HomeMy WebLinkAbout2024-02-06 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order
2.Citizen Participation (10 min.)
3.Any action as a result of Executive Session
4.Consent Agenda (5 min.)
4.1 January 2, 2024 TC Meeting Minutes
4.2 January 16, 2024 TC Meeting Minutes
4.3 Contract Award to Walking Mountains Science Center for
Vail Nature Center 2024 Summer Programming
Authorize Town Manager to enter into an agreement, on a
form approved by the Town Attorney, with Walking Mountains
Science Center for Summer 2024 programming at the Vail
Nature Center, not to exceed $109,373.00.
Background: This is an annual contract for Vail Nature Center
operations.
4.4 Contract Approval for 2024 Special Event Sponsorships
over $50,000.00
Authorize the Town Manager to enter into agreements, on a
form approved by the Town Attorney, for the following events,
in the respective amounts: Vail Comedy Festival - $50,000.00,
Gerald R. Ford Amphitheater - Live Music & Entertainment -
$55,000.00, Vail Farmers Market & Art Show - $57,500.00,
Taste of Vail - $60,000.00, Vail Dance Festival - $65,000.00,
Springfree Bluegrass Festival - $80,000.00, Après at the Amp -
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually by Zoom
Zoom Meeting Link: https://vail.zoom.us/webinar/register/WN_-KKNTSCmQ3yOGRlRkIMpBQ
6:00 PM, February 6, 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.
010224 TC meeting minutes.pdf
011624 TC meeting minutes.pdf
Agreement for Professional Services - Vail Nature Center 2024.pdf
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$125,000.00, GoPro Mountain Games - $155,000.00, Bravo!
Vail Music Festival - $310,000.00
Background: The following events have been allocated over
$50,000.00 and need council approval to execute these
agreements: Vail Comedy Festival - $50,000.00, Gerald R.
Ford Amphitheater - Live Music & Entertainment - $55,000.00,
Vail Farmers Market & Art Show - $57,500.00, Taste of Vail -
$60,000.00, Vail Dance Festival - $65,000.00, Springfree
Bluegrass Festival - $80,000.00, Après at the Amp -
$125,000.00, GoPro Mountain Games - $155,000.00, Bravo!
Vail Music Festival - $310,000.00
4.5 Contact Award to Grimes Service Company for Upgrading
Heating Controls at the Vail Public Library
Authorize Town Manager to enter into an agreement, on a
form approved by the Town Attorney, to Grimes Service
Company for upgrading the Heating Controls at the Vail Public
Library, not exceed $59,685.00.
Background: The control system for the library HVAC system
is obsolete and is no longer supported by the manufacturer.
An engineering firm is currently designing a new HVAC system
for the library and this control package is designed to work with
the new system.
4.6 Contact Award to RoadSafe Traffic Systems, Inc. for Town
of Vail Street Striping Services
Authorize Town Manager to enter into an agreement, on a
form approved by the Town Attorney, to RoadSafe Traffic
Systems, Inc. for striping Town of Vail streets, not exceed
$68,247.92.
Background: Each year, the Town publicly bids maintenance
work for roadway striping for all Town roads. This work is
budgeted within the Capital Street Maintenance budget.
5.Town Manager Report (10 min.)
5.1 Town Manager Report
5.2 Council Matters
6.Action Items
6.1 Resolution No. 07, Series of 2024, A Resolution
Supporting Passage of the Bolts Ditch Act
15 min.
Approve, approve with amendments, or deny Resolution No.
07, Series of 2024.
Council Memo - 02-06-2024 Consent Agenda for sponsorship funding agreements cycle
1.docx
council memo Library HVAC control Upgrade.docx
Council Memo 2-5-24.docx
PSA - Roadsafe Traffic Systems 2024.docx
TM Update 012624.docx
240206 Matters.docx
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Presenter(s): Siri Roman, General Manager of Eagle River
Water & Sanitation District
Background: The Bolts Ditch Act is federal legislation that
would add Eagle River Water & Sanitation District and Upper
Eagle Regional Water Authority as government entities, along
with the Town of Minturn, that may use, maintain, and repair
Bolts Ditch and its headgate, which are located in the Holy
Cross Wilderness and will be an essential filling source for the
new Bolts Lake Reservoir. The District, Authority, and Minturn
are collectively seeking support from local entities for the
passage of the Bolts Ditch Act because Bolts Lake Reservoir
will be critical to providing sustainable water supplies for our
region.
6.2 Ordinance No. 01, Series of 2024, First Reading, An
Ordinance Amending Section 7 of Ordinance No. 22,
Series of 2023 Regarding the Effective Date of the
Ordinance
5 min.
Approve, approve with amendments, or deny Ordinance No.
01, Series of 2024, upon first reading.
Presenter(s): Greg Roy, Planning Manager
Background: The subject property is a portion of the CDOT
right-of-way that is proposed to be included as part of the
Timber Ridge Subdivision with the Minor Subdivision
application (PEC21-0010). The plat to incorporate this area
into Lot 1 has not been recorded to date, and the effective date
of the zoning designation needs to be amended to ensure
appropriate time to allow the plat to be recorded prior to zoning
to take effect. Currently the zoning will take effect on March 1,
2024 and the proposed ordinance would amend the date to
April 1, 2024.
7.Adjournment 6:45pm (estimate)
Vail Town Council memo re Resolution supporting Bolts Ditch Act.pdf
Resolution No. 07, Series of 2024.docx
Ord No. 1 Series of 2024 Staff Memo.pdf
Ordinance No. 1 Series of 2024.pdf
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:January 2, 2024 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
010224 TC meeting minutes.pdf
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Town Council Meeting Minutes of January 2, 2024. Page 1
Vail Town Council Meeting Minutes
Tuesday, January 2, 2024
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Coggin.
Full video of the Town Council meeting can be accessed at https://www.highfivemedia.org/town-
vail.
Members present: Travis Coggin, Mayor
Barry Davis, Mayor Pro Tem
Pete Seibert
Jonathan Staufer
Dave Chapin
Reid Phillips
Samantha Biszantz
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
2. Citizen Participation
Citizen Participation began at time stamp 6:00pm on the High Five video.
There was none.
3. Any action as a result of executive session
There was none.
4. Consent Agenda
Consent Agenda began at time stamp 6:00pm on the High Five video.
4.1 December 5, 2023 TC Meeting Minutes
4.2 December 19, 2024 TC Meeting Minutes
4.3 Resolution No. 01, 2024, A Resolution Committing $2 Million to Habitat for Humanity
Vail Valley Towards the Purchase Price of Ten Three Bedroom Homes at the Timber
Ridge II Village Apartments to be made Available for Occupancy Beginning in the Fall of
2025
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Town Council Meeting Minutes of January 2, 2024. Page 2
Approve, approve with amendments, or deny Resolution No. 01, Series of 2024.
Background: Resolution No. 01, Series of 2024 commits $2 million dollars to the buy down of the
purchase price of ten new homes for families of Habitat for Humanity at the soon to be redeveloped
Timber Ridge Village apartments. In partnership with Eagle County and Habitat for Humanity, this
buy down opportunity will ensure the ten homes can be priced for families earning 80% or less of the
AMI.
4.4 Resolution No. 03, Series of 2024, A Resolution Approving a Mutual Release of
Restrictive Covenant Amended and Restated Development Agreement between the Town
of Vail and Luis A. Rodriguez and Claudia Stuve; and Setting Forth Details in Regard
Thereto
Approve, approve with amendments, or deny Resolution No. 03, Series of 2024.
Background: Resolution No. 03 authorizes the release of an existing deed restriction in
exchange for a pay in lieu payment, The Town will turn around and use the pay in lieu payment
to buy down the purchase price to on a home in East Vail, ensuring it remains affordable to the
local workforce for years to come.
4.5 Resolution No. 04, Series of 2024, A Resolution Adopting the Town’s Website as the
Town’s Posting Location
Approve, approve with amendments, or deny Resolution No. 04, Series of 2024.
Background: C.R.S. Section 24-6-402(2)(III), a local body shall deemed to have given full and
timely notice, with specific agenda information if available, no less than twenty-four hours prior
to the holding of the meeting on a public website of the local public body. The notice must be
accessible at no charge to the public. The local body, shall, to the extent feasible, make the
notices searchable by type of meeting, date of meeting, time of meeting, agenda contents and
any other category deemed appropriate by the local public body.
4.6 Resolution No. 05, Series of 2024, A Resolution Approving a State of Colorado
Subaward Agreement between the Town of Vail and the Colorado Department of
Transportation for the Purchase of Two Electric Bus Chargers
Approve, approve with amendments, or deny Resolution No. 05, Series of 2024.
