HomeMy WebLinkAboutagenda.council.regular.20250610AGENDA
CITY COUNCIL REGULAR
MEETING
June 10, 2025
5:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
IV.Citizens Comments & Petitions
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
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V.Special Orders of the Day
VI.Consent Calendar
VIA.Resolution #078, Series of 2025 – As-Needed Radio Telemetry, Software, and
Electric Service Contract Approval
VIB.Resolution #079, Series of 2025 - Design Workshop Change Order for Conner
VIC.Resolution #081, Series of 2025 - Stage One Water Shortage
VID.Resolution #083, Series of 2025 - Intergovernmental Agreement Colorado Mountain
College
VIE.Resolution #084, Series of 2025 - Amendment to Ajax Cubs Lease
VIF.Resolution #087, Series of 2025 - Waiver of Employment Restrictions for Former
Mayor Torre
VIG.Draft Minutes of May 27, 2025
VII.Notice of Call-Up
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
(These matters may be adopted together by a single motion)
Council Memo_2025 As-Needed Radio Telemetry Services_FINAL.docx
Attachment_A_-_Reso__078_of_2025_As-Needed_Radio_Telemetry_Services.pdf
Attachment B - 2025-174 As-Needed Telemetry, Software, and Electric Services.pdf
Attachment C - 2025-174 BID TLECC.pdf
Conner Park Memo DW 250610.docx
Conner_Park_Reso__079_of_2025_DW_250610.docx
Conner Park Exhibit A DW.pdf
Conner Park Change Order 1.pdf
June 10 2025 Stage One Water Shortage Council Memo_rev1.docx
Resolution__081-_Stage_One_Water_Shortage (2).doc
6.1.2025 Memo - Resolution #083, Series 2025, Intergovernmental Agreement with
Colorado Mountain College 2025.pdf
6.1.2025_Resolution__083__Series_2025_-
_Intergovernmental_Agreement_with_CMC_for_3_years.pdf
6.1.2025_AS_-_IGA_-_City_of_Aspen-_3_years_5.2025.pdf
6.1.2025 Memo for Ajax lease amendement for space expansion.pdf
6.1.2025_Resolution__084__Series_2025_-
_First_Amendement_to_Ajax_Cubs_Lease.pdf
6.1.2025 Lease Amendment - Ajax Cubs LLC 2025.pdf
Resolution 87_Waiver of Employment Restrictions for Former Mayor Torre (1).docx
Letter from M. Harrington to Council_Torre Employment.docx
Torre's Request for Waiver.docx
cc.min.052725.docx
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VIII.First Reading of Ordinances
IX.Public Hearings
IXA.Ordinance #04, Series of 2025 - City of Aspen Clean Air Act
X.Action Items
XA.Resolution #086, Series of 2025 - Mobile Home Park Preservation Deed Restriction
Purchase
XI.Executive Session
XII.Adjournment
Memo_Ordinance__04__Series_of_2025_City_of_Aspen_Clean_Air_Act_Second_Reading.pdf
Ordinance__04__Series_of_2025_City_of_Aspen_Clean_Air_Act_Second_Reading.docx
Exhibit A_Colorado Clean Indoor Air Act (2019).pdf
Resolution_086_-_Mobile_Home_Park_Preservation.docx
City_Council_Memo_-
_Mobile_Home_Park_Preservation_Deed_Restriction_Purchase(2).docx
Thistle Letter.docx
Subsidy Impact Mapping from Thistle - June 2025.pdf
Pursuant to C.R.S. Section 24-6-402 (4)(e), Determining positions relative to matters
that may be subject to negotiations; developing strategy for negotiations, and
instructing negotiators, and (4)(f) Personnel matters
The specific items of discussion involve the following:
1. Instructions to negotiators regarding City Manager recruitment contract
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MEMORANDUM
TO: Mayor and City Council
FROM: Ryan Loebach, Deputy Director of Utilities
Andy Barber, Instrumentation and Control Technician
THROUGH: Erin Loughlin Molliconi, Director of Utilities
MEMO DATE: June 2nd, 2025
MEETING DATE: June 10th, 2025
RE: Resolution #078, Series of 2025 – As-Needed Radio Telemetry,
Software, and Electric Service Contract Approval
REQUEST OF COUNCIL: Staff requests Council approval of the contract with Timber
Line Electric and Control Corporation (TLECC) for as needed services to perform radio
telemetry, software, electric control, and data acquisition on -call services for the City of
Aspen Water Department.
PREVIOUS COUNCIL ACTION: Council previously approved this type of contract with
TLECC in 2017 and 2021. The limits of the contract expire d in 2025 and required the
scope to be bid again.
SUMMARY AND BACKGROUND: Aspen’s Water treatment plants, tanks, pumps, and
distribution system operate continuously to provide potable water to customers.
Automation and communication between these components play a critical role in the
continuous operation of this complex system. While minor repair, calibration, and
troubleshooting of this infrastructure is handled through in -house Water department
staffing, more complex issues such as new installation, updates, and programing require
specialized labor.
DISCUSSION: Periodically system issues, new installation, system upgrades or
operational changes require outside resources to build and manage both hardware and
software systems. Historically City staff have utilized TLECC on an individual project
basis and with this same style of contract for on-call since 2017. In addition, TLECC
stocks replacement controls components and manages software for control components.
As additional automation and system complexity increase staff feel it is necessary to
consistently continue this type of contract resource to the organization.
BASIS FOR VENDOR SELECTION: The City of Aspen advertised and solicited
proposals through a competitive bid process. Staff contacted multiple Colorado vendors
who provide this service, however, due to the sensitive and highly specialized nature of
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this type of work, only one bid was received and reviewed by staff. Staff believe TLECC’s
experience and performance both with Aspen’s system and in other Colorado
communities speaks to their capability to meet the full extent of the City’s proposal. The
proposed contract is valid for three years until June 10, 2028. City and TLECC have the
option to renew the contract for every year for two years after June 10, 2028. Staff request
sole-source approval from Council based on TLECC’s experience and reputation
performing similar services, commitment to City as an experienced as-needed service
provider, and their familiarity with the City’s facilities and staff.
FINANCIAL IMPACTS: Staff intends to use these contract services as needed. Based
on historical data staff anticipates between $70k - $120k of repairs, maintenance, and
new installations annually. Individual vendor response will be based on T LECC’s
contracted hourly rate and will vary depending on size and scope. Staff have budgeted
the following funding based on running average, annual operations, and contingency.
Funding: 2025 Operating Budget
Telemetry Programs 2025: Water Campus/Treatment/
Raw W ater/Storage tank & Pumps $ 126,000.00
Total Funding $ 126,000.00
ENVIRONMENTAL IMPACTS: An on-call/as-needed contract of this nature helps
ensure emergencies are taken care of in the fastest time possible therefore reducing
excess water waste and continuing water system reliability.
ALTERNATIVES: The City could elect to not award this contract and perform on-call
services on a case-by-case basis or add additional full-time skilled employees to perform
this work. This outcome would likely increase emergency response time and costs or
operating costs, respectively.
RECOMMENDATIONS: Staff requests Council approval of the contract with TLECC for
as needed services to perform radio telemetry, software, and electrical control on -call
services for City of Aspen Water Department.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Resolution #078 of 2025
B. Professional Services Agreement with TLECC.
C. Bid Proposal from TLECC.
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RESOLUTION # 078
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND TIMBER LINE ELECTRIC AND CONTROL CORPORATION AND
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 professional
services agreement for As-Needed Radio Telemetry, Software, and Electric
Services; between the City of Aspen and Timber Line Electric and Control
Corporation, 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 th e professional
services agreement for the As-Needed Radio Telemetry, Software, and Electric
Services; between the City of Aspen and Timber Line Electric and Control
Corporation, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 10th day of June 2025.
Rachael Richards, 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, June 10th, 2025.
Nicole Henning, City Clerk
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As-Needed Telemetry, Software, and Electric Services
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2025-174
AGREEMENT made as of June 16, 2025.
BETWEEN the City:
Contract Amount:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Timber Line Electric & Control Corporation
17591 Hwy. 8, Box 793
Morrison, CO 80465
US
303-697-0440
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
$100,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: shall not exceed
$150,000.00 per year
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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.
period of three ( 3) years, June 16, 2028, with two ( 2) one- year options to renew if both parties
are agreeable. 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
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
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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
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i)Worker's 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
Worker's 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 THREE
MILLION DOLLARS ($3,000,000.00) 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 include coverage
for explosion, collapse, and underground hazards. 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 TWO MILLION DOLLARS
($2,000,000.00) 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 TWO MILLION DOLLARS ($2,000,000)
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
certificate shall identify this contract and shall provide that the coverages afforded under the
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policies 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
Property/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.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a)Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
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color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b)Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c)Incorporate the foregoing provisions in all subcontracts hereunder.
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
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 City Manager of the City of Aspen (or a duly authorized official in the City
Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s
absence) to execute the same.
16. 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.
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(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.
17. 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.
18. General Terms.
(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.
19.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.
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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
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24.Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25.Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26.The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
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Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85-103(2.5).
27.Authorized Representative. The undersigned representative of Professional, as an inducement
to the City to execute this Agreement, represents that he/she is an authorized representative
of Professional for the purposes of executing this Agreement and that he/she has full and
complete authority to enter into this Agreement for the terms and conditions specified herein.
Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A and B below.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO:PROFESSIONAL:
____________________________________________________________
[Signature][Signature]
By: __________________________By: ____________________________
Title: _________________________Title: ___________________________
Date: _________________________Date: ___________________________
Approved as to form:
_______________________________
City Attorney’s Office
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Corporate Secretary
Kim Evezich
5/22/2025 | 10:54:49 AM PDT
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EXHIBIT A: SCOPE OF WORK
Shall be properly license in accordance with applicable local, state and federal
regulations and should demonstrate their ability to:
o Perform all tasks in accordance with generally accepted
professional standards.
o Provide to the City the best possible advice and consultation within
Consultant’s authority and capacity as a Colorado Licensed
Electrical Contractor, experienced SCADA, Electromechanical and
software integrator.
o Comply with the regulations, laws, ordinances and requirements of
all governmental agencies and authorities that have jurisdiction
over design criteria and environmental impact applicable to
individual projects.
o Keep all access credentials, licensing information, schematics, and
other systems data that is in Consultant’s possession, whether
digital or hard copy, properly secured per information security best
practices.
o Assign work to be performed to qualified personnel in sufficient
numbers to meet negotiated performance schedules.
All inspection, planning, and design services shall meet all City of Aspen
Information Technology (IT) requirements, applicable Cybersecurity
protections, Water Distribution Standards, AWWA Standards, FCC
Standards, and other applicable local, state, or federal regulations.
Must have or obtain a current City of Aspen business license.
Must have or obtain insurance at the specified levels in the Professional
Services Agreement
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EXHIBIT B: FEE SCHEDULE
The City does not guarantee a minimum dollar value per work, per year or throughout the
contract period. The maximum dollar value per year shall be $150,000. Contract rates will be
valid for all City departments.
Invoices must contain the following information in order to be processed in a timely manner.
No lump sum totals. Invoices include the number of hours and the hourly rates.
