,010,618
Previous Alternate Costs: (includes base cost,
escalation, and soft costs)
All in Cost
Replacement of remaining Boilers $ 584,350
New West Entry $ 1,181,156
New Scoreboard Allowance $ 320,000
New Alternate to address additional Capacity:
Additional Seating Platform on the South Side $ 1,295,000
Total Alternates: $ 3,380,506
Total Budget including all alternate costs: $55,391,124
Project Funding Sources:
Vail Reinvestment TIF funds $ 45.0 M
VRD funding the Ice System Hard and Soft Costs $ 3.0 M
Real Estate Tax Funds over the next 5 years allocated $ 1.0 M
General Reserve Funds allocated for Temp Ice Sheet $ 1.0 M
Remaining from reserves, fundraising, and loans $ 5.3 M
Initial $52 M budget funding $ 55.3 M
Current Budgeted and anticipated budgeted funds
2023 Capital Budget (Approved)
$ 5.1 M
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2025 Proposed Capital Budget $ 50.3 M
Total Project Budget $ 55.4 M
V. DOBSON ICE ARENA REMODEL PROJECT PROGRAM ADJUSTMENTS TO MEET
PROJECT BUDGET AND FUNDING
As previously stated, the town received responses from three General Contractors, all
highly qualified and capable of managing the remodel. The initial budget presented by the
General Contractors came in higher than anticipated. The consensus provided by the
Contractors is that the base program noted above would cost approximately $75M all in
with a Contractor hard cost budget set at $62M as scoped in the Schematic Design
packaged priced. Due to the large gap between project budget and market costs, the
project team immediately started investigating amending the program to bring the project
back to the preliminary budget. This was a two-step process.
The first step was reviewing the current Schematic Design package and value engineering
the scope with input from the contractors to determine a more realistic cost for the
approved project budget. This resulted in (Option A) an overall cost of $68.8 M with a
revised contractor hard cost budget of $56 M.
Realizing there was still a significant gap between approved budget and a revised base
program, a revised base program option was developed. This effort resulted in (Option E)
that maintains a majority of the program with the following exceptions as noted:
Reduced Base Option E
The below base program option maintains a majority of the program, but with the following
exceptions as noted:
• The existing roof structure remains in place.
• New Mechanical, Electrical and Plumbing Systems with value engineered options.
• Six New Locker Rooms and Two official Locker Rooms to address equity issues.
• Code required restroom fixture counts to meet the capacity of the arena.
• New south entry that is reduced in scope and simplified.
• New west Main entry that is reduced in scope and simplified.
• New second floor lounge/concession flex space that is reduced in scope and
simplified.
• New skate rental shop
• New south side seating
• No Mezzanine level.
• Completion of the concourse around the whole ice service
• Plaza and streetscape improvements that is reduced in scope and simplified.
• Loading Dock and Storage improvements that are simplified.
The items noted as ‘reduced in scope and simplified’ on the scoping options document
have been initially descoped by the Contractors and this team has established the target
budget for Dobson to be in alignment with the original budget with one major
exception; a sub option for the cost of reinforcing the structure is not determined at
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this time but will be investigated by the team including the General Contractor who is
awarded a Preconstruction Agreement and brought back to the Council for final review and
approval.
This scope does not provide the additional capacity of the new roof structure to allow
significantly enhanced rigging. Enhanced rigging was a key element to special events,
concerts, and group events.
The added volume to the arena is reduced and the mezzanine area is lost, including the
additional capacity provided by it.
Alternate Option C
An alternate approach was recommended for consideration and that is replacing the roof
structure while deferring other program elements (Option C) for future remodels (or
adding in critical elements desired, if additional funding is secured). The argument is that
addressing the roof now will create space for future program expansion and that this
approach may prove advantageous in sequencing of our program. This option is currently
sitting at $61 M with the following program included:
• New roof structure.
• New Mechanical, Electrical and Plumbing Systems with value engineered options
included.
• Six New Locker Rooms and Two official Locker Rooms to address equity issues.
• Code required restroom fixture counts to meet the capacity of the arena based on
expected seating reduction from the base program (the fixture count is based on the
concert attendance numbers)
• New west Main entry that is reduced in scope and simplified.
• Plaza and streetscape improvements that is reduced in scope and simplified.
• Loading Dock and Storage improvements that are simplified.
Repair Option F
A final option (Option F) is to only address the critical issues of the arena at this time, what
we would consider a repair and replacement. This is leaving Dobson functioning as it is
and move beyond this project. Based on the initial pricing this option is in the range of
$34M all in. If, in the future, there is a desire to revisit the program elements of Dobson, a
separate project, budget, and funding would need to be developed to add major elements.
We have attached a Program Options Analysis highlighting the major program options
including a pros and cons for each major option. This includes a recap of the seating
counts for the major options that we are studying.
VI. NEXT STEPS
The Dobson team is reconciling contract terms and conditions, schedule, target budget
and indirect costs with the top ranked Contractor. The target budget will be developed
around two primary options that this team will refine with the Contractor and Architect. The
options will be reviewed with the Building and Fire officials. In addition, the town has had
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an initial meeting with a concert promotion company and is committed further understand
the physical issues and programmatic concerns event promoters and planners have that
are most critical to their events. There will be initial discussions with fund raising specialists
to determine viability of additional funding opportunities. Once we have refined these
options, and obtained additional information we will come back and present final program
options for consideration and approval.
This process is expected to take approximately six weeks to complete and will occur
simultaneously with the onboarding of the Contractor after the Contractor has agreed to a
final contract and general contractor costs which is scheduled to be resolved in the next
week. If we fail to come to terms, the team has the right to negotiate with the second
ranked Contractor who has provided similar options for consideration.
Upon approval, this team will finalize our negotiations, enter into a phased preconstruction
agreement and the move to study the preferred programmatic options. These options will
be presented to the Joint Committee and Town Council for consideration. Once a program
is selected, this team will request the Town council to authorize the Architect to move into
the Design Development stage of the design.
VII. ACTION REQUESTED
• We request permission to finalize negotiations with our top ranked Contractor
Hyder/McHugh Construction and then engage said Contractor under a formal
preconstruction agreement. The preconstruction agreement will be phased to
include the initial program study options and budget setting and if the program is
approved by the Council, a second phase of preconstruction services necessary to
move the agreed to program through the design phases. At each phase, the staff
will return to the council for approval prior to proceeding to the next step.
• We request permission to study and bring the program options back to the Council
for consideration and approval on the final program in the 6-to-8-week period.
VIII. ATTACHMENTS
PowerPoint Presentation
Program Options Analysis dated 3/1/24
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AGENDA ITEM NO. 6.2
Item Cover Page
DATE:March 19, 2024
TIME:20 min.
SUBMITTED BY:Jamie Leaman-Miller, Community Development
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 2, Series of 2024, First Reading of an Ordinance
Amending Chapter 7 of Title 12 of the Vail Town Code Regarding
Applications for Exterior Modifications in the Commercial Core 1
and Commercial Core 2 Zone Districts
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 2, Series
of 2024 upon first reading.
PRESENTER(S):Jamie Leaman-Miller, Planner l
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memorandum - Ordinance 2, Series of 2024.pdf
A. Ordinance No. 2, Series of 2024.pdf
B. Staff Memorandum to PEC, 2-26-24.pdf
C. PEC Results 2-26-24.pdf
Item 6.2 - Ord. No. 2 (1).pdf
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Town of Vail 1
TO: Vail Town Council
FROM: Community Development Department
DATE: March 19, 2024
SUBJECT: First reading of Ordinance No. 2, Series of 2024, for a Prescribed Regulation
Amendment pursuant to 12-3-7 Amendment, Vail Town Code, to amend Section
12-7B-7 Exterior Alterations or Modifications and 12-7C-5 Exterior Alterations or
Modifications regarding the development review process for exterior alterations
in the Commercial Core 1 (CC1) and Commercial Core 2 (CC2) districts
(PEC24-0003)
Applicant: Town of Vail
Planner: Jamie Leaman-Miller
I. SUMMARY
The applicant, the Town of Vail, is proposing to amend Section 12-7B-7 Exterior
Alterations and Modifications (CC1 zoning) and 12-7C-5 Exterior Alterations or
Modifications (CC2 zoning). The proposed amendment would remove the existing
requirement that major exterior alterations in these districts are processed only on a
biannual basis in February and September.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 2, Series of 2024, on first reading.
III. DESCRIPTION OF REQUEST
Please see Attachment A for the draft ordinance with the proposed changes to Sections
12-7B-7 and 12-7C-5. Exterior alterations are reviewed by the PEC in the CC1 and CC2
districts. The existing code sections distinguish between major exterior alterations (adds
or removes greater than 100 square feet) and a minor exterior alteration (all other
exterior alterations). Major exterior alterations are currently scheduled only on biannual
dates in February and September, while minor exterior alterations may be submitted for
any regularly scheduled meeting of the PEC. The proposed amendment removes the
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distinction between major and minor exterior alterations and allows all exterior alterations
to be submitted for a regularly scheduled PEC meeting, streamlining the review process,
and bringing it in line with other districts. The amendment also includes minor
grammatical updates to both sections.
IV. BACKGROUND
The Planning and Environmental Commission (PEC) held a public hearing on the
proposed amendment on February 26, 2024. The PEC forwarded recommendation of
approval in a 6-0 vote (Pratt absent).
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 2, Series of 2024, on
first reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 2, Series of
2024, an ordinance amending Section 12-7B-7 Exterior Alterations or
Modifications and 12-7C-5 Exterior Alterations or Modifications regarding the
development review process for exterior alterations in the Commercial Core 1
(CC1) and Commercial Core 2 (CC2) districts.
Should the Vail Town Council choose to approve Ordinance No. 2 Series of 2024, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:”
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
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Town of Vail 3
VI. ATTACHMENTS
A. Ordinance No. 2, Series of 2024
B. Staff Memorandum to PEC, February 26, 2024
C. PEC Minutes, February 26, 2024
106
ORDINANCE NO. 2
SERIES 2024
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 12 OF THE VAIL
TOWN CODE REGARDING APPLICATIONS FOR EXTERIOR
MODIFICATIONS IN THE COMMERCIAL CORE 1 AND COMMERCIAL
CORE 2 ZONE DISTRICTS
WHEREAS, applications for major exterior alterations in the Commercial Core 1
and Commercial Core 2 zone districts are currently limited to biannual review by the
Town; and
WHEREAS, the Town desires to remove the review time limitation so that
applications for exterior modifications in the Commercial Core 1 and Commercial Core 2
zone districts are reviewed on an ongoing basis to align with other review processes.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-7B-7 of the Vail Town Code is hereby amended as
follows:
12-7B-7: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Subject to review Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC) as follows.
(1)Application. An application shall be made by the owner of the
building or the building owner's authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
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additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3) Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4) Work sessions. If requested by either the applicant or the
Administrator, submittals shall proceed to a work session with the Planning
and Environmental Commission. The Administrator shall schedule the work
session at a regularly scheduled Planning and Environmental Commission
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meeting and shall cause notice of the hearing to be sent to all adjacent
property owners in accordance with § 12-3-6(C) of this title. Following the
work session, and the submittal of any additional material that may be
required, the Administrator shall schedule a formal public hearing before the
Planning and Environmental Commission in accordance with § 12-3-6 of
this title.
(3)(5) Hearing. The public hearing before the Planning and
Environmental Commission shall be held in accordance with § 12-3-6 of this
Title. The Planning and Environmental Commission may approve the
application as submitted, approve the application with conditions or
modifications, or deny the application. The decision of the Planning and
Environmental Commission may be appealed to the Town Council in
accordance with § 12-3-3 of this Title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC1 District as specified in § 12-7B-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(6)(8) Lapse of approval. Approval of an major or minor exterior alteration
as prescribed by this article shall lapse and become void two (2) years
following the date of approval of the major or minor exterior alteration by the
Planning and Environmental Commission unless, prior to the expiration, a
building permit is issued and construction is commenced and diligently
pursued to completion.
(7)(9) Design Review Board review. Any modification or change to the
exterior facade of a building or to a site within the CC1 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
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* * *
Section 2. Section 12-7C-5 of the Vail Town Code is hereby amended as
follows:
12-7C-5: EXTERIOR ALTERATIONS OR MODIFICATIONS.
(A)Review required Applicability. The construction of a new building,
the alteration of an existing building which adds or removes any enclosed
floor area, the alteration of an existing building which modifies exterior
rooflines, the replacement of an existing building, the addition of a new
outdoor dining deck or the modification of an existing outdoor dining deck
shall be subject to review by require approval from the Planning and
Environmental Commission (PEC). as follows:
(1)Application. An application shall be made by the owner of the
building or the building owner’s authorized agent or representative on a form
provided by the Administrator. Any application for a building in a common
interest community condominiumized buildings shall be duly authorized
by the condominium association in conformity with all pertinent
requirements of the condominium association’s declarations.
(2)Application contents. The Administrator shall establish the
submittal requirements for an exterior alteration or modification application.
A complete list of the submittal requirements shall be maintained by the
Administrator and filed in the Department of Community Development.
Certain submittal requirements may be waived and/or modified by the
Administrator and/or the reviewing body if the applicant demonstrates it
is demonstrated by the applicant that the information and materials required
are not relevant to the application proposed development or applicable to
the planning documents that comprise the Vail Comprehensive Plan. The
Administrator and/or the reviewing body may require the submission of
additional plans, drawings, specifications, samples and other materials if
deemed necessary to properly evaluate the proposal.
(3)Application date and procedures. Complete applications for
major exterior alterations shall be submitted biannually on or before the
fourth Monday of February or the fourth Monday of September. Submittal
requirements shall include all information in subsection (A)(2) of this
section; provided, however, that the architectural or massing model shall be
submitted no later than three weeks prior to the first formal public hearing
of the Planning and Environmental Commission. No public hearings or work
sessions shall be scheduled regarding exterior alterations prior to the
biannual submittal date deadlines. At the next regularly scheduled Planning
and Environmental Commission meeting following the submittal dates listed
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above, the Administrator shall inform the Planning and Environmental
Commission of all exterior alteration submittals. The Administrator shall
commence with the review of exterior alterations following this initial
Planning and Environmental Commission meeting.
(a)A property owner may apply for a major exterior alteration
(greater than 100 square feet) in any year during which he or she
shall submit an application on the February or September dates as
set forth in this subsection (A)(3). Said application shall be termed a
“major exterior alteration”.
(b)Notwithstanding the foregoing, applications for the alteration
of an existing building which adds or removes any enclosed floor
area of not more than 100 square feet, applications to alter the
exterior rooflines of an existing building, applications for new outdoor
dining decks and applications for modifications to existing dining
decks may be submitted on a designated submittal date for any
regularly scheduled Planning and Environmental Commission
meeting. Said applications shall be termed a “minor exterior
alteration”. The review procedures for a minor exterior alteration shall
be as outlined in this section. All enclosed floor area for an expansion
or deletion pursuant to this subsection (A)(3)(b) shall be physically
and structurally part of an existing or new building and shall not be a
freestanding structure.
(c)A single property owner may submit an exterior alteration
proposal which removes or encloses floor area of 100 square feet or
less on a designated submittal date and will be reviewed by the
Planning and Environmental Commission at any of its regularly
scheduled meetings.
(4)Work sessions. If requested by either the applicant or the
Administrator, all submittals shall proceed to a work session with the
Planning and Environmental Commission. The Administrator shall schedule
the work session at a regularly scheduled Planning and Environmental
Commission meeting and shall cause notice of the hearing to be sent to all
adjacent property owners in accordance with § 12-3-6(C) of this title.
Following the work session, and the submittal of any additional material that
may be required, the Administrator shall schedule a formal public hearing
before the Planning and Environmental Commission in accordance with §
12-3-6 of this title.
(4)(6) Compliance with comprehensive applicable plans Burden of
proof. It shall be the burden of At the hearing, the applicant shall to prove
by a preponderance of the evidence before the Planning and Environmental
Commission that the proposed exterior alteration is in compliance with the
purposes of the CC2 District as specified in § 12-7C-1 of this Article; that
the proposal is consistent with applicable elements of the Vail Village
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Master Plan, the Town of Vail Streetscape Master Plan and the Vail
Comprehensive Plan; and that the proposal does not otherwise negatively
alter the character of the neighborhood; Further, and that the proposal
substantially complies with the Vail Village Urban Design Guide Plan and
the Vail Village design considerations, including without limitation to
include, but not be limited to, the following urban design considerations:
pedestrianization, vehicular penetration, streetscape framework, street
enclosure, street edge, building height, views, service/delivery and
sun/shade analysis; and that the proposal substantially complies with all
other elements of the Vail Comprehensive Plan.
(5)(7) Approval. Approval of an exterior alteration under subsections
(A)(5) and (A)(6) of this Section shall constitute approval of the basic form
and location of improvements including siting, building setbacks, height,
building bulk and mass, site improvements and landscaping.
(8)(6) Lapse of approval. Approval of an major or minor exterior
alteration as prescribed by this article shall lapse and become void two (2)
years following the date of approval of the major or minor exterior alteration
by the Planning and Environmental Commission unless, prior to the
expiration, a building permit is issued and construction is commenced and
diligently pursued to completion.
(7)(9) Design Review Board review. Any modification or change to
the exterior facade of a building or to a site within the CC2 District shall be
reviewed by the Design Review Board in accordance with Chapter 11 of this
title.