Background: The Town of Vail and the Colorado Department of Transportation wish to enter into
the Subaward Agreement to enable the Town to receive Community Project
Funding/Congressionally Directed Spending funs to assist in the Town’s purchase of two
electric bus chargers.
4.7 Contract Award to Advanced Network Management Inc. for Data Center Infrastructure
Replacement
Authorize the Town Manager to enter into a contract, in a form authorized by the Town Attorney,
with Advanced Network Management Inc, to provide the necessary hardware and installation
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Town Council Meeting Minutes of January 2, 2024. Page 3
services to replace the Town’s data center infrastructure stack, for an amount not to exceed
$1,700,000.00.
Background: The Town uses numerous different information technology systems and
applications to support the needs of the Town’s residents and visitors, as wall as internal
operations. The current stack of hardware was purchased and implemented in June of 2018. Six
years is an excellent return on investment for this type of technology. In addition to replacing
this infrastructure, staff is adding a component to help protect the Town against a potential
cyber-attack like ransomeware.
Davis made a motion to approve the consent agenda; Phillips seconded motion passed (7-0).
5. Presentation/Discussion
5.1 2023 End of Year Update on Housing from the Vail Local Housing Authority
The 2023 End of Year Updated Housing presentation began at time stamp 6;02pm on the High
Five video.
Listen to presentation and provide feedback.
Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local Housing
Authority
Background: this update furthers the many goals, initiatives, priorities and advances the
performance measures prescribed in the Vail Housing 2027 Strategic Plan.
6. Town Manager Report
The Town Manager Report began at time stamp 6:40pm on the High Five video.
6.1 Town Manager Report
There wasn’t one.
6.2 Council Matters and Status Update
7. Public Hearings
7.1 Ordinance No. 27, Series of 2023, Second Reading, An Ordinance Providing for the
Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2023
Tax Year and Payable in the 2024 Fiscal Year.
The discussion for Ordinance No. 27, Series of 2023, second reading began at time stamp
7:10pm on the High Five video.
Presenter(s): Carlie Smith, Finance Director
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Town Council Meeting Minutes of January 2, 2024. Page 4
Approve, approve with amendments, or deny Ordinance No. 27, Series of 2023, upon second
reading.
Background: Please see attached memo.
The discussion on Ordinance 27, Series of 2023, second reading, began at time stamp 6:40pm
on the High Five video.
Davis made a motion to approve; Staufer seconded motion passed (7-0).
7.2 Ordinance 29, Series of 2023, Second Reading, an Ordinance Amending Title 12,
Chapter 6 of the Vail Town Code to Amend the Current Housing District Regulations and
to Establish a New Housing District and Amending Sections 14-6-7 and 14-10-9 of the Vail
Town Code to Increase the Maximum Height of Retaining Walls in the Housing Districts
Presenter(s): Greg Roy, Planning Manager
Approve, approve with amendments, or deny Ordinance 29, Series of 2023, Second Reading.
Background: The Planning and Environmental Commission reviewed a similar proposal in
September, where a recommendation of approval was forwarded to Town Council. On
November 7th, Town Council considered the code amendment in the form of Ordinance No. 23,
Series of 2023 but a motion to approve on first reading failed with a vote of 3-3. There was no
follow-up motion on the item and it did not move forward. Revisions were made to the proposal
based on input received and the item returned to the PEC for review at the December 11, 2023
meeting. At this meeting, the PEC recommended approval of the application with a vote of 4-3
(Rediker, Pratt, McBride opposed). Town Council voted 7-0 to approve Ordinance No. 29.
Series of 2023 on first reading at the December 19. 2023 Town Council meeting.
The discussion on Ordinance 27, Series of 2023, second reading, began at time stamp 6:43pm
on the High Five video.
Phillips made a motion to approve with the findings on page four of the staff memorandum and the
added whereas language “a community needs people living in it. Since its inception, Vail has
encouraged a wide variety of people from different backgrounds to call Vail home. In large
measure, this has encouraged Vail’s vitality and economic success. The Community Housing
Zone District is enacted to ensure housing opportunities for the people who will contribute to the
vibrancy and economic success in the future, while maintaining Vail’s commitment to the
protection of, and respect for, the natural environment”; Davis seconded motion passed (7-0).
There being no further business to come before the council, Staufer moved to adjourn the
meeting; Davis seconded motion passed (7-0), meet adjourned at 6:49p.m.
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Town Council Meeting Minutes of January 2, 2024. Page 5
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Stephanie Bibbens
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:January 16, 2024 TC Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
011624 TC meeting minutes.pdf
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Town Council Meeting Minutes of January 16, 2024 Page 1
Vail Town Council Meeting Minutes
Tuesday, January 16, 2024
5:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 5:00 P.M. by
Mayor Coggin.
Full video of the Town Council meeting can be accessed at https://www.highfivemedia.org/town-
vail.
Members present: Travis Coggin, Mayor
Barry Davis, Mayor Pro Tem
Pete Seibert
Jonathan Staufer
Dave Chapin
Reid Phillips
Samantha Biszantz
Staff members present: Russell Forrest, Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
Kathleen Halloran, Deputy Town Manager
1. Call to Order
2. Executive Session
1. C.R.S. §24-6-402(4)(a) to consider the purchase, acquisition, lease, transfer or sale of
any real, personal or other property interest, §24-6-402(4)(e) to determine positions
relative to matters that may be subject to negotiations, develop a strategy for
negotiations and instruct negotiators and on the topic of potential real property sale and
acquisitions by the Town; and
2. C.R.S. §24-6-402(4)(b) to hold a conference with the Town Attorney to receive legal
advice on specific legal questions on the topic of SMB Vail, LLC v. Town of Vail et al.,
case number 2023CV30099.
3. The regular Town Council Evening Meeting will begin at 6:00pm.
4. Citizen Participation
Citizen Participation began at time stamp 6:00pm on the High Five video.
Declan Cunningham, a sophomore at Vail Mountain School, asked the council to consider banning
the sale of single-use plastic water bottles.
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Town Council Meeting Minutes of January 16, 2024 Page 2
Douglas Smith thanked Vail Police, Vail Fire & Emergency Services and Vail Public Works for their
exemplary work over the holidays and encouraged council to make the remodel of Dobson Ice Arena
the best it possibly could be.
Tim McMahon asked if the Town Attorney could require Vail Resorts to stop using the name “Vail”
and requested the town look at financial feasibility of taking over the lease for Vail Mountain.
5. Any action as a result of executive session
There was none.
6. Consent Agenda
Consent agenda began at time stamp 6:09pm on the High Five video.
6.1 Resolution No. 02, Series of 2024, A Resolution Approving a Memorandum of
Understanding between the Town of Vail and the State of Colorado Energy Office
Approve, approve with amendments, or deny Resolution No. 02, Series of 2024.
Background: The Town of Vail and Colorado Energy Office wish to enter into a Memorandum of
Understanding to provide the Town with access to the services and support of the CEO's
Energy Performance Contracting Program which will assist the Town with the development and
implementation of EPC projects.
6.2 Resolution No. 06, Series of 2024, A Resolution Approving an Intergovernmental
Agreement between the Town of Vail and Eagle County, Colorado Regarding ta Recycle
Drop Off Site
Approve, approve with amendments, or deny Resolution No. 6, Series of 2024.
Background: Eagle County has hired a vendor to transport collected recyclable material from
drop-off collection sites situated throughout the greater Eagle County to the Eagle County
Recycled Materials Recovery Facility.
6.3 Support for Repeal of Local Preemption from Colorado Pesticide Applicators Act
Town Environmental staff encourage Council members continue to support repeal of the
preemption on local control of pesticide regulations.
Background: The Colorado Pesticide Applicators Act currently contains a preemption that
prohibits local jurisdictions from adopting regulations on landscaping chemicals that are more
stringent than those at the state level. People and Pollinators Action Network (PPAN), a non-
profit dedicated to promoting sustainable landscape management practices to protect human
health and biodiversity in Colorado, has organized a coalition of Colorado communities and
state legislators to advocate for partial restoration of local control of pesticide regulation. Town
of Vail environmental staff have played a leadership role in this effort since 2018 by providing
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Town Council Meeting Minutes of January 16, 2024 Page 3
letters to state legislators, presentations. and testimony in front of the Colorado State Senate,
State House and relevant State and House committees.
Davis made a motion to approve the Consent Agenda; Phillips seconded motion passed (7-0).
7. DRB/PEC
7.1 DRB/PEC Update
DRB/PEC Update began at time stamp 6:10pm on the High Five video.
8. Information Update
The Information Update began at time stamp 6:11pm on the High Five video.