Invoices are paid NET 30.
Invoices must be sent to the person who ordered the service. It is the contractor’ s
responsibility to get the name of person ordering the service along with telephone number
and email address. Failure to send the invoice to the person ordering the service may
result in a significant delay in processing and paying the invoice.
Maximum reimbursable mark-up 10%
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__________________
Contractor’s Initials
BID PROPOSAL FORM
PROJECT NO.: 2025-174
BID DATE: due by 2:00PM, May 16th, 2025
PROJECT: As-Needed Radio Telemetry, Software, and Electric Services
PROPOSAL SUBMITTED BY: __Timber Line Electric and Control Corp_____
CONTRACTOR
CONTRACTOR’S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in
good faith, without collusion or connection with any other person or persons bidding for
the same work, and that it is made in pursuance of and subject to all the terms and
conditions of the advertisement for bid, the invitation to bid and request for bid, all the
requirements of the bid documents including the plans and specifications for this bid, all
of which have been read and examined prior to signature. The bidder agrees to keep this
bid open for Sixty (60) consecutive calendar days from the date of bid opening.
The City of Aspen reserves the right to make the award on the basis of the bid deemed
most favorable to the City, to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional
work required for successful completion of the project. Prices shall include all costs in
connection with furnishing the proper and success completion of the work, including
furnishing all materials, equipment and tools, and performing all labor and supervision to
fully complete the work to the City’s satisfaction.
Poor quality and workmanship shall not be paid for by the City. Such work product must
be removed immediately and replaced properly at no cost to the City.
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__________________
Contractor’s Initials
All quantities stipulated in the bid form at unit prices are approximate and are to be used
only as a basis for estimating the probable cost of work and for the purpose of comparing
the bids submitted to the City. The basis of payment shall be the actual amount of
materials furnished and work done. The Contractor agrees to make no claims for
damages, anticipated profit, or otherwise on account of any differences between the
amount of work actually performed and materials actually furnished and the estimated
amount of work.
I hereby acknowledge receipt of EXHIBITS(s) lettered A through C.
_____K E _____
Contractors Initials
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__________________
Contractor’s Initials
BID EVALUATION CRITERIA
You may attach additional pages to this section as necessary.
1. Please list your firm’s Qualifications and experience 20%:
• Experience with projects outside of City of Aspen
• Experience on other City of Aspen projects
2. Public Awareness 15%:
• Sensitivity to Community
• Public Involvement
• Sensitivity to environment
3. Team Experience 20%:
• Team organization
• Team experience
4. Project understanding 25%:
• Understanding of Project Scope
• Perception of site opportunities
• Schedule/Approach of project
5. Costs 20%:
• Hourly rates per type
• Weekend and holiday rates
• Milage rates
• Site rates vs remote/office rates
Service Type examples:
Field SCADA Technician
Field Service Technician
Field Electrician
SCADA Technician Remote/offsite per hour
Service Technician Remote/offsite per hour
Electrician Remote/offsite per hour
Drafting Services (AutoCAD) Remote/offsite per hour
Consulting Engineering & Design Services Remote/offsite per hour
Cyber Security Specialist Remote/offsite per hour
23
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__________________
Contractor’s Initials
I acknowledge that in submitting this bid it is understood that the right to reject any and
all bids has been reserved by the owner.
Authorized Officer: Kim Evezich
Title: Corporate Secretary
Full name signature:
Company address:
Telephone number:
Email: ________Kim @tlecc.net_________________________
24
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Making the complex simple!
RFP
City of Aspen
As-Needed Radio Telemetry, Software, and
Electric Services
2025-174
May 2025
25
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Dear Aspen RFP Review Team:
We are looking forward to supporting, designing and helping to maintain the
SCADA/telemetry system for Aspen that will meet the immediate needs as
well as the future needs of the Town. Timber Line specializes in data-
communications of pressure, level, flow, analytical and security information
for water and wastewater utilities. We employ a variety of modern tools to
design robust SCADA, telemetry, and communication platforms.
Our services include:
1. Computerized radio path surveys
2. On-site testing of radio paths
3. Use of radio frequency analyzer when needed
4. Matching SCADA computer hardware to customers’ needs and budgets
5. Specifying control software that will grow with industry standards
6. Specifying reporting, alarming, and web access software
7. Big picture master planning weighing proven and new technologies to meet
the customer’s needs for 5 years and well into the future
Please accept our proposal for As-Needed Radio Telemetry, software, and
Electric Services .
Sincerely,
Kim Evezich
Founding Owner/Estimator
Kim@tlecc.net
Main Number: 303-697-0440
Cell: 303-588-0338
26
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
1. Company Credentials & Qualifications
a. Official Registered Name: Timber Line Electric & Control Corporation
Physical Address: 17591 Highway 8, Morrison CO 80465
b. Mailing Address: PO Box 793, Morrison CO 80465-0793
c. Phone: (303) 697-0440, Facsimile: (303) 697-0450
d. CEO: Dan Schuelke
e. Corp Sec: Kim Evezich
2. Timber Line Electric & Control Corporation (TLECC) was established in 1987 by
Kurt Evezich. TLECC was incorporated in April 1988. TLECC’s original mission was
to provide rural water and sanitation districts with instrumentation and control field
service. Currently, TLECC has 32 employees.
3. Timber Line subscribes to Triple Bottom Line philosophies including:
a. Environmental awareness surrounding our activities and products
b. Salvage and recycling of obsolete equipment
c. Promoting the use of our help-desk services, when feasible, to reduce travel
time and tail-pipe emissions (and reduce invoice cost).
d. Excellent benefits for our employees, flexible working hours, and
commitment to equal employment opportunities.
4. Timber Line is a recipient of the Patriotic Employer Award from the Secretary
of Defense for our commitment to hiring Veterans.
5. Timber Line has a fully implemented Safety Program in place, with strict adherence
to all OSHA regulations. The program mandates training and hands on
demonstration to prove working knowledge in confined space, climbing, lock
out/tag out and many other areas of safety.
6. Timber Line currently accrues about $8 million in sales per year. We have sound
financial footings and have always completed our contractual obligations.
7. Timber Line carries industry-standard insurance coverage and Professional Liability
insurance.
8. Bonding is provided through Mile High Insurance, Mike Kalen, (303) 237-5445 x
109. Underwriter is Old Republic Surety.
27
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Basic Tenants of Timber Line’s proposal to Aspen:
Timber Line brings 38 years of instrumentation and control experience to Aspen’s
project. We have an excellent technical grasp of the current technologies that are
proven successful, and we are researching and integrating new technologies into
our SCADA system planning.
Timber Line has long-term relationships with Aspen, and have helped with the
initial installation of the telemetry system in the 1990’s and with the migration to
current technologies over the last 20 years. This system knowledge will help to
facilitate planning for SCADA related projects.
28
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Staff
Resumes:
29
Dan Schuelke
Chief Executive
Officer
Expertise
Exceptional Interpersonal
Communication
Effective Leader
Staff Training/Development
Market Analysis
Budgeting
Customer Service Oriented
PLC & HMI Programming
SCADA Programming
Instrumentation & Control
Electrical & Mechanical
Maintenance/Troubleshooting
Instrument Calibration
Network/Traffic Troubleshooting
Radio & Antenna Maintenance
Years of Relevant
Experience
TLECC since Oct 2014
USAF 6 years
Gerdau Steel 2 years
Education
B.S. Electrical Engineering
S. Dakota School of Mines A.S.
Electronic Systems Technology
USAF
Overview
Dan is part owner of Timber Line. He came to Timber Line with
experience in control equipment, start up, troubleshooting and testing.
His strengths are in maintenance and troubleshooting electronic
equipment including voice switches, copper and fiber networks, digital
and analog radio and antenna systems. Dan has supervised maintenance
of 50+ Allen Bradley PLCs, 50+ HMI/SCADA systems and the Automation
Network. His experience ranges from 24 VDC to 125,000 VAC systems,
various Allen Bradley VFDs and PLCs. Dan has experience
troubleshooting large instrumentation varying from hydraulic,
pneumatics, water control valves, flow meters, pressure transducers and
thermo couples in numerous manufacturing and multi-system
applications. Dan prides himself on being able to see the entire process
through his big picture thinking.
Dan was promoted to CEO in 2018. In his first year he led Timber Line to
a record year of sales and 18% growth! With growth like that, Dan saw a
need for a bigger panel shop and more offices to accommodate our
growing team! He headed up Timber Lines expansion into our new,
larger, panel shop and a new and improved office space for our growing
staff, all in a year. Dan’s priorities are continuing to move Timber Line
forward with the latest and greatest technology. He is leading the charge
into new-technology radio networks and making a priority to meet with
our customers to discuss their long-term planning goals. Dan is an
integral part of every division of Timber Line and continues to work in
the field several times a month. It is important to him that he is on the
front line as well as the internal operations to ensure Timber Line is
offering the highest customer service and quality products.
Field Technician Project Specific Experience
Bayfield/La Plata
Front end programming on new plant start up. Coordinated the
communication between 6 PLC systems for total plant automation.
Programmed Eaton MCC with drives, Compact Logix, micro Logix, SLC,
Panel view. Started up and calibrated all instrumentation including
flowmeters, ultrasonic level transducer, and pressures gauges.
Automated CL2 pacing and CL02 pacing. Programmed new plant
automation for seamless operation between existing plant of new
addition.
Wellington Water & Wastewater
Spearheaded entire SCADA system renovations at both facility’s. Trouble
shoot and diagnose Ethernet radio communications. additions to Control
Net, Device Net and Ethernet PLC communications between new and
existing PLCs to allow front end coordination. Soul programmer in
increasing the plant size by 50%. Retrofitted new PLCs, replacing
outdated equipment.
30
Kim Evezich
Owner/Manager/
Estimator
Expertise
Big picture project design
Project estimates
Design/Build estimates
Corporate management
Years of Relevant
Experience
TLECC 30 years
6 years other firms
Education
B.S. Business Administration
With certificate in Marketing
University of Phoenix
Denver CO
Skills
Asking “what if” questions
Researching solutions
Thinking out of the box
Teaching at Water Operator
conferences including AWWA
CRWA, WARWS, and DEQ
Overview
Kim started with Timber Line as a part-time business
consultant in 1987, and joined the staff full time in 1991.
She was the principal owner and manager of Timber Line
and has been instrumental in Timber Line becoming an
employee owned company.
Kim’s primary responsibility is estimating. She delves into
design/build projects and asks “what if” questions to help
think through customer requests. She has established
long-term relationships with Timber Line customers, many
of which stretch back 28 years.
Project Specific Experience
Cherokee Metro, Sundance project
Scope of work: Worked with engineering team to establish
I/O list for large Well/Pump station/tank project including
suggestions for security monitoring, operator emergency
button, local OIT display, and cellular communications.
Brush WWTP
Scope of work: Worked with engineering team to determine
best computer network and software configurations. This
included a stand-alone historian server, remote access and
two operator stations. Created engineer’s estimates prior
to bid, and provided various estimates for options to allow
the owners to decide on the best-value projects.
