HomeMy WebLinkAboutagenda.council.regular.202003241
AGENDA
CITY COUNCIL REGULAR MEETING
Amended packet as of March 20th, 2020
March 24, 2020
5:00 PM, City Council Chambers
130 S Galena Street, Aspen
I.CALL TO ORDER
II.ROLL CALL
III.SCHEDULED PUBLIC APPEARANCES
IV.CITIZENS COMMENTS & PETITIONS
(Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please
limit your comments to 3 minutes)
NOTICE REGARDING PUBLIC PARTICIPATION
Attendance at the Council meeting will be limited to comply with ten (10) person maximum for
meeting participation. Sister Cities room next to Council Chambers will be available for ten
(10) people to view the meeting. Anyone who is symptomatic for COVID-19 will be asked to
leave immediately.
Individual members of the public wishing to participate remotely may submit a request to
comment via telephone by providing notice to the Clerk’s Office for the City of Aspen by phone
or email, 970-920-5001 or citizencalls@cityofaspen.com at least fifteen (15) minutes prior to
the commencement of the meeting. Such individuals will then be provided a call-in telephone
number, which each individual must call no later than five minutes prior to the commencement
of the meeting. The individual wishing to comment shall wait on the call-in line to comment until
called on by the mayor.
V.SPECIAL ORDERS OF THE DAY
a) Councilmembers' and Mayor's Comments
b) Agenda Amendments
c) City Manager's Comments
d) Board Reports
VI.CONSENT CALENDAR 1
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(These matters may be adopted together by a single motion)
VI.A.Resolution #018, Series of 2020 - Colorado Water Conservation Board Grant
Acceptance and Contract Award to Western Water Partnerships – Alternative
Transfer Method Project
VI.B.Resolution #022, Series of 2020 - Wheeler Opera House Infrastructure &
Modernization Phase 1 Scope
VI.C.Resolution #024, Series of 2020 - Amendment Extension for Publicis Sapient Annual
On-Demand Support Contract
VI.D.Resolution #025, Series of 2020 - Emergency Response Appropriations
VI.E.Draft Minutes of March 10th & 13th, 2020
VII.NOTICE OF CALL-UP
VIII.ACTION ITEMS
IX.FIRST READING OF ORDINANCES
X.PUBLIC HEARINGS
X.A.Ordinance #02, Series of 2020 - Continuation of 949 W. Smuggler
X.B.Ordinance #03, Series of 2020 - Continuation of Adoption of Wireless
Communications Facilities Design Guidelines and Related Amendment to the Land
Use Code Chapter 26.505; Wireless Communication Facilities and Equipment
XI.ADJOURNMENT
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MEMORANDUM
TO:Mayor and City Council
FROM: Raquel Flinker, Interim Utilities Portfolio Manager
THROUGH:Tyler Christoff, Director of Utilities
MEMO DATE:03/16/2020
MEETING DATE:03/24/2020
RE:Colorado Water Conservation Board Grant Acceptance and Contract
Award to Western Water Partnerships – Alternative Transfer Method
Project (Resolution #018, Series of 2020)
REQUEST OF COUNCIL: The City of Aspen has received a $183,356.00 grant from the Colorado
Water Conservation Board (CWCB) for the evaluation of water-sharing projects to help increase
the reliability of the City of Aspen’s municipal water supply, increase environmental flows, and
promote agricultural viability. Western Resource Advocates is contributing $15,000 and the City
of Aspen is also contributing $15,000 of matching funds. Staff is requesting acceptance of this
grant and consent to execute an agreement with Western Water Partnerships in the amount of
$213,356.00 for the development of this project.
BACKGROUND:The City of Aspen operates a water utility that supplies customers both inside
and outside the municipal boundary. Aspen obtains its water supply primarily from the surface
water sources of Castle Creek and Maroon Creek. Aspen has adopted a policy to maintain
streamflows in the creeks downstream of its diversion structures at flow rates at or above the
Colorado Water Conservation Board’s decreed instream flow rights for the protection of the
fishery and the associated aquatic habitats in those streams.
In 2017, Western Resource Advocates (WRA) and the Wilderness Workshop (WW), both
conservation nonprofits, began discussing alternative ways for the City of Aspen to meet future
water needs. Those conversations led to this project which involves the evaluation of voluntary
and compensated agreements with irrigators as a possible temporary option for meeting
municipal water needs and improving streamflows.
DISCUSSION: The objective of this project is to identify and evaluate opportunities for
voluntary water sharing agreements with agricultural producers in the Roaring Fork Valley to
increase the reliability of the City’s municipal water supply and/or enhance stream flows in the
Upper Roaring Fork River and key tributaries. The concepts could include, among other
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possibilities, an interruptible water supply agreement, partial year irrigation, and/or deficit
irrigation.
Colorado’s Water Plan identifies Alternative Transfer Methods (ATMs) as an important strategy
to help offset the increasing pressures on agricultural water rights through voluntary water
sharing agreements that respect property rights and offer an alternative to permanent
agricultural dry-up. Designed properly, ATMs can increase an agricultural producer’s profits in a
given year while helping reduce demands on a water system, resulting in “win-win”
agreements. While several ATM projects have been implemented in Colorado, this would be
the first ATM designed for a West Slope headwaters municipality. Considering this, the project
will identify the unique challenges and opportunities presented by the area’s geography, water
rights and hydrology.
In addition, the project will begin to investigate opportunities to increase supplies in the
Roaring Fork Valley through water sharing agreements with East Slope water users that are
currently diverting water out of the basin. Considering the complexity of any such water
sharing agreement, the team will identify potential partners and facilitate meetings to discuss
potential water sharing concepts. The team will summarize any potential water sharing
opportunities.
Through previous studies, it has been determined that the City’s municipal water supplies are
vulnerable and would benefit from additional firming. To illustrate this need, the City’s current
storage capacity is less than a day’s municipal demand. When factoring in drought and climate
change, projected hydrology indicates the City’s water supply would be even more unreliable
and in need of additional firming. Adding to these challenges, the Roaring Fork River
headwaters are the source of trans-basin diversions which, at times, create significantly
reduced stream flows in the Upper Roaring Fork River and some of its tributaries.
Because much effort will be spent developing ATM projects, the project is divided into two
phases. Phase 1 (this project), is focused on the development and recommendation of specific
ATMs, whereas Phase 2 will involve the implementation of the ATMs identified in this phase.
FINANCIAL IMPACTS: The execution of the attached contract with Western Water
Partnerships in the amount of 213,356.00 would be funded by the $183,356.00 CWCB grant as
well as $15,000.00 of matching funds from Western Resource Advocates and $15,000.00 of
matching funds from the City of Aspen.
Spending authority has been incorporated into the 2020 Budget under the $225,000 Water
Rights project within the Water Utility Fund.
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Total Project Expenditures
Western Water Partnerships anticipated work scope _______ ___$213,356.00
Total $213,356.00
Funding Budgeted
CWCB grant $183,356.00
Western Resource Advocatescontribution $ 15,000.00
City of Aspen contribution $ 15,000.00
Total $213,356.00
ENVIRONMENTAL IMPACTS:The City is committed to reducing its footprint (carbon and water)
and fighting climate change, but even with this effort and action the City recognizes that it is
best practice to plan for a future that looks very different than today. Evaluating alternative
transfer mechanisms for water rights can contribute to ensuring the resiliency of its water
system.
STAFF RECOMMENDATION:Staff recommends that Council approve the Alternative Transfer
Methods project contract with Western Water Partnerships in the amount of $213,356.00.
PROPOSED MOTION: “I move to approve Resolution No. 018, Series of 2020.”
CITY MANAGER COMMENTS:
ATTACHMENT A – Resolution #018, Series of 2020
ATTACHMENT B – City of Aspen CWCB Grant Application dated June 7, 2020
ATTACHMENT C – Grant Award Letter from Colorado Department of Natural Resources / CWCB
ATTACHMENT D – Professional Services Agreement with Western Water Partnerships
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RESOLUTION #018
(Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ACCEPTING A GRANT FROM THE COLORADO WATER
CONSERVATION BOARD AND APPROVING A CONTRACT BETWEEN
THE CITY OF ASPEN AND WESTERN WATER PARTNERSHIPS TO
EVALUATE ALTERNATIVE TRANSFER METHODS PROJECTS,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a grant award for
the evaluation of alternative transfer methods projects from the Colorado Water
Conservation Board; and, a contract for the evaluation of alternative transfer
methods projects, between the City of Aspen and Western Water Partnerships, a true
and accurate copy of which is attached hereto as Exhibit “ A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the CWCB Grant
for the evaluation of alternative transfer methods projects and awards a contract to
Western Water Partnerships in the amount of $213,356.00, and that this Resolution
hereby authorizes the City Manager to execute said agreement on behalf of the City
of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th day of March, 2020.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that Resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held March 24, 2020.
Nicole Henning, City Clerk 6
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1. GRANT
As of the Grant Issuance Date, the State Agency shown on the first page of this Grant Award Letter
(the “State”) hereby obligates and awards to Grantee shown on the first page of this Grant Award
Letter (the “Grantee”) an award of Grant Funds in the amounts shown on the first page of this
Grant Award Letter. By accepting the Grant Funds provided under this Grant Award Letter,
Grantee agrees to comply with the terms and conditions of this Grant Award Letter and
requirements and provisions of all Exhibits to this Grant Award Letter.
2. TERM
A. Initial Grant Term and Extension
The Parties’ respective performances under this Grant Award Letter shall commence on the
Grant Issuance Date and shall terminate on the Grant Expiration Date unless sooner
terminated or further extended in accordance with the terms of this Grant Award Letter. Upon
request of Grantee, the State may, in its sole discretion, extend the term of this Grant Award
Letter by providing Grantee with an updated Grant Award Letter showing the new Grant
Expiration Date. If the Work will be performed in multiple phases, the period of performance
start and end date of each phase is detailed under the Project Schedule in Exhibit B.
B. Early Termination in the Public Interest
The State is entering into this Grant Award Letter to serve the public interest of the State of
Colorado as determined by its Governor, General Assembly, or Courts. If this Grant Award
Letter ceases to further the public interest of the State or if State, or other funds used for this
Grant Award Letter are not appropriated, or otherwise become unavailable to fund this Grant
Award Letter, the State, in its discretion, may terminate this Grant Award Letter in whole or
in part by providing written notice to Grantee that includes, to the extent practicable, the
public interest justification for the termination. If the State terminates this Grant Award Letter
in the public interest, the State shall pay Grantee an amount equal to the percentage of the
total reimbursement payable under this Grant Award Letter that corresponds to the
percentage of Work satisfactorily completed, as determined by the State, less payments
previously made. Additionally, the State, in its discretion, may reimburse Grantee for a
portion of actual, out -of-pocket expenses not otherwise reimbursed under this Grant Award
Letter that are incurred by Grantee and are directly attributable to the uncompleted portion of
Grantee’s obligations, provided that the sum of any and all reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Grant Award Letter by the State for breach by Grantee.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Budget” means the budget for the Work described in Exhibit B.
B. “Business Day” means any day in which the State is open and conducting business, but shall
not include Saturday, Sunday or any day on which the State observes one of the holidays
listed in §24-11-101(1) C.R.S.
C. “CORA” means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
D. “Grant Award Letter” means this letter which offers Grant Funds to Grantee, including all
attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and
cited authorities, and any future updates thereto.
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E. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Grant Award Letter.
F. “Grant Expiration Date” means the Grant Expiration Date shown on the first page of this
Grant Award Letter.
G. “Grant Issuance Date” means the Grant Issuance Date shown on the first page of this Grant
Award Letter.
H. “Exhibits” exhibits and attachments included with this Grant as shown on the first page of
this Grant
I. “Extension Term” means the period of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Grant Award Letter
J. “Goods” means any movable material acquired, produced, or delivered by Grantee as set
forth in this Grant Award Letter and shall include any movable material acquired, produced,
or delivered by Grantee in connection with the Services.
K. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access or disclosure of State Confidential Information or of the
unauthorized modification, disruption, or destruction of any St ate Records.
L. “Initial Term” means the time period between the Grant Issuance Date and the Grant
Expiration Date.
M. “Matching Funds” means the funds provided Grantee as a match required to receive the
Grant Funds.
N. “Party ” means the State or Grantee, and “Parties” means both the State and Grantee.
O. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual‘s identity, such as name, social security number, date and place of birth,
mother‘s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
P. “Services” means the services to be performed by Grantee as set forth in this Grant Award
Letter, and shall include any services to be rendered by Grantee in connection with the Goods.
Q. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII, and State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already
known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by
Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by
a third party who has the right to disclose such information; or (v) was independently
developed without reliance on any State Confidential Information.
R. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
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S. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
T. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
U. “Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of
V. “Work” means the delivery of the Goods and performance of the Services described in this
Grant Award Letter.
W. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Grant Issuance Date
that is used, without modification, in the performance of the Work.
Any other term used in this Grant Award Letter that is defined in an Exhibit shall be construed and
interpreted as defined in that Exhibit.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Grant Award Letter and in accordance with
the provisions of Exhibit A. The State shall have no liability to compensate or reimburse Grantee
for the delivery of any goods or the performance of any services that are not specifically set forth
in this Grant Award Letter.
5. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Amount for
each State Fiscal Year shown on the first page of this Grant Award Letter. Financial
obligations of the State payable after the current State Fiscal Year are contingent upon funds
for that purpose being appropriated, budgeted, and otherwise made available. The State shall
not be liable to pay or reimburse Grantee for any Work performed or expense incurred before
the Grant Issuance Date or after the Grant Expiration Date.
B. Matching Funds.
Grantee shall provide the Local Match Amount shown on the first page of this Grant Award
Letter and described in Exhibit A (the “Local Match Amount”). Grantee shall appropriate
and allocate all Local Match Amounts to the purpose of this Grant Award Letter each fiscal
year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting
this Grant Award Letter irrevocably pledge present cash reserves for payments in future fiscal
years, and this Grant Award Letter is not intended to create a multiple-fiscal year debt of
Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies.
D. Reimbursement of Grantee Costs
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The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total
amount described in this Grant Award Letter for all allowable costs described in this Grant
Award Letter and shown in the Budget, except that Grantee may adjust the amounts between
each line item of the Budget without formal modification to this Agreement as long as the
Grantee provides notice to the State of the change, the change does not modify the total
maximum amount of this Grant Award Letter or the maximum amount for any state fiscal
year, and the change does not modify any requirements of the Work. The State shall only
reimburse allowable costs if those costs are: (i) reasonable and necessary to accomplish the
Work and for the Goods and Services provided; and (ii) equal to the actual net cost to Grantee
(i.e. the price paid minus any items of value received by Grantee that reduce the cost actually
incurred).
E. Close -Out.
Grantee shall close out this Grant within 45 days after the Grant Expiration Date. To complete
close out, Grantee shall submit to the State all deliverables (including documentation) as
defined in this Grant Award Letter and Grantee’s final reimbursement request or invoice. The
State will withhold 5% of allowable costs until all final documentation has been submitted
and accepted by the State as substantially complete. REPORTING - NOTIFICATION
F. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out described in §5.E, containing an evaluation and review of Grantee’s
performance and the final status of Grantee’s obligations hereunder.
G. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations. The State may impose any
penalties for noncompliance which may include, without limitation, suspension or
debarment.
6. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records during normal business hours at Grantee’s office or place of business, unless
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
The State will monitor Grantee’s performance of its obligations under this Grant Award
Letter using procedures as determined by the State. The State shall have the right, in its sole
discretion, to change its monitoring procedures and requirements at any time during the term
of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
C. Final Audit Report
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Grantee shall promptly submit to the State a copy of any final audit report of an audit
performed on Grantee’s records that relates to or affects this Grant or the Work, whet her the
audit is conducted by Grantee or a third party.
7. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
not, without prior written approval of the State, use for Grantee’s own benefit, publish, copy,
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this Grant
Awar d Letter. Grantee shall provide for the security of all State Confidential Information in
accordance with all policies promulgated by the Colorado Office of Information Security and
all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately
forward any request or demand for State Records to the State’s principal representative.
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessar y to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Grant Award Letter. Grantee shall ensure all such agents, e mployees,
assigns, and Subcontractors sign nondisclosure agreements with provisions at least as
protective as those in this Grant , and that the nondisclosure agreements are in force at all
times the agent, employee, assign or Subcontractor has access to any State Confidential
Information. Grantee shall provide copies of those signed nondisclosure restrictions to the
State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all S tate Confidential
Information wherever located. Grantee shall provide the State with access, subject to
Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant , Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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E. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee
shall provide for the security of such PII, in a manner and form acceptable to the State,
including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Grantee shall be a
“Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain
security procedures and practices consistent with §§24-73-101 et seq., C.R.S.
8. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant . Grantee
acknowledges that, with respect to this Grant , even the appearance of a conflict of interest shall be
harmful to the State’s interests and absent the State’s prior written approval, Grantee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
performance of Grantee’s obligations under this Grant . If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting fort h the relevant details for the
State’s consideration.
9. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”). Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
10. REMEDIES
In addition to any remedies available under any exhibit to this Grant Award Letter, if Grantee fails
to comply with any term or condition of this Grant, the State may terminate some or all of this
Grant and require Grantee to repay any or all Grant funds to the State in the State’s sole discretion.
The State may also terminate this Grant Award Letter at any time if the State has determined, in
its sole discretion, that Grantee has ceased performing the Work without intent to resume
performance, prior to the completion of the Work.
11. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
12. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Grant Award Letter shall be in writing, and shall be delivered either in hard copy or by
email to the representative of the other Party. Either P arty may change its principal representative
or principal representative contact information by notice submitted in accordance with this §13.
13. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
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Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
14. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions committees, bureaus, offices, emp loyees and officials shall
be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-
101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b),
and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of
this Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
15. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Grantee’s rights and
obligations approved by the State shall be subject to the provisions of this Grant Award
Letter.
B. Captions and References
The captions and headings in this Grant Award Letter are for convenience of reference only,
and shall not be used to interpret, define, or limit its provisions. All references in this Grant
Award Letter to sections (whether spelled out or using the § symbol), subsections, exhibits
or other attachments, are references to sections, subsections, exhibits or other attachments
contained herein or incorporated as a part hereof, unless otherwise noted.
C. Entire Understanding
This Grant Award Letter represents the complete integration of all understandings between
the Parties related to the Work, and all prior representations and understandings related to the
Work, oral or written, are merged into this Grant Award Letter.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated Grant
Award Letter, which shall be effective if Grantee accepts Grant Funds following receipt of
the updated letter. The Parties may also agree to modification of the terms and conditions of
the Grant in a formal amendment to this Grant , properly executed and approved in accordance
with applicable Colorado State law and State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority.
Any reference in this Grant Award Letter to a statute, regulation, State Fiscal Rule, fiscal
policy or other authority shall be interpreted to refer to such authority then current, as may
have been changed or amended since the Grant Issuance Date. Grantee shall strictly comply
with all applicable Federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
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Page 10 of 10 Version 11 11 2019
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
G. Severability
The invalidity or unenforceability of any provision of this Grant Award Letter shall not affect
the validity or enforceability of any other provision of this Grant Award Letter, which shall
remain in full force and effect, provided that the Parties can continue to perform their
obligations under the Grant in accordance with the intent of the Grant .
H. Survival of Certain Grant Award Letter Terms
Any provision of this Grant Award Letter that imposes an obligation on a Party after
termination or expiration of the Grant shall survive the termination or expiration of the Grant
and shall be enforceable by the other Party.
I. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described above, this Grant Award
Letter does not and is not intended to confer any rights or remedies upon any person or entity
other than the Parties. Any services or benefits which third parties receive as a result of this
Grant are incidental to the Grant , and do not create any rights for such third parties.
J. Waiver
A Party’s failure or delay in exercising any right, power, or privilege under this Grant Award
Letter, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any
single or partial exercise of any right, power, or privilege preclude any other or further
exercise of such right, power, or privilege.
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EXHIBIT A - Statement of Work
WATER ACTIVITY NAME - Upper Roaring Fork Alternative Method Transfer (ATM)
Project - Phase 1
GRANT RECIPIENT – City of Aspen
FUNDING SOURCE - The Alternative Agricultural Water Transfer Methods Competitive
Grant Program
INTRODUCTION AND BACKGROUND
The City of Aspen (City), Western Resources Advocates and the Wilderness Workshop (the Project Team)
have collaborated to develop the proposed Upper Roaring Fork Alternative Transfer Method (ATM)
Project—Phase 1. This project aims to develop water sharing projects to help increase the reliability of the
City of Aspen’s municipal water supply and increase environmental flows in the Upper Roaring Fork River
basin. Colorado’s Water Plan identifies ATMs as an important strategy to help offset the increasing
pressures on agricultural water rights through voluntary water sharing agreements that respect property
rights and offer an alternative to permanent agricultural dry-up. Designed properly, ATMs can increase an
agricultural producer’s profits in a given year while helping reduce or maintain demands on a water system,
resulting in “win-win” agreements.
While several ATM projects have been implemented on Colorado’s East Slope, this would be the first ATM
considered by a West Slope and headwaters municipality. Considering this, the project will identify the
unique challenges and opportunities presented by the area’s geography, water rights and hydrology.
Through previous studies, it has been determined that the City’s municipal water supplies are vulnerable
and would benefit from additional firming. To illustrate this need, the City’s current storage capacity is
less than a day’s municipal demand. When factoring in drought and climate change, projected hydrology
indicates the City’s water supply would be even more vulnerable and in need of additional firming. In
addition to these vulnerabilities, the Roaring Fork River headwaters are the source of trans-basin diversions
which, at times, contributes to significantly reduced stream flows in the Upper Roaring Fork River and
some of its tributaries.
The objective of this project is to identify and evaluate opportunities for voluntary water sharing agreements
with agricultural producers in the Roaring Fork Valley to increase the reliability of the City’s municipal
water supply and/or enhance stream flows in the Upper Roaring Fork River and key tributaries. The
concepts could include, among other possibilities, an interruptible water supply agreement, partial year
irrigation, and/or deficit irrigation.
In addition, the project will begin to investigate opportunities to increase supplies in the Roaring Fork
Valley through water sharing agreements with East Slope water users that are currently diverting water out
of the basin. Considering the complexity of any such water sharing agreement, the team will identify
potential partners and facilitate meetings to discuss potential water sharing concepts. The team will
summarize any potential water sharing opportunities to pursue in Phase 2.
Because of the complexity of developing ATM projects, the project is divided into two phases. Phase 1
(this project), is focused on the development and recommendation of specific ATMs, whereas Phase 2, will
involve the implementation of the ATMs identified in this phase. Phase 2 will occur after the completion
of this project and this grant application does not include any Phase 2 work.
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OBJECTIVES
The project’s primary objectives are:
1) Identify potential interested irrigators
2) Develop conceptual “Plans of Operation” for one or more ATM project s to help meet the City’s
municipal water needs and/or environmental flows for the Roaring Fork River and/or its
tributaries with potential interested irrigators .
3) Identify opportunities for water sharing with East Slope water users.
4) Provide recommendations for one or more ATM projects to be implemented in Phase 2.
TASKS
Task 1: Identify Municipal Projected Firm Yield Demands
Identify municipal water needs in time, location, amount, and hydrologic year type. Consultant team will
review and analyze the City water intake structures and locations, municipal water demand data and
projections, and available streamflow data at critical intake locations. Consultant team will characterize
projected firm yield deficits to inform ATM project demands. This task will be informed by previous
work by the City and its consultants and may include analysis of proposed infrastructure and facilities.
Deliverable: A memorandum describing the municipal projected firm yield demands will be developed.
Task 2: Identify Environmental Flow Needs for the Upper Roaring Fork River and Key
Tributaries
Identify environmental flow needs and flow shortages in time, location, amount, and hydrologic year
type. Consultant team will obtain and compile data from a variety of sources to identify environmental
flow needs. These sources include non-consumptive needs databases or reports, such as S tatewide Supply
Initiative or Basin Implementation Plans; as well as any instream/environmental flow quantification data.
This information will be used to summarize the streamflow required to meet the legal thresholds required
for instream flow use. This initial review will also include an analysis of streamflow data to identify the
nature and extent of flow shortages in the project area that might impact the health of the natural
environment. For streams where data is not available, streamflow estimates may be derived using
modeling techniques, water official and water user interviews, or other means. This information provides
the basis for determining the need for environmental flows, including location, amount and timing.
Deliverable: A memorandum describing the environmental flow needs will be developed.
Task 3: Exploration of Potential ATM Water Supplies in the Upper Roaring Fork River Basin
Explore agricultural water rights diverting at or upstream of critical locations of the upper Roaring Fork
River and key tributaries to determine ATM opportunit ies. Characterizations of the water rights will be
made including location, diversion rate, adjudicated priorities, summarization of diversion records, and a
preliminary analysis of yield performance of the water right under various hydrologic conditions. A
description of the historical agricultural use of these water rights will also be included. At a minimum,
this will include a description of the historical crops and livestock operations, estimated acreages/head
count and crop yields, and irrigation methods. Previous work characterizing water rights in the study area
may be incorporated in this task.
Deliverable: A memorandum describing the results of this task will be included.
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Task 4: Develop and implement outreach strategies to potential agricultural partners
Consultant team will meet with and educate agricultural water users about the voluntary nature and
environmental, economic, and water rights benefits of potential ATM projects, as well as the types of
water transactions that may be available, and the processes for approval. Example of existing ATM
projects and specific ways in which irrigators are benefiting from agreements and payments will be
shared.
Deliverable: Consultant team will document input from outreach participants regarding their possible
participation in an ATM, as well as concerns and potential barriers to participation in ATM projects.
Task 5: Identification of ATM opportunities for ISFs and Municipal uses
Based on the tasks above, the team will identify and evaluate potential ATM projects in the Roaring Fork
River basin that will provide water for environmental flows and/or municipal use. The following
subtasks will be evaluated for potential ATM projects the emerge with irrigator partners.
Yield Analysis
Consultant team will provide a preliminary estimate of environmental benefits and municipal firm yield
that each of the identified potential ATM projects may provide. The yield analysis will consider what
kind of ATM is proposed; such as an interruptible water supply agreement (i.e. 3 out of 10 years), partial
year irrigation, and/or deficit irrigation.
Due Diligence
Preliminary due diligence on water rights identified with interested irrigators will be conducted to
determine their feasibility for potential ATM projects. The analysis may include review of decrees, ditch
company bylaws, deeds, encumbrances, and relevant agreements, and will identify and fatal flaws or
challenges such as shared ownership, shepherding, shared infrastructure, augmentation requirements, or
potential injury to other water rights. The data reviewed will be from publicly available records.
Economic Analysis of ATM Concepts
To provide an accurate understanding of the economic considerations of the potential agricultural partners
in an ATM strategy, the economic baseline conditions of the agricultural operation(s) will be established
to calculate an estimate of baseline net farm income under full water and, potentially, limited water
conditions. These baseline conditions can then be compared to operations under an ATM to help
determine the water’s value to the operator and provide a rational starting point for negotiating the ATM
price. To further inform the team, identified water rights will be compared to recent sales of water rights
in the vicinity to help determine current value. Also included in this task will be an analysis and
recommendation for a method of price adjustment for the ATM.
Identifying required water court and/or administrative processes for specific ATM strategies
The legal analysis will identify the appropriate transaction mechanism based on statutory limitations and
water user preference. The legal analysis will describe the approval process that will be necessary for
implementation of a potential ATM project.
Evaluate Potential ATM Projects
Based on the analysis described above, the Consultant team will develop evaluation criteria to identify the
advantages and disadvantages for each of the ATM concepts, including competing or complimentary
interests between instream flows and municipal uses.
Deliverable: Consultant team will provide a written summary of the analysis of the potential ATM
project.
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Task 6: Develop Conceptual Plans of Operation for ATMs
Consultant team will develop conceptual plans of operation for selected ATM projects (to be determined
in consultation with the Project Team). These plans will describe the baseline conditions, recommend a
water sharing strategy (e.g. interruptible water supply agreement, partial season irrigation, etc.) and
outline key terms that the water sharing agreement should include such as timing, amounts of water and
legal mechanisms necessary to implement the transfer of water.
Deliverable: Consultant team will provide plans of operation for all viable ATM projects.
Task 7: Identifying Opportunities for Water Sharing with East Slope Water Users
This task will identify and analyze water sharing opportunities with East Slope water users that are
currently diverting from the Roaring Fork River basin. Specifically, the consultant team will examine
opportunities and constraints associated with water sharing strategies involving the Twin Lakes Tunnel
and/or the Boustead Tunnel. Considering the complexity of any such water sharing agreement, the
consultant team will identify any potential partners willing to discuss a possible water-sharing ATM
strategy and facilitate a meeting with each of the managers and operators of the projects as well as water
users that own water rights in those projects.
Deliverable: Consultant team will summarize any potential water sharing opportunities to pursue in
Phase 2.
Task 8: Public O utreach and Communication
To ensure that the community is kept apprised of the project, the Consultant team will provide updates
and/or presentations to City Council, Colorado River Basin Roundtable and other community groups and
interested stakeholders as requested by the Project Team.
Deliverable: For any outreach requested by the Project Team, consulting team will document meetings,
attendees, and key discussion points.
Task 9: Project Management
This task involves the management of the project, including conducting team meetings, calls and grant
management responsibilities including submitting regular progress reports and invoicing. This task also
includes directing subcontractor efforts to complete the deliverables of the project.
Deliverable: Regular progress reports and invoicing including providing the City materials ready for
submission to the CWCB to invoice for grant reimbursement.
Task 10—Final Report
Consultant team will produce a final report to the CWCB describing the project’s findings and
recommendations.
Final Deliverable: A final report describing the ATM project will be provided to the CWCB in digital
format .