8.1 December 21, 2023 VLMDAC Meeting Minutes
8.2 January 3, 2024 CSE Meeting Minutes
9. Presentation/Discussion
9.1 2024 Water and Wastewater Rates Discussion
Presenter(s): David Norris, Director of Business Administration and Siri Roman, General
Manager Eagle River Water and Sanitation District
Background: Review of changes to water and wastewater rates for 2024, including updated
water use rate structures on two of the six customer account types.
The 2024 Water and Wastewater Rate Discussion began at time stamp 6:29pm on the High
Five video.
9.2 Vail Pedestrian Safety Improvements Project Update
Presenter(s): Tom Kassmel, Town Engineer
Staff recommends proceeding with the design and installation of an initial pilot program in
Lionshead at the east and west entrances. This will allow staff to utilize the grant funding and
evaluate the benefits of the program and whether or not the program should be expanded into
other areas.
Background: The Town of Vail has contracted with Kimley Horn to complete the design of the
Vail Pedestrian Village Safety Project which includes the selection of and the design of safety
measures at various locations within the Vail Village, Lionshead Village, and Ford Park. The
purpose of the project is to control vehicular access into Vail’s high pedestrian activity areas and
restrict access when necessary during special events.
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Town Council Meeting Minutes of January 16, 2024 Page 4
The Vail Pedestrian Safety Improvements Project Update began at time stamp 6:11pm on the
High Five video.
10. Matters from Mayor, Council, Town Manager and Committee Reports
The Town Manager Report began at time stamp 7:12pm on the High Five video.
10.1 Town Manager Report
• 2024 Vail Social Date will take place on September 10, 2024.
• 2025 Yamanouch-Machi Sister City Visit will have a future worksession discussion.
• Grant opportunities
• Signage on Frontage Roads
10.2 Council Matters and Status Update
Matters from Mayor, Council and Committee Reports began at time stamp 7:28pm on the High
Five video.
11. Adjournment
There being no further business to come before the council, Davis moved to adjourn the
meeting; Staufer seconded motion passed (7-0), meet adjourned at 7:41p.m.
Respectfully Submitted,
Attest: __________________________________
Travis Coggin, Mayor
______________________________
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 4.3
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Kristen Bertuglia, Environmental Sustainability
ITEM TYPE:Contract Award
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Award to Walking Mountains Science Center for Vail
Nature Center 2024 Summer Programming
SUGGESTED ACTION:Authorize Town Manager to enter into an agreement, on a form
approved by the Town Attorney, with Walking Mountains Science
Center for Summer 2024 programming at the Vail Nature Center, not
to exceed $109,373.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Agreement for Professional Services - Vail Nature Center 2024.pdf
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is
made and entered into this 24th day of January, 2024 (the "Effective Date"), by and
between the Town of Vail, a Colorado home rule municipal corporation with an address
of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and Walking Mountains
Science Center, an independent contractor with an address of, P.O. Box 9469 Avon, CO
81620, ("Contractor") (each a "Party" and collectively the "Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite
expertise and experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete and
prompt execution and performance of all duties, obligations, and responsibilities which
are described or reasonably implied from the Scope of Services set forth in Exhibit A,
attached hereto and incorporated herein by this reference.
B. A change in the Scope of Services shall not be effective unless authorized
as an amendment to this Agreement. If Contractor proceeds without such written
authorization, Contractor shall be deemed to have waived any claim for additional
compensation, including a claim based on the theory of unjust enrichment, quantum merit
or implied contract. Except as expressly provided herein, no agent, employee, or
representative of the Town is authorized to modify any term of this Agreement, either
directly or implied by a course of action.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date, and shall continue
until Contractor completes the Scope of Services to the satisfaction of the Town, or until
terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written
notice. The Town shall pay Contractor for all work previously authorized and completed
prior to the date of termination. If, however, Contractor has substantially or materially
breached this Agreement, the Town shall have any remedy or right of set-off available at
law and equity.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the
Town shall pay Contractor $109,373. This amount shall include all fees, costs and
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expenses incurred by Contractor, and no additional amounts shall be paid by the Town
for such fees, costs and expenses. Contractor shall not be paid until the Scope of
Services is completed to the satisfaction of the Town.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities
and render the services described herein and has all requisite corporate authority and
professional licenses in good standing, required by law. The work performed by
Contractor shall be in accordance with generally accepted professional practices and the
level of competency presently maintained by other practicing professional firms in the
same or similar type of work in the applicable community. The work and services to be
performed by Contractor hereunder shall be done in compliance with applicable laws,
ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services
shall not be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise,
Contractor agrees not to employ subcontractors to perform any work under the Scope of
Services.
D. Contractor shall at all times comply with all applicable law, including without
limitation all current and future federal, state and local statutes, regulations, ordinances
and rules relating to: the emission, discharge, release or threatened release of a
Hazardous Material into the air, surface water, groundwater or land; the manufacturing,
processing, use, generation, treatment, storage, disposal, transportation, handling,
removal, remediation or investigation of a Hazardous Material; and the protection of
human health, safety or the indoor or outdoor environmental, including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§ 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. §
1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.
("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water
Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act;
the Occupational Safety and Health Act; all applicable environmental statutes of the State
of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions,
codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or
material, in effect now or anytime hereafter.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all
related documentation and materials provided or developed by Contractor shall be
exclusively owned by the Town. Contractor expressly acknowledges and agrees that all
work performed under the Scope of Services constitutes a "work made for hire." To the
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extent, if at all, that it does not constitute a "work made for hire," Contractor hereby
transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display,
reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such
work without providing notice to or receiving consent from Contractor; provided that
Contractor shall have no liability for any work that has been modified by the Town.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of
this Agreement, all personnel assigned by Contractor to perform work under the terms of
this Agreement shall be, and remain at all times, employees or agents of Contractor for
all purposes. Contractor shall make no representation that t is a Town employee for any
purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or
policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by Contractor pursuant to this Agreement. At a minimum,
Contractor shall procure and maintain, and shall cause any subcontractor to procure and
maintain, the insurance coverages listed below, with forms and insurers acceptable to the
Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision,
and shall include the Town and the Town's officers, employees, and contractors
as additional insureds. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
3. Professional liability insurance with minimum limits of $1,000,000 each
claim and $2,000,000 general aggregate.
B. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees or its contractors shall be excess and not
contributory insurance to that provided by Contractor. Contractor shall be solely
responsible for any deductible losses under any policy.
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C. Contractor shall provide to the Town a certificate of insurance as evidence
that the required policies are in full force and effect. The certificate shall identify this
Agreement.
VIII. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns from and against
all claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from bodily
injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this
Agreement if such injury, loss, or damage is caused in whole or in part by, the act,
omission, error, professional error, mistake, negligence, or other fault of Contractor, any
subcontractor of Contractor, or any officer, employee, representative, or agent of
Contractor, or which arise out of a worker's compensation claim of any employee of
Contractor or of any employee of any subcontractor of Contractor. Contractor's liability
under this indemnification provision shall be to the fullest extent of, but shall not exceed, that
amount represented by the degree or percentage of negligence or fault attributable to
Contractor, any subcontractor of Contractor, or any officer, employee, representative, or
agent of Contractor or of any subcontractor of Contractor.
B. If Contractor is providing architectural, engineering, surveying or other design
services under this Agreement, the extent of Contractor's obligation to indemnify and hold
harmless the Town may be determined only after Contractor's liability or fault has been
determined by adjudication, alternative dispute resolution or otherwise resolved by mutual
agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).
IX. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
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F. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written
agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
I. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit the Town's legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or defectively
performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
L. Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, which
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war,
labor disputes, forces of nature, the authority and orders of government or pandemics.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
__________________________________
Stephanie Bibbens, Town Clerk
CONTRACTOR
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2024, by ____________________________ as
_________________ of ________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
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EXHIBIT A
SCOPE OF SERVICES
See attached Scope of Work from Walking Mountains Science Center to the Town of Vail
22
EXHIBIT A
SCOPE OF SERVICES
Vail Nature Center Summer 2024
The Contractor will operate the following programs at the Vail Nature Center:
Wildflower Walk – (1 hour, 3 days per week) A leisurely one-hour walk through the
woods and meadows in which guests learn about the flowers that carpet the mountains
and the conditions they need to thrive.
Morning Bird Walk – (1 hour, 2 days per week) A morning walk through the meadows
and woods along Gore Creek where guests learn about a great variety of birds, what they
need to survive, and how to attract birds to their own backyards.
Beaver Pond Tour – (1.75 hours, 2 evenings per week) The guest experience begins at the
Nature Center with a brief presentation about beavers, followed by a drive to a beaver
pond and active lodge.