Pavilion WY:
Scope of work: Provided design research for civil engineer
for radio telemetry system. The Town had a grant to
install a new control system, but very little maintenance
budget for the future. Kim recommended a more
expensive/more robust system to provide a 20+ year
product life with minimum maintenance.
31
Matthew Dominguez
SCADA Engineer/
Programmer
Expertise
Customer Service Oriented
PLC & HMI Programming
SCADA Programming
Instrumentation & Control
Electrical & Mechanical
Maintenance/Troubleshooting
Instrument Calibration
Network/Traffic Troubleshooting
Radio & Antenna Maintenance
Telemetry Planning and Integration
Years of Relevant
Experience
TLECC since March 2020
UECompression 2018 -2020
Kinder Morgan 2005 - 2018
Education
Associates Degree in
Instrumentation and
Control Technology
from
Amarillo College
Overview
Matthew has been honing his skill in PLC programming since joining
Timber Line and has become proficient in both Allen Bradley and
Motorola products. His HMI SCADA proficiencies include GE’s iFix,
Rockwell’s FactoryTalk, and RedLion’s Crimson platform. Drawing from
his background in industry, knowledge of telemetry and signals, make
Matthew a well-rounded Field Technician capable of doing many facets
of a project single-handedly.
Field Technician Project Specific Experience
Donala
Retrofit of entire plant’s PLC’s and SCADA. Quick and efficient teardown
and reinstall of over 1000 I/O points between 4 control panels. Led
testing and tuning of plant processes and PID’s. Update of SCADA
system. Implementation of over 500 rungs of code, with 100%
functionality.
Town of Eaton
Sole programmer responsible for implementing the upgrade and install of
8 remote sites which included removing old equipment, preparing sites for
new equipment and installation. Performed communication and I/O
testing, PLC Programming, Telemetry troubleshooting and testing.
Upgraded the SCADA pc to a SCADA server with state-of-the-art cyber
security protocols implemented.
Greeley
Retrofit of entire plants PLC’s and SCADA system. Consisted of 6 PLC
replacements, 5 PLCs that remained but a new communication scheme to
provide fail over and robust communication paths were implemented to
the entire control network as well as upgraded pump VFDs. Involved
extensive IO testing and plc programming. Upgraded the SCADA system
and added state-of-the-art cyber security protocols to their system.
32
Rich Douglas
Field Service
Service Department Manager
Expertise
Allen Bradley PLC & HMI
Products
GE HMI Products
Motorola Programming &
Installation
Red Lion OIT
Campbell Scientific Data
Loggers
Instrumentation installation,
commissioning, calibration and
troubleshooting
Electrical systems installation,
maintenance and
troubleshooting
Certified Eaton Drive Technician
Years of Relevant Experience
Start Date with TLECC: 2011
Other Firms: 25 Years
OVERVIEW
Rich joined TLECC in 2011.
Rich’s early career began as a panel fabrication wireman and
panel installation technician. He progressed into
instrumentation and controls and especially enjoys working with
SCADA controls. He has progressed his career into a our Service
Department Manager. He provides Timber Line customers with
expert calibrations, is adept in electrical control troubleshooting
and process control troubleshooting.
Rich has honed his skill in PLC/RTU and HMI programming and
troubleshooting. He’s competent in Allen Bradley PLCs and iFix
Control Software.
Rich works extensively in the water and wastewater industry
and has worked on several new startups, and system SCADA
upgrades.
Relevant Project Specific Experience
Arkansas-Penrose Raw Water Pipeline, Penrose Water
District
This project consisted of six shallow wells on the Arkansas River
and pumping the water to either the Brush Hollow Reservoir or
to the district’s water treatment plant. The six wells will pump
into an above ground storage tank located next to the new
booster pump station. The wells are powered by Variable
Frequency Drives (VFD’s). The level in the storage tank is
maintained by balancing the incoming flow from the wells and
the outgoing flow by the four booster pumps. The entire
process is automated by the local Radio Telemetry Unit (RTU).
All data including well flow rates and totals are forwarded by
telemetry to the Water Treatment Plant’s SCADA control
computer. Startup of RTU’s, VFD’s and Calibrations of all
Instruments. In addition to programming of HMI, RTU’s and
VFD’s.
Limon SCADA Upgrades
Scope included upgrading and converting PLCs to new
processors and installation of new HMI SCADA software.
Installation of new SCADA control computer. Rich performed all
loop and instrument checkouts, telemetry and PLC
programming, functionality testing and start up.
Berthoud (Colorado) Water Treatment Plant
Scope included integration of upgrades with existing system
which had been off line for 3 years. Rich’s duties included
complete checkout of entire plant and startup of existing filters
and new equipment including high service pumps, CL2 system,
new Clarifloculator and new HMI programming.
33
Drew Johnson
Technical Resource Manager
Morrison, CO
P: 586-817-2551
E: Drew@tlecc.net
Expertise
Project Management
Water and Waste Water Automation
System Troubleshooting
AutoCAD Electrical Design
Instrumentation and Controls Design
PLC Programming
OIT/HMI Programming
Years of Experience
With TLECC since February 2021
Previous I&C: 5 Years
Education
B.S.E in Product Design & Manufacturing Engineering
Grand Valley State University
OSHA 30 Certification
Certified in GE iFIX HMI/SCADA Fundamentals
Overview
Drew Johnson has been with TLECC since February 2021
when he started out as a Project Manager. He then moved
on to being the focal point for managing and training the
Project Managers and now is the head of the Technical
Department as the Technical Resource Manager. He now
wears many hats as he is still managing projects,
supervising the technical staff, and a resource for quoting
and solving issues with customers on our internal Help
Desk.
Relevant Project Specific Experience
Arvada
Project Total: $632,486.00
TLECC provided two brand new Eaton DG1 VFD’s with
custom controls wired in our UL 508 panel show for their
filter backwash pumps. Other procured material included
flow and level sensors, turbidity analyzers and flow meters
for each of their 12 filters. Job included seven separate
startups in order to bring each train of filters, solids
handling, and backwash pumps on at different times. PLC
programming and was done with Schneider Eco Structure
and TLECC reprogrammed the filters to act more efficiently
and display more readable data for the customer and MOR
reporting.
Lafayette WRF
Project Total: $507,602.02
TLECC procured and supplied instrumentation for multiple
sites including an expansion to Lafayette’s existing Aeration
Basin, and newly added pump station, filter building,
chemical feed building. Completely new control panels for
each of these sites along with a fiber ring network and
communications all done by TLECC. Custom Motor Control
Panels for the clariflocculators were also designed and
procured by Timber Line. A complete plant redesign of
their SCADA screens to modernize their graphics to how
they wanted them was also accomplished.
Argo WTP PLC Upgrades
Project Total: $167,337.00
A complete PLC Retrofit of the Argo WTP to the new Allen
Bradley CompactLogix and ControlLogix Systems. Additions
of newly managed ethernet switches along with the
installation labor and startup of each induvial control panel
within the plant. The scope of work consisted of upgrading
5 different PLC cabinets, along with upgrading their SCADA
system to incorporate the new points.
34
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Project Approach:
The following table briefly outlines projects for which we are prepared to help Aspen:
# Task Description Timber Line
Lead Employee
1 Work with COA and your cyber-security team members to create
open lines of communication and support regarding the current
Stratus server and any future server project.
Dan Schuelke
Drew Johnson
Kim Evezich
2 Upgrading any remaining Moscad hardware to more current
technology.
Kim Evezich
Matthew
Dominguez
3 Continue to work on a radio telemetry master plan and include best-
practice new technologies as well as supporting and including the
existing, robust communication network
Kim Evezich
Dan Schuelke
4 Determining what tasks need to be accomplished during pre-
scheduled service calls, and which tasks might be done efficiently
via our help desk.
Kim Evezich
Drew Johnson
Rich Douglas
5 Support COA with all documentation data gathering for AutoCAD
prints, red-line updates, and copies of STS and radios configurations
Kim Evezich
Matthew
Dominguez
6 Discuss AWWA Risk and Resiliency suggestions for beta-testing any
major system changes. Weigh the cost and expediency of this idea.
Kim Evezich
Drew Johnson
7 Provide training to COA staff, and/or provide other documentation
for troubleshooting technical or instrumentation problems
The whole team!
8 Respond to service requests The whole team
9 Respond to emergency service requests The whole team
10 Provide support for the COA WTP E xpansion as it relates to any
temporary measures during construction for the telemetry network,
software, database, server location, additional backup UPS power
for planned (or unplanned) outages, etc.
Matthew
Dominguez
11 Implement as-requested or as-suggested updates to ifix software,
and possibly offer some predictive analytics based on historical
trends.
Dan Schuelke
Matthew
Dominguez
12 Calibration, instrument troubleshooting, electrical troubleshooting,
research, repairs, part replacement and pre-scheduled service trips
Rich Douglas
(service manager)
35
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Reference
Projects:
36
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Project Information
Project Name Windsor Biosolids
Project Location/Owner Windsor, CO
Owner’s Project Manager and Current
Telephone Number
Dennis Markham (970) 686-2144
Contractors
Engineering Team Project Manager Hensel Phelps
Construction Team Project Manager Interstates – Cameron Louie
Superintendent N/A
Foreman N/A
Details
Description of project, scope of work performed, equipment requirements, number of change
orders and amounts, and contract duration:
This was a newly constructed Biosolids plant, Timber Line provided MCC/Switchboard
electrical gear, PLC Panel, controls/monitoring components, controls integration, &
startup.
There were 5 customer-requested change orders on this project:
• CO#1 – Remove Blower VFD’s (-$76,932)
• CO#3 – WAS Flow Meter ($12,985)
• CO#4 – Flow Switches ($11,280)
• CO#5 – Final Deducts/Adders (-$31,650)
• CO#6 – Decant Level Sensors ($9,305)
Total value of project: $716,624
Original scheduled completion date: Q1 2023
Time extensions granted (number of days): None
Actual date of substantial completion: June 2023
37
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Project Information
Project Name Moscad to ACE RTUs Y2023
Project Location/Owner Montezuma Water Company
Owner’s Project Manager and Current
Telephone Number
Ron Roggenback
970-799-4664
Contractors
Engineering Team Project Manager N/A
Construction Team Project Manager N/A
Superintendent N/A
Foreman N/A
Details
Description of project, scope of work performed, equipment requirements, number of change
orders and amounts, and contract duration:
1. Three sites: Summit PS, Egnar PS and Cedar Mesa PS: Each received a new Motorola
ACE unit installed in the existing enclosure. TLECC included new power supply, battery
and mixed I/O module. Each site received updated AutoCAD drawings, new
programming and new radio frequency bench test.
2. Egnar Tank aka Tank 9: The site is similar to the sites above, with the addition of an
upgraded solar system.
Total value of project: $58,541
Original scheduled completion date: Spring 2024
Time extensions granted (number of days): None
Actual date of completion: 4/26/24
38
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Project Information
Project Name Pueblo Chemical Depot GETI
Project Location/Owner Pueblo, CO
Owner’s Project Manager and Current
Telephone Number
Tony Allen (719-499-0634)
Contractors
Construction Team Project Manager Jaimie Reis (703-399-6136)
Details
Description of project, scope of work performed, equipment requirements, number of change
orders and amounts, and contract duration:
A TLECC estimator, project manager, and electrician travelled to the site to recon the job
before and during the project. The project timeline was originally anticipated to be 3
months on-site, but was extended due to pandemic-related supply chain issues.