REPORTING AND FINAL DELIVERABLE
Reporting: The applicant shall provide the CWCB a progress report every 6 months, beginning from the
date of the executed contract. The progress report shall describe the completion or partial completion of
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the tasks identified in the statement of work including a description of any major issues that occur and any
corrective actions taken to address them.
Final Deliverable: At completion of the project, the applicant shall provide the CWCB a final report that
summarizes the project and documents how the project was completed. This report may contain
photographs, summaries of meetings and engineering reports/designs.
Reporting Requirements
Progress Reports: The grantee shall provide the CWCB a progress report every 6 months, beginning from the date of
issuance of a purchase order, or the execution of a contract. The progress report shall describe the status of the tasks
identified in the statement of work, including a description of any major issues that have occurred and any corrective
action taken to address these issues. The CWCB may withhold reimbursement until satisfactory progress reports have
been submitted.
Final Report: At completion of the project, the grantee shall provide the CWCB a Final Report on the grantee's
letterhead that:
•Summarizes the project and how the project was completed.
•Describes any obstacles encountered, and how these obstacles were overcome.
•Confirms that all matching commitments have been fulfilled.
•Includes photographs, summaries of meetings and engineering reports/designs.
Payments
Payment will be made based on actual expenditures, must include invoices for all work completed and must be on
grantee’s letterhead. The request for payment must include a description of the work accomplished by task, an
estimate of the percent completion for individual tasks and the entire Project in relation to the percentage of
budget spent, identification of any major issues, and proposed or implemented corrective actions.
The CWCB will pay the last 10% of the entire water activity budget when the Final Report is completed to the
satisfaction of CWCB staff. Once the Final Report has been accepted, and final payment has been issued, the water
activity and purchase order or contract will be closed without any further payment. Any entity that fails to complete
a satisfactory Final Report and submit to CWCB within 90 days of the expiration of a purchase order or contract may
be denied consideration for future funding of any type from CWCB.
Performance Requirements
Performance measures for this contract shall include the following:
(a) Performance standards and evaluation: Grantee will produce detailed deliverables for each task as specified.
Grantee shall maintain receipts for all project expenses and documentation of the minimum in-kind contributions (if
applicable) per the budget in Exhibit B. Per Grant Guidelines, the CWCB will pay out the last 10% of the budget
when the final deliverable is completed to the satisfaction of CWCB staff. Once the final deliverable has been
accepted, and final payment has been issued, the purchase order or grant will be closed without any further
payment.
(b)Accountability: Per the Grant Guidelines full documentation of project progress must be submitted with each
invoice for reimbursement. Grantee must confirm that all grant conditions have been complied with on each
invoice. In addition, per the Grant Guidelines, Progress Reports must be submitted at least once every 6 months. A
Final Report must be submitted and approved before final project payment.
(c)Monitoring Requirements: Grantee is responsible for ongoing monitoring of project progress per Exhibit A.
Progress shall be detailed in each invoice and in each Progress Report, as detailed above. Additional inspections or
field consultations will be arranged as may be necessary.
(d)Noncompliance Resolution: Payment will be withheld if grantee is not current on all grant conditions. Flagrant
disregard for grant conditions will result in a stop work order and cancellation of the Grant Agreement.
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Task No.Task Description Project Cost by
Task Matching Funds CWCB Grant
Request
TASK 1 – Summarize Muni Projected Firm
Yield Demands
A memorandum describing the municipal projected
firm yield demands will be developed. 6,020.00$ 3,000.00$ 3,020.00$
TASK 2 – Summarize Enviromental Flow
Needs
A memorandum describing the environmental flow
needs will be developed. 6,500.00$ 3,000.00$ 3,500.00$
TASK 3 – Investigations of Potential ATM
Supplies in the Upper Roaring Fork River
Basin
A memorandum describing the results of this task
will be included. 14,560.00$ 3,000.00$ 11,560.00$
TASK 4 – Develop and Implement Outreach
Strategies to Potential Agricultural Partners
Consultant team will document input from
outreach participants regarding their possible
participation in an ATM, as well as concerns and 21,140.00$ 3,000.00$ 18,140.00$
TASK 5 - Identification of ATM
Opportunities for ISFs and Muni Use
Consultant team will provide a written summary of
the analysis of the potential ATM project. 19,500.00$ 3,000.00$ 16,500.00$
TASK 6 – Develop Conceptual Plans of
Operation for ATMs
Consultant team will provide plans of operation for
all viable ATM projects. 34,060.00$ 3,000.00$ 31,060.00$
TASK 7 – Identifying Opportunities for
Water Sharing with East Slope Water Users Consultant team will summarize any potential
water sharing opportunities to pursue in Phase 2. 22,620.00$ 3,000.00$ 19,620.00$
TASK 8- Public Outreach and
Communication
For any outreach requested by the Project Team,
consulting team will document meetings, attendees,
and key discussion points.15,040.00$ 3,000.00$ 12,040.00$
TASK 9: Project Management Regular progress reports and invoicing including
providing the City materials ready for submission 12,300.00$ 3,000.00$ 9,300.00$
TASK 10: Final report to the CWCB A final report describing the ATM project will be
provided to the CWCB in digital format.17,620.00$ 3,000.00$ 14,620.00$
Direct and Indirect Costs Mileage, Copies and administration costs 43,996.00$ -$ 43,996.00$
213,356.00$ 30,000.00$ 183,356.00$
14%86%
Name of Grantee: City of Aspen
Name of Water Project: Upper Roaring Fork Alternative Transfer Method Project - Phase 1
Total
EXHIBIT B BUDGET AND SCHEDULE
Colorado Water Conservation Board
Alternative Agricultural Water Transfer Methods Competitive Grant Program
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Task Start Date Finish Date
Task 1: Identify Municipal Projected Firm Yield
Demands 2/1/2020 2/1/2024
Task 2: Identify Environmental Flow Needs for the
Upper Roaring Fork River and Key Tributaries 2/1/2020 2/1/2024
Task 3: Investigations of Potential ATM Water Supplies
in the Upper Roaring Fork River Basin 2/1/2020 2/1/2024
Task 4: Develop and implement outreach strategies to
potential agricultural partners 2/1/2020 2/1/2024
Task 5: Identification of ATM opportunities for ISFs and
Municipal uses 2/1/2020 2/1/2024
Task 6: Develop Conceptual Plans of Operation for
ATMs 2/1/2021 2/1/2024
Task 7: Identifying Opportunities for Water Sharing with
East Slope Water Users 2/1/2020 2/1/2024
Task 8: Public outreach and communication 2/1/2020 2/1/2024
Task 9: Project Management 2/1/2020 2/1/2024
Task 10—Final Report 5/1/2021 2/1/2024
EXHIBIT B SCHEDULE
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Project Personnel:ATM Project
Manager Engineering Economist Legal ISF Project
Manager Agronomist
Outreach &
Comm
Specialist
Admin.Total Labor Costs
Hourly Rate:$160 $150 $190 $250 $115 $125 $100 $75
Task 1: Summarize Municipal Projected Firm Yield Demands $ 1,500.00 $ 3,000.00 $ 1,520.00 $ - $6,020.00
Task 2: Summarize Environmental Flow Needs for the Upper Roaring Fork
River and Key Tributaries $ 1,500.00 $ - $ - $ 5,000.00 $6,500.00
Task 3: Investigations of Potential ATM Water Supplies in the Upper Roaring
Fork River Basin $ 4,000.00 $ 6,000.00 $ 4,560.00 $ - $14,560.00
Task 4: Develop and Implement Outreach Strategies to Potential Agricultural
Partners $ 2,400.00 $ 3,600.00 $ 10,640.00 $ 2,000.00 $ 2,500.00 $21,140.00
Task 5: Identification of ATM opportunities for ISFs and Municipal uses $ 5,500.00 $ 6,000.00 $ - $ 1,500.00 $ 4,000.00 $ 2,500.00 $19,500.00
Task 6: Develop Conceptual Plans of Operation for ATMs $ 8,000.00 $ 8,400.00 $ 12,160.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $34,060.00
Task 7: Identifying Opportunities for Water Sharing with East Slope Water
Users $ 10,500.00 $ 3,600.00 $ 1,520.00 $ 5,000.00 $ 2,000.00 $22,620.00
Task 8: Public outreach and communication $ 4,000.00 $ 6,000.00 $ 1,520.00 $ 1,020.00 $ 2,500.00 $15,040.00
Task 9: Project Management $ 7,500.00 $ 1,800.00 $ - $ - $ 3,000.00 $12,300.00
Task 10: Final Report $ 5,500.00 $ 3,600.00 $ 4,560.00 $ 1,000.00 $ 1,460.00 $ 500.00 $ 1,000.00 $17,620.00
Total Hours: 315.00 280.00 192.00 38.00 152.00 36.00 60.00 40.00
Total Labor Costs:$50,400 $42,000 $36,480 $9,500 $17,480 $4,500 $6,000 $3,000 $169,360.00
Total Direct Costs
Direct Costs:
Mileage $ 6,500 $ 3,500 $ 1,500 $ 1,000 $ 3,500 $ 1,500 $17,500.00
Lodging $ 1,600 $ 1,000 $ 600 $ 500 $ 1,000 $400 $5,100.00
Misc. Expenses $ 1,000 $ 500 $ 200 $100 $ 100 $1,900.00
Copies (including final report) $ 100 ` $100.00
Total Direct Costs: $ 9,200 $ 5,000 $ 2,300 $ 1,500 $ 4,600 $ 2,000 $24,600.00
10% Administration $19,396.00
$213,356.00
$30,000.00
Total Project Costs:
Cash Match Amount
Page 1 of 1
ESTIMATED DETAIL BUDGET - CITY OF ASPENDocuSign Envelope ID: EA56A7A8-D1B7-49C8-8A2B-D4C20A07CC1A
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Page 1 of 1
EXHIBIT C, SAMPLE OPTION LETTER
State Agency
Department of Natural Resources
Colorado Water Conservation Board (CWCB)
1313 Sherman St, Room 718
Denver, CO 80203
Option Letter Number
Grantee
City of Aspen
120 South Galena Street
Aspen, CO 81611
Original Agreement Number
CMS# 148958
CTGG1 2020*2656
Current Agreement Maximum Amount
(Initial Term)
Option Agreement Number
Agreement Performance Beginning Date
Current Agreement Expiration Date
1. OPTIONS:
A. Option to extend for an Extension Term
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section 2.C., of the Original Agreement referenced above, the
State hereby exercises its option for an additional term, beginning ______________ and ending on the current
Agreement expiration date shown above, at the rates stated in the Original Agreement, as amended.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or ____, whichever is later.
STATE OF COLORADO
Jared Polis, Governor
Department of Natural Resources
Colorado Water Conservation Board
By: _________________________
Name: _____________________
Title: _____________________
Date: _____________________
In accordance with §24-30-202, C.R.S., this Option is not
valid until signed and dated below by the State Controller or
an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ________________________________
Name: ____________________________
Title: ________________
Option Effective Date:_____________________
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Agreement Professional Services Page 0
Evaluation of water-sharing projects to help increase the reliability of the City of Aspen’s municipal
water supply, increase environmental flows, and promote agricultural viability. This project will be
funded by a $183,356.00 grant from the Colorado Water Conservation Board (CWCB) and
$15,000.00 matching funds from Western Resource Advocates and $15,000.00 from the City of
Aspen.
CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009
PROFESSIONAL SERVICES
City of Aspen Contract No.: 51140
AGREEMENT made as of 24th day of March, in the year 2020.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Raquel Flinker
130 South Galena Street
Aspen, Colorado 81611
Phone: (970) 429-2782
And the Professional:
Western Water Partnerships
c/o Todd Doherty
1912 East 17th Ave.
Denver, CO 80206
Phone: 303-518-4741
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: March, 24th, 2020
Resolution No.:___________________
Exhibit A: Statement of Work.
Exhibit B: Schedule and Budget.
Total: $ 213,356.00
53
Agreement Professional Services Page 1
1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than June
2024. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the
performance of Professional's services which shall be adjusted as required as the project proceeds,
and which shall include allowances for periods of time required by the City's project engineer for
review and approval of submissions and for approvals of authorities having jurisdiction over the
project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded
by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment 54
Agreement Professional Services Page 2
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, 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 contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and 55
Agreement Professional Services Page 3
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Workers’ Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workers' Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
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Agreement Professional Services Page 4
shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new
statutes relating to the employment of and contracting with illegal aliens. These new laws
prohibit all state agencies and political subdivisions, including the City of Aspen, from
knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include certain
specific language as set forth in the statutes. The following terms and conditions have been
designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of Aspen.
“Basic Pilot Program” means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
“Public Contract for Services” means this Agreement.
“Services” means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports
that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who
are newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services. 58
Agreement Professional Services Page 6
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in
the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply to
participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Professional
is accepted or the public contract for services has been completed, whichever is
earlier. The requirements of this section shall not be required or effective if the
Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for Services
is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not terminate
the Public Contract for Services with the subcontractor if during such three
days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential 59
Agreement Professional Services Page 7
damages to the City of Aspen arising out of Professional’s violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms. 60
Agreement Professional Services Page 8
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
20. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
21. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
22. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
23. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption 61
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Approved as to form:
_______________________________
City Attorney’s Office
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EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Statement of Work
WATER ACTIVITY NAME - Upper Roaring Fork Alternative Method Transfer (ATM) Project -
Phase 1
INTRODUCTION AND BACKGROUND
The City of Aspen (City), Western Resources Advocates and the Wilderness Workshop (the Project
Team) have collaborated to develop the proposed Upper Roaring Fork Alternative Transfer Method
(ATM) Project—Phase 1. This project aims to develop water sharing projects to help increase the
reliability of the City of Aspen’s municipal water supply and increase environmental flows in the Upper
Roaring Fork River basin. Colorado’s Water Plan identifies ATMs as an important strategy to help
offset the increasing pressures on agricultural water rights through voluntary water sharing agreements
that respect property rights and offer an alternative to permanent agricultural dry-up. Designed properly,
ATMs can increase an agricultural producer’s profits in a given year while helping reduce or maintain
demands on a water system, resulting in “win-win” agreements.
While several ATM projects have been implemented in Colorado, this would be the first ATM considered
by a West Slope headwaters municipality. Considering this, the project will identify the unique
challenges and opportunities presented by the area’s geography, water rights and hydrology.
Through previous studies, it has been determined that the City’s municipal water supplies are vulnerable
and would benefit from additional firming. To illustrate this need, the City’s current storage capacity is
less than a day’s municipal demand. When factoring in drought and climate change, projected hydrology
indicates the City’s water supply would be even more vulnerable and in need of additional firming. In
addition to these vulnerabilities, the Roaring Fork River headwaters are the source of trans-basin
diversions which, at times, contributes to significantly reduced stream flows in the Upper Roaring Fork
River and some of its tributaries.
The objective of this project is to identify and evaluate opportunities for voluntary water sharing
agreements with agricultural producers in the Roaring Fork Valley to increase the reliability of the City’s
municipal water supply and/or enhance stream flows in the Upper Roaring Fork River and key tributaries.