S’Mores and More: Family Campfire Program – (1.5 hours, 2 evenings per week) A
warm campfire, nocturnal creatures and the sweet smell of burning marshmallows fill this
family program at the Vail Nature Center.
Creekside Nature Tours – (1 hour, 2 times per Farmer’s Market) A casual nature walk
along Vail’s streamside paths to learn about the importance of riparian ecosystems. Tours
depart from the Walking Mountains Science Center booth at the Vail Farmers’ Market on
Sundays throughout the summer.
Adult Backcountry Hikes & Hiking Club – Naturalist Guides and Wilderness First
Responders lead participants on all-day and half-day hikes throughout the White River
National Forest. Hikes are offered 3-4 days per week. Hikes are at a pace that allows
participants to enjoy the flora and fauna along the trail. Participants should be in healthy
condition and accustomed to the altitude. Hike participants must pre-register and bring
their own rain gear, lunch, trail snacks, water and a camera. Transportation is provided
from the Nature Center.
Volunteer Days – Volunteer groups and students assist with trail maintenance and
invasive weeds.
Custom programming – Walking Mountains may make separate contracts to work with
private groups and camps such as its regular programming with VRD’s Camp Eco Fun.
The Contractor will operate the Vail Nature Center facilities:
•The facility will be open for public visitation during its annual operating season of
mid-June to the end of September. Nature exhibits and other interpretive
opportunities will be provided by the staff.
•Normal days of operation are Mondays-Saturdays with presence at the Vail
Farmers’ Market on Sundays.
23
• Staff will monitor and provide basic upkeep on all Vail Nature Center trails. Staff
will engage in basic invasive weed management and enforce visitor rules to help
protect the area’s biodiversity.
The Contractor is responsible for all services above and staffing of the Nature Center,
excluding the cost of electrical service, maintenance and cleaning of the interior and
exterior of the VNC, including exhibits within the VNC or on the grounds, facilities,
signage, and seating, telephone and internet service.
1. Contractor’s Obligations. Contractor shall:
(a) Provide all staffing and cover all related costs of wages, contract
labor, benefits, payroll taxes, workers comp, uniforms, cell phones, and other costs
required to run the Programs.
(b) Provide one van for use in transporting staff and Program
participants.
(c) Supply all operating goods such as supplies, food, inventory or retail
items for sale, computer and office supplies, bank and credit card fees, and all other costs
required for all Program operations.
(d) Pay all of the costs to maintain the required licenses from the US
Forest Service and any other permits required for programs offered at the Vail Nature
Center; all such licenses and permits shall be maintained in the name of the Contractor,
but shall revert to the Town of Vail should the Contractor no longer operate Programs at
the Vail Nature Center.
(e) Provide an attendance report for all summer programs to the Town
of Vail at the end of the season.
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AGENDA ITEM NO. 4.4
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Jeremy Gross, Economic Development
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contract Approval for 2024 Special Event Sponsorships over
$50,000.00
SUGGESTED ACTION:Authorize the Town Manager to enter into agreements, on a form
approved by the Town Attorney, for the following events, in the
respective amounts: Vail Comedy Festival - $50,000.00, Gerald R.
Ford Amphitheater - Live Music & Entertainment - $55,000.00, Vail
Farmers Market & Art Show - $57,500.00, Taste of Vail - $60,000.00,
Vail Dance Festival - $65,000.00, Springfree Bluegrass Festival -
$80,000.00, Après at the Amp -$125,000.00, GoPro Mountain Games
- $155,000.00, Bravo! Vail Music Festival - $310,000.00
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - 02-06-2024 Consent Agenda for sponsorship funding agreements cycle 1.docx
25
To:Mayor and Town Council
From:Economic Development Department
Date:02/06/2024
Subject:Council approval for special event sponsorship agreements in excess of $50,000
I.Background
In late 2023 the Economic Development Department presented sponsorship allocation
recommendations to Town Council for events that requested funds during the first RFP cycle.
The events sponsorship proposals were reviewed by the Committee on Special Events and the
Event Funding Committee prior to presentation to Town Council. The following events have
been allocated over $50,000 for sponsorship and need council approval to execute these
agreements.
Vail Comedy Festival $ 50,000.00
Gerald R. Ford Amphitheater - Live Music & Entertainment $ 55,000.00
Vail Farmers Market & Art Show $ 57,500.00
Taste of Vail $ 60,000.00
Vail Dance Festival $ 65,000.00
Springfree Bluegrass Festival $ 80,000.00
Après at the Amp $125,000.00
GoPro Mountain Games $155,000.00
Bravo! Vail Music Festival $310,000.00
II.Action Requested
Authorize the Town Manager to enter into agreements, on a form approved by the Town
Attorney, for the following events, in the respective amounts. Vail Comedy Festival -
$50,000.00, Gerald R. Ford Amphitheater - Live Music & Entertainment - $55,000.00, Vail
Farmers Market & Art Show - $57,500.00, Taste of Vail - $60,000.00, Vail Dance Festival -
$65,000.00, Springfree Bluegrass Festival - $80,000.00, Après at the Amp -$125,000.00, GoPro
Mountain Games - $155,000.00, Bravo! Vail Music Festival $310,000.00
26
AGENDA ITEM NO. 4.5
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Greg Hall, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contact Award to Grimes Service Company for Upgrading
Heating Controls at the Vail Public Library
SUGGESTED ACTION:Authorize Town Manager to enter into an agreement, on a form
approved by the Town Attorney, to Grimes Service Company for
upgrading the Heating Controls at the Vail Public Library, not exceed
$59,685.00.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
council memo Library HVAC control Upgrade.docx
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To:Town Council
From:Public WorksDepartment
Date:1-23 24
Subject: Upgrade the HVAC controls in the Vail Public Library
ITEM/TOPIC Upgrade the HVAC controls at The Vail Public Library
BACKGROUND
The control system for the library HVAC system is obsolete and is no longer
supported by their manufacturer.
An engineering firm is currently designing a new HVAC system for the library
and this control package is designed to work with the new system.
Installing a new control system now will allow for a more efficient use of the
existing system.
A new control system has been proposed by Grimes Service Company. The Town
has a long-working relationship with Grimes, as they have installed all the Town’s
current Direct Digital control systems. This also allows the Town Staff to monitor
building remotely on the same platform. These systems are proprietary, which
makes it important that we use Grimes for this upgrade to ensure that the software is
compatible with existing systems.
ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Grimes Service
Company, in a form approved by the Town Attorney, in the amount of, and not to
exceed $59,685.00.
28
AGENDA ITEM NO. 4.6
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda (5 min.)
SUBJECT:Contact Award to RoadSafe Traffic Systems, Inc. for Town of Vail
Street Striping Services
SUGGESTED ACTION:Authorize Town Manager to enter into an agreement, on a form
approved by the Town Attorney, to RoadSafe Traffic Systems, Inc. for
striping Town of Vail streets, not exceed $68,247.92.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 2-5-24.docx
PSA - Roadsafe Traffic Systems 2024.docx
29
To:Town Council
From:Public Works Department
Date:February 5, 2024
Subject:Vail Roadway Striping Maintenance Contract Award
I.SUMMARY
Each year the Town publicly bids maintenance work for roadway striping for all Town
roads. This work is budgeted within the Capital Street Maintenance budget. This year
the Town received three bids for this work;
RoadSafe Traffic Systems, Inc.$68,247.92
Kolbe Striping, Inc.$74,910.20
Colorado Barricade Co.$77,930.48
The bids received exceed the $50,000 contract award amount and therefore is required
by Town Code to be presented to the Town Council for approval.
II.RECOMMENDATION
Staff recommends awarding the contract to RoadSafe Traffic Systems, Inc in the
amount of $68,247.92 in a form approved by the Town Attorney.
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is
made and entered into this 1st day of February , 2024 (the "Effective Date"), by and
between the Town of Vail, a Colorado home rule municipal corporation with an address
of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and RoadSafe Traffic
Systems, INC, an independent contractor with an address of 7909 S. Chambers Road
Englewood, Colorado 80112, ("Contractor") (each a "Party" and collectively the
"Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite
expertise and experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I.SCOPE OF SERVICES
A.Contractor shall furnish all labor and materials required for the complete and
prompt execution and performance of all duties, obligations, and responsibilities which
are described or reasonably implied from the Scope of Services set forth in Exhibit A see
last page , attached hereto and incorporated herein by this reference.
B.A change in the Scope of Services shall not be effective unless authorized
as an amendment to this Agreement. If Contractor proceeds without such written
authorization, Contractor shall be deemed to have waived any claim for additional
compensation, including a claim based on the theory of unjust enrichment, quantum merit
or implied contract. Except as expressly provided herein, no agent, employee, or
representative of the Town is authorized to modify any term of this Agreement, either
directly or implied by a course of action.