* * *
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 affect 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 Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
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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 19th day of March, 2024 and
a public hearing for second reading of this Ordinance set for the 2nd day
of April, 2024, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 2nd day of April, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
113
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: February 26, 2024
SUBJECT: A request for a review of a Prescribed Regulation Amendment pursuant to 12-3-7 Amendment, Vail Town Code, to amend Section 12-7B-7 Exterior Alterations or Modifications and 12-7C-5 Exterior Alterations or Modifications regarding the development review process for exterior alterations in the Commercial Core 1 (CC1) and Commercial Core 2 (CC2) districts (PEC24-0003)
Applicant: Town of Vail
Planner: Jamie Leaman-Miller
I. SUMMARY
The applicant, the Town of Vail, is proposing to amend Section 12-7B-7 Exterior
Alterations and Modifications (CC1 zoning) and 12-7C-5 Exterior Alterations or
Modifications (CC2 zoning). The proposed amendment would remove the existing
requirement that major exterior alterations in these districts are processed only on a
biannual basis in February and September.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting that the Planning and Environmental
Commission (PEC) forward a recommendation of approval to the Vail Town Council
for amendments to Section 12-7B-7 Exterior Alterations and Modifications and 12-7C-5
Exterior Alterations or Modifications, pursuant to Section 12-3-7 Amendments, to change
the development review process for exterior alterations in the Commercial Core 1 (CC1)
and Commercial Core 2 (CC2) districts.
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Town of Vail Page 2
Exterior alterations are reviewed by the PEC in the CC1 and CC2 districts. The existing
code sections distinguish between major exterior alteration (adds or removes greater than
100 square feet) and a minor exterior alteration (all other exterior alterations). Major
exterior alterations are currently scheduled only on biannual dates in February and
September, while minor exterior alterations may be submitted for any regularly scheduled
meeting of the PEC. The proposed amendment removes the distinction between major
and minor exterior alterations and allows all exterior alterations to be submitted for a
regularly scheduled PEC meeting. The amendment also includes minor grammatical
updates to both sections.
The CC1 and CC2 districts are found in Vail’s core village area. The CC1 district
comprises much of Vail Village; covering an area from Gore Creek to the base area, and
Willow Bridge Road on the west to Mill Creek on the eastern boundary. The CC2 district
occupies a smaller area composed of the Village Core and Village Center Condos, just
east of the terminus of Willow Bridge Road with E Meadow Drive.
The following list includes some of the notable changes to the sections over the years:
•Ordinance 8,1973: Established comprehensive zoning for Vail, including CC1
and CC2 districts
•Ordinance 21, 1980: Added PEC review for exterior alterations in CC1 and CC2
with semi-annual review
•Ordinance 41, 1983: Allowed enclosures of less than 100 square feet to be
reviewed at any time during the year
•Ordinance 4, 1993: Clarified the procedures for exterior alterations, changed
biannual review dates to February and September
•Ordinance 1: 1998: Waived the biannual submittal deadlines for the year in CC1,
CC2, and the Lionshead Study area
III.PROPOSED TEXT AMENDMENT LANGUAGE
Please see Attachment A for the draft ordinance with the proposed changes to Sections
12-7B-7 and 12-7C-5.
IV.ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
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Town of Vail Page 3
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are
relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
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Town of Vail Page 4
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Vail 20/20 Strategic Action Plan (in part)
LAND USE AND DEVELOPMENT
Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk
and mass of residential, commercial, and recreational uses to ensure the quality,
character, diversity and vitality of the town by ensuring that all regulatory and advisory
land use documents are updated and current, providing ease of compliance and
enforcement, and uniformity among regulatory and advisory documents.
Goal #3: Ensure fairness and consistency in the development review process.
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Actions/Strategies
Provide transparency of the review process by improving communications.
• Embrace policies and practices that ensure honest governmental interaction.
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notification of design review applications.
• Provide adequate training for members of the town’s boards, commissions and
committees regarding goals and purposes for regulation.
• Develop a streamlined design review process and include in regulation updates.
VI. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for “promoting the health, safety,
morals, and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. The PEC review of exterior alterations in the village already provides an extra
layer of scrutiny additional to the DRB review. This amendment preserves the PEC
review, safeguarding and enhancing the character of the village, while improving the
timeliness and efficiency of that review.
Staff finds that the proposed text amendment meets this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The proposed amendment would better implement or achieve the applicable elements of
the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The
amendment advances council priorities as well as goals of the Vail Strategic Action Plan
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as laid out in Section V. In particular, the plan calls for fairness and consistency, as well
as streamlining the development review process.
Staff finds that the proposed text amendment meets this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The sections in question have not seen significant updates in nearly two decades. When
the biannual review was instituted in the eighties, the village was younger and there was
a more deliberate approach by grouping similar applications. Today, the village has an
established character, and individual applications can be evaluated against the qualities
and regulations that distinguish the core.
Staff finds that the proposed text amendment meets this criterion.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff finds that the amendment will provide a harmonious, convenient, workable
relationship among land use regulations consistent with the Town’s development
objectives. The amendment increases both the consistency and expediency of the
process by removing the distinction between major and minor exterior alterations.
Staff finds that the proposed text amendment meets this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendment.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented.
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Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for a Prescribed Regulation Amendment pursuant to 12-3-7
Amendment, Vail Town Code, to amend Section 12-7B-7 Exterior Alterations or
Modifications and 12-7C-5 Exterior Alterations or Modifications regarding the
development review process for exterior alterations in the Commercial Core 1 (CC1) and
Commercial Core 2 (CC2) districts (PEC24-0003).”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the February 26, 2024, staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATTACHMENTS
A. Draft Ordinance Amendment
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Planning and Environmental Commission Minutes
Monday, February 26, 2024
1:00 PM
Vail Town Council Chambers
Present: Scott P McBride
John Rediker
Brad Hagedorn
Robyn Smith
Bobby Lipnick
Absent: Henry Pratt
1. Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2. Call to Order
3. Main Agenda
3.1 A request for a review of a Prescribed Regulation Amendment pursuant to 12-3-7
Amendment, Vail Town Code, to amend Section 12-7B-7 Exterior Alterations or
Modifications and 12-7C-5 Exterior Alterations or Modifications regarding the
development review process for exterior alterations in the Commercial Core 1 (CC1) and
Commercial Core 2 (CC2) districts (PEC24-0003)
Planner: Jamie Leaman-Miller
Applicant Name: Town of Vail
PEC24-0003 Staff Memo.pdf
A. Draft Ordinance Amendment - 12-7B-7 & 12-7C5.pdf
Planner Leaman-Miller gives a presentation on the application. He goes over the two zone districts
that are effected by the proposed changes, Commercial Core 1 and Commercial Core 2. The proposal
is to remove the section that mandates that major exterior alterations be submitted and only reviewed
twice a year. This is contrary to other types of applications and zone districts where applications can
be reviewed at any regularly scheduled PEC meeting.
Rediker asks about the purpose of the original bi-annual review.
Leaman-Miller explains that they likely needed to be reviewed at the same time and they had a lot
of applications at the same time that necessitated them being reviewed.
Rediker asked when this was language was added.
Leaman-Miller answers that it was done in the 1980s and has been waived in times since then, so
not consistently applied.
Jensen asks if this is the only district that has this bi-annual review.
Leaman-Miller states that is correct. Lionshead has a cutoff of 1,000 square feet for exterior alterations
that need to be reviewed by the PEC, but those can be reviewed at any regular PEC meeting.
Planning and Environmental Commission Meeting Minutes of February 26, 2024
1 121
Hagedorn asks about difference between major and minor amendments.
Leaman-Miller goes over the square footage difference between the two, but that is the
only differentiating factor.
McBride asks to see the map again.
No public comment. Public comment closed.
Lipnick goes over the criteria to review and this amendment reserves the PEC’s review of the changes
in the village. Improves the timeliness and efficiency of review. Makes sense to be more fair,
consistent, and streamlines the review process.
Rediker agrees and believes the criteria are met by the application and as noted in staff’s memo.
Better reflects the current state of affairs in Vail Village.
Smith compliments staff on the memo and presentation.
McBride agrees with Lipnick on needing the oversight by PEC and this maintains that requirement.
No notable environmental impacts by this change.
Bobby Lipnick made a motion to Recommend for approval ; Robyn Smith seconded the motion
Passed (6 - 0).
4. Approval of Minutes
4.1 PEC Results 2-12-24
PEC Results 2-12-24.pdf
Robyn Smith made a motion to Approve ; Bill Jensen seconded the motion Passed (5–0–1) (Lipnick
abstained).
5. Information Update
Planner Roy goes over applications for renewal for PEC appointments, geothermal in Ford
Park, Exterior Energy Offset Program, Transportation Master Plan update, West Vail
Commercial and Landscaping code update.
6. Adjournment
Robyn Smith made a motion to Adjourn ; Scott P McBride seconded the motion Passed (6 - 0).
Planning and Environmental Commission Meeting Minutes of February 26, 2024
2 122
PRESENTATION BY
Jamie Leaman-Miller
Planner I
Ord. No. 2, Series of
2024
Exterior Alterations
in Commercial Core
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Proposal
Town of Vail | vail.gov
A request for a review of a Prescribed Regulation
Amendment pursuant to 12-3-7 Amendment, Vail Town
Code, to amend Section 12-7B-7 Exterior Alterations or
Modifications and 12-7C-5 Exterior Alterations or
Modifications regarding the development review process for
exterior alterations in the Commercial Core 1 (CC1) and
Commercial Core 2 (CC2) districts (PEC24-0003)
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Zoning Map
Town of Vail | vail.gov 125
MAJOR EXTERIOR ALTERATIONS
Town of Vail | vail.gov
Require PEC approval in some zone districts:
•Commercial Core 1 & 2 (bi-annual review)
•Lionshead Mixed Use 1 & 2
•Public Accommodation & PA-2
Require DRB approval in all districts
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12-7B-7 EXTERIOR ALTERATIONS OR MODIFICATIONS (CC1)
Town of Vail | vail.gov
(A)Subject to review.The construction of a new building,
the alteration of an existing building which adds or removes
any enclosed floor area, the alteration of an existing
building which modifies exterior rooflines, the replacement
of an existing building, the addition of a new outdoor dining
deck or the modification of an existing outdoor dining deck
shall be subject to review by the Planning and
Environmental Commission (PEC) as follows.
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12-7B-7 EXTERIOR ALTERATIONS OR MODIFICATIONS (CC1)
Town of Vail | vail.gov
(a)A property owner may apply for a major exterior
alteration (greater than 100 square feet) in any year during
which he or she shall submit an application on the February
or September dates as set forth in this subsection (A)(3).
Said application shall be termed a “major exterior
alteration”.
128
PROPOSED AMENDMENT
Town of Vail | vail.gov
The proposed amendment removes the distinction between
major and minor exterior alterations and allows all exterior
alterations to be submitted for a regularly scheduled PEC
meeting. The amendment also includes minor grammatical
updates to both sections.
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Recommendation
Town of Vail | vail.gov
Should the Vail Town Council choose to approve Ordinance No. 2, Series of
2024, on first reading, the Planning and Environmental Commission
recommends the Council pass the following motion:
“The Vail Town Council approves, on first reading, Ordinance No. 2, Series of
2024, an ordinance amending Section 12-7B-7 Exterior Alterations or
Modifications and 12-7C-5 Exterior Alterations or Modifications regarding
the development review process for exterior alterations in the Commercial
Core 1 (CC1) and Commercial Core 2 (CC2) districts.
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Thank you
131
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:March 19, 2024
TIME:30 min.
SUBMITTED BY:Carlie Smith, Finance
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 3, Series of 2024, First Reading, of an Ordinance
Making Budget Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Real Estate Transfer Tax Fund, Housing
Fund, Heavy Equipment Fund, Timber Ridge Fund, and
Residences at Main Vail Fund of the 2024 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. 3, Series
of 2024, upon first reading.
PRESENTER(S):Carlie Smith, Finance Director
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
240319 YE 1st Supp.pdf
Ordinance 6, Series of 2024 First Reading.pdf
YE 1st Supp Powerpoint.pdf
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TO: Vail Town Council
FROM: Finance Department
DATE: March 19, 2024
SUBJECT: 2023 Results and 2024 Supplemental Appropriation
I.SUMMARY
The completion of the town’s 2023 fiscal year sets the stage and provides context for the town’s
first supplemental budget appropriation of 2024. Included in this memo is a high-level
preliminary review of 2023 financial results. During Tuesday evening's session, you will be
asked to approve the first reading of Ordinance No. 3, making supplemental appropriations and
adjustments to the 2024 budget. This supplemental reflects $72.0M 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
2023 RESULTS
Across all funds, revenues totaled $111.5 million. Excluding large one-time grant revenues from
federal grants and the Vail Reinvestment Authority capital reimbursement, 2023 revenues
totaled $101.8 million, up $10.2 million from 2022 and up $8.2 million from budget.
Sales Tax collections totaled $46.9M in 2023 including both the general 4.0% sales tax
($40.8M) and the new 0.5% housing sales tax ($5.1M). Compared to the prior year, sales tax
revenues were up $681.8K, or 1%, and up $2.0 million, or 4%, compared to budget. January
through March collections were strong, with visitation and inflation both remaining high as a
result of the lingering impacts from the pandemic. However, beginning in May, sales tax
collections began to level out after experiencing record-breaking year-over-year growth
beginning in 2020.
Real Estate Transfer Tax collections totaled $7.6 million, a $1.6 million or 17% decrease
compared to 2022. 2022 collections of $9.6 million 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.
Construction Use Tax collections of $2.5 million were up $325K or 15% from 2022. In
addition to construction use tax, overall construction activity decreased compared to prior year.
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Lift tax collections of $8.5 million were down 2.0% or $130.7K compared to 2022.
Parking revenues totaled $9.4 million during 2023, up 15.0%, or $1.2 million from 2022.
For 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. 2023 reflected a full calendar
year of the new parking pass pricing structure.
Investment Earnings in 2023 totaled $7.5 million, up $7.1 million compared to 2022. Beginning
in late 2022 interest rates began to rise as a result of Federal Reserve policies with a goal of
reducing inflation.
2022 net expenditures totaled $106.1 million compared to $191.0 million budgeted. Of the
$84.9 million budget variance, $72.0 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 $12.9 million was a result of savings from capital
projects ($4.8), town-wide staffing vacancies ($881.0K), reduced event spending ($711K), fewer
health insurance claims ($1.2M), and reduced general operating expenditures ($4.9M) such as
professional fees, general supplies and materials, programs, and fuel and vehicle supplies.
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2024 SUPPLEMENTAL APPROPRIATION
The main purpose of this supplemental is to re-appropriate funds for capital projects budgeted in
2023 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 2024 budget
was finalized.
General Fund
Revenue
General Fund revenues have been increased by $94,878 offset by a decrease in revenue of
$2,098. The majority of the increase in revenue, $65,878, reflects project reimbursements and
grant funding that will be directly offset by corresponding expenditures including the following:
• $33,850 of additional Hope Center grant funds from the Colorado Department of Human
Services Behavioral Health Administration. The total amount of this grant for FY24 is
$387,700. These funds go towards behavioral health and are sent to Your Hope Center.
• $11,700 in rental revenue for January through April for six master leased Timber Ridge
units. The rental revenue will partially offset expenditures of $53,008 for the master
lease rent, furniture rental, and utility costs.
• $20,328 of rental revenue for the newly purchased Buffher Creek unit, partially offset by
$9,198 of expenditures.
The remaining $29,000 increase in revenue includes the recognition of $15,500 of friends of the
library donations that will go towards the annual champagne celebration and the story walk.
These expenditures were included in the 2024 original budget. This also a transfer of $13,500
from the RETT Fund. These funds were originally budgeted for an environmental internship but
instead are being requested to use towards the Destination Stewardship Management Plan.
These funds specifically would be used towards business leadership training, a best practice
guide, policy developments, waste program implementation, social media education, and
greenhouse gas usage modeling.
Revenue has been decreased by a total of $2,098 to true up inter-fund administrative fees,
including a $1,000 decrease in the 5% business license collection fee and a $1,198 decrease in
the Dispatch Service occupancy charge.
General Fund expenditures are proposed to increase by $6,293,568, of which $110,776 will be
reimbursed by the revenue items listed above. An additional $5,993,817 represents
expenditures budgeted in 2023 and are being requested to be reappropriated. Reappropriations
in the General Fund include:
• The $5,643,985 transfer from the General Fund to the RETT Fund for the acquisition of
the Booth Heights open space parcel. Currently these funds are in an escrow account
with Eagle County courts. When these funds are transferred to Vail Resorts the
expenditures will be recognized along with the transfer from the General Fund.
• $203,440 for the 2023 uniform order for town employees. Uniforms were delayed due to
supply chain issues and are anticipated to begin arriving in the spring.
• $98,029 of planning project funds for the West Vail Master Plan
• A $48,363 transfer of police seizure funds to the capital projects for the purchase of two
police canines and associated vehicle modifications utilizing police seizure funds. The
K9s were contracted for in 2023 but were delivered to Town of Vail officers in 2024. The
corresponding expenditure reappropriation is reflected in the Capital Projects Fund.
The remaining $189,475 represent new requests:
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•$75,000 to conduct a transit route and operations planning study. This study will review
current operations and determine the most efficient routing and operations setup for the
bus system. Staff will be pursuing grants to offset a portion of this costs.
•$33,000 to conduct an updated compensation study in 2024; a study was initially
planned for 2025 (four years since the last study), but the market continues to show
significant changes.
•$30,000 to cover the increased costs of ammunition due to drastic cost escalations.
•$20,000 for additional police department staffing support at the town’s 4th of July
celebration.
•$15,000 to conduct an employee engagement survey/cultural assessment to align with
employee expectations and the new organizational values.
•$9,600 annual costs for VLHA public meeting recordings.