The concepts could include, among other possibilities, an interruptible water supply agreement, partial
year irrigation, and/or deficit irrigation.
In addition, the project will begin to investigate opportunities to increase supplies in the Roaring Fork
Valley through water sharing agreements with East Slope water users that are currently diverting water
out of the basin. Considering the complexity of any such water sharing agreement, the team will identify
potential partners and facilitate meetings to discuss potential water sharing concepts. The team will
summarize any potential water sharing opportunities to pursue in a subsequent Phase 2 of the project.
Because of the complexity of developing ATM projects, the project is divided into two phases. Phase 1
(this project), is focused on the development and recommendation of specific ATMs, whereas Phase 2
will involve the implementation of the ATMs identified in this phase. Phase 2 will occur after the
completion of this project and this grant application does not include any Phase 2 work.
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OBJECTIVES
The project’s primary objectives are:
1) Identify potential interested irrigators
2) Develop conceptual “Plans of Operation” for one or more ATM projects to help meet the
City’s municipal water needs and/or environmental flows for the Roaring Fork River
and/or its tributaries with potential interested irrigators.
3) Identify opportunities for water sharing with East Slope water users.
4) Provide recommendations for one or more ATM projects to be implemented in Phase 2.
TASKS
Task 1: Summarize Municipal Projected Firm Yield Demands
Review existing data and reports related to municipal water needs in time, location, amount, and
hydrologic year type. Consultant team will review and summarize the City water intake structures and
locations, municipal water demand data and projections, and available streamflow data at critical intake
locations. Consultant team will characterize projected firm yield deficits to inform ATM project
demands. This task will be informed by previous work by the City and its consultants and may include
analysis of proposed infrastructure and facilities.
Deliverable: A memorandum describing the municipal projected firm yield demands will be developed.
Task 2: Summarize Environmental Flow Needs for the Upper Roaring Fork River and Key
Tributaries
Review existing data and reports related to environmental flow needs and flow shortages in time,
location, amount, and hydrologic year type. Consultant team will obtain and compile data from a variety
of sources to identify environmental flow needs. These sources include non-consumptive needs databases
or reports, such as SWSI or Basin Implementation Plans; as well as any instream/environmental flow
quantification data. This information will be used to summarize the streamflow required to meet the legal
thresholds required for instream flow use. This initial review will also include an analysis of streamflow
data to identify the nature and extent of flow shortages in the project area that might impact the health of
the natural environment. For streams where data is not available, streamflow estimates may be derived
using modeling techniques, water official and water user interviews, or other means. This information
provides the basis for determining the need for environmental flows, including location, amount and
timing.
Deliverable: A memorandum describing the environmental flow needs will be developed.
Task 3: Exploration of Potential ATM Water Supplies in the Upper Roaring Fork River Basin
Explore agricultural water rights diverting at or upstream of critical locations of the upper Roaring Fork
River and key tributaries to determine ATM opportunities. Characterizations of the water rights will be
made including location, diversion rate, adjudicated priorities, summarization of diversion records, and a
preliminary analysis of yield performance of the water right under various hydrologic conditions. A
description of the historical agricultural use of these water rights will also be included. At a minimum,
this will include a description of the historical crops and livestock operations, estimated acreages/head
count and crop yields, and irrigation methods. Previous work characterizing water rights in the study area
may be incorporated in this task.
Deliverable: A memorandum describing the results of this task will be included.
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Task 4: Develop and Implement Outreach Strategies to Potential Agricultural Partners
Consultant team will meet with and educate agricultural water users about the voluntary nature and
economic, water rights, and environmental benefits of potential ATM projects, as well as the types of
water transactions that may be available, and the processes for approval. Example of existing ATM
projects and specific ways in which irrigators are benefiting from agreements and payments will be
shared.
Deliverable: Consultant team will document input from outreach participants regarding their possible
participation in an ATM, as well as concerns and potential barriers to participation in ATM projects.
Task 5: Identification of ATM Opportunities for ISFs and Municipal Uses
Based on the tasks above, the team will identify and evaluate potential ATM projects in the Roaring Fork
River basin that will provide water for environmental flows and/or municipal use. The following
subtasks will be evaluated for potential ATM projects the emerge with irrigator partners.
Yield Analysis
Consultant team will provide a preliminary estimate of environmental benefits and municipal firm yield
that each of the identified potential ATM projects may provide. The yield analysis will consider what
kind of ATM is proposed; such as an interruptible water supply agreement (i.e. 3 out of 10 years), partial
year irrigation, and/or deficit irrigation.
Due Diligence
Preliminary due diligence on water rights identified with interested irrigators will be conducted to
determine their feasibility for potential ATM projects. The analysis may include review of decrees, ditch
company bylaws, deeds, encumbrances, and relevant agreements, and will identify and fatal flaws or
challenges such as shared ownership, shepherding, shared infrastructure, augmentation requirements, or
potential injury to other water rights. The data reviewed will be from publicly available records.
Economic Analysis of ATM Concepts
To provide an accurate understanding of the economic considerations of the potential agricultural partners
in an ATM strategy, the economic baseline conditions of the agricultural operation(s) will be established
to calculate an estimate of baseline net farm income under full water and, potentially, limited water
conditions. These baseline conditions can then be compared to operations under an ATM to help
determine the water’s value to the operator and provide a rational starting point for negotiating the ATM
price. To further inform the team, identified water rights will be compared to recent sales of water rights
in the vicinity to help determine current value. Also included in this task will be an analysis and
recommendation for a method of price adjustment for the ATM.
Identifying Required Water Court and/or Administrative Processes for Specific ATM Strategies
The legal analysis will identify the appropriate transaction mechanism based on statutory limitations and
water user preference. The legal analysis will describe the approval process that will be necessary for
implementation of a potential ATM project.
Evaluate Potential ATM Projects
Based on the analysis described above, the Consultant team will develop evaluation criteria to identify the
advantages and disadvantages for each of the ATM concepts, including competing or complimentary
interests between instream flows and municipal uses.
Deliverable: Consultant team will provide a written summary of the analysis of the potential ATM
project.
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Task 6: Develop Conceptual Plans of Operation for ATMs
Consultant team will develop conceptual plans of operation for selected ATM projects (to be determined
in consultation with the Project Team). These plans will describe the baseline conditions, recommend a
water sharing strategy (e.g. interruptible water supply agreement, partial season irrigation, etc.) and
outline key terms that the water sharing agreement should include such as timing, amounts of water and
legal mechanisms necessary to implement the transfer of water.
Deliverable: Consultant team will provide plans of operation for all viable ATM projects.
Task 7: Identifying Opportunities for Water Sharing with East Slope Water Users
This task will identify and analyze water sharing opportunities with East Slope water users that are
currently diverting from the Roaring Fork River basin. Specifically, the consultant team will examine
opportunities and constraints associated with water sharing strategies involving the Twin Lakes Tunnel
and/or the Boustead Tunnel. Considering the complexity of any such water sharing agreement, the
consultant team will identify any potential partners willing to discuss a possible water-sharing ATM
strategy and facilitate a meeting managers and operators of the projects as well as water users that own
water rights in those projects.
Deliverable: Consultant team will summarize any potential water sharing opportunities to pursue in
Phase 2.
Task 8: Public Outreach and Communication
To ensure that the community is kept apprised of the project, the Consultant team will provide updates
and/or presentations to City Council, Colorado River Basin Roundtable and other community groups and
interested stakeholders as requested by the Project Team.
Deliverable: For any outreach requested by the Project Team, Consulting Team will document meetings,
attendees, and key discussion points.
Task 9: Project Management
This task involves the management of the project, including conducting team meetings, calls and grant
management responsibilities including submitting regular progress reports and invoicing. This task also
includes directing subcontractor efforts to complete the deliverables of the project.
Deliverable: Regular progress reports and invoicing including providing the City materials ready for
submission to the CWCB to invoice for grant reimbursement.
Task 10—Final Report
Consultant team will produce a final report to the CWCB describing the project’s findings and
recommendations.
Final Deliverable: A final report describing the ATM project will be provided to the CWCB in digital
format.
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EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Schedule and Budget
Task Start Date Finish Date
Task 1: Identify Municipal Projected Firm Yield
Demands NTP NTP + 6 mos
Task 2: Identify Environmental Flow Needs for the
Upper Roaring Fork River and Key Tributaries NTP NTP + 6 mos
Task 3: Investigations of Potential ATM Water
Supplies in the Upper Roaring Fork River Basin NTP NTP + 6 mos
Task 4: Develop and implement outreach strategies to
potential agricultural partners NTP NTP + 10 mos
Task 5: Identification of ATM opportunities for ISFs
and Municipal uses NTP + 6 mos NTP + 12 mos
Task 6: Develop Conceptual Plans of Operation for
ATMs NTP + 12 mos NTP + 20 mos
Task 7: Identifying Opportunities for Water Sharing
with East Slope Water Users NTP NTP + 22 mos
Task 8: Public outreach and communication NTP NTP + 26 mos
Task 9: Project Management NTP NTP + 26 mos
Task 10—Final Report NTP + 16 mos NTP + 26 mos
68
Agreement Professional Services Page 16
Project Personnel:ATM Project
Manager Engineering Economist Legal ISF Project
Manager Agronomist
Outreach &
Comm
Specialist
Admin.Total Labor Costs
Hourly Rate:$160 $150 $190 $250 $115 $125 $100 $75
Task 1: Summarize Municipal Projected Firm Yield Demands $ 1,500.00 $ 3,000.00 $ 1,520.00 $ - $6,020.00
Task 2: Summarize Environmental Flow Needs for the Upper Roaring Fork
River and Key Tributaries $ 1,500.00 $ - $ - $ 5,000.00 $6,500.00
Task 3: Investigations of Potential ATM Water Supplies in the Upper
Roaring Fork River Basin $ 4,000.00 $ 6,000.00 $ 4,560.00 $ - $14,560.00
Task 4: Develop and Implement Outreach Strategies to Potential
Agricultural Partners $ 2,400.00 $ 3,600.00 $ 10,640.00 $ 2,000.00 $ 2,500.00 $21,140.00
Task 5: Identification of ATM opportunities for ISFs and Municipal uses $ 5,500.00 $ 6,000.00 $ - $ 1,500.00 $ 4,000.00 $ 2,500.00 $19,500.00
Task 6: Develop Conceptual Plans of Operation for ATMs $ 8,000.00 $ 8,400.00 $ 12,160.00 $ 2,000.00 $ 2,000.00 $ 1,500.00 $34,060.00
Task 7: Identifying Opportunities for Water Sharing with East Slope Water
Users $ 10,500.00 $ 3,600.00 $ 1,520.00 $ 5,000.00 $ 2,000.00 $22,620.00
Task 8: Public outreach and communication $ 4,000.00 $ 6,000.00 $ 1,520.00 $ 1,020.00 $ 2,500.00 $15,040.00
Task 9: Project Management $ 7,500.00 $ 1,800.00 $ - $ - $ 3,000.00 $12,300.00
Task 10: Final Report $ 5,500.00 $ 3,600.00 $ 4,560.00 $ 1,000.00 $ 1,460.00 $ 500.00 $ 1,000.00 $17,620.00
Total Hours: 315.00 280.00 192.00 38.00 152.00 36.00 60.00 40.00
Total Labor Costs:$50,400 $42,000 $36,480 $9,500 $17,480 $4,500 $6,000 $3,000 $169,360.00
Total Direct Costs
Direct Costs:
Mileage $ 6,500 $ 3,500 $ 1,500 $ 1,000 $ 3,500 $ 1,500 $17,500.00
Lodging $ 1,600 $ 1,000 $ 600 $ 500 $ 1,000 $ 400 $5,100.00
Misc. Expenses $ 1,000 $ 500 $ 200 $ 100 $ 100 $1,900.00
Copies (including final report) $ 100 ` $100.00
Total Direct Costs: $ 9,200 $ 5,000 $ 2,300 $ 1,500 $ 4,600 $ 2,000 $24,600.00
10% Administration $19,396.00
$213,356.00
$30,000.00
$183,356.00
Total Project Costs:
Cash Match Amount
CWCB ATM Grant Request:
69
MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Robert Schober, Capital Asset Project Manager
THROUGH:Gena Buhler, Executive Director Wheeler Opera House
MEMO DATE:March 16, 2020
MEETING DATE:March 24, 2020
RE:Wheeler Opera House Infrastructure & Modernization Phase 1
Scope
REQUEST OF COUNCIL:
Request approval of releasing the remaining Phase 1 scope for the Wheeler Opera House
Modernization & Infrastructure Project upgrades to Aspen Constructors Inc. which
includes structural, mechanical, plumbing & electrical work.
SUMMARY AND BACKGROUND:
Mills and Schnoering Architects was awarded a contract via Resolution #74 on July 8
th,
2019, to design and develop construction drawings for the Wheeler Renovation.
Construction documents have been completed for the Phase 1 project scope (see below
for phasing schedule) and submitted to the building department for permit.
Aspen Constructors (ACI) was awarded a contract to perform pre-construction services
for the project. The freight elevator modernization scope of the project was released on
January 28th, 2020 via resolution #10-2020
Due to time constraints (the Wheeler has a hard construction window in spring of 2020
from April – June during which the facility will be dark with no scheduled operations), the
logistical challenges of working inside the Aspen Core and the breadth of work required
for the project, the project team will be phasing construction. This will also mitigate the
impacts to the already busy Mill St. Hyman Ave. corridor as several other projects in that
area are currently underway. The current phasing plan is as follows:
A. Phase 1- April to June 1, 2020
Elevator, overhead door. Select portions of electrical, mechanical &
plumbing improvements. Removal and sampling of stone.
B. Phase 2- Spring 2021. 1 month-5 weeks prox.
70
Utility upgrades (City of Aspen electric), Black Hills, parking lot, loading
sidewalk, remaining mechanical, electrical.
C. Phase 3- Fall 2021. 2.5 months. Labor Day until stop for inclement weather.
S. Mill Street - East masonry replacement/repairs
D. Phase 4- Spring 2022. April 1 until Food and Wine festival.
Hyman Street - South masonry replacement/repairs
E. Phase 5A- Fall 2022
S. Mill Street sidewalks
F. Phase 5B- Fall 2022
Hyman Street sidewalks
DISCUSSION:
Staff is requesting approval of awarding the remaining phase 1 scope in the amount of
seven hundred thousand, six hundred four dollars ($704,604) to Aspen Constructors
(Exhibit A). The summary of the work to be performed is as follows:
New overhead loading door installation & associated relocation of mechanical
equipment on the west side of the Wheeler Opera House loadout area
Sampling of existing stone & selection of new exterior stone for phased exterior
masonry repairs and testing of materials & methods
Rework of plumbing vent piping and boiler vent piping including the relocation of
an existing boiler (preparation for future phase upgrades)
Installation of control wiring and hardware to tie in relocated boiler with existing
controls system
Renovate existing freight lobby room including relocation of mechanical equipment
for new load-in/out lighting and heaters
Install new electrical infrastructure for future service upgrades and upcoming
phases of the project
Considering the current Covid-19 situation, ACI will not commence with any of the Phase
1 scope until the City has issued a formal notice to proceed. We will continue to evaluate
the situation on a day/day basis and the health and safety of the workers and public will
remain at the forefront of any decision to proceed with work.