II.TERM AND TERMINATION
A.This Agreement shall commence on the Effective Date, and shall continue
until Contractor completes the Scope of Services to the satisfaction of the Town, or until
terminated as provided herein.
B.Either Party may terminate this Agreement upon 30 days advance written
notice. The Town shall pay Contractor for all work previously authorized and completed
prior to the date of termination. If, however, Contractor has substantially or materially
breached this Agreement, the Town shall have any remedy or right of set-off available at
law and equity.
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III.COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the
Town shall pay Contractor $$68,247.92. This amount shall include all fees, costs and
expenses incurred by Contractor, and no additional amounts shall be paid by the Town
for such fees, costs and expenses. Contractor shall not be paid until the Scope of
Services is completed to the satisfaction of the Town.
IV.PROFESSIONAL RESPONSIBILITY
A.Contractor hereby warrants that it is qualified to assume the responsibilities
and render the services described herein and has all requisite corporate authority and
professional licenses in good standing, required by law. The work performed by
Contractor shall be in accordance with generally accepted professional practices and the
level of competency presently maintained by other practicing professional firms in the
same or similar type of work in the applicable community. The work and services to be
performed by Contractor hereunder shall be done in compliance with applicable laws,
ordinances, rules and regulations.
B.The Town's review, approval or acceptance of, or payment for any services
shall not be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement.
C.Because the Town has hired Contractor for its professional expertise,
Contractor agrees not to employ subcontractors to perform any work under the Scope of
Services.
D.Contractor shall at all times comply with all applicable law, including without
limitation all current and future federal, state and local statutes, regulations, ordinances
and rules relating to: the emission, discharge, release or threatened release of a
Hazardous Material into the air, surface water, groundwater or land; the manufacturing,
processing, use, generation, treatment, storage, disposal, transportation, handling,
removal, remediation or investigation of a Hazardous Material; and the protection of
human health, safety or the indoor or outdoor environmental, including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§ 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. §
1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.
("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water
Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act;
the Occupational Safety and Health Act; all applicable environmental statutes of the State
of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions,
codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or
material, in effect now or anytime hereafter.
V.OWNERSHIP
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Any materials, items, and work specified in the Scope of Services, and any and all
related documentation and materials provided or developed by Contractor shall be
exclusively owned by the Town. Contractor expressly acknowledges and agrees that all
work performed under the Scope of Services constitutes a "work made for hire." To the
extent, if at all, that it does not constitute a "work made for hire," Contractor hereby
transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display,
reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such
work without providing notice to or receiving consent from Contractor; provided that
Contractor shall have no liability for any work that has been modified by the Town.
VI.INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of
this Agreement, all personnel assigned by Contractor to perform work under the terms of
this Agreement shall be, and remain at all times, employees or agents of Contractor for
all purposes. Contractor shall make no representation that t is a Town employee for any
purposes.
VII.INSURANCE
A.Contractor agrees to procure and maintain, at its own cost, a policy or
policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by Contractor pursuant to this Agreement. At a minimum,
Contractor shall procure and maintain, and shall cause any subcontractor to procure and
maintain, the insurance coverages listed below, with forms and insurers acceptable to the
Town.
1.Worker's Compensation insurance as required by law.
2.Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision,
and shall include the Town and the Town's officers, employees, and contractors
as additional insureds. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
3.Professional liability insurance with minimum limits of $1,000,000 each
claim and $2,000,000 general aggregate.
B.Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended
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reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees or its contractors shall be excess and not
contributory insurance to that provided by Contractor. Contractor shall be solely
responsible for any deductible losses under any policy.
C.Contractor shall provide to the Town a certificate of insurance as evidence
that the required policies are in full force and effect. The certificate shall identify this
Agreement.
VIII.INDEMNIFICATION
A.Contractor agrees to indemnify and hold harmless the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns from and against
all claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from bodily
injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this
Agreement if such injury, loss, or damage is caused in whole or in part by, the act,
omission, error, professional error, mistake, negligence, or other fault of Contractor, any
subcontractor of Contractor, or any officer, employee, representative, or agent of
Contractor, or which arise out of a worker's compensation claim of any employee of
Contractor or of any employee of any subcontractor of Contractor. Contractor's liability
under this indemnification provision shall be to the fullest extent of, but shall not exceed, that
amount represented by the degree or percentage of negligence or fault attributable to
Contractor, any subcontractor of Contractor, or any officer, employee, representative, or
agent of Contractor or of any subcontractor of Contractor.
B.If Contractor is providing architectural, engineering, surveying or other design
services under this Agreement, the extent of Contractor's obligation to indemnify and hold
harmless the Town may be determined only after Contractor's liability or fault has been
determined by adjudication, alternative dispute resolution or otherwise resolved by mutual
agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).
IX.MISCELLANEOUS
A.Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
B.No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
C.Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
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D.Third Parties. There are no intended third-party beneficiaries to this
Agreement.
E.Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
F.Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G.Modification. This Agreement may only be modified upon written
agreement of the Parties.
H.Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
I.Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
J.Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit the Town's legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or defectively
performed.
K.Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
L.Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, which
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war,
labor disputes, forces of nature, the authority and orders of government or pandemics.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
__________________________________
Stephanie Bibbens, Town Clerk
CONTRACTOR
By:________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2024, by ____________________________ as
_________________ of ________________________.
My commission expires:
(S E A L)________________________________
Notary Public
36
7
2/1/2024
C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF
8\@BCL@1C0B2FB5\@BCL@1C0B2FB5.DOCX
EXHIBIT A
SCOPE OF SERVICES
Contractor's Duties
Striping the streets for the Town of Vail between June
17th and no later than June 30th, 2024, with weather
pending with epoxy paint.
During the term of this Agreement, Contractor shall perform the following duties,
as directed by the Town:
Striping 2023New
Measurements
Double Yellow
8''
White 4'' White
East end Vail valley drive/Sunburst DR 4,924 3,014 1,988
West end Vail valley Dr 3,524
Vail Road 2,904 81 30
East Lionshead Circle 1,906 955
West Lionshead Circle 2,096 15
West Haven Dr/Cascade 2,050 53
Dononvan Park 228 246
Alpine 128
Chamonix lane 8,200
Chamonix Road 1,400
Lions Ridge Road 1,318
Red Sandstone Drive 3,892
Red sansdstone School 128 405
Upper Spraddle creek 3,042
West Gore Creek 4,600
Spraddle creek 596
Fall Line Road 2,670
Big Horn Road 23,202 17,141 1,859
Potato Patch 4,068
Kinnickinnick 4,500
Main Gore Drive 1,500
Lionshead Parking structure Entrance 330
Booth Falls road 1,977
Town Shops 1,622
Total 60,028 21,910 24,654
37
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8\@BCL@1C0B2FB5\@BCL@1C0B2FB5.DOCX
Contractor's Deliverables
In performance of the duties described above, Contractor shall deliver the following
items to the Town, during the timeframes established by the Town:
38
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Town Manager Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
TM Update 012624.docx
39
Town Managers Update
February 6, 2024
1. Strategic Goals & Actions
The dates for the strategic planning meeting are February 26 and 27th in the Grand View room.
2. Legislative Update
Does the Council want to take a position on SB24-033 related to property tax on short term rentals.
This bill would impact the availability of short-term rentals in the Town of Vail and could significantly
impact lodging properties that are condominiums and operate like a lodging property. There are also
arguments for the bill in terms of reducing the growth of STRs. CML is watching this bill and the Vail
Valley partnership is taking a strong position of opposition. Would Council want to receive a
presentation on this bill and any other bills that are moving through the state legislature?
3. Commission on Special Event
Nick Connover stepped down from the committee on special events in January. With this
opening occurring during the CSE's second funding cycle, it was suggested that a council
member might join the next meeting(s). This would be a onetime substitution for this second
funding cycle.The next meetings are on Feb 7
th and 8th. If there is not interest from Council the
remaining members will meet and consider applications.
Wednesday, February 7, 8:30-12:30 am. Sponsorship presentations from event
producers.
Thursday, February 8, 8:30-11:30 am. CSE meeting to review scorecards and
recommend sponsorship amounts.
4. Other
There may be other topics the Town Manager needs to share with the Town Council.
40
Town of Vail Page 2
PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
CATEGORY GOALS NEXT STEPS WHO
Housing The Town of Vail will acquire
1,000 additional resident
housing deed restrictions by
the year 2027 as compared to
2017. By October 1, 2023:
1.Complete the
Residences at Main Vail.
2.Initiate the entitlement
process for the Timber
Ridge and West Middle
Creek housing
developments.