•$6,875 increase in the Heavy Equipment Fund’s replacement charge for the newly
purchased electric loading and delivery carts. The replacement charge is to paid to the
Heavy Equipment Fund.
The above adjustments to the General Fund 2024 budget result in an estimated fund balance of
$28.9 million by the end of 2024, or 47% of annual revenues in a normal year.
Capital Projects Fund
Budgeted revenues will be adjusted by an increase of $11,598,698. A majority, or $10,455,144,
is for 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 reimbursement of $4,341,623 from the Vail Reinvestment Authority (VRA) for the
planning and design phase of Dobson redevelopment ($3,843,165), Lionshead
snowmelt/streetscape repair ($250,000), Frontage Road Enhancements including
sidewalk expansion ($220,100), and Children’s Garden of Learning facility relocation
($28,358)
•A total of $3,464,882 from two Federal grants to be used towards electric bus
purchases.
•$2,064,548 for a Colorado Department of Transportation (CDOT) grant towards four
electric bus purchases.
•$255,728 CDOT grant to be used towards electric bus electric charging infrastructure
(four electric bus chargers).
•$250,000 Multi-Model Option Funds grant to be used towards bollard infrastructure and
to purchase electrical vehicles for the loading and delivery program.
•Utilization of $48,363 of police seizure funds will be used for the modification of two
patrol cruisers into K9-compatible vehicles ($7,350) and the purchase of two police
canines ($41,013)
•$30,000 State electric vehicle (EV) grant for EV charging infrastructure at the public
works buildings.
The remaining $1,143,554 increase in revenues includes:
•$921,672 utilization of the 1% Holy Cross franchise fee and $215,875 of the Holy Cross
Enhancement Fund for the underground utility project Spraddle Creek and Bald
Mountain Rd. The total cost of this project is an estimated cost of $4.2M. Additionally
Holy Cross is directly funding the cost of the equipment.
•$6,007 transfer from the Marketing Fund towards the purchase of an additional storage
container for the Kringle Crossing Holiday Village.
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Staff is requesting to supplement 2024 expenditures by a total of $31,818,728 of which
$31,277,221 represents projects budgeted in 2023 but not yet completed/received such as the
replacement of eight buses ($9.6M), a placeholder to purchase new Town of Vail employee
units ($1.2M); major town facility maintenance and upgrades such as the replacement of the
municipal building HVAC and library air handler nearing end of life ($1.3M), the repair of
deteriorating bridges in East Vail ($1.0M), the ongoing repair and replacement of streetscape
and snowmelt infrastructure in Vail Village ($1.4M), the continuation of the Dobson
Redevelopment project ($3.9M), and a $1.3M placeholder for the replacement and exploration
of the electrification of aging snowmelt boilers at the Vail transportation center. Please see the
Capital Projects Fund statement for a full list of all re-appropriations.
New requests/adjustments include the following:
• $350,000 is requested for an increase to the Bus Wash Replacement, funded with 2023
savings from Facility Maintenance Projects and Bus Replacements. This was approved
by Council at the February 20th meeting.
• $150,000 is requested to increase the budget for the ongoing cabling/network
infrastructure upgrade project throughout town-owned buildings due to higher-than-
expected engineering costs. The total 2024 budget for this project is $795,626.
• $32,500 is requested for an increase to the subscription and implementation of a budget
software solution. This increase would be offset by 2023 savings in other business
systems replacements. The total cost in 2024 is $72,500 and will have an annual
subscription cost of $39,500.
• $3,000 for the cost of an extended warranty on the three loading and delivery club car
purchases
All of the above adjustments will result in an estimated fund balance of $24.5 million by the end
of 2024. Within the five-year plan, the projected fund balance would reach its lowest amount of
$2.3M in 2027.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $6,187,745. The majority of this or
$6,148,945 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:
• $5,643,985 delay in the transfer of funds from General Fund for the acquisition of the
Booth Heights parcel.
• $312,243 re-appropriation of a reimbursement from Eagle River Water and Sanitation
District and $150,000 re-appropriation of a reimbursement from Eco Trails for the
completion of the re-stabilization of the Dowd Junction retaining wall and bike path
• $22,091 re-appropriation of a grant form the Colorado Department of Public Health &
Environment for water quality projects.
• $10,826 re-appropriation for the unused Protect Wildlife bear education grant funds from
Colorado Parks and Wildlife
• $9,000 re-appropriation of the usage of bag fees towards the replacement of the catwalk
at the Recycling Center
The remaining $38,000 increase in revenue is a request to utilize bag fee funds to support the
continuation of the Zero Hero Waste Program. This program was cut from the original 2024
budget.
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Staff is requesting to supplement expenditures by a total of $27,392,689 of which $25,780,946
represents projects budgeted in 2023 but not yet completed such as the acquisition of the Booth
Heights parcel ($17.6M), the planning and construction of the Ford Park Art Space ($760.4K), a
new athletic field and storage restroom to support the Vail Recreation District ($1.0M), the
ongoing re-stabilization of the Dowd Junction retaining wall and bike path ($817.6K), and the
replacement of synthetic turf at Ford Park ($472.0K).
Please see the Real Estate Transfer Tax fund statement for a full list of all re-appropriations.
New requests/adjustments include the following:
• $1,134,769 for additional legal fees related to the acquisition of the Booth Heights
parcel. This supplemental reflects utilizing RETT Fund reserves however this could also
be funded by the General Fund with an increase in the loan to the RETT Fund from the
General Fund for Booth Heights.
• $660,000 increase for the construction of the Ford Park Art Studio. This request will
utilize $360,000 of general art program funds and $300,000 of 2023 savings within the
RETT fund. This request was approved by Council at the 3/5 Council meeting.
• $72,000 increase in the street furniture budget for the purchase of replacement picnic
tables throughout town for a more aesthetic option.
• $32,000 increase for the Gore Creek Interpretive Signage project due to higher-than-
expected cost. Staff is requesting to use 2023 savings in the streambank restoration
project.
• $15,000 to conduct a feasibility study for a car share program
• $13,174 in additional funds for the Protect Wildlife bear campaign for additional bus
advertisements and visibility. The total cost of this campaign across 2023 and 2024 is
$61,674 and is partially funded by a $22,500 grant.
• $6,000 for the purchase of additional 12oz cups to continue the Ball Cup program
The above adjustments will result in an estimated fund balance of $8.9 million at the end of
2023, and an ending fund balance of $3.7 million in 2028. An estimated $1.6M is available for
Council to used towards the purchase of Booth Heights (decreasing the loan from the General
Fund for Booth Heights from $5.6M to $4.0M). These funds can also remain in the fund balance
for future projects such as the redevelopment of Dobson Arena, outcomes of the Ford Park
plan, and playground safety improvements.
Housing Fund
Budgeted revenue will increase by $475,000 for the sale of the Pitkin Creek Park unit purchased
by the town in 2023. This unit was resold to the community with a “buy-down” as a deed
restricted unit.
Staff is also requesting to supplement budgeted expenditures by $14,092,051 of which
$13,944,946 represents re-appropriations of the town’s housing programs. This includes:
• A $5,920,000 placeholder for the acquisition of CDOT parcels at East Vail and West
Middle Creek. The East Vail parcel is anticipated to close this month.
• $3,892,046 towards pre-development costs for a new housing projects at West Middle
• A $1,715,000 placeholder for the acquisition of the CDOT parcel at Timber Ridge. These
funds will be transferred to the Timber Ridge Fund, which will directly make the purchase
of the parcel.
• $680,089 of funds for the InDEED program. The 2024 amended budget includes a total
of $3,180,089 for the InDEED program.
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• A carryforward of $102,891 allocated to buy-down housing
• A $1,500,000 placeholder to ensure funds are available for future housing purchase
opportunities
• $37,815 for Timber Ridge Redevelopment implementation
New requests/adjustments include the following:
• $50,000 placeholder for legal fees associated with the West Middle Creek
redevelopment
• $43,105 transfer to the Timber Ridge fund for preconstruction management costs
• $17,104 to allocate 2023 housing-fee-in lieu collections towards buy down funds.
• $4,000 usage of buy-down funds towards Pitkin Creek Park unit utility costs prior to the
resale of the unit.
The above adjustments will result in an estimated fund balance of $1.2 million at the end of
2024.
Residences at Main Vail Fund
Staff is requesting to re-appropriate expenditures of $62,019 to fund water quality testing
associated with the Residences at Main Vail development.
Marketing Fund
The Marketing Fund reflects a transfer of $6,007 to the Capital Projects Fund utilizing town
produced events funding for the purchase of an additional storage container for the Kringle
Crossing Holiday Village. This has no net effect on the total budget.
Heavy Equipment Fund
Budgeted revenue will increase by $6,875 to reflect the replacement charge for the loading and
delivery vehicles paid by the town’s General Fund.
Budgeted expenditures are proposed to increase by $1,515,246 and offset by a budget
reduction of $287,700 for six vehicles moved forward to the 2023 budget during the last
supplemental. The majority of the increase in expenditures, $1,380,182, is requested for vehicle
replacements originally budgeted in 2023 and 2022 but have not been purchased due to supply
chain issues. Most vehicles budgeted for have been ordered and are awaiting delivery. The
remaining $135,114 increase in expenditures is requested as a result of increased costs of a
facilities sweeper, class 8 dump truck, and GVW dump 4x4 plow. Theses vehicles are
scheduled for replacement this year.
Timber Ridge Fund
A total increase in expenditure of $189,382 is being requested which includes a $175,624
increase in operational costs estimated for final operational costs before constriction for the
redevelopment begins in May. A re-appropriation of $13,758 is also requested for the
redevelopment plan implementation.
The Timber Ridge Fund reflects a transfer of $1,808,105 from the Housing Fund for the CDOT
parcel acquisition ($1,715,000), construction managements costs ($43,105), and legal fees
associated with the project ($50,000).
139
- 8 -
The above adjustments will result in an estimated remaining fund balance of $839.3K at the end
of 2024.
140
Preliminary Proposed
2023 2023 Variance 2024 1st 2024
Amended Actual Fav/(Unfav)Budget Supplemental Amended
Revenue
Local Taxes:40,085,000$ 41,869,711$ 1,784,711$ 40,850,000$ 40,850,000$
Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 59/41 62/38 62/38
Sales Tax 24,853,000 24,853,000 - 25,327,000 25,327,000
Property and Ownership 6,070,789 6,077,562 6,773 8,445,000 8,445,000
Ski Lift Tax 6,234,550 6,536,433 301,883 6,675,000 6,675,000
Franchise Fees, Penalties, and Other Taxes 1,751,381 1,957,912 206,531 1,901,156 1,901,156
Licenses & Permits 3,028,134 2,918,002 (110,132) 2,832,032 2,832,032
Intergovernmental Revenue 3,989,599 3,929,509 (60,090) 3,008,181 33,850 3,042,031
Transportation Centers 8,578,500 9,379,260 800,760 8,930,196 8,930,196
Charges for Services 1,071,347 1,131,070 59,723 1,029,992 (2,098) 1,027,894
Fines & Forfeitures 321,500 334,657 13,157 204,116 204,116
Earnings on Investments 1,416,026 3,107,280 1,691,254 500,000 500,000
Rental Revenue 1,462,487 1,519,267 56,780 1,757,238 32,028 1,789,266
Miscellaneous and Project Reimbursements 328,145 214,406 (113,739) 518,199 15,500 533,699
Total Revenue 59,105,458 61,958,358 2,852,900 61,128,110 79,280 61,207,391
Expenditures
Salaries 25,748,500 25,725,105 23,395 28,477,724 28,477,724
Benefits 9,940,183 9,927,552 12,631 8,940,570 8,940,570
Subtotal Compensation and Benefits 35,688,683 35,652,657 36,026 37,418,294 - 37,418,294
Contributions and Welcome Centers 296,134 186,816 109,318 307,200 307,200
Childcare Program Funding 250,000 168,397 81,603 250,000 250,000
All Other Operating Expenses 13,423,218 11,769,934 1,653,284 12,503,275 407,816 12,911,091
Heavy Equipment Operating Charges 3,033,696 2,785,914 247,782 3,352,626 3,352,626
Heavy Equipment Replacement Charges 1,101,105 1,194,880 (93,775) 1,193,175 6,875 1,200,050
Increased Hope grant passthrough funds (offset by
increase in expenditure below)
True-up GF Administrative fees for Marketing and
Dispatch Services Funds
Timber Ridge/Buffer Creek rent revenue
Friends of the library donations to be used towards story
walk and champagne celebration
Hope Center grant pass through ($33.9K); 4th of July PD
support ($20K); ammunition ($30K); VLHA meeting
recordings ($9.6K); Compensation study ($33K); Culture
survey ($15K); TR Master lease ($53K); Buffer Creek
condo dues/utilities ($9.9K); Uniform order re-
appropriation ($203.4K)
Loading and delivery electric cart replacement charge
Dispatch Services 669,317 669,317 - 691,448 691,448
Total Expenditures 54,462,153 52,427,915 2,034,238 55,716,018 414,691 56,130,709
Surplus (Deficit) from Operations 4,643,305 9,530,443 4,887,138 5,412,092 (335,411) 5,076,682
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
9
141
Preliminary Proposed
2023 2023 Variance 2024 1st 2024
Amended Actual Fav/(Unfav)Budget Supplemental Amended
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
One-Time Items:
Federal Grants
CRRSAA Transit Grant (Operating)337,234 337,234 - 236,152 236,152
CARES Transit Grant (Operating)-
American Rescue Plan Grant (1,365,835) 1,365,835 American Rescue Plan Initiatives 1,365,835 (1,365,835)
Planning Projects
Transit Route & Operations Planning (75,000) (75,000)
VLMD Transfer for Destination Stewardship Mgmt. Plan 200,000 200,000 - 200,000 200,000
Destination Stewardship Mgmt. Plan (230,319) (17,339) 212,980 (213,815) (13,500) (227,315)
Vail Vision (100,000) 100,000 -
Civic Area/Dobson Master Plan (350,000) (16,005) 333,995 (350,000) (350,000)
West Vail Master Plan (100,000) (1,971) 98,029 (98,029) (98,029)
Contingency (25,000) (25,000)
Contributions Funded with Reserves
Vail Chapel Capital Contribution (500,000) (500,000) -
ECO Trail- Eagle Valley Trail Contribution (Minturn)(100,000) (100,000) -
Net Increase /(Decrease) due to One- Time Items: (843,085) (98,081) 745,004 (152,663) (186,529) (339,192)
Transfer to Marketing & Special Events Fund (1,535,000) (850,000) 685,000 (2,600,000) (2,600,000)
Transfer to RETT (Booth Heights Acquisition)(5,643,985) 5,643,985 (5,643,985) (5,643,985)
Transfer to Other Funds (1,659,712) (1,611,349) 48,363 (48,363) (48,363) Re-appropriate K9 and vehicle modifications
Transfer from RETT 13,500 13,500 Utilize 2024 environmental intern funds for destination
stewardship plan
Timber Ridge
Transfer to TR for Site and Podium (23,749,840) (23,749,840)
Transfer to TR for Building A Subsidy (4,300,000) (4,300,000)
Surplus (Deficit) Net of Transfers and One-Time Items (5,038,477) 6,971,013 12,009,490 (25,390,411) (6,200,788) (31,591,198)
Beginning Fund Balance 53,512,084 53,512,084 48,473,607 60,483,097
Ending Fund Balance 48,473,607$ 60,483,097$ 23,083,196$ 28,891,899$
As % of Annual Revenues 98%38%47%
EHOP balance included in ending fund balance - not spendable 1,542,414$ 32,567$ 1,574,981$
10
142
Includes New Request
Variance
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