TLECC provided 21 Allen-Bradley control panels with Xetawave radios, intrusion switches,
water on floor switches and ambient temperature transmitters; one at each site processing
groundwater. TLECC provided 1 repeater site with a Zetawave radio and 1 FIU with a
Xetawave radio. A new computer was programmed and installed in the main building with
an autodialer. Due to the sandy conditions, a Rohn tower was installed at the repeater; a
dig permit was required with a 411 check in the area to dig a 4x4 hole to stabilize the
tower. All 21 sites communicate through the repeater to the FIU.
TLECC panel shop manufactured these panels at record speed and conducted a point-to-
point test on all panels. The field team installed the panels and antennas. The 5-foot-tall
panels required a skid steer to lift to height. Safety meetings were held daily and sent to
the customer weekly. Programming the Xetawaves and PLCs was commissioned efficiently,
and the customer is happy with the end result.
1 Change Order:
1. Adding a solar repeater site with a Rohn tower, boom rental, generator signals to
shed nearest generator (trenching, terminating, programming/commissioning,
start-up) [$57,975.00]
Total value of project: $957,44.00
Original scheduled completion date: Q3 2023
Time extensions granted (number of days): 90
Actual date of completion: 1/5/24.
39
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Timber Line suggests the following criteria for determining urgency and charges for
COA service work:
1. Level 1 tasks are “when Timber Line is in the area” tasks. i.e., no specific deadline
for these tasks, and no emergency charges, and less travel charges.
2. Level 2 tasks are pre-scheduled service items, scheduled at least three weeks in
advance. These tasks may accrue round-trip travel if Timber Line does not have
other work in the area.
3. Level 3 tasks are pre-scheduled somewhat-urgent tasks that will probably accrue
full round trip travel costs. The trip will usually be scheduled within 5 days from
urgent request.
4. Level 4 tasks are emergency tasks that will accrue emergency response rates
whether the support is provided via remote login or by travel to Aspen. If travel
to Aspen is required on very short notice (less than 72 hours of notice), travel time
will include some emergency rates.
a. Timber Line will try to respond via phone or login to declared emergencies
within 2 hours.
b. Timber Line will make every effort to respond in-person to any declared
emergencies (level 4) within 24 hours, assuming any needed parts can be
procured.
c. Emergency response rates may include Holiday pay rates.
5. Due to TLECC’s extensive customer base in Colorado, we are unable to guarantee
specific response times for help-desk or on-site response. Both types of responses
might be delayed in the event of a natural disaster, severe weather event, road
closures or Internet outages.
Please note that mileage rates change yearly on January 1, the IRS issues new mileage
rates on a yearly basis.
Timber Line acknowledges the COA offered price increase escalation to be based on CPI
for years 2,3, and renewals.
40
Timber Line Electric and Control Corp, 17591 Hwy 8, Morrison, CO 80465, 303-697-0440
Aspen Service and
Design Rates
Effective: Jan 1, 2025
Service Rates
Remote or Field
Rate
Per Hour
Emergency Rates
Weekdays
4:30 pm to 7 am, and
Saturday,
or less than 24-hour
notice
on weekdays
Emergency
Rates
Sunday and
Holidays
Mileage
Portal to
Portal
SCADA Technician
Field Service Technician
Electrician
$ 225 / Hr. $337 / Hr. $450 / Hr. .80/ Mile
Remote Dial In /
Encryption Fee
$45 Per
Incident
Travel Time $170 / Hr. *See Notes Below .80 / Mile
Per diem
Variable by
season
Design Service Rates
Consulting Engineering
& Design Services
$ 250 / Hour .80 / Mile
Drafting Services
(AutoCAD)
$ 150 / Hour .80/ Mile
Clerical Services $80 / Hour .80 / Mile
Equipment Charges
Spectrum analyzer used
for radio repairs & testing
$ 75.00
TAP profile software used
for radio path surveys
$ 75.00
Confined Space and Fall
Prevention equipment
$125 / Daily
Dynasonics Flow Meter $100/Daily
$200/Weekly
Onsite
• Emergency travel is billed at hourly Emergency labor rate with mileage portal to portal.
• Overtime service rates apply to any hours over 8 per day.
• Minimum charges may apply. One hour minimum labor rate charged after first 15 minutes.
• Mobilization within two weeks of Notice to Proceed.
• Emergency on-call service technicians are available 24/7/365.
• All service and equipment are provided with a standard 1-year warranty. Warranty
extensions may be available upon request, depending on the service or equipment
provided.
41
MEMORANDUM
TO: Mayor and City Council
FROM: Mike Tunte, Landscape Architect and Construction Manager
THROUGH: Matt Kuhn, Parks and Open Space Director
MEETING DATE: June 10, 2025
RE: Resolution #079 of 2025: Design Workshop Change Order for Conner Park
REQUEST OF COUNCIL:
The Parks and Open Space Department respectfully requests Council approval of a change order with
Design Workshop Inc. for design development and construction documentation services related to
improvements at Conner Park. This agreement includes a supplemental budget appropriation of
$170,050 from the Parks (100) fund, which will be incorporated into the supplemental budget.
BACKGROUND:
The Parks and Open Space Department has been working collaboratively with other City departments to
support the Armory redevelopment project through a thoughtful reimagining of Conner Park. The park is
currently underutilized and faces ongoing maintenance challenges. Redevelopment of the Armory
presents a timely chance to address those issues while enhancing the park’s role in the community. By
investing in its redevelopment, we aim to transform Conner Park into a vibrant urban space that better
serves the evolving needs of the Aspen community and the adjacent Armory building.
City Council approved Parks Fund (100) funding for the redevelopment of the Armory building as part of
the 2025 Capital Budget. This funding reflects a commitment to transforming the Armory into a vibrant
civic space that supports community needs and long-term planning goals. The proposed redevelopment
of Conner Park is a natural extension of this effort.
42
Conner Park Redesign Concept
Conner Park Redesign Concept
43
DISCUSSION:
The Parks and Open Space Department originally allocated $100,000 in the 2025 budget for the Conner
Park project. At the time, the project was envisioned as a modest, in-house effort that would proceed in
support of, but independent from the Armory redevelopment project.
However, during early planning, the project planner identified that Conner Park and the Armory building
are located on the same parcel. This discovery triggered a requirement under the land use code that all
proposed improvements must be submitted as a single, unified application. Concurrently, City Council
approved an expedited schedule for the Armory project, emphasizing the importance of timely delivery
and alignment with community expectations. The process was designed to reflect broad public input,
refine programming proposals, and move swiftly into design and entitlement phases.
To support this direction, the land use application for Conner Park was incorporated into the Armory
submission, which necessitated additional design and coordination work by the project planner and
landscape architect. That work was contracted directly with Design Workshop and remained under the
$100,000 threshold requiring Council approval.
The consultant team has since advanced the project to the design development and construction
documentation phase. To complete this next stage of work, including detailed design, engineering, and
permitting, an additional $170,050 is required.
BASIS FOR VENDOR SELECTION:
The Parks and Open Space Department is requesting Council approval of a change order with Design
Workshop, the current land use planner and landscape architect for the project. Design Workshop was
selected for the first phase of this project because they were already working on the adjacent Armory
project, providing cohesion and savings for the city by combining efforts. This change order builds upon
the consultant team’s prior work on the Armory redevelopment and allows for continued and
streamlined coordination for the City.
FINANCIAL/BUDGET IMPACTS:
By approving this Resolution, Council will authorize a change order with Design Workshop for design
development and construction documentation services related to improvements at Conner Park, in
conjunction with the Armory redevelopment project.
The additional funds required for this phase total $170,050, bringing the total contracted amount
to $266,050. These funds will be drawn from the Parks 100 Fund, which has sufficient capacity to
support the additional cost without impacting other planned projects.
ENVIRONMENTAL IMPACTS:
The proposed improvements to Conner Park are designed not only to enhance its function as a vibrant
urban space but also to address long-standing maintenance challenges that have impacted the park’s
usability and appearance. By integrating thoughtful design with sustainable practices, the project aims
to create a park that better serves the Aspen community while reducing the operational burden on
Parks and Open Space staff.
A key element of the plan is the preservation of the large, healthy evergreen tree that anchors the site
and provides year-round character. At the same time, vegetation that is in visible decline, such as fruit
bearing trees, will be removed and replaced with more resilient and appropriate plantings. These
44
updates will improve ecological health, reduce irrigation demands, and support long-term maintenance
efficiency.
Together, these improvements reflect the City’s commitment to environmental stewardship while
delivering a more welcoming and functional public space.
ALTERNATIVES:
Given that Conner Park and the Armory building occupy the same parcel, any significant changes to the
approach for the park’s redevelopment will directly impact the overall project timeline and the
expedited schedule previously endorsed by Council.
One alternative would be to instruct staff to complete the Conner Park design and construction
documentation in-house. This approach would require staff to independently manage and execute
several contracts with supporting subconsultants. This would introduce considerable complexity and
administrative burden, likely resulting in significant delays to the Armory redevelopment timelines.
Maintaining the current integrated approach ensures alignment between the two projects and supports
timely delivery of a cohesive civic space.
STAFF RECOMMENDATIONS:
Staff recommend approval of the change order with Design Workshop Inc. for Design Development and
Construction Documentation for Improvements to Conner Park. This agreement includes a supplemental
budget appropriation of $170,050 from the Parks (100) fund, which will be incorporated into the
supplemental budget.
This approach ensures continuity, supports the expedited schedule, and delivers a cohesive design
outcome aligned with the broader Armory redevelopment.
CITY MANAGER COMMENTS:
45
RESOLUTION #079
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND DESIGN WORKSHOP INC., AND 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 contract for
Design Development and Construction Documentation Services for Conner Park ,
between the City of Aspen and Design Workshop Inc., 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 that Contract for
Design Development and Construction Documentation Services for Conner Park,
between the City of Aspen and Design Workshop Inc., a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager to
execute said agreement on behalf of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 10th day of June 2025.
Rachael Richards, 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, February 25, 2025.
Nicole Henning, City Clerk
46
Design Workshop, Inc.
Landscape Architecture
Planning
Urban Design
Strategic Services
Environmental Graphic Design
1390 Lawrence Street
Suite 100
Denver, Colorado 80204
303.623.5186
designworkshop.com
May 30 , 2025
Mr. Michael Tunte
Ms. Mary Oliver
18 Truscott Place
Aspen, CO 81611
RE: Conner Park Incorporation into Armory Land Use Application
Dear Mike and Mary,
Thank you again for the opportunity to work with the City of Aspen on
collaboration of the Armory Hall project and Conner Park. Please find our
updated proposal (the “Proposal”, attached) for the second part of the
phased approach for Design Workshop to lead the design effort for
Conner Park from 100% Design Documentation through Construction
Documentation. The scope lists the items included in the first phase of the
work and existing contract for your reference. Please note that the
proposal does not include construction observation at this time and is
anticipated to be bid and contracted as a subsequent step consistent with
the Armory Hall contract.