3.Acquire the East Vail
CDOT parcel and initiate
the design process.
4.Initiate the acquisition
process for one
additional parcel of land
to create a significant
regional housing
development.
5.Amend the commercial
linkage requirements and
adopt residential linkage
1. Residents moved into RMV on September 1st, 20223.
2. A development agreement has been executed with
Triumph development for 290+ units at Timber Ridge and
this application are working its way through the development
review process and we are on track for a May 1, 2024
construction start.
3. The Town received 10 proposals for creating a housing
project at West Middle Creek and at the Councils direction,
staff is negotiating a contract with Corum Development.
4. The Town is under contract to purchase 3 CDOT parcels
including the east Vail parcel, land adjacent to West Middle
Creek housing site, and the Timber Ridge housing project.
5. TOV and other stakeholders have begun working with the
State Land Board on the Dowd Junction property.
We are on track to exceeding this goal.
Housing Director lead,
supported by Town
Manager & Deputy
Manager, Finance
Dept, Public Works,
Com Dev, Econ Dev
Civic Hub and
Town Hall
By November 1, 2023:
Determine a program,
budget, and critical path
to renovate Dobson Ice
Arena so that it will
continue to serve Vail for
another 40 to 50 years.
By no later than September 1
of 2024, (Modified by council
on July 18, 2003)
the town will Determine
whether to renovate or
relocate Town of Vail
offices and if relocated
determine best
location(s), a budget, and
a timeline for relocation
or renovation and
determine the preferred
community uses to be
developed at the Civic
Hub. “
Dobson: The Populus design team is on schedule for
completing a schematic design for Dobson. Staff is working
on a RFQ to solicit development companies to partner on
this project.
Town Hall/Civic Center: The Town has picked a consultant
team to complete the scope of work to achieve the second
part of this goal. A steering committee has also been
chosen to provide recommendations on this project to the
Council as this project moves forward. Contract awarded
to 4240/Design Workshop/EPS to conduct spatial,
floor planning, and economic analysis on Civic Hub
site, Municipal Complex, and Public Works Site
Public Works Director -
Dobson/ Town
Manager & Com Dev
Director, Econ Dev
Excellent
Customer
Service
By November 1, 2023:
Create a clear definition
for providing excellent
customer service to our
residents and guests for
town services and a
means of measuring to
what degree we are
providing excellent
customer service.
Identify and implement
metrics for objectively
measuring organizational
The goal is to create clear standards for customer service
related to our residents, guests, and internal customer
service. This has turned into a more complex project since
goals need to be accompanied with metrics. On November
7th, staff will provide a framework for achieving this goal. Full
implementation of this goal will occur in 2024. On
November 7th Council reviewed high level goals for this
project and a framework for measuring those goals. There
was general acceptance of the proposed next steps.
Town Manager and
Leadership Team
41
Town of Vail Page 3
effectiveness and health
so that a baseline is
developed which can be
improved on in future
years.
Land Use
Regulations
Support Town
Goals
By November 1, 2023:
Review and analyze Title 12
Zoning, the Official Zoning
Map, Title 14 Development
Standards, and other
pertinent land use policy
language including the Town
of Vail Comprehensive Plan.
Bring forward
recommendations for
amendments to help foster
the creation of affordable
housing and improved
efficiency of the development
review process.
Staff has completed an extensive set of recommendations to
align the zoning code and administrative policy with the goal
of creating affordable housing and these recommendations
have been implemented or adopted by the Town Council.
Examples of implementation include creating two affordable
housing zone districts that provide flexibility for future
housing project sand greater predictability by being more
prescriptive with standards (versus a negotiation).
Community
Development Director,
Public Works Director,
Fire Chief
The following is an update on the 26 Council priority actions identified in 2022:
Vail Town Council Action Plan
PROJECT MILESTONE UPDATES POINT of
CONTACT
COMMUNITY
West Vail
Master Plan
Implementation
Phase 1, Housing: Implementation of recommendations in
Chapter 3, WVMP.Ordinance No. 19 adopted 10/07/23
May 2022 – October 2023.
Phase 2, Commercial (West Vail Center): Implementation of
recommendations in Chapter 2, WVMP. Overview and proposed
next steps, December 2023.
Phase 3, Transportation & Mobility: Implement recommendations
in Chapter 4, WVMP.
Coordinate implementation timeline in context of town-wide
Transportation Master Plan.
Matt Gennett,
Community
Development
Director
Timber Ridge
Apartments
Redevelopment
Contract executed with Triumph Development to build Timber
Ridge II.
Aug. 1, 2023: Updated market study, design development, and
entitlement approval process to redevelop Timber Ridge Village
Apartments.
Final approvals are being obtained from the PEC and DRB.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased
occupancy.
George Ruther,
Director of Housing
Ford Park
Master Plan
Amendments
Ford Park Master Plan Amendments. An update was provided to
Town Council on July 18 and the plan was approved by Council on
Nov.7th. The plan has many elements with potential for
implementation over several years, dependent upon funding and
prioritization. The Ford Park Operating Committee will be formed and
begin meeting in early 2024 with the purpose of recommending items
for implementation to Town Council.
Todd
Oppenheimer,
Capital Projects
Manager
Short Term
Rental Policy
Amendments
Jan. 1, 2023
Effective implementation date of Ordinance No. 11, Series of 2022.
Feb. 28, 2023
STR license renewal deadline.
Carlie Smith,
Finance Director
42
Town of Vail Page 4
Early Childhood
Initiatives
Funding in 2023 ($250,000) for Council supported areas including:
Community Tuition Assistance - ongoing grants for incomes
below 450% of federal poverty
Workforce Retention – grants to 2 programs for 2023
Expansion and Sustainability of ECE programs
– infant subsidy and facility/lease support
– pursuing expansion opportunities via in-home and/or new
spaces
Capital support – facility maintenance support ongoing & future
capital support TBD
Krista Miller,
Human Resources
Director
Permanent
Location for
Children’s
Garden of
Learning
Lease at temporary location expires 2026 or earlier pending 180
days’ notice. Staff are working to identify potential sites.
Matt Gennett,
Community
Development
Director
Kathleen Halloran,
Deputy Town
Manager
Wildland Urban
Interface Code
Amendments
May 2023
Town Council update on 2022 Fire Free Five grant program.
May-October 2023
Implement 2023 Fire Free Five grant program.
Spring 2024 Fire Free Five code adoption consideration.
Mark Novak, Fire
Chief
ENVIRONMENT
USFS Booth
Creek Fuels
Reduction
Project
July 2023 USFS Record of Decision issued.
Winter 2023/2024
Identify costs and funding sources.Cultural clearance.
2024-2030
Implementation - timeline is variable due to external factors.
Mark Novak, Fire
Chief
Identify
Alternative Fuel
Solutions
2022 - First boiler replacement operational. Collecting data on usage.
Town is under contract with the Grey Edge Group, to study feasibility
of a networked geothermal system for decarbonizing the snowmelt
system. Experts toured Vail infrastructure on May 8th.
Kristen Bertuglia,
Enviro mental
Sustainability
Director
Sustainable
Strategic Plan
Jan. – Dec. 2023 Kristen Bertuglia,
Environmental
Sustainabilty
Director
Wildlife Crossing
at Dowd
Junction
Feasibility and design RFP in 2023 to identify additional crossing
opportunities in addition to Dowd.
Kristen Bertuglia,
Environmental
Sustainability
Director
Global
Friendship |
Peer Resort
Exchange
Programming
Staff to present a Global Friendship and Peer Resort proposed plan
to town council in Q1, including existing relationships and exploring
future visits to share best practices and learn from leading
destinations. 2024
Mia Vlaar,
Economic
Development
Director.
Kristen Bertuglia,
Environmental
Sustainability
Director
Cultural Heritage
Preservation &
Programs
2023 Budget is $25,000.
March 21, 2023 – Resolution No 4 passed for the Naming or
Commemoration of town-owned properties. Town’s website has
been updated to include an online application.
Partner on Trailblazer Award process.
Continued work in 2023 - Summervail Archives (on hold for now,
need to reconnect with their team) ; Vail Valley Voices (ongoing
project with many more oral histories still to be captured) ;
Lori A. Barnes,
Director of Library
Services
43
Town of Vail Page 5
Library’s 40th Anniversary (celebration was first announced in
March ; historic display on Hauserman table through the summer,
Galleria display exhibit opened in August; July 4th Book ‘n Bake
Sales (Theme is “This Library is Your Library – 40 Years Strong”)
; Eagle County celebrates 140 years (Library hosted the traveling
photography exhibit in April) ; CHC website has been further
updated to include cultural initiatives from other departments ;
CHC committee meets bimonthly.