Total Sales Tax Revenue:40,085,000$ 41,869,711$ 1,784,711$ 40,850,000$ -$ 40,850,000$ 41,667,000$ 42,500,000$ 43,775,000$ 45,088,000$ 2024: Down 1% from 2023 Forecast (Includes estimates to Residences Inn), 2025/2026: 2% increase, 2027/2028: 3%
Increase
Sales Tax Split between General Fund & Capital Fund 62/38 51/41 62/38 62/38 62/38 62/38 62/38 62/38 Sales tax split 62/38
Sales Tax - Capital Projects Fund 15,232,300$ 17,016,711$ 1,784,411$ 15,523,000$ -$ 15,523,000$ 15,833,000$ 16,150,000$ 16,635,000$ 17,133,000$ Updated projections based on YTD actuals, with remainder of the year down 8% from PY; 2% down from 2022 in total;
Sales tax split 62/38
Use Tax 2,200,000 2,514,304 314,304 2,040,000 - 2,040,000 2,081,000 2,123,000 2,165,000 2,208,000 Based on 5-year average; 2024 - 2028: 2% Increase
Franchise Fee 1,000,000 - (1,000,000) 205,000 921,672 1,126,672 209,000 213,000 217,000 221,000 2024: Utilize 1% Franchise Fee for Holy Cross underground utilities project
Federal Grant Revenue 3,464,882 - (3,464,882) - 3,464,882 3,464,882 - - - -
2023: Re-appropriation of $1.65M grant from Hickenlooper/Bennet federal grant award for two additional electric buses;
2024: Re-appropriate Hickenlooper/Bennet Federal grant award for two electric buses ($1.65M); and 5339 (B)
Federal Grant towards two electric buses ($1.8M)
Other County Revenue 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;
Other State Revenue 2,606,276 - (2,606,276) 750,000 2,600,276 3,350,276 - - - -
2023: $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 ; 2024: MMOF grant towards Mobility
Hub Design ($750K); Re-appropriate CDOT grant towards four electric buses ($2.0M), CDOT grant towards four
electric bus chargers ($255.7K), remaining MMOF Grant for l&d and bollards($164.4K), fleet charging station
grant ($30K)
Lease Revenue 164,067 170,392 6,325 172,270 - 172,270 172,270 172,270 172,270 180,884 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K); Per Vail
Commons commercial (incr. every 5 years)
Project Reimbursement - 49,625 49,625 558,562 215,875 774,437 - - - - 2024: Utilize Holy Cross Enhancement Fund for HCE Underground Utility Project; Total balance $774,437
Timber Ridge Loan repayment 462,999 462,999 - 468,933 - 468,933 468,977 3,537,404 - - 2026: Payoff of Timber Ridge Loan using proceeds of new Timber Ridge unit sales
Earnings on Investments and Other 1,074,848 2,292,782 1,217,934 289,610 - 289,610 313,186 17,348 24,175 16,235 2023: $7.5K Tesla rebate. 0.7% returns assumed on available fund balance; Increase based on YTD earnings on
investments ($1.0M); 0.7% returns assumed on available fund balance;
Total Revenue 26,316,705 22,506,813 (3,809,892) 20,007,375 7,202,705 27,210,080 19,077,433 22,213,022 19,213,445 19,759,118
Facilities
Facilities Capital Maintenance 590,000 568,855 21,145 469,500 301,487 770,987 265,000 360,000 370,800 381,924
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 includes: 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); Additional funds for Transit Office Air Handler
Engineering and Library Air Handler Engineering using 2023 savings from Municipal Complex Maintenance
($346.5K) 2025 includes: Fire Station II Overhead garage doors ($25K), Library Boiler Replacement ($25K); 2026
includes: Lionshead Transit Center Repairs ($50K), Buzzard Park washer/dryer replacement ($15K); Transit Office
carpet replacement ($15K); 2027 includes: Lionshead transit center exterior stain ($45k), Lionshead welcome center 1st
floor and Grandview flooring replacement ($100k), PW Shop & Bus Barn Roofing 30% ($75K), PW Shop boiler
replacement ($35K), ford park lift station pump ($40K); 2028 includes: Fire Station II Sloped Roof Replacement ($50K),
public works administration hot water heater replacement ($40K), vail valley drive lift station ($40k);
Municipal Complex Maintenance 1,736,398 281,056 1,455,342 260,000 1,025,000 1,285,000 267,800 275,834 284,109 292,632
2023: Re-appropriate $1.5M towards Muni Air Handling replacement; Comm Dev boiler replacement ($100K), Comm
Dev air handler replacement ($75K); 2024: Municipal Complex Maintenance ($260k); Re-appropriate remaining funds
for Muni HVAC Replacement ($1.0M); 2025-2028: 3% annual increase
Building Energy Enhancement Projects 25,000 - 25,000 25,000 25,000 50,000 25,000 25,000 25,000 25,000
2023: Placeholder for energy enhancements specific to Town buildings; 2024: Re-appropriate funds for planned
energy enhancements to Town buildings; 2024 - 2028: Placeholder for energy enhancements specific to Town
buildings
Public Works Building Maintenance 180,000 - 180,000 - 180,000 180,000 - 100,000 - -
2023: Re-appropriated $100K to relocate furnace and partial exterior paint. $80k Window replacement; 2024: Re-
appropriate funds towards PW Admin exterior building paint, furnace relocation, and window replacement
($180K) 2026: Roof Replacement ($100K)
Welcome Center/Grandview Capital Maintenance 125,000 41,222 83,778 25,000 96,778 121,778 25,000 25,750 26,523 27,318
2023: Re-appropriate $213K to complete replacement of Welcome Center Display upgrades; Re-appropriate $100K for
furniture replacement; 2024: Re-appropriate furniture upgrade in Lionshead welcome center ($83.7K); Use
savings of $13K from Welcome Center displays to go towards furniture upgrades; 2024 - 2028: Annual
Maintenance ($25k)
Welcome Center display upgrades 226,000 213,000 13,000 - - - - - - - 2023: Welcome Center Display upgrades
Purchase of Employee Rental Units 4,781,958 3,557,822 1,224,136 2,000,000 1,224,136 3,224,136 2,000,000 2,000,000 2,500,000 2,500,000 2024-2028: Placeholder for purchase of TOV employee housing stock; 2024: Re-appropriate funds towards
continuing purchase of TOV employee housing stock ($1.2M)
Employee Rental Capital Maintenance 402,725 271,235 131,490 150,000 130,000 280,000 150,000 75,000 75,000 75,000 2024-2028: Capital Maintenance budget for town owned rental units; 2024: Re-appropriate window replacement
Buffehr Creek #6A and #4A ($47.2K) and roof replacement at the Hamlet unit ($72.8K)
Snowmelt Boilers Replacement 1,590,000 296,914 1,293,086 1,000,000 1,293,086 2,293,086 2,500,000 - 3,500,000 -
2023: $1.0M for (3) BTU boiler replacements; $500k for TRC electric boiler replacements (2); 2024-2027: Placeholder
for replacement of BTU boilers at end of life with more efficient models; 2024: Re-appropriate funds towards Boiler
Replacements ($1.3M)
Arrabelle Snowmelt Boilers 190,000 - 190,000 - 190,000 190,000 - - - - 2023: Placeholder for boiler replacement; Shared expense with Arrabelle (VR) for streetscape heat; 2024: Re-
appropriate funds towards Arabelle Boiler Replacement ($190.0K)
Donovan Pavilion Remodel 25,000 - 25,000 50,000 - 50,000 - 25,000 - - 2023: $25K annual capital maintenance budget; 2024/2026: Capital Maintenance Placeholders
Mountain Plaza Elevator Renovation - - - - - - 100,000 - - - 2025: Mountain plaza elevator renovation (shared cost with Vail Resorts)
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
11
143
Includes New Request
Variance
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Vail Mobility Hub Expansion - - - 1,500,000 - 1,500,000 - 2,000,000 - - 2024: Design for Vail Mobility Hub (VTRC) Expansion ($750K MMOF match grant); 2026: Placeholder for future grant
match to construction expansion
Fire Sprinkler Upgrades at Bus Barn 100,000 - 100,000 500,000 100,000 600,000 - - - -
2023 includes $100K for design with $500K in 2024 for installation; 2024: Update Fire Sprinkler system in bus barn to
accommodate needs of expanded electric bus fleet ($500k); Re-appropriate design funds for sprinkler system
updates ($100K)
Public Works Shops Expansion 175,037 60,494 114,543 - 114,543 114,543 - - - -
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; Utilize project savings for 800-amp electrical
upgrades for EV-charging capability and four electric vehicle chargers at Public Works Shops ($82K); Re-appropriate
funds towards architectural feasibility and planning for identified phase two expansion opportunities ($114.5K)
Total Facilities 10,147,118 5,290,599 4,856,519 5,979,500 4,680,030 10,659,530 5,332,800 4,886,584 6,781,432 3,301,874
Parking
Parking Structures 1,290,000 576,324 713,676 1,040,000 - 1,040,000 1,287,000 1,275,000 1,315,000 1,405,000 2024-2028: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing
and other structural repairs
Parking Entry System / Equipment 526,898 199,707 327,191 - 327,191 327,191 - - - 1,045,500
2023: Re-appropriate $283.2K prepaid parking subscription funds to be amortized over subscription period; Re-
appropriate $209K for ongoing costs of the new parking system; $35K additional parking system costs; 2024: Re-
appropriate $114.8K for remaining parking system replacement costs; 2028: Placeholder for parking system
update
Red Sandstone Parking Structure - - 70,000 - 70,000 - 50,000 - - 2024: $70K structure resealing; 2026: $50K Concrete patch replacement
Lionshead Parking Structure Landscape Renovations (VRA) 20,000 - 20,000 - - - - - - - 2023: Re-appropriate $20K to complete landscaping at the Lionshead parking structure
Total Parking 1,836,898 776,031 1,060,867 1,110,000 327,191 1,437,191 1,287,000 1,325,000 1,315,000 2,450,500
Transportation
Bus Shelters 258,489 55,906 202,583 30,000 202,583 232,583 30,000 30,000 30,000 30,000
2023: Re-appropriate remaining budget to complete 4th shelter ($28K) Bus shelter annual maintenance; 2024 - 2028:
Bus shelter annual maintenance ($30K); 2024: Re-appropriate funds for Bus Shelter Additions in East Vail
($202.6K)
Replace Buses 9,846,643 1,866 9,844,777 - 9,599,777 9,599,777 - - - -
2023: Re-appropriate $9.8M bus replacements, 6 anticipated in 2023 of which a portion of this is offset by grant
reimbursements; 2024: Re-appropriate $9.6M funds for six bus replacements with electric models - Offset by
grant funding ($9.6M)
Bus Wash Equipment 300,000 - 300,000 - 650,000 650,000 - - - -
2023: Replace Bus Wash System with simpler more reliable drive through brush system. Current system is six years old
is consistently breaking down; 2024: Re-appropriate Bus Wash Replacement ($300K); Increase in cost for bus
wash replacement, offset by 2023 savings in Facility Maintenance and Bus Replacements ($350K)
Bus Transportation Management System - - - - - - - - - 1,000,000 2028: Replacement for Bus Management System ($1.0M)
Bus Sign Replacement 165,270 150,245 15,025 - 15,025 15,025 - - - -
2023: $165.3K for the 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. 2024:
Re-appropriate $15.0 remaining funds for electric bus signage replacement project
Traffic Impact Fee and Transportation Master Plan Updates 273,104 224,161 48,943 - 48,943 48,943 - - - - 2023: $273K for ongoing updates to the mobility and transportation master updates; 2024: Re-appropriate remaining
funds to finalize and adopt Go Vail 2045 ($48.9K)
Hybrid / Electric Bus Battery Replacement 165,000 - 165,000 - 165,000 165,000 - 360,000 - 500,000 2024: Re-appropriate $165K contingency for hybrid bus battery failure; 2026: Scheduled replacement placeholder;
Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet; 2028:
$500,000 Placeholder for Electric Bus Battery Replacement
Bus Camera System - - - - - - - 290,000 - - 2023: $15K for Installation of software and cameras in buses; 2026: Replace current fleet of 33 buses with updated
camera surveillance system. In 2026 the camera system will be 11 years old and reaching end of life
Electric bus chargers and electrical service rebuild 397,020 3,237 393,783 600,000 393,783 993,783 - - - - 2023: $397K for electric bus charging infrastructure; 2024: $600K New charging station placeholders for additional
electric buses added to fleet; Re-appropriate $393.8K for electric bus charging infrastructure project
Total Transportation 11,405,526 435,415 10,970,111 630,000 11,075,111 11,705,111 30,000 680,000 30,000 1,530,000
Road and Bridges
Capital Street Maintenance 1,350,000 1,331,659 18,341 1,640,000 - 1,640,000 1,450,000 1,743,000 1,457,000 2,145,000
2023: Annual Capital street maint placeholder allocation includes asphalt and mill overlay ($575K); On-going
maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2024 includes surface seal
($310K); asphalt mill overlay ($550K); Drainage Improvement ($105k)
Street Light Improvements 365,000 - 365,000 75,000 365,000 440,000 75,000 80,000 80,000 80,000
2023: Re-appropriate street light replacements, town now has electrical supervisor to complete work $290K; Town-wide
street light replacement; 2024 - 2025: Annual Town-wide street light replacement ($75K); 2026 - 2028: $80K annual
Town-wide street light replacement ($80K); 2024: Re-appropriate street light improvements ($365K)
Slifer Plaza/ Fountain/Storm Sewer 70,714 - 70,714 - 70,714 70,714 - - - - 2023: Re-appropriate $70.7K for water quality smell issues; 2024: Re-appropriate $70.7k towards water quality
smell issues not completed in 2023
Vail Health / TOV Frontage Road improvements 250,000 14,900 235,100 - 235,100 235,100 - - - -
2023: $250K for roundabout project, landscape and signage $250K of which $235K will be reimbursed by the VRA with
$15K reimbursed by Vail Health for the bus stop; 2024: Re-appropriate funds for the remaining project: widen
sidewalk at Vail International ($235.1K)
12
144
Includes New Request
Variance
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Neighborhood Bridge Repair 1,493,199 407,600 1,085,599 - 1,085,599 1,085,599 - 500,000 - - 2023: Bridge repair Nugget Lane ($593K),Gore Creek ($450K), and Lupine Drive ($450K); 2024: Re-appropriate
funds for complete on going projects at Nugget Ln, Lupine Dr, Bighorn Rd at Pitkin and Bighorn Creeks, as
well as scour mitigation at Main Gore Dr and Chamonix Rd ($1.1M); 2026: Kinnikinnick East Bridge Rehabilitation
Seibert Fountain Improvements 27,082 - 27,082 - 27,082 27,082 - 100,000 - - 2023: $27K for continued fountain upgrades; 2024: Re-appropriate funds for fountain upgrades ($27.0K) not
complete in 2023; 2026: Placeholder for pump replacement
Roundabout Lighting Project 1,950,000 713,303 1,236,697 - 1,236,697 1,236,697 - 2,000,000
- -
2023: The 2023 budget includes $1.8M with $150K contingency. This project 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; 2026: New lighting at the West Vail roundabout.
Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such
as traffic cameras ($2M); 2024: Re-appropriate funds to complete lighting project at Town Center ($1.2M)
Neighborhood Drainage Master Plan Update - - - - - - 350,000 - - - 2025: Develop Town Drainage Master Plan to be consistent with new East Vail Drainage Master Plan & updated rainfall
intensities
Neighborhood Road Reconstruction 1,615,701 26,893 1,588,809 - 1,588,809 1,588,809 - - 1,000,000 -
2023:$1.6M for East Vail road draining improvements, to be constructed this year. 2023 includes additional $300K for
increased construction costs for this project; 2024: Re-appropriate funds for Meadow Dr culvert lining project,
culvert replacement on Black Gore Dr, design for drainage improvements at Meadow Dr/Meadow Ln ($1.6M)
2027: East Vail Road Drainage Improvements
West Lionshead Circle Crosswalk - - - - - - - 100,000 650,000 - 2026/2027: $750K for crosswalk at Lionshead place
East Vail Interchange Underpass Sidewalk - - - - - - - - 750,000 -
2027: Request from the Planning and Environmental Commission to construct a pedestrian sidewalk beneath the East
Vail interchange; pedestrian count study at the underpass is recommended to be completed before the start of this
project. Project deferred from 2020 to 2027; 2027: Request from the Planning and Environmental Commission to
construct a pedestrian sidewalk beneath the East Vail interchange; pedestrian count study at the underpass is
recommended to be completed before the start of this project. Project deferred from 2020 to 2027
Vail Village Streetscape/Snowmelt Repair 1,433,961 1,433,961 - 1,500,000 1,433,961 2,933,961 - 1,250,000 - - 2024 - 2026: Replacement of 18 yr. old streetscape and snowmelt infrastructure (piping) in Vail Village; Re-appropriate
funds for ongoing Vail Village Streetscape/Snowmelt repair ($1.4M)
Vail Road Sidewalk Construction - - - - - - 100,000 1,000,000 - - 2025: Sidewalk construction on Vail Rd. between Beaver Damn and Forest Rd. ; 2025/2026: Sidewalk construction on
Vail Rd. between Beaver Dam and Forest Rd.