Please don’t hesitate to reach out to me with any comments or questions
about this approach. Our team thanks you for the opportunity to submit
our proposal for consideration.
Respectfully,
Jessica Garrow, FAICP
Principal, Design Workshop
Email: jgarrow@designworkshop.com
Exhibit A
47
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
2
PROJECT OBJECTIVES
As we understand, the following are the objectives of this scope:
1. To simplify and expedite the design and approvals process for Conner Park
improvements intended to support the Armory Hall remodel.
PROJECT DESCRIPTION
Incorporation of Conner Park improvements into the Land Use Application for the
Armory Hall Remodel and Reuse Project, 130 S. Galena Street, Aspen, CO.
SCOPE OF SERVICES
The following narrative describes a comprehensive list of services required to
incorporate the conceptual design into the Schematic Design package for the Armory
building, prepare Design Documentation and Construction Documents for the property.
Efficiently organizing the work will be essential to completing the project in a timely
fashion. While the following narrative is organized in a linear manner, many of the sub -
tasks may proceed in a parallel or concurrent fashion.
The scope of work to be performed by Design Workshop (DESIGN WORKSHOP) in
connection with this agreement is as follows:
PHASE I
TASK ONE – CONNER PARK LAND-USE APPLICATION UPDATE
(COMPLETE, in Existing Contract)
Using the Schematic Design developed by the Aspen Parks and Recreation Department
for Conner Park, Design Workshop will incorporate the improvements to Conner Park
into the Land-use Application for the Armory Remodel.
Deliverables:
• Incorporation of the Conner Park into all relevant review chapters for the Aspen
Armory land-use application.
TASK TWO: CONNER PARK SD INCORPORATION
(COMPLETE, in Existing Contract)
Design Workshop will work with Aspen’s Parks and Recreation Department to
incorporate their conceptual design for Conner Park into the final Schematic Design
Package for the Armory Building.
As the Aspen City Parks Department works through the Schematic Design of Conner
Park, Design Workshop will coordinate and collaborate with design and client teams as
well as the Parks Department to provide design support as it relates to the Right-of-way
and exterior spaces adjacent to Armory Hall. Design Workshop will coordinate on
materials, planting and design to ensure there is cohesion between Conner Park and the
designs proposed by our team.
48
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
3
Deliverables:
• Up to six (6) (60) minute work sessions with Aspens Parks and Recreation
Department to develop a framework plan for Conner Park.
• Incorporation of the Conner Park schematic design into the Final Site Illustrative
Plan.
TASK THREE: DESIGN DEVELOPMENT
(50% DD COMPLETE, in Existing Contract; remaining is new work)
The general objective for this phase of the work is to develop the character and detail of
the proposed landscape plan. Based on the Schematic Design Plan provided by the City
of Aspen, Design Workshop will prepare a Design Development Plan.
The specific tasks to be completed are as follows:
1. Develop tree protection plans illustrating existing trees and other plant materials
to be protected during the construction. Coordinate with Civil Engineer on site
demolition plans illustrating existing hardscape and landscape areas that will be
demolished or preserved.
2. Prepare plans, cross sections and elevations for pedestrian and special
vehicular pavements, entries, site furnishings and other site elements that are a
part of the proposed landscape development and not a part of building
structures.
3. Coordinate with Civil Engineer on site grading and drainage for all areas outside
the building footprints including contouring, retaining structures, swales, flow
lines and drainage devices. Indicate alignments, elevations, dimensions,
materials and details for retaining or freestanding walls, steps, ramps, etc.
Ensure that grade transition between architectural floor elevations and exterior
elevations is compatible. Coordinate with Civil on-site erosion control plans
illustrating areas to receive erosion protection.
4. Prepare planting plans for all landscape areas to illustrate planting composition,
plant species, locations and sizes of major planting features. Special attention
will be given to ensure that views, solar orientation, erosion control, and snow
storage are accommodated in the solution.
5. Review schematic design provided by City and coordinate with Arborist on best
practices for preservation and protection of existing Spruce tree to prepare
design details and documentation. Please note: The City’s current design intent
for a seating element around the existing spruce tree may impact the health and
vitality of this tree. The DW team will work the City to study this element during
the design and documentation phases to promote its preservation however as it
is a living organism there may be factors outside the control of the DW and City
teams that may cause it to decline or die and want to clarify the risk associated
with constructing in close proximity of this tree.
6. Coordinate with Irrigation Designer on preliminary Irrigation Plan illustrating
overall irrigation intent.
49
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
4
7. Coordinate with Lighting Designer on a preliminary landscape lighting scheme
for all major landscape areas on the property.
8. Investigate plant availability.
9. Review materials and technical systems with potential fabricators and
contractors.
10. Select site development materials and prepare design development details and
enlargements.
11. Review Design Development plans with municipal staff.
12. Conduct internal Design Reviews.
13. Conduct internal Design Development Quality Control Reviews for aesthetic and
technical content.
14. Based on the Design Development plan, prepare an opinion of the range of
probable costs. This range is an opinion only and will need to be verified by a
retained cost estimation specialist or by a contractor in the bidding and
negotiation process obtained by the client.
15. Coordinate Design Workshop’s work with subconsultants.
16. Prepare outline technical specifications for the above-described landscape
elements of the project.
17. Attend up to (8) meetings with the City of Aspen and/or other consultants.
Deliverables
o 50% Design Development Documents and Outline Technical Specifications
(Phase I)
o 100% Design Development Documents and Outline Technical Specifications
(Phase II)
The following products, drawn at appropriate scales, will be provided at each submittal,
unless otherwise noted:
• Cover Sheet
• L0 Series - General Information and Notes
o Key Plan
o Hardscape and Softscape Site Reference Plans
o General Notes Series
• L1 Series - Vegetation Protection/Removal Plan
• L3 Series – Site Materials Plan(s)
• L7 Series – Site Details and reference sections, drawn at appropriate scales, to
show the landscape intent.
50
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
5
• L8 - Planting Plan
• L10 – Planting Details
• Draft outline technical specifications. NOTE: Design Workshop services do not
include preparing Division 01 Specifications as part of its services. Client shall
include Division 01 Specifications adequate for the Project as part of its
agreement with its contractor and shall provide Design Workshop with a copy of
the Division 01 Specifications.
SUBCONSULTANT DRAWINGS (Drawings provided by Others)
• Site Civil Plans and Details (for demolition plan, grading and drainage plan, utility
plans, and details)
• Site Structural Plans and Details (for site related items)
• Site Irrigation Plans and Details (for irrigation design and details)
• Site Lighting Plan (for lighting design and details)
• Design Development level opinion of probable construction cost.
(Phase II) Note: Phase II also includes 100% Design Development Deliverable as
listed in Task Three)
TASK FOUR: CONSTRUCTION DOCUMENTS
The general objective for this phase of the work is to prepare final documentation
drawings that incorporate the most current information regarding construction practices.
Based on the Client approved Design Development Plan and Design Development level
opinion of probable construction cost, Design Workshop will prepare Construction
Documents.
If any contractor, governmental authority, building department, or any other third-party
requests or requires that changes be made to the Construction Documents prepared by
Design Workshop, then Client shall notify Design Workshop of the same before any
such changes are made. In the event Client, Client’s contractors or subcontractors, or
anyone for whom the Client is legally liable makes or permits to be made any changes to
any documents prepared by Design Workshop or its consultants without obtaining
Design Workshop’s written consent, or in the event of termination of this Agreement
consistent with the terms herein, Client shall assume full responsibility for the results of
and any damages caused by such changes. Therefore, Client agrees to waive any claim
against Design Workshop and to release Design Workshop from any liability arising
directly or indirectly from such changes not consented to by Design Workshop. In
addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold
harmless Design Workshop, including Design Workshop’s consultants, from any
damages, liabilities or costs, including reasonable attorneys' fees and costs of defense,
arising from such changes.
Unless required solely as a result of Design Workshop’s failure to follow the applicable
laws in place at the time when the 100% Design Development Documents and 100% Bid
Documents/Permit Sets were originally prepared, any changes to the design requested
or required to be made after Design Workshop’s completion of the set of 100% Design
Development Documents and 100% Bid Documents/Permit Sets shall be an Additional
Service and shall be performed on a time and materials basis.
51
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
6
In the event Client uses Design Workshop’s work product without retaining Design
Workshop to either finalize the Construction Documents or to perform construction
observation services, Client releases Design Workshop and Design Workshop’s
consultant(s) from all claims and causes of action arising from such uses. Client, to the
fullest extent permitted by law, further agrees to indemnify and hold harmless Design
Workshop and its consultants from all costs and expenses, including the cost of defense
and attorneys’ fees, related to claims and causes of action asserted by any third person
or entity to the extent such costs and expenses arise from such use of the documents by
Client.
The specific tasks to be completed are as follows:
1. Prepare working drawings and specifications to reasonably conform to applicable
codes and regulations of governmental bodies having jurisdiction over the work
at the time the work is prepared.
2. Conduct technical work sessions with municipal staff.
3. Coordinate Design Workshop’s work with other consultants retained by the
Client. Coordinate interdisciplinary Construction Document reviews between the
consultants.
4. Review materials and technical systems with potential fabricators and
contractors.
5. Conduct internal Construction Document Quality Control Reviews for aesthetic
and technical content, and revise plans per reviews.
6. Attend up to (10) meetings with the Client and/or other consultants.
7. Prepare a Preliminary Construction Document-level opinion of probable
construction cost.
8. Participate in value engineering sessions.
9. Review all Subconsultant drawings and plans for conformance to Design
Workshop’s design intent.
10. Provide Technical specifications (for improvements and/or site features
described by the above listed drawings) in standard CSI format. (General
Conditions, Special Requirements, Division 00 and Division 01 Specifications
General Requirements shall be provided by Client.
11. Construction Document level opinion of probable construction cost.
Deliverables
o 50% Construction Documents and Technical Specifications
o 90% Construction Documents and Technical Specifications
o 100% Construction Documents and Technical Specifications
52
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
7
The following products, drawn at appropriate scales, will be provided at each submittal,
unless otherwise noted:
• Cover Sheet
• L0 Series - General Information and Notes
o Key Plan
o Hardscape and Softscape Site Reference Plans
o General Notes Series
o Mock-Up Details
• L1 Series - Vegetation Protection/Removal Plan
• L3 Series – Site Materials Plan(s)
• L4 Series – Site Layout Plan (CDs Only)
• L7 Series – Site Details and reference sections, drawn at appropriate scales, to
show the landscape intent.
• L8 - Planting Plan
• L10 – Planting Details
SUBCONSULTANT DRAWINGS (Drawings provided by Others)
• Site Civil Plans and Details (for demolition plan, grading and drainage plan, utility
plans, and details)
• Site Structural Plans and Details (for site related items)
• Site Irrigation Plans and Details (for irrigation design and details)
• Site Lighting Plan (for lighting design and details)
• Site Audio and Visual Plans and Details (for site related items)
• Construction Document level opinion of probable construction cost.