Open Lands
Plan
2022-2028 - Biodiversity study to kick off in late summer 2022. Field
work began June 15
Kristen Bertuglia,
Environmental
Sustainability
Director
Building Code
Regs & Climate
Action Plan
Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with
additions for solar and EV readiness 2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy
uses/snowmelt offset program. Solar RFP responses received,
contract to be completed June 20.
Matt Gennett,
Community
Development
Director
ECONOMY
2. Dobson and
Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for
Dobson; by November 2024 determine location for Town Hall
services.Dobson:Architect/design firm and owner’s rep presented
conceptual designs for Dobson Ice Arena renovations during a Joint
meeting with VRD and Town Council on July 18. Conceptual designs
were adjusted based on feedback. Town Council presentation on
August 1st responding to seating capacity questions and asking to
continue moving forward with the recommended design and funding
plan. August 15th contract for schematic design awarded to Populous
team and moving forward with the $55M option. Schematic design
was presented to Town Council on Dec 5.
Civic Area – Contract awarded to 4240/Design Workshop/EPS to
conduct spatial, floor planning, and economic analysis on Civic Hub
site, Municipal Complex, and Public Works Site.
Matt Gennett,
Community
Development
Director
Greg Hall, Public
Works Director
4. Zoning
Review
Propose changes to zoning regulations to enhance or encourage
workforce housing: Ordinance No. 17 approved on 09/19/23 which
allows development on steep slopes in H district. First reading of
Ordinance Nos. 24 & 25 on 11/07/23 to make certain strategic
amendments to the H district and allow higher retaining wall heights
for housing development in the proposed H and H2 zone districts.
Matt Gennett,
Community
Development
Director
Special Events
Funding Model
Alternatives
Initiative
As part of the reimagining and restructure of the economic
development department as a destination marketing organization
(DMO), special events strategy and funding will be explored in Q2.
Carl Ribaudo is providing consulting services to address the town’s
reorganization into a Destination Marketing Organization including
marketing, special events, welcome centers, and business
development.
Mia Vlaar,
Economic
Development
Director
Vail’s
Stewardship
Roadmap
Adoption of plan by resolution by Vail Town Council occurred in
August, 2023 and initial implementation was built into deaprtmetn
budgets. An RFP has been published to engage a destination
stewardship consultant to support the implementation of the plan and
community adoption in 2024.i
Mia Vlaar,
Economic
Development
Director
Next Steps for
TIF Funding
Estimated funds available between 2022 and 2030 total
approximately $45 million. Timeline: 3 - 5 years
Current plan is to use remaining $45M toward the $55M Dobson Ice
Arena renovations.
Kathleen Halloran,
Deputy Town
Manager
Economic
Development
Following the reimagining and restructuring of the department as a
destination marketing organization (DMO), the economic
Mia Vlaar,
Economic
44
Town of Vail Page 6
Strategic Plan
Update
development strategic plan will be wrapped into the overall new TOV
Strategic Plan set for development in 2024.
Development
Director
EXPERIENCE
3. Excellent
Customer
Service
By November 1, 2023, achieve the following:
Create a clear definitions of excellent customer service to our
residents and guests and a means of measuring to what degree
we are providing excellent customer service.
Identify and implement a metric for objectively measuring
organizational effectiveness and health so that a baseline is
developed which can be improved on in future years.
Presentation to Town Council November 7 of a high-level summary
for implementation of Excellent Customer Service Plan. November 7
also includes a presentation by RRC & Associates with the summary
results of post-visit guest surveys from Winter ‘22/’23 and Summer
‘23.
Kathleen Halloran,
Deputy Town
Manager
Go Vail 2045 –
Vail Mobility &
Transportation
Master Plan
July 2022 – May 2024.
Completed existing conditions public outreach/analysis and Noise
Study update. Team is in the process of drafting initial
recommendations which will be presented to the public and Council
this summer for initial comment and feedback. Presentations made
to Town Council August 1, August 15; Oct 17, and Dec 19. An
overview summary of these presentations will be coming in early
2024.
Tom Kassmel,
Town Engineer
Public Works
Shops
Expansion and
Access
Improvements
March 2021 – June 2022. - Access Improvements: Engaged design
team to provide a scope to provide additional steps to provide access
to the upper level of the public works shop building.
Greg Hall, Public
Works Director
E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began. Council was updated on
May 16th on the success of the program and lessons learned. Town
Council passed an ordinance in October for an expansion of the
program to include large couriers such as FedEx/UPS. The town is
currently fighting a request for a Temporary Restraining Order by
these two carriers.
Ryan Kenney,
Police Commander
Regional
Transportation
Ballot measure passed in Nov. 2022. Town Council member Barry
Davis is serving as the town’s representative on the RTA board. This
first year will be spent establishing the new RTA.The RTA provided
an update to Town Council on August 1
st
Public Parking
Initiatives
New parking rates and passes were implemented at the start of the
2022/23 winter season. On April 18, Town Council approved
recommendations by the Parking Task Force to implement changes
to summer parking overnight rates and event parking rates at Ford
Park. Parking Task force met July 21 to continue discussions for the
upcoming winter parking program. Town Council approved the winter
parking plan on August 15th. Parking Task Force set to meet in the
coming month to recap the summer parking program and learnings
from new initiatives (carpool, etc)
Greg Hall, Public
Works Director
Guest
Experience
Initiatives
PrimaVail and PrimaService programming will continue through
winter season
Mia Vlaar,
Economic
Development
Director
45
Town of Vail Page 7
46
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:February 6, 2024
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Matters
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
240206 Matters.docx
47
COUNCIL MATTERS
Status Report
Report for February 6, 2024
Town Council praised the local workforce making this winter an incredible
experience: snowplow drivers, street cleaners, liftees, and the many TOV staff
working during the I-70 closure!
Town Council also noted an improvement in enforcement of drop off activity at
Hanson Ranch Road.
Social Media Listening
Here is the link: https://share.sproutsocial.com/view/e1be6afc-c3f4-493a-be6a-fcc3f4893abb
Unsurprisingly, overall volume and impressions have dropped compared to the busy holiday period. The
spikes in volume mid-month centered around the crazy storm system that brought incredible conditions
while snarling I-70. Late January’s biggest impressions and engagements came from posts around the
Habitat for Humanity partnership.
For the Vail Gov channels, it’s great to see posts around the Winterfest ice installation, Pepi’s tribute,
Town Council ski day and preview video by Mayor Coggin were our top posts by impressions:
48
In the News______________________________________________________
Jan. 10
Housing Topics for Legislative Session
https://www.vaildaily.com/news/vail-area-lawmakers-outline-housing-policy-priorities-in-new-
legislative-session/
49
Jan. 11
Winterfest
https://www.vaildaily.com/news/17th-annual-vail-winterfest-revealed-along-gore-creek/
Jan. 12
Loading & Delivery Appeal
https://www.law360.com/competition/articles/1785492/colo-ski-town-takes-vehicle-ban-
injunction-to-10th-circ-
Jan. 16
Loading & Delivery Appeal
https://www.vaildaily.com/news/vail-appeals-court-injunction-on-enforcing-its-ban-of-ups-fedex-
and-dhl-vehicles-in-villages/
A Better Way to Heat Streets - letter
https://www.vaildaily.com/opinion/letter-a-better-way-to-heat-vails-streets/
Jan. 17
Pedestrian Safety Pilot
https://www.vaildaily.com/news/vail-selects-location-to-pilot-pedestrian-safety-improvements/
Jan. 20
Lunch with the Locals
https://www.realvail.com/adventure-swimmer-to-speak-at-free-lunch-with-the-locals-event-in-
vail/a18273/
Jan. 22
Multijurisdictional Housing Authority
https://www.vaildaily.com/news/eagle-county-housing-authority/
Jan. 23
I-70 Closures
https://www.vaildaily.com/news/vail-pass-closure-blizzard/
Jan. 24
Housing Collaboration
https://www.vaildaily.com/news/eagle-county-affordable-housing-subsidy/
Jan. 28
Habitat Homes
https://www.denver7.com/news/local-news/habitat-for-humanity-vail-valley-to-break-ground-on-
homes-in-the-town-of-vail-in-2025
Habitat Partnerships - opinion
https://www.vaildaily.com/opinion/habitat-for-humanity-harnessing-the-power-of-partnerships/
Bighorns are Back - letter
https://www.vaildaily.com/opinion/letter-the-bighorns-are-back-whew/
50
Upcoming Dates
March 5 Annual Community Meeting: Donovan Pavilion 4:30pm
51
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:February 6, 2024
TIME:15 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Resolution
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 07, Series of 2024, A Resolution Supporting
Passage of the Bolts Ditch Act
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 07,
Series of 2024.