FINANCIAL IMPACTS:
This request is funded through a 2019 Capital Project via the Wheeler Opera House Fund
#120; Capital Project #51041: Wheeler Building and Site Improvements, which will be
included in the spring supplemental to roll into 2020. Current project funding is as follows:
71
Current Project Budget $2,283,420
Total Obligated $1,000,288
ACI Freight Elevator Modernization $399,573.35
ACI Remaining Phase 1 Scope Items $705,840.04
Remaining Project Funds $177,718.61
ENVIRONMENTAL IMPACTS:
This project will complete a portion of the electrical scope in preparation for an electrical
service upgrade in order to position the Wheeler Opera House to leverage renewable
electricity for heating/cooling and snowmelt in the future.
ALTERNATIVES:
RECOMMENDATIONS:
Council award Aspen Constructors Inc. the remaining project phase 1 scope in the
amount seven hundred thousand, six hundred four dollars ($705,840.04)
CITY MANAGER COMMENTS:
72
RESOLUTION #22
(Series of 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT CHANGE ORDER FOR THE WHEELER OPERA
HOUSE PHASE 1 PROJECT BETWEEN THE CITY OF ASPEN AND ASPEN
CONSTRUCTORS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS,the City and Aspen Constructors have proposed a change order for the
Wheeler Opera House Phase 1 project, a copy of which is attached hereto as Exhibit A; and,
WHEREAS, the City Council has determined that it is in the best interest of the
City of Aspen to approve the Contract Change Order for this project pursuant to the terms
thereof.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN,COLORADO,
That the City Council of the City of Aspen hereby approves the attached Contract
Change Order between the City of Aspen and Aspen Constructors and does hereby authorize the
City Manager to execute the Contract Change Order on behalf of the City of Aspen.
INTRODUCED,READ AND ADOPTED by the City Council of the City of Aspen on
the 24th, day of March 2020.
Torre,Mayor
I,Nicole Henning,duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of
Aspen,Colorado,at a meeting held,March 24,2020.
Nicole Henning,City Clerk
73
74
WHEELER OPERA HOUSE (Phase 1) GMP 3/17/2020
DESCRIPTION OF WORK QUANTITY UNIT OF
MEASURE TYPE OF COST UNIT COST SUB AMOUNT MATERIALS EQUIPMENT ACI LABOR
DIVISION 1 GENERAL $186,993.33 $64,748.33 $0.00 $0.00 $122,245.00
01-050 Preconstruction
Allowance for Superintendent and Assistant Project
Manager to facilitate testing and approval of all materials in
Phase 1, Unit cost based on a average hourly rate. Does
not include the Preconstruction Budget (8.28.2020) for
$44.893.96
120 Hours Allowance $130.00 $15,600.00
01-100 Project Manager Allowance for Project Manager to procure and assemble
information for the completition of the project.135 Hours Allowance $95.00 $12,825.00
01-110 Proejct Engineer
procurement and documentation of the project. 15 hrs a
week for 8 weeks 120 Hours Allowance $53.00 $6,360.00
010-140 Assistant Project Manager
Allowance for 8 weeks of project coordination services at
35 hours per week. Does not include Project Manager
Hours budgeted in the Elevator Modernization Change
Order #002 (1.23.2020), for $28,500.00
280 Hours Allowance $75.00 $21,000.00
01-200 Superintendent
Allowance for a full time superintendent 40 hours per week
for 10 weeks. For the duration of the project + 1 week for
project setup. Does not include Superintendent Hours
budgeted in the Elevator Moderization Change Order #002
(1.23.2020), for $24,700.00
430 Hours Allowance $130.00 $55,900.00
01-210 Foreman
01-215 Skilled labor
01-220 General Labor/Clean-up Allowance for 1 full time general labors to help with material
moving, staging & ongoing site organization 320 Hours Allowance $33.00 $10,560.00
01-300 Engineering & Testing
01-310 Permits & Fees Permit for Encroachment, to allow work for mockups on the
building 1 Lump Sum Allowance $2,405.94 $2,405.94
01-340 General Liability Insurance INCLUDED BELOW
01-400 Mobilzation/Demobilization
01-410 Jobsite Truck Included in the Elevator Modernization Change Order #002
(1.23.2020), for $2,500.00
01-420 Jobsite Trailer
01-430 Temporary Toilet Allowance for 2 temporary toilets cleaned twice a week for
2 months 2 Months Allowance $450.00 $900.00
01-440 Trash Removal
01-460 Temporary Utilities
01-470 Equipment Rental Allowance for scaffolding for Mock up work, which includes
delivery, set up, inspection, and disassembly 30 Days Allowance $1,000.00 $30,000.00
01-500 Shipping & Delivery Allowance to ship materials for Sampling, testing and
approval 3 Shipments Allowance $3,714.13 $11,142.39
01-510 Reprographics Allowance for permit set of drawings and construction
drawings on site.1 Lump Sum Allowance $1,800.00 $1,800.00
01-600 Security
01-700 Final Clean Allowance for 2 person cleaning crew for 2 days 40 Hours Allowance $50.00 $2,000.00
01-750 Temporary Office Allowance for temporary office supplies 1 Lump Sum Allowance $500.00 $500.00
01-825 Parking on Job Sites Allowance for 4 parking passes for 40 days from the city of
Aspen 40 Days Allowance $400.00 $16,000.00
WHEELER OPERA HOUSE (Phase 1) - PRELIMINARY SCHEDULE OF VALUES
***For T&M budgeting only. This does not constitute a bid, proposal or guarantee.
SPEC SECTION
75
WHEELER OPERA HOUSE (Phase 1) GMP 3/17/2020
DESCRIPTION OF WORK QUANTITY UNIT OF
MEASURE TYPE OF COST UNIT COST SUB AMOUNT MATERIALS EQUIPMENT ACI LABORSPEC SECTION
DIVISION 2 SITEWORK $41,474.11 $8,012.06 $0.00 $0.00 $33,462.05
02-100 Asbestos Abatement
02-110 Loading Dock Demolition
Allowance to demolish existing metal door, frame, and
threshold.(D1/D-1.1)(D1/D-3.0) Remove existing CMU and
brick masonry wall.(D2/D-1.1)(D2/D-3.0) Remove the
existing metal ramp, cables, and related accessories.(D5/D-
1.1)(D5/D-3.1) Remove existing CMU + brick for new
mechanical piping + hood salvage brick for infill
areas.(D13/D-3.0)
1 Lump Sum Allowance $26,662.05 $26,662.05
02-200 Surveying & Layout
02-210 Radon
Allowance for Radon subcontractor to move radon vent
pipes further south on west side of building. (D10/D-
3.0)(P6/A-1.1)(E4/A-3.3)(D1/A-6.1)(001/MD-201-PH1)
(2/ED100PH1)(2/E100PH1) Radon pipe vents tight to
ceiling (A-2.1)(005/MD-201-PH1)
1 Lump Sum Allowance $6,332.81 $6,332.81
02-220 Testing & Inspections
02-300 Sitework
02-310 Dewatering
02-320 Soil Treatment
02-400 Wells
02-500 Fencing/Temp Fencing Allowance for the rental of chain link fencing with tarp
covering for the duration of the project.1 Lump Sum Allowance $1,679.25 $1,679.25
02-700 Paving
02-900 Landscaping
02-955 Site Protection Allowance for protection of existing finishes in areas
affected by construction.6800 Sqft Allowance $1.00 $6,800.00
DIVISION 3 CONCRETE $0.00 $0.00 $0.00 $0.00 $0.00
03-100 Concrete Cutting
03-200 Concrete Foundations
03-400 Concrete Flatwork Refer to Line Items 06-100 Labor and 06-150 Materials
03-500 Precast Concrete
03-600 Concrete Protection
03-700 Misc. Concrete
DIVISION 4 MASONRY $23,239.00 $21,699.00 $0.00 $0.00 $1,540.00
04-400 Masonry
Allowance to Remove at least one stone in hatched areas
of each course to determine original fastening. Replace
with new stone to match existing, color, texture,
composition + original profile + fastening typ. at all levels.
(E10/A-3.1) Provide microabrasive mockup for paint
removal and further evaluation of stone condition at hatched
areas assume 3 S.F. Min. (E11/A-3.1) Provide retooling
sample where indicated. (E13/A-3.1)
1 Lump Sum Allowance $21,699.00 $21,699.00
76
WHEELER OPERA HOUSE (Phase 1) GMP 3/17/2020
DESCRIPTION OF WORK QUANTITY UNIT OF
MEASURE TYPE OF COST UNIT COST SUB AMOUNT MATERIALS EQUIPMENT ACI LABORSPEC SECTION
04-410 Masonry Infill @ New
Loading Dock Door
Allowance to Add masonry infill at new loading dock door,
and around new louver. (D9,D14/D-3.0)(E3/A-3.3)(D1/A-
6.1)(514/PD-201-PH1)
22 Hours Allowance $70.00 $1,540.00
04-600 Masonry Paving
DIVISION 5 METALS $32,180.00 $27,980.00 $0.00 $0.00 $4,200.00
05-150 Shoring
05-200 Structural Steel
Allowance for temporary needle beam shoring to allow for
work on expandad garage door opening (6)(2/S-1.1).
Allowance for ACI and Steel subcontractor to install New
steel lintel and columns for rollup door support (P5/A-
1.1)(D3&D5/A-6.1)(D1,D2&D3/A-6.2)(S-1.1), Steel
subcontractor to install steel angle/threshold and steel
plates for jambs (D3&D5/A-6.1)(D1&D2/A-6.2) Allowance
for New steel ladder frame around existing sprinkler piping
(P4/A-1.1)(A-2.1)(1&6/S-1.1),
1 Lump Sum Allowance $27,980.00 $27,980.00
05-225 Labor for Bracing/Installation
of Structural Steel
Allowance for 2 carpenters to temporary brace structure for
steel installation.60 Hours Allowance $70.00 $4,200.00
DIVISION 6 WOOD & PLASTICS $49,500.00 $0.00 $7,500.00 $0.00 $42,000.00
06-100 Labor Allowance for 3 Carpenters to do misc. work insupport of
subcontractors through the duration of the project.600 Hours Allowance $70.00 $42,000.00
06-150 Materials Allowance for misc. materials used throughout the project.1 Lump Sum Allowance $7,500.00 $7,500.00
DIVISION 7 THERMAL & MOISTURE
PROTECTION $0.00 $0.00 $0.00 $0.00 $0.00
DIVISION 8 DOORS & WINDOWS $18,604.46 $12,904.46 $1,500.00 $0.00 $4,200.00
08-100 Interior Doors
08-200 Exterior Doors Allowance to Replace existing, with new loading dock man
door.(P1/A-1.1)(D1/A-6.1)1 Lump Sum Proposal $1,500.00 $1,500.00
08-300 Loading Dock Door
Allowance for the Fabrication, freight and install new 10' x
12' loading dock door (P2/A-1.1)(E2/A-3.3) (D1&D3/A-
6.1)(D1&D2/A-6.2)(S-1.1)
1 Lump Sum Allowance $12,904.46 $12,904.46
08-350 Labor to Install Loading
Dock Door
Allowance for 2 carpenters to assist install loading dock
door.60 Hours Allowance $70.00 $4,200.00
08-400 Entry Doors
08-500 Windows
08-600 Skylights
08-700 Hardware
08-800 Mirrors & Glazing
08-900 Glass Shower Doors
77
WHEELER OPERA HOUSE (Phase 1) GMP 3/17/2020
DESCRIPTION OF WORK QUANTITY UNIT OF
MEASURE TYPE OF COST UNIT COST SUB AMOUNT MATERIALS EQUIPMENT ACI LABORSPEC SECTION
DIVISION 9 FINISHES $14,200.00 $14,200.00 $0.00 $0.00 $0.00
09-100 Stucco
09-200 Drywall & Plaster Allowance to Remove and replace GWB as needed.(A-2.1)1 Lump Sum Allowance $2,500.00 $2,500.00
09-250 Samples
09-300 Tile & Stone
09-400 Wood Flooring
09-500 Carpet
09-600 Epoxy Flooring
09-650 Resilient Flooring
09-800 Acoustical Treatment
09-900 Painting & Staining
Allowance to Prep and paint new steel man door and frame,
located in dock area (D1/D-3.0)(D1/A-6.1); Paint steel
ladder frame used to protect sprinkler piping (P4/A-1.1);
Patch and repaint toilet room ceiling to match existing (A-
2.1); Provide one window mockup for: wood paint removal,
epoxy repairs at wood trim including verticals, horizontals,
and sill, prep, repaint wood sash + trim. (E12/A-3.1)
Provide mockup of prep + painting metal cornice, for full
width of mockup zone.(E14/A-3.1) Prep and paint existing
clam shell door, frame, and threshold, repair areas of
damage from demolished ramp attachment points.(E1/A-
3.2) Paint new roll-up loading dock tube steel header, door
jambs, and threshold (E2/A-3.3)(D1/A6.1).
1 Lump Sum Allowance $11,700.00 $11,700.00
DIVISION 10 SPECIALTIES $0.00 $0.00 $0.00 $0.00 $0.00
10-300 Fireplace & Stoves
10-500 Specialties
10-800 Toilet & Bath Accessories
10-900 Maint. Materials & Supplies
DIVISION 11 EQUIPMENT $0.00 $0.00 $0.00 $0.00 $0.00
11-100 Appliances
11-500 Specialty Equipment
DIVISION 12 FURNISHINGS $0.00 $0.00 $0.00 $0.00 $0.00
12-100 Window Coverings
12-500 Specialty Furnishings
DIVISION 13 SPECIAL CONSTRUCTION $2,500.00 $2,500.00 $0.00 $0.00 $0.00
13-100 Pools & Spas
13-600 Solar
13-700 Security & Alarm Systems Allowance to redo automated access to Freight Elevator
Lobby 1 Lump Sum Allowance $2,500.00 $2,500.00
13-900 Specialty Construction
78
WHEELER OPERA HOUSE (Phase 1) GMP 3/17/2020
DESCRIPTION OF WORK QUANTITY UNIT OF
MEASURE TYPE OF COST UNIT COST SUB AMOUNT MATERIALS EQUIPMENT ACI LABORSPEC SECTION
DIVISION 14 CONVEYING SYSTEMS $0.00 $0.00 $0.00 $0.00 $0.00
14-200 Elevators
Allowance for Thyssenkrupp to modernize the service
elevator for the Wheeler Opera House. This line item is
included in #002 (1.23.2020) Change Order
14-800 Scaffolding
DIVISION 15 MECHANICAL $107,077.42 $107,077.42 $0.00 $0.00 $0.00
15-300 Fire Protection Allowance to relocate sprinkler heads in Freight Elevator
Lobby and Mechanical Mezzanine 1 Lump Sum Allowance $2,500.00 $2,500.00
15-400 Plumbing
Allowance for reconfiguring and rerouting of existing
plumbing vent pipe (P7/A-1.1); existing boiler to be
relocated and hung from ceiling, Existing 6" flue ductwork
from boiler (007/MD-201-PH1), (A-2.1); Existing 4"
waste/grease pipe to be reconfigured inside building (A-
2.1)(501/PD-201-PH1); Basement PVC vent and sanitary
piping to be resealed (504/P-200-PH1); Reroute 4" vent
pipe from basement, through ceiling and into stairwell,
connecting it to existing 4" vent pipe (513/P-200-PH1).