East Mill Creek Culvert Replacement - - - - - - - - 100,000 1,000,000 2025: Replace the metal pipe culvert from Vail Valley drive from Gold Peak to Manor Vail; 2027/2028: Replace the metal
pipe culvert from Vail Valley drive from Gold Peak to Manor Vail
Sandstone Creek Culvert Replacement at Vail View - - - - - - - - 100,000 1,000,000 2025: Replace the metal pipe culvert at Sandstone Creek and Vail View Drive; 2027/2028: Replace the metal pipe
culvert at Sandstone Creek and Vail View Drive
Lionshead Streetscape/Snowmelt Replacement (VRA)1,500,000 496,604 1,003,396 - 250,000 250,000 - - - - 2023: Replacement of 18 yr. old streetscape and snowmelt infrastructure in Lionshead; 2024: Re-appropriate funds
for the completion of 18 yr. old streetscape and snowmelt infrastructure replacement ($250k)
Total Road and Bridge 10,055,657 4,424,920 5,630,737 3,215,000 6,292,962 9,507,962 1,975,000 6,773,000 4,137,000 4,225,000
Technology
Town-wide camera system 30,000 30,000 - 30,000 - 30,000 50,000 50,000 25,000 25,000 $30K Annual maintenance; 2024-2028: Annual maintenance
Audio-Visual capital maintenance 155,000 153,891 1,109 150,000 - 150,000 100,000 50,000 50,000 50,000
2023: Update of Council Chambers, Grandview/Library/Community room/Donovan A/V systems; Annual maintenance /
replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH
Welcome Center; Replacement cycle every 3-5 years
Cybersecurity 150,000 120,238 29,762 125,000 - 125,000 125,000 125,000 125,000 125,000
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;
Annual 'Investment in cybersecurity, to keep up with the ongoing changes that are required to maintain a safe and
secure computing environment (previously budgeted in software licensing) - $125k
Software Licensing 905,000 734,771 170,229 865,000 - 865,000 890,950 917,679 945,209 973,565
2023: Building OS Software $30K. Annual software licensing and support for town wide systems; $150K adjustment due
to new government accounting statement for subscription based technology agreements; Annual software licensing and
support for town wide systems (3% Annual Increase)
Hardware Purchases 75,000 71,626 3,374 75,000 - 75,000 85,000 85,000 85,000 85,000 2023:$75K for workstation replacements (20-25 per year); 2024-2028: Workstation replacements (20-25 per year)
Website and e-commerce 65,000 62,744 2,256 70,000 - 70,000 67,500 157,500 67,500 67,500
2023: Annual website maintenance ($60K); Expanded website development support ($5K); 2024-2028: Annual website
maintenance ($60K); 2024: New Website ADA Compliance Tool Implementation ($10K); 2025-2028: Website ADA
Compliance Tool Continuation ($7,500); 2026: Placeholder to reevaluate current system and assess the need to
upgrade ($90k)
Fiber Optics / Cabling Systems in Buildings 953,549 357,923 595,626 50,000 745,626 795,626 50,000 50,000 50,000 50,000
2023: $528.5K for project implementation; $100K Repair, maintain & upgrade cabling/network Infrastructure $50K;
$325K increase in boring and trenching contract costs; 2024-2028: Repair, maintain & upgrade cabling/network
Infrastructure ($50K); 2024: Re-appropriate funds towards ongoing construction costs for network upgrade
($595.6K); Increase for higher than expected engineering costs ($150K)
Network upgrades 65,000 60,068 4,932 150,000 - 150,000 150,000 125,000 50,000 50,000 Computer network systems - replacement cycle every 3-5 years ($50K); Additional labor costs related to network
replacement ($15K); Annual Computer network systems - replacement cycle every 3-5 years
Data Center (Computer Rooms)160,000 159,197 803 150,000 - 150,000 150,000 150,000 150,000 150,000 2023: $150K data center maint; Additional server processor required maintenance ($10K); 2024-2028: $150K data
center maint
Data Center equipment replacement - - - 1,750,000 - 1,750,000 - - - - 2024: Replacement of data center main stacks ($1.75M)
Broadband (THOR)110,000 106,399 3,601 110,000 - 110,000 125,000 125,000 125,000 125,000 2024-2028: Annual Broadband Expenses
Phone System 100,000 58,016 41,984 - - - - - - - 2023: Avaya phone system upgrade/replacement ($100K)
13
145
Includes New Request
Variance
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Business Systems Replacement 125,000 - 125,000 -90,000 90,000 30,000 100,000 30,000 -
2023: Re-appropriate $55K for HR Performance mgmt. system; 2023: Placeholder for Budget Software ($40K); $30K
every other year for parking system upgrades; 2024: Re-appropriate funds for HR performance management
system ($17.5K) and budget software ($40K); Budget software price increase funded with 2023 savings from
other business systems ($32.5K) 2025/2027: $30K every other year for parking system upgrades; 2026: Placeholder
for Business System Replacements ($100k)
Total Technology 2,893,549 1,914,875 978,675 3,525,000 835,626 4,360,626 1,823,450 1,935,179 1,702,709 1,701,065
-
Public Safety -
Public Safety System / Records Mgmt. System (RMS) - - - - - - 660,000 - - - Town's portion of Dispatch Records Management system
Public Safety IT Equipment 150,000 27,174 122,826 40,000 - 40,000 35,000 35,000 35,000 35,000
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; ; Annual
Maintenance/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push
information to TOV and other agencies;
Public Safety Equipment 486,058 394,336 91,722 140,600 48,363 188,963 140,600 117,000 117,000 117,000
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. Acquisition of two police K9s ($41K) and associated
vehicle modifications ($7k) Purchase of two sniper rifles for the SOU ($20K); Axon body camera system ($125K in 2024-
2025; $102K in 2026-2028); Flock LPR Cameras ($15K annually); 2024: Reappropriate Acquisition of two police
K9s ($41.0K) and associated vehicle modifications ($7.4k)
Terradyne Public Safety Vehicle - - - 145,000 - 145,000 - - - - 2024: $145,000 for the Town of Vail contribution towards the acquisition of a terradyne armored vehicle by the Eagle
County Special Operations Unit (Maintenance cost to be funded by the Town of Avon)
Fire Safety Equipment 15,000 8,120 6,880 - - - 45,000 51,000 368,000 230,000
2023: Re-appropriate backordered equipment, $15K; 2025: $45K knox box system replacement/upgrade; 2026: $16K
drone expansion; $35K Extrication Equipment; 2027: Self Contained Breathing Apparatus Replacement ($368k); 2028:
Heavy Hydraulic Extrication Equipment Replacement ($130K); Special Rescue Trailer Replacement ($50K); Fire Hose
Replacement ($50K)
Thermal Imaging Cameras 12,000 9,208 2,792 - - - - 15,000 - 15,860 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness,
or heat barriers; 2026/2028: Placeholders for thermal camera replacement ($15K)
Event Equipment 100,295 99,338 957 - 6,007 6,007 - - - -
2023: Après event tent $12K funded by transfer from Marketing Fund. Event trailer and moveable barricades to provide
barriers for vehicle entry into event areas. $88k for the purchase of "Santa's Village" funded by a transfer from the
marketing fund; 2024: Purchase of additional storage container for Santa's Village ($6.0K)
Radio Equipment replacement/expansion - - - 720,000 (720,000) - 1,020,000 - - - Replacements of radios for PW, PD and Fire (approximately every 5 years); 2024: Defer fire department radio
replacement to 2025
Fire Truck Replacement 2,267,162 1,480,125 787,037 - 787,037 787,037 - - 1,030,000 -
2023:$1.7M for ladder truck replacement under contract. 2023: Type III Truck (heavy wildland engine); 2024: Re-
appropriate remaining costs for Type 3 Engine Upfitting ($19.2K), Aerial Apparatus Upfitting ($760.4K) 2027: E3
Regular Fire Engine Replacement ($1.0M)
Total Public Safety 3,048,515 2,036,301 1,012,214 1,045,600 121,407 1,167,007 1,900,600 218,000 1,550,000 397,860
Community and Guest Service
Children's Garden of Learning Temporary Facility Relocation 82,165 53,807 28,358 - 28,358 28,358 - - - -
2023: Re-appropriate $82K to complete on-going east slope work; 2024: Re-appropriate $28.3K towards ongoing
gutter and heat tape repairs and replacements
Pepi's Memorial 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 250,000 171,185 78,815 - 126,815 126,815 - - - -
2023: $250K Capital asset purchases to support the loading and delivery program; 2024: Re-appropriate capital
asset purchases for the loading & delivery programs ($78.8K); Shift funds from bollard project to loading and
delivery ($45.0K); Additional Funds for capital asset purchases ($46.0K); Additional funds for extended
warranty on vehicles ($3.0K); 2024 includes 3 club car purchases, in addition to the four purchased in 2023
Energy Enhancements 170,912 109,282 61,630 52,500 61,630 114,130 110,000 138,000 264,000 200,000
2023: $18.9K for EV Charging infrastructure; $40K Installation of EV stations to meet increased demand. There is
potential for grants to offset the initial capital cost of the equipment and installation; 800-amp electrical upgrades for EV-
charging capability and four electric vehicle chargers at Public Works Shops ($82K).; 2024-2028: Installation of EV
stations to meet increased demand. There is potential for grants to offset the initial capital cost of the equipment and
installation; 2024: Re-appropriate funds for Public Works Shop EV Chargers and electrical service upgrade
($61.6K)
Pedestrian Safety Enhancements 366,213 - 366,213 - 366,213 366,213 200,000 2,000,000 - -
2023: $16K for lighting crossing at Safeway; $350K Construction of RRFB Pedestrian Crossing at Safeway; 2024: Re-
appropriate $16K for lighting crossing at Safeway; $350K Construction of RRFB Pedestrian Crossing at
Safeway; 2025/2026 Pedestrian Improvements through Main Vail Underpass
Bollard Installation Project 650,000 121,464 528,536 - 483,536 483,536 - - -
g g ( )
by $250K MMOF Grant in 2023; Re-appropriate funds for ongoing bollard installation project less $45K in funds
shifted to loading and delivery project ($483.5K)
Civic Area Redevelopment- Dobson 5,057,000 1,156,835 3,900,165 - 3,900,165 3,900,165 50,350,000 - - - 2024: Re-appropriate funds for ongoing Dobson Redevelopment project ($3.9M); 2025: Placeholder for Civic Area
Redevelopment / Dobson
Underground Utility improvements 2,500,000 12,162 2,487,838 1,700,000 2,487,838 4,187,838 - - - -
2023: Underground HCE from Main Vail to East Vail in conjunction with fiber conduit ($2.5M); 2024: Underground HCE
from Main Vail to East Vail in conjunction with fiber conduit ($1.7M) offset by reimbursement above; Re-appropriate
unspent 2023 funds towards project ($2.5M)
Guest Services Enhancements/Wayfinding 902,907 143,491 759,416 - 759,416 759,416 - 800,000 1,200,000 1,200,000
2023: $153K to for wayfinding sign project, final vendor decision pending; Updated Parking and Transit signage
($749K); 2024: Re-appropriate funds to complete wayfinding signs project ($8.1K); Re-appropriate ongoing
parking and transit signage update project ($751.3K); 2026: VMS Replacements; 2027: Updated Wayfinding
Signage Program
14
146
Includes New Request
Variance
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
Electric Vehicle Pilot Program 127,500 48,885 78,615 - 78,615 78,615 - - - -
2023:$7.5k towards electric vehicle purchases, offset by Tesla rebate (corresponding reimbursement above). 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. 2024: Re-appropriate purchase of Ford F150
lightning for pilot testing.
Vehicle Expansion 641,418 261,770 379,648 133,000 193,815 326,815 - 60,000 - -
2023: Re-appropriate $139K for 2 PD expansion cars, due to order timing; $26K increase in cost for 2 PD Cars. 2023: 5
PD take-home vehicles ($342); Parking Department Nissan Leaf ($33K); Final 2 vehicles for PD take-home program
budgeted in 2024 but requested to order in 2023; 2024: 2 PD take-home vehicles, final stage of program implementation
($133k); 2026: Additional Vehicle for Deputy Chief of Community Risk Reduction Position ($60k)
Total Community and Guest Service 10,754,115 2,078,881 8,675,234 1,885,500 8,486,401 10,371,901 50,660,000 2,998,000 1,464,000 1,400,000
Total Expenditures 50,141,378 16,957,021 33,184,356 17,390,600 31,818,728 49,209,328 63,008,850 18,815,763 16,980,140 15,006,300
Other Financing Sources (Uses)
Debt Service Payment (1,154,784) (1,156,034) (1,250) (1,158,592) - (1,158,592) (1,157,048) (1,155,240) (1,153,620) (1,200,000) Annual Debt Payment for PW Shops; Debt Payment for PW Shops
Transfer from Vail Reinvestment Authority 7,081,546 1,966,527 (5,115,019) 200,000 4,341,623 4,541,623 14,545,870 6,233,304 6,285,961 6,527,702
2023: $4.0M placeholder for Dobson renovation; $1.5M Streetscape/Snowmelt Replacement, $1.0M Civic Area Plan,
$20K Lionshead parking Landscaping, $235K to complete Frontage Rd Improvements ($250K less $15K reimbursement
from Vail Health), $82K to complete CGL boulder wall; 2024: Lionshead Parking Structure Maintenance ($200K); 2024:
Re-appropriate transfer from VRA for Dobson renovation ($3.8M); Children's Garden of Learning Relocation
($28.3K); Frontage Road Enhancements ($220.1K); Lionshead Streetscape/Snowmelt Repairs ($250.0K);
2025/2026: Improvements to S. Frontage Rd Medians ($200K); 2025 - 2028: Dobson
Transfer to Residences at Main Vail (6,100,444) (6,249,882) (149,438) - - - - - - - 2023: Re-appropriate transfer to Residences at Main Vail Fund for funding beyond bond proceeds and to cover annual
debt service payments; $350K increase in transfer to RMV for potential billing discrepancies; 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 (2,500,000) (2,500,000) - (2,500,000) - (2,500,000) (2,500,000) (2,500,000) (2,500,000) (2,500,000) 2023-2028: $2.5M Transfer to Housing Fund for Vail InDeed program
Transfer from Marketing Fund 100,295 99,338 (957) - 6,007 6,007 - - - - 2023: Transfer from Marketing Fund for Après Tent and Kringle Crossing Holiday Village 2024: Transfer from
Marketing fund for purchase of additional storage container for Kringle Crossing Holiday Village
Transfer from General Fund 48,363 - (48,363) - 48,363 48,363 11,000,000 - - -
2023: Transfer from Police Seizure Funds to cover K-9 acquisitions ($41K) and K9 Vehicle mods (7K); 2024: Re-
appropriate Transfer from Police Seizure Funds to cover K-9 acquisitions ($41K) and K9 Vehicle mods (7K);
2025: Transfer from General Fund towards Dobson
Transfer to General Fund - - - - - - - (5,000,000) (6,000,000) - 2026-2027: Repayment of funds to General Fund for Dobson
Total Other Financing Sources and Uses (2,525,024) (7,840,051) (5,315,027) (3,458,592) 4,395,993 937,401 21,888,822 (2,421,936) (3,367,659) 2,827,702
Revenue Over (Under) Expenditures (26,349,697) (2,290,259) (42,309,275) (841,817) (20,220,030) (21,061,847) (22,042,595) 975,323 (1,134,354) 7,580,521
Beginning Fund Balance 47,872,974 47,872,974 45,582,715 45,582,715 24,520,868 2,478,273 3,453,597 2,319,242
Ending Fund Balance 21,523,277 45,582,715 44,740,898 24,520,868 2,478,273 3,453,597 2,319,242 9,899,763
15
147
Includes New Request
Preliminary Variance Proposed
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
Revenue
Real Estate Transfer Tax 7,600,000 7,994,852$ 394,852$ 7,000,000$ -$ 7,000,000$ 7,000,000$ 7,140,000$ 7,283,000$ 7,429,000$ 2025 flat; 2026-2028 2.0% annual increase
Golf Course Lease 173,417 182,663 9,246 175,151 - 175,151 176,903 178,672 180,458 182,263
Annual lease payment from Vail Recreation District; Rent income funds the "Recreation Enhancement Account" below; 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 1,178,000 680,969 (497,031) 270,000 495,960 765,960 30,000 30,000 30,000 30,000
2023: $25K CWCB contribution for 2 Year Stream Bank Setback Project. $55K from Eagle County for wildfire mitigation;
Reappropriate $575K ERWSD reimbursement for Dowd Junction retaining wall project; ECO Trails $150K reimbursement for Dowd
Junction; $50K for shift bike program ($22K to reimburse TOV remainder for county-wide program);$22.5K CPW bear education
grant; 2024-2028: $30K lottery proceeds used annual for park projects; 2024: $240K CDPHE Grant for water quality projects;
2024: Re-appropriate Eco Trails Reimbursement for Dowd Junction ($150.0K) and remaining ERWSD Reimbursement for
Dowd Junction ($312.2K); Re-appropriate remaining CDPHE Water Quality Grant ($22.9K); Re-appropriate unused potion
of CPW Bear Education Grant ($10.8K)
Project Reimbursements 63,039 72,513 9,474 75,000 - 75,000 - - - -
2023: $50K Nature Conservancy Grant to implement fuels treatment projects; Additional Nature Conservancy Grant funds for Staff
time ($9.2K); IAFC Stay Wildfire Ready STR Preparedness program pilot reimbursement ($3.8K); 2024: Evergreen
Redevelopment Project Reimbursement for Middle Creek Restoration Fund ($75K)
Donations 71,721 71,666 (55) - - - - - - -
2023: $13.2K Re-appropriate unused East West donation for Ford Park art space; $7.5K in donations to be used for Artist in
Residency program; $3.0K in donations for Sole Power Program; Recognize $48K in donations for Booth Heights fundraising
contract
Recreation Amenity Fees 10,000 5,858 (4,142) 10,000 - 10,000 10,000 10,000 10,000 10,000 $10K annually
Bag Fees 79,000 55,781 (23,219) 50,000 47,800 97,800 50,000 50,000 50,000 50,000
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; Utilize $9.0K of bag fee towards recycling center catwalk replacement; 2024: Re-appropriate
utilization of bag fee towards recycling center catwalk replacement ($9.0K); Utilize bag fees for Zero Hero Waste Program
($38.8K)
Earnings on Investments and Other 625,071 1,053,941 428,870 68,667 - 68,667 210,849 54,391 36,555 31,760 2023 0.4% interest rate assumed; Increase earnings on investments based on YTD earnings ($585K); Utilize additional $20.9K of
bag fee for hard to recycle tents; 2024-2028: 0.7% return assumed
Total Revenue 9,800,248 10,118,243 317,995 7,648,818 543,760 8,192,578 7,477,752 7,463,063 7,590,013 7,733,023
Expenditures
Management Fee to General Fund (5%)380,000 399,743 (19,743) 350,000 - 350,000 350,000 357,000 364,150 371,450 5% of RETT Collections - fee remitted to the General Fund for administration; Increase based on YTD collections ($30K); 5% of