PRESENTER(S):Siri Roman, General Manager of Eagle River Water & Sanitation
District
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Vail Town Council memo re Resolution supporting Bolts Ditch Act.pdf
Resolution No. 07, Series of 2024.docx
52
M E M O R A N D U M
TO: Vail Town Council
FROM: Siri Roman, General Manager
DATE: January 31, 2024
RE: Resolution supporting passage of the Bolts Ditch Act
Thank you for your consideration of a Resolution supporting passage of the Bolts Ditch Act. On behalf of
the 50,000 local customers of the Eagle River Water & Sanitation District and the Upper Eagle Regional
Water Authority, we appreciate your support.
The Bolts Ditch Act was introduced on June 22, 2023, in the U.S. House of Representatives by Rep. Joe
Neguse (H.R.4297) and the U.S. Senate by Sen. Michael Bennet (S.2156). This legislation would amend
the John D. Dingell, Jr. Conservation, Management, and Recreation Act (“Dingell Act”) to authorize the
District and Authority to conduct maintenance work on Bolts Ditch and the Bolts Ditch Headgate within the
Holy Cross Wilderness.
As the Town Council is aware, the District and Authority purchased the Bolts Lake property in Minturn to
construct and operate a 1,200 acre-foot water storage reservoir. Bolts Lake Reservoir will be critical to
provide sustainable water supplies for our region. In turn, Bolts Ditch will be an essential filling source for
this new reservoir.
When the Holy Cross Wilderness was originally designated in 1980, Bolts Ditch was mistakenly included
within the wilderness boundary. While the Bolts Ditch diversion structure is only 450 feet within the Holy
Cross boundary, the wilderness designation prevented the continued use, maintenance, and repair by
any entity.
In 2019, the Town of Minturn sought a narrow wilderness exemption to rehabilitate Bolts Ditch as part of
its municipal water system. A provision was included in the Dingell Act directing the Secretary of
Agriculture to issue a special use authorization to the town of Minturn for non-motorized access and use
for the purposes of the diversion of water and use, maintenance, and repair of Bolts Ditch and the Bolts
Ditch headgate.
The District, Authority, and Minturn are collectively seeking to expand the Act to include the District and
Authority as additional governmental entities that may also use, maintain, and repair the Bolts Ditch and
its headgate. The Bolts Ditch Act is a simple amendment to the Dingell Act explicitly granting the District
and Authority the same access as the Town of Minturn. The passage of the Bolts Ditch Act will make the
redevelopment of Bolts Lake, and all its benefits, possible.
Thank you for your consideration of this Resolution supporting passage of the Bolts Ditch Act.
53
RESOLUTION NO. 07
Series of 2024
A RESOLUTION SUPPORTING PASSAGE OF THE BOLTS DITCH ACT
WHEREAS, the Town of Vail receives water and sanitation services from the
Eagle River Water & Sanitation District (the “District ); and
WHEREAS, the District is adjudicating water rights and has purchased land in
order to construct and operate a 1,200 acre-foot water storage reservoir called Bolts
Lake; and
WHEREAS, once constructed, Bolts Lake will provide sustainable in-basin water
supplies for the region, as well as additional recreational opportunities to support the
western slope’s recreation-based economy; and
WHEREAS, Bolts Ditch is an essential filling source for Bolts Lake; and
WHEREAS, Section 1101 of Public Law 116-9, the John D. Dingell, Jr.
Conservation, Management, and Recreation Act, allows Bolts Ditch to be operated
within the Holy Cross Wilderness area for diversion of water and use, maintenance, and
repair of the Bolts Ditch and headgate, but restricts use, maintenance, and repair
authority exclusively to the Town of Minturn; and
WHEREAS, the District, the Upper Eagle Regional Water Authority (the
“Authority”) and the Town of Minturn are collectively seeking to expand Public Law 116-9
to include the District and Authority as additional governmental entities that may also
use, maintain, and repair the Bolts Ditch and its headgate; and
WHEREAS, the Bolts Ditch Act, introduced on June 22, 2023, in the U.S. House
of Representatives by Rep. Joe Neguse (H.R.4297) and the U.S. Senate by Sen.
Michael Bennet (S.2156), seeks to authorize the District and Authority to be eligible to
complete the maintenance work on Bolts Ditch and its headgate within the Holy Cross
Wilderness, Colorado.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town of Vail hereby supports the immediate passage of the Bolts
Ditch Act as introduced to facilitate the construction and operation of Bolts Lake by the
District and Authority.
54
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town of
Vail Town Council held this 6th day of February, 2024.
______________________________
Travis Coggin, Town Mayor
ATTEST:
___________________________
Stephanie Bibbens, Town Clerk
55
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:February 6, 2024
TIME:5 min.
SUBMITTED BY:Greg Roy, Community Development
ITEM TYPE:Ordinance
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 01, Series of 2024, First Reading, An Ordinance
Amending Section 7 of Ordinance No. 22, Series of 2023
Regarding the Effective Date of the Ordinance
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 01,
Series of 2024, upon first reading.
PRESENTER(S):Greg Roy, Planning Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Ord No. 1 Series of 2024 Staff Memo.pdf
Ordinance No. 1 Series of 2024.pdf
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TO: Town Council
FROM: Community Development Department
DATE: February 6, 2024
SUBJECT: First reading of Ordinance No. 1, Series of 2024, an ordinance amending Section
7 of Ordinance No. 22, Series of 2023 regarding the effective date of the ordinance.
Applicant: Town of Vail
Planner: Greg Roy, Planning Manager
I. SUMMARY
The applicant, Town of Vail, is requesting a change to the effective date of zone district
boundary amendment, to designate Housing District zoning to a previous portion of CDOT
right-of-way that has no zoning designation.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
1, Series of 2024 on first reading.
III. DESCRIPTION OF REQUEST
This application proposes to amend the effective date of the designation of the zoning of
the portion of CDOT right-of-way being incorporated into Timber Ridge Subdivision Lot 1
as Housing. The area of right-of-way to be added to Lot 1 does not currently have a zoning
designation as zoning is not applied to right -of-way. As this property is proposed to be
incorporated into Lot 1 with the Minor Subdivision application (PEC21-0010), a consistent
zoning designation is needed.
A. Ordinance No. 1, Series of 2024
IV. BACKGROUND
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Town of Vail Page 2
The subject property is a portion of the CDOT right-of-way that is proposed to be included
as part of the Timber Ridge Subdivision with the Minor Subdivision application (PEC21 -
0010). The plat to incorporate this area into Lot 1 has not been recorded to da te, and the
effective date of the zoning designation needs to be amended to ensure appropriate time
to allow the plat to be recorded prior to zoning taking effect. Currently the zoning will take
effect on March 1, 2024 and the proposed ordinance would amen d the date to April 1,
2024.
As the Town is currently not the owner of this property, CDOT has given permission for
the Town to enter the entitlements process. Right-of-way does not carry a land use
designation and is not assigned a zone district. Since this property is proposed to be
incorporated into the greater Lot 1 of Timber Ridge Subdivision, the property needs to be
assigned a land use and a zoning designation. For consistency, the proposed High
Density Residential land use and Housing zone district will result in uniform land use and
zoning designations.
In 2013 the property was subdivided into two lots and the eastern portion of the property
was redeveloped. In this process, 102 apartments were demolished and replaced with
113 new units. The western portion of the property that is the subject of this application
has remained largely the same since it was constructed with only minor changes to the
building and site.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 1, 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.1, Series
of 2024, an ordinance amending Section 7 of Ordinance No. 22, Series of
2023 regarding the effective date of the ordinance.”
Should the Vail Town Council choose to approve Ordinance No. 1 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
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Town of Vail Page 3
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.”
Vl. ATTACHMENTS
A. Ordinance No. 1, Series of 2024
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ORDINANCE NO. 1
SERIES 2024
AN ORDINANCE AMENDING SECTION 7 OF ORDINANCE NO. 22,
SERIES OF 2023 REGARDING THE EFFECTIVE DATE OF THE
ORDINANCE
WHEREAS, on November 21, 2023 the Town Council gave final approval to
Ordinance No. 22, Series of 2023 (“Ordinance 22”), which is a rezoning of a portion of Lot
1, Timber Ridge Subdivision from undesignated to Housing (H);
WHEREAS, Ordinance 22 has an effective date of March 1, 2024; and
WHEREAS, the Town Council desires to change the effective date of Ordinance
22 to April 1, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7 of Ordinance 22 is hereby amended to read as follows:
Section 7. This ordinance shall take effect on April 1, 2024.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not 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 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2024 and a
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2/1/2024
public hearing for second reading of this Ordinance set for the 20th day of February, 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 20th day of February, 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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