INITIAL INFORMATION
Client shall provide the following information or services as required for performance of
its services. Design Workshop assumes no responsibility for the accuracy of such
information or services provided by client and shall not be liable for errors or omissions
therein, but may rely on the accuracy of the information provided by Client. Should
Design Workshop be required to provide services in obtaining or coordinating
compilation of this information, such services shall be billed as additional services.
In order to begin services, Design Workshop will require the following information:
1. As-built, current topographic field surveys of the property which include but are
not limited to the property lines, easements, utilities, structures, buildings, one (1)
foot contours intervals, vegetation locations, caliper sizes and driplines, existing
features and other features descriptive of the conditions of the site.
2. A copy of soils/geology reports.
3. A copy of current architectural, structural, civil engineering, plumbing and
electrical engineering, paving, lighting and details.
53
Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
8
PROJECT CONDITIONS
1. Client/Client Rep. coordination may need extra time if Design Workshop has to
coordinate with multiple stakeholders.
2. Where landscape development will occur over structure including, but not limited
to, overhead decks and patios, Design Workshop’s scope of work will begin
above the slab, protection board and waterproofing level. All structural,
mechanical, water-proofing and protection of such structures are by others and
excluded from Design Workshop’s scope of work.
3. Site improvements including roads, parking areas, curbs and gutters,
underground utilities, final grading and connections to the engineering drainage
plan are designed and documented by Civil Engineers.
4. Design Workshop uses Autodesk Civil 3D® for design modeling and drawing
production. All CAD products shall be provided to Design Workshop in AutoCAD-
compatible formats and Design Workshop shall not be responsible for
inaccuracies in such base data or lack of coordination of such. Therefore, BIM
modeling and drawing production except in Civil 3D is excluded from Design
Workshop’s scope.
5. Design Workshop does not perform construction administration, but will observe
progress and quality of construction, provide interpretations of design documents
and advise the Client accordingly. The term “construction administration” if used
in the master agreement shall not apply to Design Workshop or its
subconsultants.
PROJECT EXCLUSIONS
The following exclusions are not part of Design Workshop’s base scope of services and
shall be considered Additional Services. Design Workshop will endeavor to solicit
approval from the client prior to commencing services however failure to obtain prior
approval does not inhibit Design Workshop from being compensated at Design
Workshop standard hourly rates for producing the associated work.
1. Public engagement
2. Cost Estimating
3. Any submittals, special permitting, approvals, and public meetings or
presentations or preparation of presentation drawings for public meetings unless
noted otherwise herein.
4. Revisions to site area or project scope of work
a. Design and engineering scope of services required because of changes
to the Project including but not limited to changes in size or location of
project area, quality and complexity, schedule, program, or budget;
5. Additional Graphic Deliverables
a. Alternate Design directions and/or alternate solutions after the completion
of the schematic design package;
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Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
9
b. Preparation of marketing, fundraising, promotional and collateral material
such as renderings, graphics, etc. not listed herein;
c. Production of fully-rendered 3D (or physical) model or fly-through;
6. Certifications & Permits
a. Services in conjunction with permit submissions, applications,
entitlements, and/or presentations to regulatory agencies except as
defined herein;
b. Coordination and documentation of sustainable design requirements,
e.g., LEED, Well Building, Living Building Challenge, or SITES,
certification unless contracted;
7. Value Engineering
a. Value engineering work due to a change in budget allocation or change in
budget after approval/ completion of Documents for the Phase;
b. Value engineering work related to delivery of the project by a
Construction Manager, GC or other such Contractor of the Owner on a
“shared savings” basis;
8. Meetings and Site Visits
a. In person, web and site meetings in addition to the number indicated in
base scope of services of this agreement;
9. Sub-Consultant Services
a. Only subconsultants listed herein are part of the scope of services.
b. Cost estimating/Opinion of Probable Construction Cost services unless
included herein as a base scope of service.
PROJECT TEAM
Design Workshop typically organizes projects in a team format with key responsibilities
divided between the Principal-in-Charge and Project Managers. The key team members
for your project are listed below:
Principal-in-Charge – Jessica Garrow
Jessica Garrow will serve as Principal-in-Charge of the Conner Park Incorporation into
Armory Land Use Application project and will have primary responsibility for the overall
content and quality of the services performed by Design Workshop and our consultant
team.
Project Manager – Eric Krohngold
Eric Krohngold will serve as the Project Manager for the Conner Park Incorporation into
Armory Land Use Application project and will also be responsible for leading the
planning efforts associated with the work. His responsibilities will include the
coordination of Design Workshop’s in-house planning and design team as well as
regular communication and coordination with all members of the Design Workshop’s
consultant team.
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Proposal for Conner Park – Armory Hall Land Use Application
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03/19/25
10
Design Lead – Carly Clevenstine
Carly Clevenstine will serve as Design Lead for the Conner Park Incorporation into
Armory Land Use Application project and will also be responsible for leading the design
efforts associated with the work. Her responsibilities will include the coordination of
Design Workshop’s in-house design team as well as regular communication and
coordination with all members of Design Workshop’s consultant team.
SCHEDULE
Pending a notice to proceed or a signed contract, Design Workshop will complete the
tasks required for the initial application submission on February 3, 2025 and will follow
up with “slip pages” as needed to ensure a complete submission.
Task 1 – Conner Park Land-use Application Updates 1-2 weeks
Task 2 – Conner Park SD Incorporation 2-4 weeks
Task 3 – Design Development 16 weeks
Task 4 – Construction Documentation 16 weeks
FEES AND EXPENSES
1. Basic services
Compensation to Design Workshop for the services described herein and in
accordance with the conditions of this agreement shall be for a lump sum fee of
$96,000 for Phase I and $145,200 for Phase II.
We will provide all the services described in tasks on a lump sum basis. The
following estimated fees are based on the scope and deliverables herein:
(Phase I)
TASK ONE – CONNER PARK LAND-USE APPLICATION UPDATES
Total Fee: $35,700
TASK TWO – CONNER PARK SD INCORPORATION
Total Fee: $24,700
TASK THREE (A) – 50% DESIGN DEVELOPMENT
Total Fee: $35,600
______________________________________________________________
Total Fee – Phase I: $96,000
(Phase II)
TASK THREE (B) – 100% DESIGN DEVELOPMENT
Total Fee: $41,850
TASK FOUR – CONSTRUCTION DOCUMENTS
Total Fee: $128,200
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Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
11
______________________________________________________________
Total Fee – Phase II: $170,050
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to compensation for Basic Services.
Reimbursable expenses incurred by Design Workshop and consultants directly
related to the project such as, but not limited to, travel, photography, telephone
charges, video conference charges, and printing expenses shall be billed at
Design Workshop’s cost plus fifteen percent (15%).
ADDITIONAL SERVICES
Services in addition to those described above are to be compensated on a Time
and Materials basis per Design Workshop’s current published rate schedule.
Additional services will include (but are not limited to) redesign of previously
approved work, major revisions to program and/or expansion of scope of
services. Whenever practical, changes, additions, or modifications to the scope
of services shall be authorized by written change request; however, the absence
of such a written change order shall not act as a bar to payment of fees due
Design Workshop, provided the change was in fact approved and ordered by the
Client.
TAXES
Any taxes or fees, (local, state or federal), based on gross receipts or revenues
will be added to amounts due under this contract.
PAYMENT TERMS
1. This is a lump sum contract and will be billed monthly as a percentage completed
for each phase of the work.
2. Invoices will be mailed from Design Workshop’s office by the 10th of each month.
Invoices are payable within 30 days of the date of billing. Invoicing shall be
specific to each major task and will describe the completed portion of the
services.
3. Extensive itemized breakdowns of hourly activities or provision of detailed
backup for reimbursed expenses for accounting purposes are not a normal
procedure; however, at the Client’s request, Design Workshop will provide this
service at an hourly rate of $65 (sixty-five dollars) per hour.
ACCEPTANCE
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Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
12
1. This Agreement is entered into between Design Workshop, Inc. and the City of
Aspen, owner or reputed owner of the property to be benefited by Design
Workshop’s services.
2. If this contract meets with your approval, please sign below and return one (1)
copy for our file.
3. If this agreement is not accepted within two (2) months from the date of receipt,
the offer to perform the described services may be withdrawn and Design
Workshop may renegotiate this proposal.
4. The City of Aspen agrees that they have read and understood the Contract
Provisions attached hereto and incorporated herein by reference.
DESIGN WORKSHOP, INC.
By: Date: May 28, 2025
Title: Principal
APPROVED BY CLIENT:
By: Date:
Title:
NOTES:
1. Attach invoicing questionnaire and Attachment A Contract Provisions.
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Proposal for Conner Park – Armory Hall Land Use Application
(Aspen, CO)
03/19/25
13
Exhibit A
2025
PUBLISHED BILLING RATES
Design Workshop, Inc.
Employee Classification Hourly Billing Rates
Principal $225 to $450
Associate/Landscape Architect $110 to $200
Intern $65
Project Assistant $110 to $150
Note: Other project specialists will be billed at their applicable billing rates, not to
exceed $250.
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Page 1 of 2
Change Order Form
General Information
Vendor Design Workshop, Inc.
Change Order Number 1
Date of Issuance 05/30/2025
Project Name Change Order 1 Design and Planning for Conner Park
Project Number 2025-137.01
Project Completion Date 12-31-2025
Project Manager Mike Tunte
COA Account Code 100.572.81200.57210.51859
Project Information
Description Of Service Design and Planning for Conner Park
Description Of ChangeOrder Phase 2 for design and engineering services for the Conner Parkproject in support of the Armory redevelopment
Contract Information
Original Contract Amount $96,000.00
Previous Change Order(s)$0.00
Change Order Amount(If Over $100k ChangeOrder To Be Presented ToCouncil For Approval)
$170,050.00
Final Contract Amount(Including All ChangeOrders)
$266,050.00
Revised Completion Date 12/31/2025
Docusign Envelope ID: 76695D85-6BD1-48F0-B8AC-B35447CADFD8
60140
Page 2 of 2
Signature
1. Contractor (Required)
2. Project Manager(Required)
3. Department Head(Required)
4. Procurement Officer(Required)
5. City Attorney (RequiredBased On Value OfThresholds)
6. City Manager (RequiredBased On Value OfThresholds)
Docusign Envelope ID: 76695D85-6BD1-48F0-B8AC-B35447CADFD8
6/4/2025 | 11:49:49 AM MDT
6/4/2025 | 10:22:13 AM MDT
6/4/2025 | 11:20:43 AM PDT
6/4/2025 | 2:46:47 PM MDT
61141
1
MEMORANDUM
TO: Mayor and City Council
FROM: Steve Hunter, Utility Resource Manager
Cole Langford, Utilities Business Services Manager
THROUGH: Erin Loughlin, Utilities Director
Tyler Christoff, Deputy City Manager
MEMO DATE: 05/30/2025
MEETING DATE: 06/10/2025
RE: Resolution #81 (Series of 2025) Stage One Water Shortage Declaration
REQUEST OF COUNCIL: City Council is requested to consider adoption of Resolution #81 (Series
of 2025) declaring that Stage One water shortage conditions exist in Aspen, Colorado.