RETT Collections - fee remitted to the General Fund for administration
Wildland
Forest Health Management 698,020 516,862 181,158 695,415 - 695,415 730,186 766,695 805,030 845,281 2023: Wildland Operations; 2023 includes Nature Conservancy Fuels Reduction ($50K)
Wildland Fire Equipment - - - - - - - 13,000 53,800 2027: Wildland hose ($13.0K); 2028: VHF radio replacement ($53.8K)
Wildfire Mitigation 75,000 1,490 73,510 10,000 - 10,000 10,000 10,000 10,000 10,000
2023: $55K mitigation paid for by Eagle County; $20K annually to support wildfire mitigation projects as identified in the 2020 Vail
Community Wildfire Protection Plan; 2024-2028: $10K annually to support wildfire mitigation projects as identified in the 2020 Vail
Community Wildfire Protection Plan
NEPA for East Vail Hazardous Fuels Reduction 70,000 46,277 23,723 - - - - - - - 2023: $70K NEPA hazardous fuels reduction on USFS lands from East Vail to Red Sandstone Road
Nature Conservancy Fuels Reduction 59,158 48,000 11,158 - - - - - - - $50K to implement fuels treatment projects reimbursed by a Nature Conservancy grant; Use savings from grant funds towards
wildland PPE ($9.2K)
Short-Term Rental Preparedness Pilot Program 3,881 2,944 937 - - - - - - - 2023: $3.8K for short-term rental wildfire preparedness pilot program, reimbursed by IAFC Stay Wildfire Ready grant
Fire Free Five - Rebate Program 255,000 181,811 73,189 100,000 73,189 173,189 100,000 - - -
2023: $255K 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 of this will be used to create publication to assist homeowners with
implementation; 2024-2025: $100K 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; 2024: Re-appropriate remaining
funds towards ongoing Fire Free Five rebate program ($73.2K)
Wildland Fire Shelter - - - 17,500 - 17,500 - 17,000 - - 2024: Wildland shelter safety device; 2026: Placeholder for wildland shelter safety
Fire Free Five - TOV Implementation 195,617 105,321 90,296 50,000 30,000 80,000 - - - - 2023: $195K Fire Free Five implementation at TOV facilities; 2024: $50K Continuation of Fire Free Five at TOV facilities; Re-
appropriate $30K towards ongoing Fire Free Five projects
Total Wildland 1,356,676 902,705 453,971 872,915 103,189 976,104 840,186 793,695 828,030 909,081
Parks
Annual Park and Landscape Maintenance 2,332,655 1,873,720 458,935 2,377,001 - 2,377,001 2,402,635 2,448,311 2,474,714 2,521,760
2023: $73.1K transfer from GF for compensation study adjustments; $25k transfer from street furniture project to purchase flower
planters. Ongoing path, park and open space maintenance, project mgmt.; Annual: Ongoing path, park and open space
maintenance, project mgmt. Includes trail host program ($20K)
Park / Playground Capital Maintenance 178,747 116,278 62,469 179,000 40,000 219,000 186,500 169,000 170,000 169,000
2023: 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; 2024: Re-appropriate funds towards
improvements of deteriorating wooden structures at Sunbird Park ($40.0K)
Pepi's Plaza 102,000 85,110 16,890 - - - - - - - 2023: $102K Pepi's Tribute
Fountain Repairs 50,000 16,503 33,497 - - - - - - - 2023: Children's Fountain Water Quality
Mayors Park Capital Maintenance 2,500 - 2,500 - - - - - - - 2023: Re-appropriate $2.5K to replace drinking fountain at Mayors Park
Tree Maintenance 56,253 38,381 17,872 125,000 - 125,000 85,000 85,000 85,000 85,000 Annual on going pest control, tree removal and replacements in stream tract, open space, and park areas
Street Furniture Replacement 77,009 4,987 72,022 35,000 72,000 107,000 35,000 35,000 35,000 35,000 2023: $77K to replace blue Covid picnic tables with a more aesthetically pleasing option; 2024: $72K to replace blue Covid
picnic tables with a more aesthetically pleasing option
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
16
148
Includes New Request
Preliminary Variance Proposed
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Village Art Landscape Enhancements 179,364 31,036 148,328 - 25,000 25,000 - - - -
2023:$119.4K for landscape enhancements to areas around the 10th Mtn. Statute and Covered bridge areas; 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); 2024: Re-appropriate funds for the planting bed at Squash Blossom on Bridge Street ($25K)
Stephens Park Safety Improvements 15,000 10,096 4,904 - 4,904 4,904 - - - - 2023: $15K playground equipment; 2024: Re-appropriate funds for remaining equipment cost ($4.9K)
Ford Park Master Plan 168,792 168,483 309 - - - - - - - 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 116,507 53,727 62,780 - 50,000 50,000 - - - -
2023: $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; 2024: Re-
appropriate funds towards grading and landscape final touch up at streamwalk entrance and guardrail ($50.0K)
Ford Park Enhancement: Priority 3 Landscape area 5,946 - 5,946 - 5,946 5,946 - - - - 2023: Re-appropriate $5.9K for landscaping at the Nature Center bridge; 2024: Re-appropriate $5.9K towards on-going
landscape repairs and plant material replacement
Ford Park Playground Improvements 243,361 13,558 229,804 268,000 229,804 497,804 - 300,000 - -
2023: $243K 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; 2024: Completion of safety improvements to the Ford Park play area; Re-
appropriate $229.8K to go towards safety improvements at Ford Park playground
Ford Park Picnic Shelter - - - - - - - 350,000 - - 2026: Replace Ford Park picnic shelter
Ford Park Master Plan Capital Design - - - 200,000 - 200,000 - - - - 2024: Design for ADA compliant routes and Tennis Center renovation
Ford Park Lighting Control System 180,000 132,111 47,889 - - - - - - - 2023: Re-appropriate $180k to complete active contract to replace 10 yr old Ford Park lighting control system
Sunbird Park Fountain Repairs 3,430 - 3,430 - - - - - - - 2023: Re-appropriate $3.4K for final bills
Vail Transit Center Landscape 20,000 - 20,000 - - - - - - - 2023: Re-appropriate $20K for completion of landscaping at Vail transit center
Turf Grass Reduction 220,000 193,995 26,005 150,000 - 150,000 - - - -
2023: $220K continuation of turf grass reduction projects at Red Sandstone Underpass, Municipal Bldg. Frontage, and Main Vail
Perimeter Areas; 2024: Continuation of Turf Grass Reduction projects at Main Vail and West Vail Roundabouts and Municipal
Building
Kindel Park/Mill Creek 249,862 12,730 237,132 - - - - - - - 2023: Design phase Improvements to heavily worn streamtract between Hanson Ranch and Pirateship Park
Donovan Park Improvements 207,000 65,658 141,342 - 20,000 20,000 - - - 2023: $57K for relandscaping on Donovan Park parking lot islands project is under contract; $150K Replacement of play area
decks and some equipment; 2024: Re-appropriate funds to complete rock garden renovations ($20.0K)
Willow Park Drainage Improvements - - - - - - - 125,000 - - 2026: Improvements to drainage and inefficient irrigation system
Pirateship Park Improvements - - - 300,000 - 300,000 - - - - 2024: Safety improvements: replace wood siding and add climber
Donovan Park Playground Safety Improvements - - - - - - - 275,000 - - 2026: Replace decks, worn equipment , etc.
Gore Creek Promenade Rehabilitation 408,897 - 408,897 - 408,897 408,897 750,000 - - -
2023: Re-appropriate $409K 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; 2025: 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 (Deferred from 2023); 2024: Re-appropriate funds for ongoing project; design work for this project to take place in
2024 ($409K)
Lionshead Skate Park Capital Maintenance - - - - - - 50,000 - - 2025: Replacement of Lionshead skate park fencing ($50K) reimbursed by the Vail Reinvestment Authority
Slifer Fountain Feature Four Repair - - - 75,000 - 75,000 - - - - 2024: Repair plumbing leak in feature supply line in Slifer Plaza ($75k)
Buffehr Creek Park Safety Improvements - - - - - - - - - 400,000 2028: Replacement 20-yr old playground equipment with custom build deferred from 2025 to 2028
Ellefson Park Safety Improvements - - - - - - - - 350,000 - 2027: Replacement 15-yr old playground equipment with custom build (deferred from 2025 to 2027)
Total Parks 4,817,323 2,816,372 2,000,951 3,709,001 856,551 4,565,552 3,809,135 3,787,311 3,514,714 3,210,760
Rec Paths and Trails
Rec. Path Capital Maintenance 172,242 89,098 83,144 150,000 25,000 175,000 85,000 85,000 85,000 85,000 Annual Capital maintenance of the town's recreation path system ($85k); 2024: Recreation path improvements ($65k); 2024: Re-
appropriate funds towards shouldering improvements ($25K)
Recreation Path Safety Improvements - - - 75,000 - 75,000 - - - - 2024: Design of recreation path safety improvements ($75K)
Bike Safety 16,473 10,503 5,970 10,000 - 10,000 10,000 10,000 10,000 10,000 2023: $16.5K for ongoing bike signage project; $10K annual cost for bike safety programs
Bike Path Signage 48,016 1,935 46,081 - 46,081 46,081 - - - -
2023: 48K trail signage project. 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety
and wayfinding; 2024: Re-appropriate funds towards replacement of bike wayfinding signage, striping, and etiquette
signage town-wide
Pedestrian Bridge Projects 333,151 163 332,988 550,000 332,988 882,988 - - - 400,000 2023: $333K rehab of the pedestrian overpass. 2024: $550K for pedestrian overpass; Re-appropriate $333.0K for pedestrian
overpass rehab
Gore Valley Trail Reconstruction - - - - 80,000 - 80,000 - 2025/2027: Placeholders for Gore Valley Trail Maintenance
East Vail Interchange Improvements 209,443 4,900 204,543 - 204,543 204,543 - - - -
2023: Re-appropriate $209K to continue East Vail interchange project, awaiting CDOT project completion to move forward; 2024:
Re-appropriate funds for development of a landscape improvement plan due to landscaping and drainage issues
($204.6K)
Dowd Junction repairs and improvements 1,300,126 482,463 817,663 - 817,663 817,663 - - - -
2023: $1.3M 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); 2024: Re-appropriate funds for ongoing restabilitzation of Dowd Junction retaining wall ($817.7K)
Portalet Enclosures 38,000 29,870 8,130 45,000 8,130 53,130 - - - -
2023: Design and Construct screening/enclosures on trailhead port-a-lets; 2024: Continuation of 2023 project to design and
construct screening/enclosures on trailhead port-a-lets; Re-appropriate funds for installation of screens received in 2023
($8.1K)
Booth Lake Trailhead Parking Restroom 194,667 175,921 18,746 - 2,500 2,500 - - - - 2023: Re-appropriate $195K for ongoing Installation of permanent restroom at Booth Lake trailhead for hikers; to be completed in
spring '23; 2024: Re-appropriate funds for final landscaping costs ($2.5K)
17
149
Includes New Request
Preliminary Variance Proposed
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Total Rec Paths and Trails 2,312,118 794,852 1,517,266 830,000 1,436,905 2,266,905 175,000 95,000 175,000 745,000
Recreational Facilities
Golden Peak Pickleball Sound Barriers 23,500 22,002 1,498 - 1,498 1,498 - - - - 2023: Install Acoustic blocking panels on north and west fence sections; 2024: Re-appropriate funds for purchase of remaining
panels ($1.5K)
Nature Center Operations 109,373 111,290 (1,918) 112,654 - 112,654 116,033 119,514 121,905 124,343 Nature Center operating costs(Contract with Walking Mountains)
Nature Center Capital Maintenance - - - 8,064 - 8,064 26,291 4,990 14,098 - 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; 2024: Re-appropriate $383.5K for further planning and design for a nature center remodel; Nature Center
Construction is currently unfunded
Total Recreational Facilities 516,395 133,292 383,102 120,718 385,020 505,738 142,324 124,504 136,003 124,343
Environmental
Environmental Sustainability 785,888 782,353 3,536 824,626 (13,500) 811,126 865,857 909,150 975,608 1,002,338
2023: $18.2K Transfer from GF for compensation study adjustments. 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; Use $20.9K additional bag fee funds for hard to recycle events; 2024: Annual
operating expenditures for Environmental department (4.25 FTEs); includes $50K for Clean up day, professional dues to
organizations such as CC4CA, Climate Action Collaborative, etc.; $14k sustainability intern, $14K Waste Education intern; $14K
Water Quality Intern; 2024: Eliminate one intern position and use savings towards a transfer to General Fund to increase
budget and scope of Destination Stewardship Management Plan ($13.5K reduction)
Recycling and Waste Reduction Programs 301,000 167,288 133,712 95,500 104,900 200,400 100,275 105,289 110,553 116,081
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; 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); Use $15K bag fee collections for waste intern, reusable bags and market compost program. Re-appropriate
$20.3K for pilot compost program; 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); Use recycling center haul savings towards recycling center catwalk replacement
($7.5K); 2024: Continue Compost Residential Expansion ($15k); Love Vail Website ($8k); Recycling and Composting Hauls to
Eagle County ($25k); Recycling Compliance and Education ($7.5k); Actively Green ($40k); Re-appropriate funds towards
business compost program funds ($24.0K), residential compost program funds ($24.0K), and ball cup program funds
($12.1K); $6.0K in additional funding for ball cup order of 12oz cups; Continuation of Zero Hero Waste program ($38.8K) -
Funded through bag fees
Recycling Center Catwalk Replacement 16,500 - 16,500 - 16,500 16,500 - - - - 2023: Catwalk replacement at recycling center ($16.5K) - Funded by $9K of bag fees and $7.5K of recycling center haul savings;
2024: Re-appropriate catwalk replacement at recycling center ($16.5K) - Funded with $9K of bag fees
Ecosystem Health 581,000 169,033 411,967 234,017 375,000 609,017 235,218 246,979 259,328 272,294
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);
2024: CC4CA Retreat Host Community ($18k); Open Lands Plan Implementation ($32k); Strategic Plan Rollout / Completion
($10k); Sustainable Destination Recertification & Fees ($20k); Sustainable Destination Reporting, Travel, Program ($25k); USFS
Front Ranger Program ($29k); Wildlife Habitat Improvements, Wildlife Forum ($100k); Re-appropriate funds towards Dowd
Junction Safe Passage Study partnership with CDOT ($175.0K), wildlife habitat improvements ($100.0K), biodiversity
study ($50.0K), and ongoing Protect Wildlife bear campaign ($36.8K); additional funds for ongoing Protect Wildlife bear
campaign ($13.2K)
Energy & Transportation 106,500 105,730 770 122,500 15,000 137,500 102,375 107,494 112,868 118,512
2023: $10K Requested for Snowmelt feasibility study to use recaptured energy. Request to expand scope for solar study $10k.
2024-2028: Energy Smarts ($40K); Sole Power ($5K); Sole Power App ($50K); Greenhouse Gas Inventory ($25K); Energy-related
education and outreach ($2.5K); 2024: Car share feasibility study ($15.0K)
E-Bike Programs 305,185 288,532 16,653 243,000 - 243,000 255,150 267,908 281,303 295,368 2023: $4.2k to replace stolen Ebike for essentials bikes. Ebike grant funds allocated to Eagle County organizations for shift bike
program $28K;: E-Bike Share$225K; E-Bike Ownership program ($18K); $15K for E-Bike Rebate program
E-Bike Share Infrastructure 54,000 39,289 14,711 - 14,711 14,711 - - - - E-Bike Share Infrastructure- Gravel pads and bike racks; 2024: Re-appropriate funds for additional gravel pads and bike racks
($14.7K)
Streamtract Education/Mitigation 56,452 35,691 20,761 30,000 - 30,000 30,000 30,000 30,000 30,000
2023: Re-appropriate $5.9K for continuation of "ten feet for the creek" campaign, $500 reimbursement for sustainable landscape;
2024 - 2028: Annual streamtract education programming such as "Lunch with Locals" landscape workshops ($50k), City Nature
Challenge and storm drain art
Water Quality Infrastructure 1,721,064 604,993 1,116,071 - 195,007 195,007 - - - - 2023: Re-appropriate $1.9M for water quality infrastructure; 2024: Re-appropriate funds for ongoing water quality
infrastructure project ($195.0K)
Water Quality Maintenance 150,000 90,139 59,861 285,000 - 285,000 216,300 222,789 229,473 236,357 2024-2028: Annual cleaning and draining of frog gutter bins ($150k) and water quality vaults ($60k); 2024: Placeholder for updated
water quality study ($75K)
Streambank Mitigation 147,983 40,807 107,176 - 35,000 35,000 - - - - 2024: Re-appropriate funds for streambank planting project ($35K)
18
150
Includes New Request
Preliminary Variance Proposed
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Middle Creek Restoration Fund - - - 75,000 - 75,000 - - - - 2024: The Evergreen redevelopment project is required to provide a restoration plan for Middle Creek. The property is owned by
the Town of Vail. The Town will fund the restoration plan and be reimbursed by the developer (reimbursement included above)
Private Streambank Mitigation Program 118,208 52,579 65,629 80,000 - 80,000 50,000 50,000 50,000 50,000 2023: Re-appropriate to continue private streambank mitigation program $118K; 2024 - 2028: Private Streambank Mitigation
Program
Booth Heights Open Space 17,691,985 48,000 17,643,985 - 18,778,754 18,778,754 - - - -
2023: Re-appropriate offer to Vail Resorts for the purchase of the Booth Heights Parcel ($12M); $5.5M increase in acquisition cost
of Booth Heights transferred from GF; $24K for fundraising contract; Increase in acquisition cost ($124K) and Open Space
Fundraising Cost ($24K); 2024: Re-appropriate acquisition of Booth Heights parcel for open space ($17.6M); Increase
acquisition cost for additional legal fees ($1.1M)
Gore Creek Interpretive Signage 310,150 119,985 190,165 - 222,165 222,165 - - - -
2023: $310K watershed map and installation at the Gore Creek Promenade;2024: Re-appropriate funds towards ongoing
project ($190.5K); New request of $32K for Gore Creek signage using savings from the 2023 streambank restoration
project for increased costs
Energy Efficiency Performance Contract - - - 150,000 - 150,000 - - - - 2024: Placeholder for an energy audit to facilitate an Energy Efficiency Performance Contract.