1 Lump Sum Allowance $44,473.00 $44,473.00
15-600 Refrigeration
Allowance for Existing mechanical equipment and rack to
relocated, Route piping to reconnect in freight lobby.(D7/D-
3.0)(A-2.1)(E7/A-3.3)(725/MD-201-PH1)(020/M-201-PH1)
1 Lump Sum Proposal $3,412.92 $3,412.92
15-700 HVAC
Allowance to relocate mechanical equipment (P10/A-1.1)
For new misc. mechanical piping (D13/D-1.1); replacement
of louver and frame (D9/D-3.0)(006/MD-201-PH1); Remove
existing mechanical vent (D14/D-3.0)(006/MD-201), New
mechanical louver/vent (P8/A-1.1)(E9/A-3.3)(117/M-201-
PH1), Install ductwork (A-2.1), Existing 10" outside air
ductwork to be relocated (009/MD-201-PH1), Existing boiler
and associated hot water supply and return piping to be
relocated(722/MD-201-PH1) Reconnect new outside air
ductwork to FCU-1(E) and FCU-2(E)(109/M-201-PH1).
Because of a wide range of Bids, the Sub Amount was the
average of 4 bids.
1 Lump Sum Allowance $56,691.50 $56,691.50
15-900 Test & Balance
DIVISION 16 ELECTRICAL $61,542.00 $61,542.00 $0.00 $0.00 $0.00
16-100 Electrical-120/240 Volt
Allowance for relocation of light fixtures and addition of
infrared heating units in freight lobby (D15/D-3.0), (A-2.1);
demolition of existing disconnects for condensing units,
relocation under new work (1/ED-100-PH1); Demo existing
Genset generator (1/ED200PH1); Demo and relocate
various electric utilities (1-6/ED201PH1), (1/E100 PH1),
(1/E200PH1), (2/E200PH1), (1/E201 PH1), (2/E201 PH1).
1 Lump Sum Allowance $61,542.00 $61,542.00
79
WHEELER OPERA HOUSE (Phase 1) GMP 3/17/2020
DESCRIPTION OF WORK QUANTITY UNIT OF
MEASURE TYPE OF COST UNIT COST SUB AMOUNT MATERIALS EQUIPMENT ACI LABORSPEC SECTION
16-400 Audio Visual
Subcontract Materials Equipment ACI Labor Contingency
Subtotal $537,310.32 $320,663.27 $9,000.00 $0.00 $207,647.05 20%$107,462.06
Contingency 20%$107,462.06
Contractor Fee 10%$32,966.33 10%10%
General Liability Insurance 1.5%$8,059.65 1.5%1.5%1.5%
Builders Risk Insurance 0.5%$2,686.55 0.5%0.5%0.5%
Bond 3.23%$17,355.12 3.23%3.23%3.23%
Total Fee $168,529.72
TOTAL $705,840.04
#NAME?Cost / SF
80
81
82
Page 1 of 2
MEMORANDUM
TO:Mayor and City Council
FROM:Karen Harrington, Director of Quality
Rebecca Wallace, Operations Manager, Community Development
THROUGH: Phillip Supino, Community Development Director
MEETING DATE:March 24, 2020
RE:Amendment Extension for Publicis Sapient Annual On-Demand Support
Contract
REQUEST OF COUNCIL:
Staff is seeking approval of an extension to the latest contract amendment for the Publicis Sapient
Annual On-Demand Support Contract, which is providing technical support and enhancements to the
City’s permits management, land use planning, and code enforcement software system, Salesforce. The
amendment extension provides additional functionality requested by departments, as well as funding for
ongoing technical support.
PREVIOUS COUNCIL ACTION:
On September 24, 2018, the City approved an Annual Contract with Publicis Sapient for the services
described above. Since that time, Council has approved three amendments to this contract to continue
funding the technical support required for this complex system.
BACKGROUND:
Publicis Sapient (formerly Vertiba) began developing this system in late May 2017. The system went live
with the first six permit types in June of 2018, providing enhanced functionality for staff and managers,
and an online application and management portal for the development community. During the same
time, the system went live with the ability to handle contractor licenses and professional certifications
for those in the construction field.
This new system, which uses an app called BasicGov on the Salesforce platform, is integrated with GIS
and the Bluebeam online plans review software. In addition, configured output files supply financial
information for Oracle, and the system consumes configured input files from Innoprise to provide
information on whether applicants have required City business licenses.
In March2019, staff rolledout an additional eight permit types (Phase 2 permits). The remaining permits
(seven total), including building permits, went live over the summer 2019. Staff are now focusingon the
full deployment of the land use planning functionality, the violations functionality, and the public portal.
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Page 2 of 2
DISCUSSION
At this time, the amount of funding desired to continue the On-Demand technical service contract until
October 1 is $50,000, so this item is being brought forward for Council approval. All work performed
under these amendments is on a time and materials basis.
RECOMMENDATIONS: Approve the proposed contract amendment extension to provide necessary
support for the City’s permits, licensing, planning,and violations management software system.
FINANCIAL/BUDGET IMPACTS: The funding for these amendments was included within the 2020
operational budget for the Building Dept ($75,000 in total). No new funds are being requested.
ENVIRONMENTAL IMPACTS:The system will provide electronic end-to-end processing of permits,
planning cases, and code enforcement, reducing paper use.
ALTERNATIVES: Council could forego approving thecontract amendment extension.
PROPOSED MOTION: That the Council approve Resolution #024, Series of 2020, a contract
amendment extension to the Annual VOD Support Contract with Publicis Sapient, specifically
Amendment three.
CITY MANAGER COMMENTS:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________
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RESOLUTION #024
(SERIES OF 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROPOSED
EXTENSION TO CONTRACT AMENDMENT 3 BETWEEN THE CITY OF ASPEN AND PUBLICIS SAPIENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT EXTENSION ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, the City of Aspen has previously entered into a contract with Publicis Sapient for
services related to the support of a permits, licensing violations, and land use application management
sytem; and,
WHEREAS, there has been submitted to City Council a request to approve necessary
amendments to said contract (Project number contract number 2018-105, dated September 24, 2018)
for the purposes of providing the following additional services and functionality:
Expert professional support services
Automation, changes and system enhancements, as requested by staff and prioritized by
Directors
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
That the City Council of the City of Aspen hereby approves the referenced amendment extension for the
continued development and implementation of the City’s permits, licensing, land use planning, and
violations management sytem, between the City of Aspen and Publicis Sapient, and does hereby
authorize the City Manager to execute the amendment extension on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24th day of March
2020.
__________________________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk, do certify that the foregoing is a true
and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado
at a meeting held, March 24, 2020.
__________________________________________
Nicole Henning, City Clerk
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EXTENTION OF AMENDMENT 3 TO ANNUAL VOD CONTRACT WITH
PUBLICIS SAPIENT
(contract number 2018-105)
March 17, 2020
Contract Support Provided
This amendment extends the contract with Publicis Sapient by $50,000.00 to continue funding for
ongoing technical support for the City’s permits management system, Salesforce, until October 1, 2020.
Publicis Sapient will engage with Client to implement the services described below:
On-Demand Support Services
•User maintenance (adding and modifications, de-activating, password resets, role management,
profile management, public groups, queues)
•Security model management (record sharing, accessibility settings, password & session settings,
delegated administration)
•Configuration Changes (creation or modification of custom objects, record types, fields, workflows,
approval processes, page layouts, custom links and buttons, report types, Apps, tabs, labels,
validation rules, assignment rules, auto-response rules)
•Modification of standard objects (Ideas, Campaigns, Products, Assets, Contracts, Leads, Account,
Opportunities, Activities, Cases, Solutions, Users)
•Analytics support (creation, modification and management of views, reports and dashboards)
•Template support (create, edit email templates, mail merge templates, letterhead)
•AppExchange package support (installation, management or removal of AppExchange packages)
•Trigger Development (develop, test, deploy triggers that can be completed in 8 hours or less)
•Feature activation requests
•Data management (import of records; mass transfer; mass delete services. Assumes data is provided
by customer in formatted CSV file)
Out of Scope
Project work, including development of new applications or major functionality within an existing
application, automation of new processes, integration to new systems, change management and other
services not listed above are considered out of scope.
Doc ID: 20200317171239870
Sertifi Electronic Signature
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Support Response Time
Publicis Sapient’s technical support staff is available Monday through Friday, 6:00 a.m. to 6:00 p.m.
Mountain Standard Time, and will respond to all requests within the schedule below. With this
response, Publicis Sapient support staff will provide an estimated time for completion of the requested
work or a request for further clarification to facilitate its resolution.
While Service Requests are initiated online, when required, phone calls will be arranged.
Severity Initial response Further follow-up Description
1 - Critical Immediate 4 Business hours System down* or a critical defect inhibiting the
majority of users from performing key tasks with no
workarounds.
2 - High Immediate 1 Business Day Important defect that significantly impacts
performance of a large number of users, but a
workaround exists.
A critical defect inhibiting a small number of users
from performing key tasks with no workarounds.
User changes, e.g. add, edit, reset passwords, or
inactivate end users from the application.
3 - Medium Immediate 5 Business Days Enhancement that improves usability for the majority
of users or a non-critical defect.
4 - Low Immediate 10 Business Days Enhancement that improves usability for a small set
of users or is cosmetic in nature.
Configuration changes (completion time varies with
scope)
Publicis Sapient will respond with either an estimated
time for completion of the requested work or a
request for further clarification on the request to
facilitate scoping within 3 business days. Publicis
Sapient will endeavor to complete the work as soon
as possible, but does not guarantee any specific
response time for configuration work.
Doc ID: 20200317171239870
Sertifi Electronic Signature
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*System down issues should be logged with Salesforce.
Rates and Staffing
This amendment incorporates new staff and discounted rates, for a broader-based group of Publicis
Sapient support. The staff roles and rates are:
Solution Architect: $190 per hour
Technical Architect: $190 per hour
Salesforce Consultant: 190 per hour
Developer: 190 per hour
Rates will be charged on a times and materials basis. Weekly reporting of hours and funding consumed
will be provided to the City.
LOE Estimates
Publicis Sapient will provide Level of Effort (LOE) estimates for work anticipated to take more than 5
hours of time to research and repair. In those instances, work can only start on the item after approval
by the City project manager.
Contract Cost
This contract is not to exceed $50,000. Payment will be made in advance of services being rendered.
Any unused hours will be rolled over into future contracts or refunded.
______________________________ _________________________________ ___________
Publicis Sapient Authorized Rep Name Publicis Sapient Authorize Rep Signature Date
_________________________________________ ____________
Phillip Supino Community Development Director Date
_________________________________________ _____________
Sara Ott, City Manager Date
Jason English
jason.english@publicissapient.com
03/17/2020Jason English
Doc ID: 20200317171239870
Sertifi Electronic Signature
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MEMORANDUM
TO:Mayor and City Council
FROM:Sara Ott, City Manager
DATE:March 19, 2020
RE:Request for Emergency Response Appropriations from the
General Fund Balance, Resolution 25-2020
SUMMARY: Resolution #025-2020 provides new appropriations of $200,000 from the
City’s General Fund for the purpose of aiding City of Aspen residents experiencing
housing, childcare and food insecurity due to the drastic reduction of employment
opportunities resulting from the impacts of COVID-19.
These financial resources are proposed to be transferred to Pitkin County Human
Services to administer through its existing qualifications framework. This includes Pitkin
County verifying income, household size, needs, and leveraging eligibility for existing
state and federal aid programs.
An intergovernmental agreement (IGA) would be executed by the Aspen city manager
with Pitkin County to document details of tracking and reporting on the funds used for City
of Aspen residents.
These funds may be eligible for reimbursement in the future through state and federal
relief packages; however, there is no guarantee. Further, reimbursement processes take
time, while the need is immediate for the City’s economically vulnerable residents.
BACKGROUND:The City of Aspen has been under a local disaster emergency
declaration since March 12, 2020 due to COVID-19. Since the declaration, several Public
Health Orders from local and state public health officials, as well as an Executive Order
from Governor Polis, has halted most aspects of Aspen’s hospitality economy. This has
put some residents in immediate financial hardship for the most basic living needs as
unemployment rises in the City.
As of March 19, 2020, midday, at least 50% of the 382 requests for relief that have been
from City of Aspen residents. For these applications, County staff are conducting
interviews and qualifying people as quickly as reasonably possible. Based on initial
estimates from County staff, assistance is projected to be typically $100-$800/month for
food plus additional dollars for housing assistance depending upon income and family
size.
Without greater specifics at this time, an initial contribution of $200,000 is proposed to
add a significant boost to the County’s efforts as bridge funding.
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FINANCES: This is a new appropriation request from the fund balance of the City’s
General Fund. While the City’s collections (from taxes and fees) will be muted for 2020
relative to previous forecasts assumed when the 2020 Budget was adopted, this
additional $200,000 can be supported from current reserves and will be factored into
future spending authority decisions for this year.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 025, Series
2020.
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RESOLUTION NO. 025
(SERIES OF 2020)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
ADOPTING EMERGENCY APPROPRIATIONS TO THE 2020 MUNICIPAL BUDGET
IN RESPONSE TO COVID-19 SUPPORT
WHEREAS,the City of Aspen declared a local disaster emergency on March 12, 2020 pertaining
to the occurrence or imminent threat of widespread or severe damage, injury or loss of life or
property resulting from COVID-19; and
WHEREAS,whereas the City of Aspen commenced and continues to support crisis response
efforts (through both personal and other resources) led by the Pitkin County Incident Management
Team; and
WHEREAS,on March 17, 2020 Pitkin County Board of Commissioners adopted emergency
spending authority for its Public Health Emergency Response programs to provide additional
resources for rental, food and childcare assistance for those experiencing financial distress as a
result of the COVID-19 impact; and
WHEREAS,current resources dedicated within Pitkin County’s budget appropriation are likely
to be insufficient to address the aggregate demands for relief, including those from City of Aspen
residents;
NOW THEREFORE,be it resolved by City Council, that the budget for the City of Aspen,
Colorado for fiscal year 2020 be amended to include an additional one-time emergency
appropriation of $200,000 from the City of Aspen’s General Fund. These additional resources
shall be released to Pitkin County under an Intergovernmental Agreement (IGA) for the purpose
of providing financial relief to City of Aspen residents in the areas of rental, food and childcare
assistance under the existing Pitkin County qualification’s structure for relief. City Council does
hereby authorize the City Manager of the City of Aspen to execute such IGA on behalf of the City of
Aspen, subject to the approval of the City Manager and the City Attorney
Adopted this 24th, day of March 2020
_____________________________
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk of the City of Aspen, Colorado, do
hereby certify that the foregoing is a true and accurate copy of the Resolution adopted by the
City Council at its meeting held on the 24th day of March 2020.