PREVIOUS COUNCIL ACTION: The City adopted its water shortage policy through an Ordinance
of the Municipal Code on July 14, 2020, via Resolution #61, when Council declared a Stage One
water shortage. This was elevated to Stage Two water shortage on August 25, 2020, via
resolution #77. The City remained under Stage Two restrictions through June 6, 2023, when it
moved to Stage One via Resolution #85. Aspen City Council rescinded Stage One water
restrictions on September 24, 2024.
SUMMARY AND BACKGROUND: Aspen’s municipal water supply comes primarily from Castle
and Maroon Creeks. Unlike many community supplies, the Aspen water system has very little
water storage, relying primarily on direct streamflow. This system does not allow the controlled
release of water to match water demand. Instead, it depends on the consistent release of
water from snowmelt. During drier than normal years, runoff conditions may not match the
timing of the City’s typical demands and reductions in typical water usage may be necessary.
During these conditions, the City’s water policy enables Council to enact its Water Shortage
Ordinance by selecting an appropriate water shortage stage.
DISCUSSION: The Water Shortage Ordinance, codified in Section 25.28.010 of the Municipal
Code, sets forth the process for the finding of a water shortage. A finding of water shortage is
made by a City Council Resolution, which will declare the appropriate Stage. Further, Section
25.28.010(c) states, “The duration of each stage and the restrictions to be imposed shall be
decided by the City Council and included in the resolution finding the water shortage, according
to the exigencies of the particular situation in question.”
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2
According to the U.S. Drought Monitor moderate and severe drought conditions exist in the
Roaring Fork and surrounding watersheds. Below average snowpack and a warm and dry
spring have exacerbated drought conditions region wide. The City’s Drought Response
Committee met on May 30 to review the Spring/early Summer 2025 snowpack, runoff, and
drought data and agreed on recommending entering a Stage One water shortage declaration.
In following with the City’s Drought Mitigation and Response Plan, staff’s recommendations
for water restrictions match current drought conditions. Weather, climate, and snowpack are
highly variable and may change in a relatively short period of time. City staff will continue to
monitor and analyze conditions and anticipate returning to Council in the coming weeks if
conditions continue to deteriorate or improve.
The city is participating in the Airborne Snow Observatory (ASO) program
https://www.airbornesnowobservatories.com/. This program will help the city better quantify
the local snowpack, snow water equivalent (SWE), and runoff volumes specifically in the
Castle and Maroon Creek watersheds which supply Aspen’s water. ASO flights took place on
April 12 and May 22, 2025. Both flights measured reduced snowpack and SWE in Castle and
Maroon Creek watersheds and the Roaring Fork in 2025.
Current Drought Conditions
As of May 27, 2025, the US Drought Monitor status in much of Western Colorado increased
drought intensity categories to moderate (D1), Severe (D2), and Extreme (D3). Pitkin County
and the City of Aspen are in severe drought category. The majority of Pitkin County (82%) is
currently in severe drought. The Natural Resources Conservation Service (NRCS) Snow
Telemetry (SNOTEL) stations throughout the Roaring Fork basin are well below average and
most sites have melted out several weeks early. ASO flights in the Roaring Fork have also
measured below average SWE for 2025.
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3
Figure 1 US Drought Monitor: Colorado 05-27-2025
Figure 2. Snow Water Equivalent in the Roaring Fork, May 30, 2025.
2025
2024 2023
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4
Streamflow Forecast
May 1st seasonal streamflow forecasts in the Upper Colorado and Roaring Fork Rivers are
forecast to have below normal runoff. Seasonal streamflow forecasts for all large Upper Colorado
River Basin reservoirs are below normal and Lake Powell’s inflow forecast is 55% of average.
NOAA is predicting a wetter than average 2025 North American Monsoon which may help reduce
drought conditions.
Declaration of Stage One Water Shortage
The Water Shortage Ordinance provides for escalating restrictions based on the Stage of drought
observed. A Stage One Water Shortage is designed to incur a 10% reduction in water use.
Restrictions are voluntary for customers. Public facilities are directed to implement water use
restrictions for public parks, golf courses and other public uses, such as street washing.
FINANCIAL/BUDGET IMPACTS: Proposed rate surcharges for monthly water rates for Stage One
water shortage are 1.25 in billing tier III and 1.50 in tier IV of the standard rates for metered
water customers. A rate surcharge for the Buttermilk Metro District bulk water two-tier rate is
proposed for 1.375 for tier II. A surcharge of 1.25 is proposed for bulk water/ fill stations and
pressurized and non-pressurized raw water services.
Billing Tier Proposed Stage One Water Shortage % Surcharge
Tier I 0%
Tier II 0%
Tier III 25%
Tier IV 50%
Billing Tier
Buttermilk Metro
District
Proposed Stage One Water Shortage % Surcharge
Tier I 0%
Tier II 37.5%
One-Tier Rate
Structure (Bulk
Water / Fill
Stations)
Proposed Stage One Water Shortage % Surcharge
Tier I 25%
Raw Water Rate
Structure
(Pressurized)
Proposed Stage One Water Shortage % Surcharge
Pressurized 25%
Non-pressurized 25%
Table 1: Proposed Stage One Water Shortage Surcharges
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5
ENVIRONMENTAL IMPACTS: The city will continue to monitor and evaluate the 2024/2025
snowpack/SWE/snowmelt, runoff, weather, and climate in Aspen and the Roaring Fork
Watershed as through the remainder of the 2025 water year.
ALTERNATIVES: City Council could choose not to move into a Stage One Water Shortage
declaration. This would signal to the community that the Castle and Maroon Creeks watersheds
are not experiencing conditions which warrant a drought stage, which staff do not believe is
supported by the data and what is warranted by the Drought Mitigation and Response Plan.
City Council could choose to elevate to a Stage Two Water Shortage declaration. A Stage Two
declaration would be mandatory water reduction across water users and would increase
surcharges from those in Stage One. One of the indicators of a Stage Two restriction are water
shortage responses by other water providers in the Roaring Fork Basin, as well as activation of
the Colorado Drought Plan for Pitkin County. Staff recommends proceeding with incremental
stage restriction responses to align with the metrics and indicators included within the Drought
Mitigation Plan.
The Drought Response Committee discussed all alternatives at its May 30, 2025 meeting and
agreed that recommending moving into a Stage One Water Shortage was the best course of
action in the short term. Staff will continue to monitor drought conditions and anticipates
returning to Council in the coming weeks if conditions continue to deteriorate or improve.
RECOMMENDATIONS: Staff recommend moving into a Stage One Water Shortage based on
current drought conditions in Aspen and the Roaring Fork Watershed.
CITY MANAGER COMMENTS:
ATTACHMENTS:
Exhibit A: Resolution #81 (Series of 2025)
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RESOLUTION # 081
(Series of 2025)
A RESOLUTION DECLARING THAT A STAGE ONE WATER SHORTAGE
CONDITION EXISTS IN ASPEN, COLORADO, AND AUTHORIZING THE
CITY MANAGER TO IMPLEMENT ADMINSTRATIVE ORDERS SETTING
FORTH MANDATORY WATER USE CONTROLS TO REMAIN IN EFFECT
DURING THIS CONDITION.
WHEREAS, portions of Pitkin County are currently experiencing moderate
and severe drought conditions as determined by the U.S. Drought Monitor ; and
WHEREAS, the National Weather Service forecasts above average
temperatures and average precipitation over the next three months ; and
WHEREAS, the City of Aspen has established procedures to guard against
potential shortages in its water supplies pursuant to Municipal Code Section
25.28.020; and
WHEREAS, the City of Aspen wishes to encourage its residents and water
customers to conserve available water supplies through temporary adjustment in
water rates.
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 declares that a Stage One
water shortage condition exists in the City of Aspen, Colorado. It is further
resolved by the City Council that the temporary water rates contained in Section
25.28.050 of the Municipal Code will be in effect for the duration of the water
shortage declaration.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 10th day of June 2025.
Rachael E. Richards, Mayor
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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 , June 10, 2025.
Nicole Henning, City Clerk
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MEMORANDUM
TO: Aspen City Council
FROM: Nancy Nichols and Megan Monaghan Kids First Co-Managers
THROUGH: Diane Foster, Pete Strecker
MEMO DATE: June, 2025
MEETING DATE: June 10th, 2025
RE: Intergovernmental Agreement with Colorado Mountain College, Resolution
#88, Series of 2021 to extend the term for an additional three (3) years
REQUEST OF COUNCIL: To approve the Intergovernmental Agreement with Colorado
Mountain College extending the agreement for an additional three (3) years from July 1st,
2025 through July 2028
SUMMARY AND BACKGROUND: On October 12, 2021, City Council adopted
Resolution #88, Series 2021 with Colorado Mountain College to provide childcare space
at the Colorado Mountain College Campus in Aspen, Co. Further, the agreement has
been extended yearly for several years to continue to provide a childcare space at the
CMC Aspen campus. Exhibit “A” – Original IGA
DISCUSSION: Kids First staff is requesting approval of the Intergovernmental agreement
to secure the space for the childcare program at the Aspen CMC campus. The childcare
program at the Aspen CMC campus has been operating for 3.5 years and is prepared to
continue operation for a minimum of three years with plans to continue indefinitely.
Securing the space for an additional three years will allow for continued operation of the
current childcare program.
The extension and planning for continued childcare at the Aspen CMC campus is critical
to the ongoing availably of childcare for infants within the community.
FINANCIAL IMPACTS: The Intergovernmental agreement is based on Colorado
Mountain College providing this space for childcare free of charge. There are no new
financial impacts upon The City of Aspen or Colorado Mountain College.
ALTERNATIVES: The alternatives could include closing the childcare program and
eliminating this facility which would further impacting the limited childcare available to
families with infants. If the program is closed, finding an alternative space would be
needed and perhaps impossible to find.
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RECOMMENDATIONS: Staff recommends approval of the Intergovernmental agreement
for an additional three years securing the space for the current childcare provider.
Allowing for security of one infant programs success.
CITY MANAGER COMMENTS:
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INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF ASPEN
AND THE BOARD OF TRUSTEES OF COLORADO MOUNTAIN COLLEGE
REGARDING THE USE OF COLORADO MOUNTAIN COLLEGE FACILITIES
FOR THE ESTABLISHMENT OF AN INFANT CARE LEARNING LAB AT THE ASPEN CAMPUS PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this 12th day of October 2021 by and between the CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ASPEN {hereinafter referred to as "CITY), and COLORADO MOUNTAIN COLLEGE {hereinafter referred to as "COLLEGE"). RECITALS WHEREAS, both CITY and COLLEGE recognize the importance of professional childcare services in the community; and WHEREAS, providing quality, affordable childcare services are a cornerstone to economic recovery from the COVID pandemic; and WHEREAS, strengthening and expanding childcare opportunities provides an economic benefit to businesses and employers throughout the region; and WHEREAS, CITY plans significant investment, up to $75,000, to modify and remodel a classroom to create a high quality space for infant care. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT I. Use of Facility a. COLLEGE agrees to provide one classroom at the Aspen Campus that will be remodeled and converted to an infant care facility, providing quality infant care {up to 18 months old) for up to 8 infants as well as a designed outdoor space that CITY will design and pay for conversion to a playground area (the "Facility").