Total Environmental 22,345,915 2,544,418 19,801,497 2,139,643 19,743,537 21,883,180 1,855,175 2,089,608 2,049,133 2,120,950
Art
Public Art - Operating 181,020 179,859 1,160 188,525 - 188,525 197,951 207,849 218,241 229,153 2023: includes $7.5K for Artist in Residency consultant from donations; 2024 - 2028: Art in Public Places programming and
operations
Public Art - General program / art 435,167 32,000 403,167 60,000 34,470 94,470 60,000 60,000 60,000 60,000
2023: $435K to purchase sculptures, artwork, art programs and events; the remainder is re-appropriated each year to accumulate
enough funds; 2024: Re-appropriate funds to purchase sculptures, artwork, art programs and events ($394.5K); Utilize
funds for Art Space Studio construction ($360K); 2024-2028: Annual funds purchase sculptures, artwork, art programs and
events; remainder is re-appropriated each year to accumulate enough funds. ($60k)
Public Art - Winterfest 89,885 40,502 49,383 30,000 49,383 79,383 30,000 30,000 30,000 30,000 2023: Re-appropriate $60K for annual Winterfest program; 2024: Re-appropriate donated funds towards 2024 Winterfest
program; 2024-2028: $30K Winterfest budget.
Seibert Memorial Statue- Maintenance 12,192 500 11,692 - 11,692 11,692 - - - - 2023: Reappropriate $12.7K for Pete Seibert Memorial statue maintenance; 2024: Re-appropriate donated funds towards
upkeep of sculpture ($11.7K)
Art Space 863,048 102,673 760,375 - 1,420,375 1,420,375 - - - -
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; 2024: Re-appropriate funds
towards construction of Art Space Studio in Ford Park ($760.4K); $660K cost increase funded by $360K of General
Program Art Funds and $300K of 2023 RETT savings
Artist In Residency - Operating - - - 30,000 - 30,000 62,500 62,500 62,500 62,500 2024 - 2028: Operating costs for artist in residency program utilizing the new Art Space
Artist In Residency - Capital Art Acquisitions - - - 20,000 - 20,000 37,500 37,500 37,500 37,500 2024 - 2028: Capital art acquisition costs associated with artist in residency program.
Total Art 1,581,312 355,534 1,225,778 328,525 1,515,920 1,844,445 387,951 397,849 408,241 419,153
Community
Council Contribution: Betty Ford Alpine Garden Support 76,888 76,888 - 79,195 - 79,195 76,142 76,142 76,142 77,665 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 42,840 42,840 42,840 43,697 Annual support of the Eagle River Watershed Council programs
Council Contribution: Trail Alliance 17,500 17,500 - 17,500 - 17,500 - - - - 2023: Adopt A Trail Council Contribution for trails in or bordering the Town; 2024: Adopt A Trail Council Contribution for trails in or
bordering the Town
Total Contributions 136,388 136,388 - 138,695 - 138,695 118,982 118,982 118,982 121,362
VRD-Managed Facilities & Maintenance
Recreation Enhancement Account 354,924 - 354,924 175,151 364,170 539,321 176,903 178,672 180,458 182,263 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance; 2024: Re-appropriate funds to be re-
invested in maintenance ($354.9K); Additional $9.3K for lease payment collected over budget
Recreation Facility Maintenance 44,000 - 44,000 22,000 - 22,000 22,000 22,000 22,000 22,000
facility maintenance
Synthetic Turf Replacement 472,000 - 472,000 - 472,000 472,000 - - - - 2023: Scheduled replacement of synthetic turf based on 7 year life expectancy; 2024: Re-appropriate funds towards synthetic
turf replacement ($472K)
Golf Clubhouse 69,890 71,114 (1,224) 13,708 (1,224) 12,484 131,323 64,060 - 58,319
2023: Re-appropriate $39K for completion of Golf Clubhouse projects. 2023: Concrete walkways ($12.4K), Drain pains/curb
gutters ($18.9K); 2023: Concrete walkways ($12.4K), Drain pains/curb gutters ($18.9K); 2024: Heat tape replacement ($13.7K);
2025: circulation pumps ($98.0K), clubhouse parking lot mill & overlay ($23.9K), clubhouse signage ($9.4K); 2026: Stucco/stone
($37.3K), wood trim ($26.8K); 2028: Clubhouse exterior door replacement ($32.2K), Clubhouse parking lot mill & overlay ($26.2K)
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; 2024: Re-appropriate $1.0M for the
replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage building.
Golf Course - Other 425,105 15,056 410,049 22,020 410,049 432,069 3,954 237,660 169,325 33,359
2023: Re-appropriate $188K for completion of golf course projects. 2023: $216K for golf course greens project; VRD shared cost
for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K); 2024: Maintenance building Gas Fired Heater ($6.5k);
Maintenance building overhead radiant heating ($12.9k); Maintenance building wood privacy fencing ($2.7k); 2024: Re-
appropriate $410K for completion of golf course projects; 2025: Maintenance building asphalt driving and parking area; 2026:
Maintenance building streambank restoration ($234.1K) exterior doors ($3.5K); 2027: Split costs: 1st hole path planking ($77.6K);
1st hole bridge planking and stone veneer ($53.4K); 2nd hole bridge planking ($14.2K), 11th hole ped bridges ($18.9K); 2028:
Maintenance building stucco ($25.2K), Maintenance building asphalt ($4.7K), Maintenance building wood privacy fencing ($3.4K)
Drainage Improvements & Fence near Golf Maintenance
Building - - - 295,410 - 295,410 - - - - 2024: Drainage and grading improvements and fence repair near golf maintenance building ($295K)
19
151
Includes New Request
Preliminary Variance Proposed
2023 2023 Favorable 1st 2024
Amended Actuals (Unfavorable)2024 Supplemental Amended 2025 2026 2027 2028
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX FUND
Dobson Ice Arena 645,734 19,339 626,395 17,336 626,395 643,731 118,815 - - -
2023: Rockwall Repairs ($12.5K), Grading and Drainage ($7.8K), brick pavers ($14K), and central Air Handlers ($10.4K); 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); 2024: Wood trim repairs ($11.3), chemical feed system repairs ($6.0K); 2025: Boiler
and circulation system ($77.2K), Water filtration issues ($27.6K); Exhaust Stacks ($3.7K); 2024: Re-appropriate funds towards
repairs not completed in 2023 ($626.4K)
Ford Park / Tennis Center Improvements 172,124 34,531 137,593 13,261 137,593 150,854 54,166 1,462,552 - -
2023: Reappropriate Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023
($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); Repair exterior doors ($9.6K); replace furnace, hot water tank,
baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K); reappropriate deferred maintenance ($46K);
2024: Furnace, hot water tank, baseboards replacement ($13.3K); Re-appropriate funds towards incomplete projects
($137.6K) 2025: Wood siding and windows ($54.2K); 2026 includes a rebuild of tennis courts, retaining walls, and court fencing
Athletic Fields 239,226 132,041 107,185 9,362 107,185 116,547 99,319 - 26,704 -
2023: Re-appropriate $239K for Grading and drainage repairs, paint wood trim, paint wood structure; 2024: Asphalt parking lot
repairs ($9.3K); Re-appropriate grading and drainage repairs ($108.2K); 2025: Asphalt parking lot ($99.3K); 2027: Asphalt
parking lot repairs ($11.1K), wood structure paint ($9.3K), wood trim, post, & beam repair ($6.2k)
Gymnastics Center 291,345 71,946 219,399 - 219,399 219,399 59,041 - - -
2023: Re-appropriate $219.4K for completion of the restroom remodel and cooling system. 2023 $20k additional costs for cooling
system; 2024: Re-appropriate ongoing repairs from 2023 ($354.9K); 2025: Furnace ($27.6K), Elevator ($27.6K); concrete stairs
and walkways (3.0K);
Total VRD-Managed Facilities & Maintenance 3,714,348 344,027 3,370,321 568,248 3,335,567 3,903,815 665,520 1,964,944 398,487 295,941
Total Expenditures 37,160,475 8,427,331 28,733,144 9,057,745 27,376,689 36,434,434 8,344,273 9,728,893 7,992,739 8,318,040
Other Financing Sources (Uses)
Transfer from/(to) General Fund for Booth Heights 5,643,985 - 5,643,985 (282,199) 5,643,985 5,361,786 (282,199) (282,199) (282,199) (282,199) Payback of funds for Booth Heights acquisition costs over 20 years, 2024-2043 - $5.64M; 2024: Re-appropriate transfer of a
loan from the General Fund for the acquisition of the Booth Heights Parcel ($5.6M)
Transfer from/(to) General Fund for Salary Adjustments 197,660 197,660 - - - - - - - -
Transfer from/(to) General Fund - Other - - - - (13,500) (13,500) - - - - 2024: Transfer to General Fund for increase in budget and scope of Destination Stewardship Management Plan
Revenue Over (Under) Expenditures (21,518,582) 1,888,572 (1,691,126) (21,202,444) (22,893,570) (1,148,721) (2,548,029) (684,925) (867,216)
Beginning Fund Balance 29,923,875 29,923,875 31,812,446 31,812,446 8,918,876 7,770,156 5,222,126 4,537,202
Ending Fund Balance 8,405,293$ 31,812,446$ 30,121,320$ 8,918,876$ 7,770,156$ 5,222,126$ 4,537,202$ 3,669,986$
20
152
TOWN OF VAIL PROPOSED AMENDED 2024 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
Preliminary Proposed
2023 2023 Variance 2024 1st 2024
Amended Actuals Fav/(Unfav)Budget Supplemental Amended
Revenue
Housing Sales Tax 4,858,410$ 5,074,175$ 215,765$ 4,950,000$ 4,950,000$
Housing Fee in Lieu Annual Collections 17,104 17,104 -
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 1,054,000 385,169 (668,831) 475,000 475,000 Reappropriate Pitkin Creek unit sale at lower
price (sold in March 2024)
Housing Late Fees 4,000 4,000
Project Reimbursements 1,000,000 1,000,000 -
Earnings on Investments 291,801 291,801
Total Revenue 10,629,514 10,472,248 (157,265) 7,450,000 475,000 7,925,000
Expenditures
Housing Programs
InDeed Program 1,212,089 532,000 680,089 2,500,000 680,089 3,180,089 Reappropriate $680.1K for Vail InDEED
Buy Down Housing 89,787 89,787 106,891 106,891 Reappropriate $89.8K buydown funds; add
$17.1K for 2023 fee in lieu collections
Future Purchases 1,500,000 1,500,000 1,500,000 1,500,000 Re-appropriate $1.5M placeholder for housing
purchases.
Pitkin Creek 14A unit 775,000 776,989 (1,989) 4,000 4,000 $4K for utility bills while owned before unit
sale
Construction Housing Projects
Timber Ridge Redevelopment 195,000 114,080 80,920 80,920 80,920
Re-appropriate $80.9K for planning
expenditures and misc. TR redevelopment
expenditures
W . Middle Creek Development 4,400,000 507,954 3,892,046 3,892,046 3,892,046 Re-appropriate Predevelopment costs for
Middle Creek
W . Middle Creek Development Legal Fees Contingency 50,000 50,000
Allocate $50K placeholder for Middle Creek
development legal fees
Residences at Main Vail Opportunity Fee 2,000,000 2,000,000 -
Land Purchases for future Housing
CDOT Parcel Acquisition Placeholder 7,635,000 7,635,000 5,920,000 5,920,000 Re-appropriate $5.9M for acquisition of
CDOT parcels
Eagle-Vail Parcel Placeholder 50,000 50,000 50,000 50,000
Total Expenditures 17,856,876 3,931,023 13,925,853 2,500,000 12,283,946 14,733,946
Operating Income (7,227,362) 6,541,226 13,768,588 4,950,000 (11,808,946) (6,808,946)
Other Finance Sources (Uses
Transfer to Timber Ridge- Site and Podium (850,000) (850,000) - (9,000,000) (93,105) (9,093,105)
Transfer $43,105 to TR for project mgmt.;
Transfer $50K placeholder for TR legal fees
Transfer to Timber Ridge- CDOT Land Acquisition - (1,715,000) (1,715,000) Transfer to TR for CDOT parcel purchase
Transfer to Residences at Main Vail (150,000) 150,000
Total Other Finance Sources (Uses)(1,000,000) (850,000) 150,000 (9,000,000) (1,808,105) (10,808,105)
Surplus (Deficit) Net of Transfers and One-Time Items (8,227,362) 5,691,226 13,918,588 (4,050,000) (13,617,051) (17,617,051)
Beginning Fund Balance 13,099,153 13,099,153 4,521,791 18,790,379
Ending Fund Balance 4,871,791$ 18,790,379$ 471,791$ 1,173,327$
21
153
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING & SPECIAL EVENTS FUND
Preliminary Proposed
2023 2023 Variance 2024 1st 2024
Amended Actuals Fav/(Unfav)Budget Supplemental Amended
Revenue
Business Licenses 345,000$ 354,366$ 9,366$ 345,000$ 345,000$
Transfer in from General Fund 1,535,000 850,000 (685,000) 2,600,000 2,600,000
VLMD Contribution 1,200,000 1,200,000 -
Event Reimbursements/Shared Costs 100,000 100,000 -
Earnings on Investments 250 14,518 14,268 250 250
Total Revenue 3,180,250 2,518,884 (661,366) 2,945,250 - 2,945,250
Expenditures
Commission on Special Events (CSE) :4
CSE Surveys 54,000 5,620 (48,380) 54,000 54,000
Education & Enrichment 154,530 168,000 13,470 154,530 154,530
Visitor Draw 684,648 604,500 (80,148) 684,648 684,648
Recreation 75,000 103,000 28,000 75,000 75,000
Signature Events 1,035,252 757,500 (277,752) 1,095,252 1,095,252
Town Produced Events:862,727 504,383 (358,344) 801,000 (6,007) 794,993
NYE/4th of July Display 49,000 49,000 58,000 58,000
Ambient Event Funding:
Music in the Villages 142,508 131,816 (10,692) 237,978 237,978
Cultural Heritage:
National Brotherhood of Skiers 125,000 125,000 -
Other Council Funded Events:
Mikaela 87 35,000 9,514 (25,486)
Collection Fee - General Fund 17,250 17,718 468 17,250 17,250
Total Expenditures 3,185,915 2,476,051 (709,864) 3,177,658 (6,007) 3,171,651
Other Financing Sources (Uses)
Transfer to Capital Projects Fund (100,295) (99,338) 957 - (6,007) (6,007)
Revenue Over (Under) Expenditures (105,960) (56,505) 49,455 (232,408) - (232,408)
Beginning Fund Balance 416,324 416,324 359,819 359,819
Ending Fund Balance 310,364$ 359,819$ 127,411$ 127,411$
22
154
Preliminary Proposed
2023 2023 Variance 2024 1st 2024
Amended Actual Fav/(Unfav)Budget Supplemental Amended
Revenue
Town of Vail Interagency Charge 4,257,935$ 4,099,390$ (158,545)$ 4,632,943$ 6,875$ 4,639,818$
Insurance Reimbursements & Other 105,081 89,754 (15,327) 25,000 25,000
Intergovernmental Revenues -24,718 24,718 -
Earnings on Investments 39,810 99,850 60,040 1,500 1,500
Equipment Sales and Trade-ins 294,238 223,990 (70,248) 196,227 196,227
Total Revenue 4,697,064 4,537,701 (159,363) 4,855,670 6,875 4,862,545
Expenditures
Salaries & Benefits 1,403,973 1,247,434 156,539 1,440,075 1,440,075
Operating, Maintenance & Contracts 2,140,913 1,856,431 284,482 2,169,796 2,169,796
Capital Outlay 2,722,245 1,238,657 1,483,588 1,501,976 1,227,546 2,729,522
Total Expenditures 6,267,131 4,342,522 1,924,609 5,111,847 1,227,546 6,339,393
Revenue Over (Under) Expenditures (1,570,067) 195,179 (2,083,972) (256,177) (1,220,671) (1,476,848)
Transfer In from General Fund 59,652 59,652 - - - -
Beginning Fund Balance 1,919,624 1,919,624 769,030 2,174,455
Ending Fund Balance 409,209$ 2,174,455$ 512,853$ 697,607$
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
23
155
Preliminary
2023 2023 Variance 2024
Budget Actual Fav/(Unfav)Budget
Revenue
Town of Vail Interagency Charge - Premiums 4,748,921$ 5,356,265$ 607,344$ 4,398,910$
Employee Contributions 963,081 950,154 (12,927) 911,864
Insurer Proceeds 30,000 3,432 (26,568) 530,000
Earnings on Investments 15,000 266,206 251,206 75,000
Total Revenue 5,757,002 6,576,057 819,055 5,915,774
Expenditures
Health Insurance Premiums 1,690,000 1,560,589 129,411 901,760
Claims Paid 4,597,739 4,240,141 357,598 5,093,407
Wellness Bonus 78,000 78,000 - 109,000
Professional Fees 118,820 59,355 59,465 110,000
Total Expenditures 6,484,559 5,938,085 546,474 6,214,167
Revenue Over (Under) Expenditures (727,557) 637,972 272,582 (298,393)
Beginning Fund Balance 5,103,362 5,103,362 5,741,334
Ending Fund Balance 4,375,805$ 5,741,334$ 5,442,941$
HEALTH INSURANCE FUND
TOWN OF VAIL 2024 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
24
156
Preliminary
2023 2023 Variance 2024
Amended Actual Fav/(Unfav)Budget
Revenue
E911 Board Revenue 1,067,535$ 1,067,535$ -$ 1,167,993$
Interagency Charges 1,444,427 1,442,641 (1,786) 1,598,162