_______________________________
Nicole Henning, City Clerk
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards,
Hauenstein, Mesirow and Mullins present.
SCHEDULED PUBLIC APPEARANCES:
Mayor Torre introduced a team closest to the corona issue. Gabriel Muething is the Copa 19 Incident
Commander for Unified Command. Joey DiSalvo, Pitkin County Sheriff, and Karen Koehnman, Director
of Public Health. Mr. DiSalvo started off with a history lesson and said that in 1987, we were one of the
first counties to take incident command from the fedsand we embraced it. We have the highest
standard of incident command structure in Colorado and we became a level 4 management team. We
have the respect of the state and get called to major incidents throughout the state. Our role is to stay
out of their way. We aren’t used to not being in charge, but Gabe is now my boss as long as this issue is
going on. He’s discouraging everyone from sharing sensitive information. This has to be kept within the
team. Some of the information isn’t fully baked yet. We’ve never been in better hands. We’ve handled
a lot bigger than this and Gabriel dealt with the Lake Christine fire as well. It was controlled with good
structure. He went on to explain the roles of the structure.
Ms. Koehnman said the flu is here to stay, but we’re trying to prevent the corona virus from becoming
an endemic. All we have so far are non-pharmaceutical interventions. We’re trying to slow the spread
of the virus. A lot of monies have been put into vaccine development and we are ensuring the most
vulnerable aren’t getting sick. Folks over 80 are mostly affected. This is a new virus and began with
animal to human transmission and then human to human. It’s a new corona virus. The corona family
has been around for a long time. She reminded everyone of basic preventative care, cover coughing,
wash hands, stay home when sick. She explained the process of dealing with the girl from Australia.
Their press release will be out before the state issues theirs. This all takes time while respecting this
person’s privacy. We are asking people to be patient.
Councilman Hauenstein asked if based on incubation, that we can assume it came from Australia and
Ms. Koehnman said we can’t assume that. She said someone from CDHP is arriving tonight since they
are leading the response on this.
Mayor Torre asked about contact info, where to check, etc. Ms. Koehnman said there is a one stop shop
on the public health website via pitkincounty.com with a Covid 19 link. It is being updated daily with the
best information. If you need a screening, call the state 303-692-2700, which is an epidemiology line.
Councilman Hauenstein asked about dogsand Ms. Koehnman said it’s not known if dogs can transmit
the virus.
Councilman Mesirow asked about testing. Mr. Muething said it is pointless to take the test if you are not
showing symptoms. He said there is a screening tool at the CDC where someone can do who is having
symptoms plus a known exposure to someone who test positive for Covid. Mr. Muething said if you are
sick, stay home. This is the quickest way illnesses get spread around. This virus is very easy to kill and
can be done with typical household products. Take the time to wipe down doorknobs and countertops.
Ms. Koehnman said we are working on updating the website every Friday and we will continue to
release press releases before the state.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
Councilman Mesirow asked about business owners and managers regarding guiding documents from
the CDC on the web for different organizations.
Councilman Hauenstein asked for clarification on the virus and the illness. Ms. Koehnman said that S-
Covid-2 is the virus and Covid 19 is the illness and Corona is the family that it sits under.
CITIZEN COMMENTS:
Peter Fornell – Mr. Fornell said he is a longtime Aspen resident. He is lucky to be a part of this town. He
refers to himself as the reluctant developer. He always builds within the regulations and guidelines and
responsibilities to give back to the community. He said there are egregious violators, and he can’t help
but to pursue the right thing. As you may be aware, the property that I purchased on Gibson Avenue;
777 Gibson. He soon discovered that his neighbor, had violated building code and built two parcels
without a permit or permission, and against his allowable FAR. 13 months ago, he informed the city of
this shed, and he has since donated his property to the city, but the neighbor still has ownership of his
property. He mentioned Jim True writing a letter to this neighbor, and there’s been no action or
enforcement ever since. He’s here tonight for a response about people doing whatever they want, and
he wants an update.
Mr. True said he doesn’t have a lot to report. We inherited that litigation from Mr. Fornell, as there are
violations. He did remove the deck behind his house, and the structure that Mr. Fornell is referring to is
a carport and it’s still up and is part of the litigation. He’s got a quiet title action. We have not, at this
point, taken further steps to have it removed, but it doesn’t mean that it’s not on our radar. He agrees
that it’s been a while, but we did get into a contentious discussion regarding 777 Gibson, and we took
action that we felt was appropriate, ultimately acquiring the property through Mr. Fornell and is still a
matter we are working on.
Councilman Hauenstein understands his concerns and emotions.
Mr. Fornell said it’s especially offensive to him when he works so hard to make sure he’s within the
regulations and guidelines. If he needs help removing it, he’s happy to help.
Mr. True said we agree with Mr. Fornell on the position.
Lee Mulcahy – Mr. Mulcahy said he is grateful for many things. He said he doesn’t know why the crisis
management team didn’t take questions from the public so we can know where they were, what
airplanes they flew on, etc. There are questions, and he’s worried about his 84-year-old mom. He said
that the sheriff called what is happening to him and his home, a witch hunt. He spoke about his house
and APCHA. He asked to put a court order in the public record, and Mr. True said it’s a public record
already and doesn’t know the status of that case. Mr. Mulcahy said he is currently in the supreme court
with the Ski Co. as wellbut doesn’t expect to win. His freedom is in peril.
Amos Underwood – of 301 W. Hyman wants to ask about 312 W. Hyman because it has sat empty for
over a year and wants to know why we can’t we put someone in it. Mayor Torre said we are trying to
sell it. Mr. Underwood said he is surprised there isn’t a single city employee looking for housing or
anyone else in the community. Councilman Hauenstein said it isn’t up to code and couldn’t further
expand. Mr. Underwood asked to keep updated on this. Mayor Torre there has been a lot of turnover
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that has happened and there’s been more negotiations going on and more than just trying to sell it. He
said he’s happy to look into it and it isn’t their first choice to let it sit empty.
COUNCILMEMBER COMMENTS:
Councilman Hauenstein expressed a level of comfort and confidence in management handling the
Covid-19 virus. He witnessed them in action at the X-Games. He is impressed with the level of
confidence. He doesn’t want people to panic, but just take measures that have been pointed out. He
reminded people to text c virus to 888777 to get on Pitkin alerts for updates. We’ll get through this.
Councilman Mesirow said please don’t panic but do prepare. Remember that you’re protecting yourself
and others.
Councilwoman Mullins said she appreciates the group being here. She said Karen’s explanation was a
very even-tempered explanation that does not lead to panic. She said the messaging system has been
great. The government has issued a state of emergency for Colorado, but it is not to scare people, but
just to be first in line to have the resources we need. Good for him for being proactive.
Councilwoman Richards asked if we might have some time on an upcoming work session with a request
from the housing board. it’s a matter that she and Skippy disagreed on for the housing board. The
request is to be able to increase the resale price of single-family homes. She supports the goals and said
we don’t have a capital reserve program on single family homes. This is going to take a lot of diligence
and thought. This is an issue for them to check in with council on before it comes for a final vote with
APCHA.
Councilwoman Mullins said she supports having a work session on this as well.
Mayor Torre said he’s supportive of a work session. He asked if this is the appropriate venue to have
this discussion and forward comments to APCHA. Ms. Ott said it wouldn’t be appropriate to forward to
the APCHA board, but to your voting members and have them pass on. It is appropriate for the council
to have this discussion. She said this convo is very timely and she will inquire on APCHA’s staff ability to
come present to council.
Mayor Torre said that tomorrow night at the Limelight is a climate action modeling exercise from 6-7:00
p.m. and will be a panel discussion regarding Roaring Fork Valley resiliency. After, head to the Wheeler
for comedy with Paula Poundstone on Thursday.
AGENDA AMENDMENTS: None.
CITY MANAGER COMMENTS:
Ms. Ott thanked the incident management team who showed up tonight. She wants to make everyone
aware of an advisory that came out from Pitkin County public health today. There are a lot of inquiries
about hosting events or gatherings. The advisory is addressing making these choices and how to use a
guide from the CDC. These are the same guidelines that city staff will also use. We are making internal
preparations regarding staffing, etc. and we will follow up offline. Next Tuesday is the joint meeting
with the BOCC commissioners. We will be talking about Covid-19. The BOCC also updated their goals
for 2020 and would like to share those. She said to let her know if you have other thoughts or plans for
this meeting.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
Councilman Hauensteinasked about the city of Aspen declaring a state of emergency. Ms. Ott said
there are misconceptions about declaration. Your needs are beyond local means. I think we will wait to
see what the test results are. The mayor and manager have the ability to make a declaration, which
council can approve or deny in an extension of the resolution. A declaration also enacts the emergency
procurement provisions of the city to obtain resources more quickly and she can then report to council
on the expenditures. Either position has the authority to make the declaration; mayor or manager.
BOARD REPORTS:
Councilwoman Richards said the Northwest Council of Governance Water will be having their meeting
virtually this Friday. She has a conflicting meeting. Friday is a Club 20 meeting for her. Councilwoman
Mullins said she and Torre were down in Denver at the CAST meeting and she will let Torre speak about
it. Regional POD is tomorrow, and RFTA is Thursday. Mayor Torre said at the CAST meeting, they
received a legislative update from Kevin at CML. They had a professor from the University of Colorado
who spoke to them about statewide economics in regard to ski counties. He will share the talk with
everyone once it’s available to us. He shared some amazing data.
CONSENT CALENDAR:
Councilman Hauenstein pulled Resolution #013, which was Councilwoman Mullins choice as well.
RESOLUTION #013, SERIES OF 2020 – Pete Rice and Jack Dannenberg of the City of Aspen Engineering
Department
Councilman Hauenstein said he is intrigued with the porous pave and asked if it will be used. Mr. Rice
said the one in front of the affordable housing, they will have to have a separate discussion on and are
trying to find a test case for it. Councilman Mesirow asked for the benefits of this and Mr. Dannenberg
said we are trying to decrease impervious area to decrease the run-off pollutants that make it to the
river.
Councilwoman Mullins asked about the experiment we did right outside of City Hall. Mr. Rice said we
have a couple places by the bus stop and the Galena Plaza roadway and said this is a little different.
Councilwoman Mullins said she would like another work session to take a look at sidewalk master plan,
which was first developed in 2003 and perused in 2015. We should really decide if we want urban
character downtown. She would also like to see the “safe routes for kids” program implemented.
Trish Aragon, City Engineer, said we use this plan to decide if a development needs a sidewalk. We used
this plan to find where there are gaps in the sidewalks and where the city should step in to fill those
gaps. To look at a deferred zone is a bigger issue. There are people on both sides of the table, who want
sidewalk and don’t want sidewalk. We can have an open community discussion.
Councilwoman Richards said maybe it’s just a refresher for the council.
Councilwoman Mullins said she would like a bigger community discussion. She also asked for
Engineering’s work plan review and Ms. Ott said it’s scheduled for May 5th.
Councilwoman motioned to approve the consent calendar; Councilwoman Richards seconded. All in
favor, motion carried.
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 10TH, 2020
CALL UPS: 234 W. Francis – Conceptual Major Development, Setback Variations, and Floor Area Bonus
Sarah Yoon
This was seen by HPC on November 13
th and an approval was given February 12
th. There is a two-story
historic Victorian on the property and a one-story miners cabin. Restoration work being proposed and
the removal of non-historic additions and details. The applicant is eligible to receive up to a max of 5000
square foot bonus. Staff recommends council uphold HPC’s decision. HPC had a unanimous 6-0 vote.
Councilwoman Richards said she is not interested in calling this up.
Councilwoman Mullins noted that the fence was designed by Bayer.
201 E. Main Street – Minor Development, Commercial Design, GMQS, Relocation, and Setback
Variations
Sarah Yoon
HPC reviewed this proposal on September 11th, 2019 and was continued for restudy. The applicant
provided a completely redesigned project, which was presented on January 8
th. Ms. Yoon continued to
explain the project and said that HPC voted unanimously in support and staff recommends that HPC’s
decision be upheld.
Councilwoman Richards is not interested in calling this up and Councilwoman Mullins agreed.
320 E. Hyman Avenue – Wheeler Opera House – Minor Development Review, Commercial Design
Review
Amy Simon
Ms. Simon explained the freight elevator replacement and the mechanical equipment on the roof, which
is a chiller that needed replacing and was an emergency action and the addition of solar panels to the
roof. HPC approved this project, 4-0. Staff is asking to uphold their decision.
Mayor Torre asked about benefit and capacity. Ms. Simon said there is a complete analysis in the packet
application, but they will see a 12% offset of annual demand and $240,000 in REMP fees.
Councilwoman Richards has a hard time wanting to see these on historic buildings but accepts why. The
hesitation is because she wants to see the full structural engineering before adding more weight to the
roof.
Scott Miller said he’s been involved in all renovations going several years back and nothing has been
added without a complete structural analysis. We wouldn’t’ touch it without a structural engineer telling
us it’s ok.
Councilman Mesirow said he gets the historic structure, but he really enjoys the solar approach and
protecting where we’ve come from and where we’re going.
Mayor Torre asked about city of Aspen power and adding solar and how this integrates. Mr. Miller said
this is for offsetting electrical use and is really an efficiency measure.
Councilwoman Mullins said the panels are appropriate
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Councilwoman Richards said she is not interested in calling this up and she appreciates HPC’s hard work.
Mayor Torre suggested a five-minute break.
ORDINANCE #03, SERIES OF 2020: First Reading – Adoption of Wireless Communications Facilities
Design Guidelines and Amendment to Land Use Code, Chapter 26.505
Ben Anderson, City Planner and Justin Foreman, Utilities Operations Manager
Mr. Anderson said this ordinance adopts design guidelines for small cell facilities for the right of way.
This pulls all of this around design out of the land use code into the stand alone document and giving
clarity to the review processes. From a previous work session, there were five topics highlighted: height,
design of luminaire, relationship of small cell facilities to street light systems, densification, adding a few
additional sites to historically designated spots. As far as height, 25 feet is the most restrictive in any
community in Colorado. On the luminaire design, the conversation was around the color of the lighting.
After the conversation with council, we went back to P&Z and HPC, and both groups were concerned
with the historical properties in town. Staff wants to protect what we need to protect and we have put
all 300 properties on a discouraged list. We haven’t included this yet, and saff is concerned about
neighborhoods and how restrictive this might be and trying to find a balance. We would like some
feedback from council on this.
Councilwoman Richards said we would have to include this on first reading and remove it on second
reading. You can’t go from first and expand into second.
Mr. True said the suggestion here is to get your feelings about it and move forward. It can be reduced
on the second reading. But might be hard to say on the second reading that something is prohibited.
Councilwoman Richards said maybe we can look for some more expansive language other than
‘discouraged’. It’s not a hard no for her.