Other County Revenues 103,000 103,000 -
Town of Vail Interagency Charge 669,317 669,317 -691,448
Earnings on Investments and Other 50,658 127,843 77,185 5,000
Total Revenue 3,334,937 3,410,336 75,399 3,462,603
Expenditures
Salaries & Benefits 2,836,672 2,575,960 260,712 2,867,907
Operating, Maintenance & Contracts 593,611 564,967 -613,342
Capital Outlay 192,528 85,145 107,383
Total Expenditures 3,622,811 3,226,071 368,095 3,481,249
Revenue Over (Under) Expenditures (287,874) 184,265 (292,696) (18,646)
Transfer In from General Fund 154,037 154,037 -
Beginning Fund Balance 2,017,328 2,017,328 2,355,630
Ending Fund Balance 1,883,491$ 2,355,630$ 2,336,984$
TOWN OF VAIL 2024 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
25
157
Proposed
2023 2024
Amended 2023 Variance 2024 1st Amended
Budget Actuals Fav/(Unfav)Budget Supplemental Budget
Revenue
Rental Income 428,931$ 463,945$ 35,014$ 1,721,300$ 1,721,300$
Other Income 29,000 75,769 46,769 124,230 124,230
Project Reimbursements 3,312 3,312 - -
Investment Earnings 155,967 197,916 41,949 500 500
Total Revenue 613,898 740,943 127,045 1,846,030 - 1,846,030
Expenses
Operating, Maintenance & Contracts 325,494 294,820 30,674 567,994 567,994
Capital Outlay- Triumph -51,639 51,639
Capital Outlay- RMV Constrcution 14,957,038 14,895,019 62,019 62,019 62,019
Total Expenditures 15,282,532 15,189,839 92,693 619,633 62,019 681,652
Revenue Over Expenses (14,668,634) (14,448,896) 34,351 1,226,397 (62,019) 1,164,378
Other Financing Sources (Uses)
Fiscal Agent fees (3,000) (3,500) (500)(3,000)(3,000)
Principal Repayment (415,000) (415,000) -(435,000) (435,000)
Interest Expense (800,388) (799,004) 1,384 (783,788) (783,788)
Transfer from Capital Projects Fund 6,250,444 6,249,882 (562) -
Total Other Financing Sources (Uses)5,032,056 5,032,378 322 (1,221,788) - (1,221,788)
Change in Net Position (9,636,578) (9,416,519) 220,059 4,609 (62,019) (57,410)
Net Position- Beginning 9,709,514 9,709,514 72,936 292,995
Net Position- Ending 72,936$ 292,995$ 77,545$ 235,585$
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
26
158
Proposed
2023 2023 Variance 2024 1st 2024
Amended Actuals Fav/(Unfav)Budget Supplemental Amended
Revenue
Rental Income 1,814,753$ 1,682,746$ (132,007)$ 466,438$ 466,438$
Other Income 14,724 42,346 27,622 3,681 3,681
Total Revenue 1,829,477 1,725,092 (104,385) 470,119 - 470,119
Expenditures
Operating, Maintenance & Contracts 673,217 696,887 (23,670) 171,872 125,624 297,496
Capital Outlay 12,012 (12,012)
Contigency 50,000 50,000 50,000 50,000
Total Expenditures 723,217 708,899 14,318 171,872 175,624 347,496
Operating Income 1,106,260 1,016,193 (90,067) 298,247 (175,624) 122,623
Non-operating Revenues (Expenses)
Interest on Investments 180 80,694 80,514 12,500 12,500
Loan Principal Repayment to Capital Projects Fund (392,607) (395,574) (2,967) (401,508) (401,508)
Interest Payment to Capital Projects Fund (70,392) (64,953) 5,439 (61,447) (61,447)
Total Non-operating Revenues (Expenses)(462,819) (379,833) 82,986 (450,455) - (450,455)
Site/Podium/Land
Transfer from Housing Fund- CDOT Land Acquisition 1,715,000 1,715,000
CDOT Land Acquisition (1,715,000) (1,715,000)
Site and Podium- Timber Ridge Redevelopment (850,000) (836,242) 13,758 (32,749,840) (56,863) (32,806,703)
Redevelopment Legal Fee Contingency (50,000) (50,000)
Transfer from Housing Fund- Site and Podium 850,000 850,000 - 9,000,000 93,105 9,093,105
Transfer from General Fund- Site and Podium 23,749,840 23,749,840
Total Site and Podium - 13,758 13,758 - (13,758) (13,758)
Building A- Debt Serivce
Loan from GF for Subsidy 4,300,000 4,300,000
Building D - Purchase Price (5,847,933) (5,847,933)
Total Building A- Debt Service - - (1,547,933) - (1,547,933)
Revenue Over (Under) Expenditures 643,441 650,118 6,677 (1,700,141) (189,382) (1,889,523)
Beginning Fund Balance 2,078,748 2,078,748 2,898,789 2,728,866
Ending Fund Balance 2,722,189$ 2,728,866$ 1,198,648$ 839,343$
TOWN OF VAIL 2024 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TIMBER RIDGE FUND
27
159
Ordinance No. 3, Series of 2024
ORDINANCE NO. 3
SERIES OF 2024
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, HEAVY EQUIPMENT FUND, TIMBER RIDGE FUND, AND RESIDENCES AT MAIN
VAIL FUND OF THE 2024 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 2024 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
24, Series of 2023, adopting the 2024 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 2024 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 6,293,568
Capital Projects Fund 31,818,728
Real Estate Transfer Tax Fund 27,390,189
Housing Fund 14,092,051
Heavy Equipment Fund 1,227,546
Residences at Main Vail Fund 62,019
Timber Ridge Fund 1,997,487
Interfund Transfers (7,526,835)
Total $ 75,354,753
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
160
Ordinance No. 3, Series of 2024
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 19th day of March 2024, and a public hearing shall be held on this Ordinance
on the 2nd day of April, 2024, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Travis Coggin, Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
161
2024 SUPPLEMENTAL BUDGET
FINANCE | March 19, 2024
162
2
YEAR END RESULTS | Overview
Town of Vail | Finance | 3/19/2024
2024 REVENUES BY SOURCE
Across all funds revenues total $111.5M; $101.8 excluding large one-time grants and
reimbursements; up $10.2M from 2022; $8.2M from budget
Sales Tax,
42.1%
Property and
Ownership Tax,
5.5%
Use Tax, 2.3%
Ski Lift Tax and
Franchise Fees,
7.6%
Real Estate
Transfer Tax, 7.2%
Licenses and
Permits, 3.0%
Intergovernmental
Revenue, 6.8%
Transportation
Centers, 8.4%
Charges for
Services, 1.8%
Rent, Fines &
Miscellaneous,
7.0%
Reimbursed from
VRA , 1.8%Earnings on
Investments, 6.7%
163
Revenue Source
2023 Amended
Budget 2023 Actual 2022 Actual
Sales Tax 44.9M 46.9M 46.3M
Property and Ownership Tax 6.1M 6.1M 6.0M
Use Tax 2.2M 2.5M 2.2M
Ski Lift Tax and Franchise Fees 9.0M 8.5M 8.6M
Real Estate Transfer Tax 7.6M 8.0M 9.6M
Licenses and Permits 3.4M 3.3M 2.9M
Intergovernmental Revenue 15.7M 7.6M 6.9M
Transportation Centers 8.6M 9.4M 8.2M
Charges for Services 2.2M 2.1M 1.9M
Rent, Fines & Miscellaneous 8.3M 7.7M 9.1M
Reimbursed from VRA 7.1M 2.0M 2.3M
Earnings on Investments 3.5M 7.5M 397K
3
YEAR END RESULTS | Overview
Town of Vail | Finance | 3/19/2024
REVENUES BY SOURCE
164
4
YEAR END RESULTS | Overview
Town of Vail | Finance | 3/19/2024
EXPENDITURES
Across all funds expenditures totaled $106.1M compared to $191.0M budget.
Savings -$12.9M
•Personnel Vacancies: $881K
•Capital Projects: $4.8M
•General Operating: $4.9M
•Event Spending: $711K
•Health Insurance Claims/Premiums: $1.2M
•Planning Projects: $419K
Capital Project Re-appropriations $72.0M
•Booth Heights ($17.6M)
•CDOT Parcel Acquisitions ($7.6M)
•West Middle Creek Redevelopment ($3.9M)
•Dobson Ice Arena ($3.9M)
•Underground Utility Improvements ($2.5M)
•Bus Replacements ($9.6M)
•TOV employee rental units ($2.3M)
•Facility Capital Maint ($2.6M)
Municipal
Services
59.5%
Capital
Improvements
38.3%
Debt
Service
2.2%
165
5
YEAR END RESULTS | General Fund
Revenue –YOY Increase mainly due investment income ($2.9M)
Expenditures –Savings in staffing: $36K ($881K Townwide); all other operations $1.8M;
HEF transfer $154K; ARP Funds: $1.4M Proposed to be used for RMV
Carryover of:
•Planning projects: $98K
•2023 Uniform order (every 4 years): $203.4K
•Booth Heights Acquisition Loan (delayed): $5.6M
Fund Balance –Budgeted to utilize $5.0 of reserves; Actual results: Added $1.1M back into
reserves, excluding re-appropriations.
2023: $60.5M; 2024 Projected: 29.0M (47% of fund balance)
Final
Budget
2023
Actual
Better
(Worse)
2022
Actual
Better
(Worse)
Revenue $61.0M $62.5M $1.5M $58.6M $3.9M
Expenditures (57.2)M (53.1)M 4.1M (47.4)M (5.7)M
Transfers (8.8)M (2.5)M 6.3M (2.1)M 400K
Net Change (5.0)M 7.0M 12.0M 9.1M (2.1)M
166
6
YEAR END RESULTS | General Fund
Town of Vail | Finance | 3/19/2024
-
10,000,000
20,000,000
30,000,000
40,000,000
50,000,000
60,000,000
70,000,000
80,000,000
90,000,000
100,000,000
2022 Actual 2023 Budget 2023 Actual 2024 Amended Budget
General Fund Revenue/Expenditures
Expednitures Transfers to Other Funds Timber Ridge Redevelopment Revenue
167
7
YEAR END RESULTS | Capital Projects Fund
Town of Vail | Finance | 3/19/2024
Revenue –YOY variance due to timing of grant funds
Expenditures –Variance for 2023 budgeted projects not yet completed and carried over to
2024 $31.3M; $1.8M in project savings during 2023
Transfers–Housing Fund (InDeed) and Capital Contribution to RMV above bond proceeds
Fund Balance -$45.6M at the end of 2023 but utilizing $43.1.0M of that in 2024 and 2025.
Final Budget 2023
Actual
Better
(Worse)
2022
Actual
Better
(Worse)
Revenue $33.5M $24.6M $(6.5)M $22.6M $(6.6)M
Expenditures (50.1)M (17.0)M 27.6M (19.3)M 15.1M
Debt Service (1.2)M (1.2)M -(1.2)M (15.0)M
Transfers (8.6)M (8.7)M (0.1)M (3.6)M (9.8)M
Net Change $(26.4)M $(2.3)M $26.1M $(1.5)M $(16.3)
168
8
YEAR END RESULTS | Real Estate Transfer Tax Fund
Town of Vail | Finance | 3/19/2024
Revenue –RETT collections of $10.1M flat with prior year
Expenditures –Variance for approved projects not yet completed and carried over to
2024: $25.8M; $870K operating savings; 2.1M in project savings during 2023
Fund Balance -$31.8M at the end of 2023 but utilizing $22.9M of that in 2024.
Final Budget 2023
Actual
Better
(Worse)
2022
Actual
Better
(Worse)
Revenue $9.8M $10.1M $300K $10.1M -
Expenditures (37.2)M (8.4)M 28.8M (8.2)M (200)K
Transfers 5.8M $197.6K $5.6M -(197.6)K
Net Change $(21.5)M $1.9M $23.4M $1.9M -
169
9
YEAR END RESULTS | Booth Heights Parcel Loan
Town of Vail | Finance | 3/19/2024
Booth Heights Loan from General Fund to RETT:
•$5.6M
•20-year payback with an option to accelerate depending on year end
results
•Zero Interest
•Maintain Minimum $2.0M fund balance in 5-year plan
Payback Options:
•Available Funds: $2.0M
•$360,000 towards Ford Park art space for residency program
(included in supplemental)
•Apply remaining $1.7M towards loan balance
•Use towards future projects such as Dobson, playground safety
improvements, Ford Park Master Plan, ect
170
10
YEAR END RESULTS | American Rescue Plan Funds
Town of Vail | Finance | 3/19/2024
Available Funds: $1,365,835
Obligated by: 12/31/2024
Spend by: 12/31/2026
Eligible Use Categories
1)Replace public sector revenue
2)Provide premium pay for eligible workers
3)Invest in water, sewer, and broadband infrastructure
4)Public health and economic response
•Most flexible category
•Negative economic impacts from the pandemic
171
11
YEAR END RESULTS | American Rescue Plan Funds
Town of Vail | Finance | 3/19/2024
RMV was funded with $24.9M of
bond proceeds plus a $7.4M loan
from the Capital Projects Fund
Advantages
•Increase available fund balance
in CPF for other Council priorities
•Allow RMV funds to build up
quicker
Staff recommendation: Residences at Main Vail
*Currently, ARP Funds are reflected as a reappropriation. If Council
supports this recommendation these funds will be recognized as
revenue in 2023
172
2024 SUPPLEMENTAL BUDGET | Budget Requests
Town of Vail | Finance | 3/19/2024 173
13
2024 BUDGET SUPPLEMENTAL | Overview
Town of Vail | Finance | 3/19/2024
Proposes to increase revenues by $20.2M
•$17.0M for re-appropriation of grants, reimbursements, and transfers for
ongoing projects
•$1.8M for recognition of new transfers between funds
•$1.4M for other revenue increases
•Requesting to increase expenditures by $82.8M:
•$78.1M for re-appropriation of ongoing projects
•$4.8M for new funding requests
•2024 Amended Budget will utilize a projected $97.1M of Reserves
174
14
2024 BUDGET SUPPLEMENTAL | General Fund
Town of Vail | Finance | 3/19/2024
Revenue $92.8K Expenditures $6.3M
Revenue
•$33.9K for additional Hope Center grant funds for behavioral health; 2024 total is
$387.7K
Expenditures
•Delayed transfer of $5.6M to the RETT fund for the acquisition of the Booth Heights
open space parcel
•$75.0K transit route and operations planning
•$33.0K for updated compensation study to be conducted in 2024
•$30.0K to cover the increased costs of ammunition due to cost escalation
•$20.0K for additional police department staffing at the town’s 4th of July celebration
Ending Fund Balance: $28.9M
175
15
2024 BUDGET SUPPLEMENTAL | Capital Projects Fund
Town of Vail | Finance | 3/19/2024
Revenue: $11.6M Expenditures: $31.8M
Revenue Adjustments:
•$921.7K utilization of 1% Holy Cross franchise fee and $215.9K utilization of Holy
Cross Enhancement Fund for underground utility project at Spraddle Creek and Bald
Mtn Rd.
New Requests ($535.5K):
•$350.0K increase to Bus Wash replacement (approved by council at 02/20 meeting)
•$150.0K increase to ongoing cabling/network infrastructure upgrades in town-
owned buildings
•$32.5K for increase in subscription and implementation of a budget software
Re-appropriations ($31.1M) include:
•Electric bus replacements ($9.6M) offset by $5.5M of grant funding
•Continuation of Dobson redevelopment project ($3.9M)
•Municipal building HVAC and library air handler ($1.3M)
•Real Estate purchases for TOV employee housing ($1.2M)
•Vail Village streetscape and snowmelt repair ($1.4M)
•Repair of deteriorating bridges in East Vail ($1.0M)
Ending Fund Balance: $24.5M
176
16
2024 BUDGET SUPPLEMENTAL | RETT Fund
Town of Vail | Finance | 3/19/2024
Revenue: $6.2M Expenditures: $27.4M
Revenue
•$6.1M re-appropriation of reimbursements based on project timing
•Usage of $38.8K in bag fee funds to continue the Zero Hero Waste program
New requests ($1.6M):
•$1.1M for additional legal fees related to the acquisition of the Booth Heights parcel
•$660.0K increase for construction of the Ford Park Art Studio (approved at March 5th council
meeting)
•$72.0K for replacement of blue picnic tables throughout town
•$32.0K increase for Gore Creek Interpretive Signage
•$15.0K for a feasibility study for a car share program
•$13.2K in additional funds for Protect Wildlife bear campaign
•$6.0K for additional aluminum cups for the sustainable Ball Cup program
Re-appropriations ($25.8M) include:
•Booth Heights parcel ($17.6M)
•Ford Park Art Studio ($760.4K)
•Ford Park athletic field restroom/storage building ($1.0M)
•Re-stabilization of the Dowd Junction retaining wall and bike path ($817.6K)
Ending Fund Balance: $8.9M
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2024 BUDGET SUPPLEMENTAL | Other Funds
Town of Vail | Finance | 3/19/2024
New Requests:
•Housing Fund-$147.1K for Timber ridge and Middle creek legal fees, and Timber
Ridge preconstruction management costs
•Heavy Equipment Fund-$135.1K for increase in replacement cost a facilities
sweeper, a class 8 dump truck, and a GVW dump 4x4 plow
•Timber Ridge-$175.6K increase in final operating expenditures before
redevelopment
Re-appropriations:
•Housing Fund: $13.9M for Housing programs (includes $680.1K for Vail InDeed,
$7.6M for potential purchases of CDOT parcels, $1.5M for placeholder for buy-down
housing opportunities)
•Heavy Equipment Fund: $1.4M for vehicle purchases delayed by supply chain
issues
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SUPPLEMENTAL BUDGET | Recap
Town of Vail | Finance | 3/19/2024
Does Council have questions or concerns about any of
the supplemental requests or re-appropriations?
Does Council support using ARP funds for Residences at
Main Vail?
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