Mr. True said it depends on the nature of changes. You have a lot of leeway here to modify it and based
on the public hearing that you will have.
Councilwoman Richards asked who has the discretion to choose and Mr. Anderson said it’s up to the
carrier and we are trying to put as many parameters around this as we can. We need to have a
discussion regarding ‘suggested’ and ‘prohibited’ and work arounds.
Councilman Hauenstein is concerned about a fully functioning system with the distance limits and Mr.
Anderson said, right now we’re being told that 600 feet is sufficient. This distance may change in the
future and the design guidelines are flexible to accommodate changes in technology.
The council thanked Ben and Justin for all of their hard work.
Councilwoman Richards motioned to read Ordinance #03, Series of 2020; Councilwoman Mullins
seconded. Ms. Henning read the ordinance.
Councilman Mesirow said he still thinks 20 feet is better because 25 feet is going to feel really imposing.
The height is relative to existing features and 20 feet is a more appropriate height limit.
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Mayor Torre said that staffs recommendation is 25 feet. Mr. Anderson said it’s not impossible but
related to the vendors who make these poles, 25 feet is even pushing it if you’re looking at having more
than one vendor on a pole. Taller poles give more coverage and 25 is just kind of the limit.
Councilman Hauenstein asked what our tallest light poles are in town and Mr. Anderson said just under
20 feet.
Councilwoman Richards moved to approve Ordinance #03, Series of 2020 on 1st reading with addition of
language on 300 historic properties; Councilwoman Mullins seconded. Roll call vote: Mullins, yes;
Hauenstein, yes; Mesirow, yes; Torre, yes; Richards, yes. 5-0 motion carried.
Councilman Hauenstein motioned to adjourn; Councilman Mesirow seconded. All in favor, motion
carried.
______________________________
Nicole Henning, City Clerk
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REGULAR MEETING ASPEN CITY COUNCIL MARCH 13TH, 2020
At 3:00 p.m. Mayor Torre called the regular meeting to order with Councilmembers Richards, Mesirow,
Mullins and Hauenstein present.
Mayor Torre read a release from city council. He said we care about everyone in this unprecedented
time in Aspen, the country and in the modern world. We are facing challenges never faced before and
must keep level heads, take proactive measures and have compassion. We have declared a state of
emergency, so that we are eligible for federal resources and to signal to the community that we are
being as proactive as possible. There are ten known cases and all ten are in voluntary isolation. We will
be closing non-essential facilities, following best practices, setting examples for other organizations, and
businesses, while discouraging public gatherings. Our essential services are still open and running. We
encourage people to do business via phone or web and we will keep the community updated. We are
all in this together as it is an incredible opportunity to protect ourselves. We are in uncharted territory
and we need to come together to support one another. These measures are being taken to shorten the
length of time the virus is active in the valley. We are continuing to advocate for the health and safety
suggestions found on pitkincounty.com and the CDC website. It’s important that this council remind
everyone to avoid contact and stay home and avoid social gatherings.
RESOLUTION #20, SERIES OF 2020 – Extension of the Declaration of Emergency
City Attorney, Jim True, said that yesterday at 2:00 p.m.; pursuant to state statute, Sara Ott issued a
declaration of emergency for the city of Aspen. This declaration will only last seven days unless city
council will extend via resolution. The declaration will stand until city council chooses to terminate it.
Councilwoman Richards said thank you to Sara and Jim and city staff working behind the scenes. She
wants to add to the 5th “whereas”, she would like to add the words “finds appropriate to protect
property and civil order”. She thinks it’s an important component as we ask the public to stay calm.
Mayor Torre asked if this is an appropriate place to make this change and Mr. True said it’s appropriate.
Ms. Ott said she has no comments on the matter.
Councilwoman Mullins said she would support the change.
Councilman Hauenstein said he would like to set some definition of when we will come out of the
emergency, whether it be 14 days after last neg test. He has a certain level of discomfort without a
specific date. Mr. True said that council will make an action to terminate. Defining when to do this
would be very difficult. He’s not sure what kind of definition to put into this or how appropriate it would
be.
Councilwoman Richards doesn’t want to create false expectations by creating a deadline too soon. It’s
more about the national response. We may have a first wave and then more to come and she would
rather leave this indefinite and have council’s ability to terminate it at a later date.
Mayor Torre said he is in Rachel’s camp on this.
Councilman Mesirow agreed and said he has full trust in this body to visit this as we go.
Councilwoman Mullins supports it as well.
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Councilwoman Richards motioned to approve Resolution #20, Series of 2020 with the amendment;
Councilman Mesirow seconded.
Mr. True said he sent a copy to council earlier today with one addition adding a line that the prior
declaration was attached. Councilwoman Richards said she acknowledged that the prior resolution is
attached.
All in favor, motion carried.
RESOLUTION #21, SERIES OF 2020 – Amending City Council Rules and Regulation to Address Meetings
During Times of Emergency.
Mr. True said this amends the rules and regulations adopted by council in Resolution #51, Series of
2005. It gives the city manager authority the ability to provide rules and procedures for conducting city
council meetings and other boards and commissions through electronic means. As we move forward,
there may be desire for people to participate electronically. There are actions that council can take for
council to be present virtually at meetings instead of in person. Whether it’s the public participating or
council, we are trying to set forth rules which would allow this, and we are trying to amend the rules and
regulations which would allow this to be done.
Councilwoman Mullins said she would love to see video and not just audio.
Ms. Ott said we are trying to ensure equity of access and this may present a challenge for some people.
Councilwoman Mullins said she would like to see an end date on this one because she doesn’t want
future meetings to move to this virtual place. Mr. True said that was the intent and we are not currently
looking at this for a broader use.
Councilwoman Richards thanked everyone. She said she would add one thing under the “be it resolved”
section to ensure media access, required under the sunshine laws. How do we just state for the record
our intent is for access. Ms. Ott said this resolution does not do that and she does not want to call out
certain groups.
Councilwoman Richards said that an emergency declaration does not get rid of sunshine laws.
Mr. true said that we will prepare it in a manner that is completely compliant.
Councilwoman Richards said she accepts this as sufficient.
Councilwoman Mullins motioned to approve Resolution #21, Series of 2020; Councilman Mesirow
seconded.
Councilman Mesirow said the expansion of citizen participation through digital means was a good idea
before the crisis and it will remain a good idea.
CITY MANAGER COMMENTS: – Ms. Ott said there is a lot going on and we are continuing to push out
information to the community and coordinating with the incident management team. We are assisting
businesses and trying to convey in layman terms around the public health order. We are encouraging
the public health department to do this as well. The environmental health department is here to give
support to the restaurants as well to figure out how they can keep everything sanitary. Restaurants will
also be changing to carry out or delivery options. We are taking steps to ensure containment for the
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community. On a bigger picture, she’s very proud of our staff. As of Sunday, they are making extended
sick leave available and they are also looking at intermittent part time people who are eligible and how
are we going to support these folks. We will monitor closely community transmission and data and this
was a trigger point for yesterday’s emergency declaration. We as a community need to take action and
our facilities need to enact social distancing. We will try as quickly as possible to open back up. We’re
here to listen and help be a conduit and we can help get your questions to the right places.
Councilman Hauenstein said we are in a constant state of flux. One of the concerns is hourly wage
workers aren’t as capable of staying home and working when they are sick. He asked if we help fund
these people with symptoms to stay home. Ms. Ott said we are monitoring that closely and we are
hoping the state can help provide some clarity for our work force for neighbors and friends here in
Aspen.
Councilwoman Richards said we are going to continue to look for ways to assist the public and she looks
forward to future conversations.
Mayor Torre said that over the last couple of days, we are looking for next steps and looking to stay
ahead of this. Ms. Ott agreed and said we’ve had some service interruptions. The impact to the
community is minimal, but we are feeling it internally. For the community, we are honestly still in the
response stage and haven’t hit recovery yet. We are looking at sales and lodging tax collections for
economic impact to design policies and be informed for the long haul. For the short haul, social
distancing is still encouraged. We have a compassionate community that understands and it’s
unprecedented to take these steps, but it’s key. We are working with the incident management team to
encourage and mandate changes going forward. All the city council and board meetings have been
canceled for next week.
Councilwoman Mullins said in terms of response, she’s confident that we will be very understanding and
open to ideas. To change rules, to support etc. and she hopes everyone remains open to new ideas to
get us through this situation. Councilwoman Mullins said thanks to the staff, city and county. Everyone
has done an unbelievable job. concerned regarding the health of population. We are positioning
ourselves to support the city and mitigate. There might be temptation to isolate, but we need to follow
protocol. We need to be aware of anyone who needs support and be aware of what is going on around
us. We must do this and beat this as a community.
Councilwoman Richards said this is top of mind. We’ve seen a statewide and national declaration of
emergency. It’s important to take this seriously and that is what we’re asking of the public. She spent a
lot of time as restaurant cook and you learn better safe than sorry and when in doubt throw it out. We
all have to be better safe than sorry right now. This is unprecedented for us as a country, but not the
world. We must lead by example. We are cancelling and postponing, as well as cleaning and using
products. We are asking that people be calm, but not complacent; be proactive, but don’t panic. She
mentioned the movie Apollo 13 with Tom Hanks and she cited a quote regarding this being NASA’s
finest moment. She said that Aspen needs to pull together to make this our finest moment in protecting
our citizen’s health.
Councilman Hauenstein said he is a citizen, a human, and a council member. He said eight years ago, he
bought a new car and he hit a bear on the way home and the car never saw Aspen. The bear became his
totem. He purchased a Hopi bracelet with a bear on it in Santa Fe. He was told that if the bear faced
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towards him, it gives him strength, but if it faces outwards, it gives other people strength. He’s always
worn it facing him, but now he’s turning it around to face the community. It’s time we need it. He read
several quotes and read off a list of events that have been cancelled such as NBA and the NCAA
tournament and MarchMadness. Council and staff will come up with the solutions and answers
together. We are in this together. Citizens should engage in this endeavor. This challenge has been
placed upon us by destiny. We need to do our part to follow protocols. We will succeed. Be prepared
for the recovery period to be elongated. Thank you to all city staff, council, and city manager.
Councilman Mesirow said thank you to everyone. This will be difficult, but I think we are lucky
compared to most others even with the economic impacts. Many places have to choose between
health and economic outcomes, but these are the same for us. We are lucky to have had one of the
best seasons to date, but Aspen effectively self-quarantines in the off season. In taking the best efforts
to stop the spread right now, we can demonstrate that Aspen is safe again this summer. We are lucky to
be in this position. He will keep everyone up to date through his social media channels. Walking into
this building, despite the difficulty of the situation, there have been aggressive and healthy steps to
protect everyone. He is grateful to be at this table.
Councilwoman Richards thanked all the members of the media who have been reporting on this
accurately and consistently.
Mayor Torre said everyone has had frustration with some of the information over the past five days.
We are working on this and with the local agencies to get better information out to the community. We
have a long list of next measures for community containment. Please take every precaution you can.
This is our number one priority right now with social distancing.
Councilwoman Richards motioned to adjourn; Councilman Hauenstein seconded. All in favor, motion
carried.
______________________________
Nicole Henning, City Clerk
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MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Phillip Supino, Community Development Director
MEMO DATE:March 17, 2020
MEETING DATE:March 24, 2020
RE:CONTINUATION -Minor Subdivision - Lot Split –949 West
Smuggler Street, Ordinance No. 002, Series of 2020.
APPLICANT:949 West Smuggler Street,
LLC
REPRESENTATIVE:Chris Bendon,
BendonAdams, LLC
LOCATION:949 West Smuggler Street
CURRENT ZONING:Split Zoning;
Residential - 6 (R-6) on eastern portion
of the lot and Residential – 30 (R-30) on
the western portion of the lot.
SUMMARY OF REQUEST: The Applicant
requests Minor Subdivision – Lot Split
approval to subdivide the subject
property into Lot 1 and Lot 2. No
development is proposed at this time
and Lot Split approval is only
requested. Power Plant Road
traverses the subject property and its
ownership is unclear. The Applicant
proposes to dedicate a Power Plant
Road right of way (ROW) to the City
during this subdivision process.
STAFF RECOMMENDATION:Staff recommends that
City Council continue the public hearing to April 28,
2020.
Figure 1. Aerial photo of subject property
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REQUEST OF CITY COUNCIL:The Applicant requests a Minor Subdivision - Lot Split review
pursuant to draft Ordinance 002, Series of 2020 to create two (2) separate and distinct
parcels. This request will be reviewed in accordance with Land Use Code Section
26.480.060.A and Land Use Code Section 26.480.040. First and Second Reading is
required of this request. City Council is the final review authority.
STAFF RECOMMENDATION:
Staff recommends Council continue the public hearing of Ordinance No. 2, Series of 2020
to April 28, 2020, to prevent expiration of the public notice and allow for Council action at
a future meeting.
PROPOSED MOTION (WORDED IN THE AFFIRMATIVE):“I move to continue consideration of
Ordinance No. 2, Series of 2020 granting Minor Subdivision – Lot Split approval to April
28, 2020.”
Attachments:
None.
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MEMORANDUM
TO:Mayor Torre and Aspen City Council
FROM:Justin Forman, P.E., Operations Manager, Utilities;
Ben Anderson, AICP, Principal Planner, Community Development
THRU:Trish Aragon, P.E., City Engineer
Andrea Bryan, Assistant City Attorney
Tyler Christoff, P.E., Director of Utilities
Paul Schultz, Director of Information Technology
Phillip Supino, AICP, Community Development Director
MEMO DATE:March 19, 2020
MEETING DATE:March 24, 2020
RE:Wireless Facility Design Guidelines and Related Land Use Code
Amendment; Second Hearing – Ordinance No. 3, Series of 2020
______________________________________________________________________
REQUEST OF COUNCIL:
Council is requested to continue the public hearing for Ordinance No. 3, Series of 2020
at Second Reading until April 28, 2020.
The Ordinance would approve the Wireless Communications Facilities Design Guidelines
and a related Amendment to Land Use Code Chapter 26.505, Wireless Communications
Facilities and Equipment.
Due to concerns related to COVID-19 and the desire to honor the nature and purpose of
a public hearing, staff felt it was inappropriate to consider the Ordinance during the March
24, 2020 City Council Meeting.
DISCUSSION:
Staff will return to Council on April 28, 2020 for Second Reading of this Ordinance in a
continued public hearing. If social distancing recommendations or other concerns remain
for the regular meeting on April 28th, Staff will propose a further continuance to a future
date certain.
While staff has been working expediently to get the Wireless Design Guidelines and
related Land Use Code amendment adopted, this delay of consideration by City Council
should not cause any significant impacts at this time.
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FINANCIAL IMPACTS:N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES:N/A
RECOMMENDATION:
Staff recommends that City Council continue the public hearing of Ordinance No. 3,
Series 2020, on Second Reading to April 28, 2020.
Recommended Motion:
“I move to continue the public hearing for Ordinance No. 3, Series of 2020, on Second
Reading until April 28, 2020.
CITY MANAGER COMMENTS:
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