EXHIBIT A – Original IGA
71
b. CITY shall have a designated entrance on the east side of the building for ingress and egress to the Facility and shall only access such areas of the Aspen Campus as are necessary for the use of the Facility. All parking will also be only on that side of the building.
c. CITY agrees to use its best efforts to insure that all users of the Facility obey all applicable policies, rules and regulations of the COLLEGE. Upon any violation of any College policies, rules, regulations, the COLLEGE may in its sole discretion expel any individual violating the policy, or may terminate this entire Agreement. City will use the Facility only for the purpose described.
d. CITY agrees that all participants are under the direct and complete supervision and control of CITY. CITY shall be responsible for any damage to COLLEGE facilities or personal property caused by the CITY, its participants, or guests. COLLEGE shall not be liable for property damage, personal injury, damages, or other losses or expenses sustained by CITY. CITY assumes all risks injuries to its participants and loss or damage to its property and the property of its participants. II. Remodel of Facility. a. CITY agrees to pay for the remodeling of the classroom, up to $75,000, into an infant care facility. CITY will be responsible for all of the costs of making modifications to the Facility, including modifications to the classroom and for expenses associated with construction of an outdoor play space. b. The specifications of the classroom will meet or exceed all local, state and federal regulations. CITY and COLLEGE will meet and confer to approve the features, furniture and fixtures of the space design.
c. COLLEGE and CITY will agree and approve construction plans. CITY staff, specifically from Kids First and Assets Departments, must approve the initial plans and any subsequent change orders.
d. Construction management will be under the supervision of CITY facility staff. COLLEGE staff will be consulted and shall approve any changes made in the field prior to authorizing said changes. COLLEGE shall assist in facilitating access, work hours and other items on site during construction and COLLEGE shall participate in any pre-construction meetings to provide guidance on any logistical matters.
Ill. Term. The term of this agreement shall commence at 12:01am on October 13, 2021 and
continue for a period of one (1) year. The Parties may mutually agree to extend the Term in
writing for additional one-year terms. Either Party may terminate this Agreement upon sixty (60)
days; written notice. Upon termination of this Agreement, CITY shall remove all personal property.
Any fixtures or improvements to the Facility that cannot be removed without damage to the Facility
shall become the property of COLLEGE.
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IV. Fees. CITY agrees to pay COLLEGE the sum of $0 per month for use of the Facility.
V. Management and Operations.
a. The infant care program will be operated and managed by CITY and COLLEGE shall have no responsibilities for the infant care. The City may subcontract with or sublease the space to a qualified party that is appropriately licensed by the State of Colorado for the operation and management of the program.
b. Whenever an infant care space becomes available, priority will be given to children of COLLEGE faculty and staff, up to a total of three spaces. If there are no available infants of COLLEGE faculty or staff, CITY will fill that space with an infant from the general public. CITY shall determine the criteria and process for filling spaces in the program.
VI. Learning Lab Opportunities.
a. The Parties agree that early childhood professionals require education and training before entering the workforce and creating a pipeline of qualified childcare professionals helps children and families throughout the Roaring Fork Valley and beyond.
b. The Parties agree to collaborate on the development of a new early childhood education program, if the needs of COLLEGE support such program, where the Facility could be used as a learning lab for s ch educational program.
VII. Insurance. CITY shall maintain the insurance coverages and limits as outlined in Colorado Mountain College Insurance Requirements attached hereto as Exhibit A. Additional coverage may be required dependent upon the nature and scope of the event or activity. Any deviation from these requirements must be discussed with and approved by CMC Risk Management prior to the issuance of the certificate of insurance.
X. Miscellaneous a. Except as otherwise provided herein, this Agreement and all these terms and conditions may not be amended or modified absent a written agreement duly executed by the parties. b. The terms, conditions, and provisions of this Agreement shall be deemed to be severable. If any provision contained herein shall be determined to be invalid by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity or any other clause or provision herein.
73
s
c. Any formal notice, demand or request provided for in this Intergovernmental Agreement shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage prepaid to:
City of Aspen Attn: City Manager 130 South Galena Street Aspen, Colorado 81611
With a copy to: James R. True, Esq City Attorney City of Aspen 130 South Galena Street Aspen, Colorado 81611
Colorado Mountain College Attn: Julie S. Hanson Director of Purchasing & Contracts 802 Grand Ave. Glenwood Springs, CO 81601
With a copy to; Steven Skadron Vice President and Dean, Aspen & Carbondale Campuses 255 Sage Way Aspen, CO 81611
APPROVED by the City Council of the City of Aspen on the 12th day of October, 2021.
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 As meeting held on the day hereinabove stated.
COLORADO MOUNTAIN COLLEGE JuIie Digitally signed
• by Julie 5. Hanson Date: 2021.12.08 )4·39'44-arna· By: Julie S. Ht1nson, Director of Purchasing & Contracts Haosao
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Exhibit A - Colorado Mountain College Insurance Requirements
All vendors or organizations providing services to or doing business with Colorado Mountain
College, a Local College District (“CMC”) must maintain the following types of insurance with
minimum limits of liability as stated below for the duration of the contract. Please send these
requirements to your insurance agent or broker and have them provide a compliant Certificate of
Liability Insurance (preferably a standard Acord form) to CMC.
Certificates of Liability Insurance evidencing the coverage, limits and endorsements outlined below
must be i ssu e d by the insurance agent or carrier at least (5) working days prior to contract execution
or work commencing. Upon hiring any contractor, subcontractor, or infant care center operator, the
City shall specify at a minimum the same insurance contained herein from their contractor,
subcontractor or operator, and shall provide CMC with evidence of this insurance before work
commences under that contract.
Note: Additional coverage may be required dependent upon the nature and scope of services provided
and/or work performed. Requests for exceptions to these requirements must be discussed with and
approved by CMC Risk Management prior to contract execution or work commencing.
Coverage Minimum Limit
Commercial General Liability (CGL) $1,000,000 Occurrence/$2,000,000 aggregate
$2,000,000 Products / Completed Operations
aggregate
The City shall maintain commercial general liability coverage for itself and all additional insureds for
the duration of the event and/or use of CMC facilities, and maintain Completed Operations
coverage required herein in full force and effect until the expiration of any applicable statutes of
limitations. For any organization operating or managing the infant care center, insurance policy shall
not exclude coverage for sexual abuse, molestation, and/or misconduct. Colorado Mountain College,
a Local College District and its affiliates shall be listed as an additional insured. The insurance shall
include a provision that such insurance afforded by the policy for the benefit of the additional
insureds shall be primary and non-contributory to any insurance or self-insurance maintained by
the additional insureds. In addition, a Waiver of Subrogation shall be issued in favor of CMC.
Automobile Liability
The City shall ensure automobile liability is in force as required by state law for all vehicles used in
performing services or operating under this agreement. Proof of coverage may be required upon request.
Workers’ Compensation Statutory Limits ($100,000/$500,000/$100,000)
The City shall maintain the coverage required by the state for Workers’ Compensation / Employer’s Liability
insurance. The policy shall contain a Waiver of Subrogation in favor of CMC.
Additional Provisions
CMC requires insurance carriers be licensed to conduct business in the State of Colorado and a
minimum A.M. Best Rating of A-.
The City shall require their contractors, subcontractors, and/or infant care operators, if any, the
same limits and coverage required herein.
75
Each insurance policy shall state that CMC will receive thirty (30) days prior written notice of any
cancellation, non- renewal, or material alteration of the organization’s insurance policies. Renewal
certificates should be automatically sent to
CMC.
Certificate Holder: Colorado Mountain College, a Local College District
Risk
Managemen
t
Department
802 Grand
Avenue
Glenwood Springs, CO 81601
Questions regarding CMC’s Insurance Requirements should be
directed to: gpedrick@coloradomtn.edu Phone: 970-
947-8375
Revised 09/2021
76
RESOLUTION #083
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE INTERGOVERMENTAL AGREEMENT BETWEEN THE CITY
OF ASPEN AND COLORADO MOUNTAIN COLLEGE (CMC), AND
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 an Intergovernmental
Agreement, between the City of Aspen and Colorado Mountain College (CMC), 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 an Intergovernmental
Agreement between the City of Aspen and Colorado Mountain College (CMC), a copy
of which is annexed hereto and incorporated herein, and does hereby authorize 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 10th day of June, 2025.
Rachael Richards, 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, June 10, 2025.
Nicole Henning, City Clerk
77
Exhibit A
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF ASPEN AND
THE BOARD OF TRUSTEES OF COLORADO MOUNTAIN COLLEGE
REGARDING THE USE OF COLORADO MOUNTAIN COLLEGE FACILITIES FOR THE ESTABLISHMENT OF
AN INFANT CARE LEARNING CLASSROOM AT THE ASPEN CAMPUS
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this June 10th, 2025 by and
between the CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ASPEN (hereinafter referred to as
“CITY), and COLORADO MOUNTAIN COLLEGE (hereinafter referred to as “COLLEGE”).
RECITALS
WHEREAS, both CITY and COLLEGE recognize the importance of professional childcare services in the
community; and
WHEREAS, providing quality, affordable childcare services are a cornerstone to economic recovery from
the COVID pandemic; and
WHEREAS, strengthening and expanding childcare opportunities provides an economic benefit to
businesses and employers throughout the region; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and
other good and valuable considerations, the adequacy and sufficiency of which is hereby acknowledged,
the parties agree as follows:
AGREEMENT
I.Use of Facility
a.COLLEGE agrees to provide one classroom at the Aspen Campus that was remodeled and
converted to an infant care facility, providing quality infant care (up to 18 months old) for up to 8 infants
as well as a designed outdoor space playground area (the “Facility”).
b.CITY shall have a designated entrance on the east side of the building for ingress and
egress to the Facility and shall only access such areas of the Aspen Campus as are necessary for the use
of the Facility. All parking will also be only on that side of the building.
c.CITY agrees to use its best efforts to insure that all users of the Facility obey all applicable
policies, rules and regulations of the COLLEGE. Upon any violation of any College policies, rules,
regulations, the COLLEGE may in its sole discretion expel any individual violating the policy or may
terminate this entire Agreement. City will use the Facility only for the purpose described.
78
d.CITY agrees that all participants are under the direct and complete supervision and
control of CITY. CITY shall be responsible for any damage to COLLEGE facilities or personal property
caused by the CITY, its participants, or guests. COLLEGE shall not be liable for property damage, personal
injury, damages, or other losses or expenses sustained by CITY. CITY assumes all risks injuries to its
participants and loss or damage to its property and the property of its participants.
II.Term. The term of this agreement shall commence at 12:01am on July 1, 2025 and continue for
a period of three (3) years. The Parties may mutually agree to extend the Term in writing for additional
one-year terms. Either Party may terminate this Agreement upon sixty (60) days’ written notice. Upon
termination of this Agreement, CITY shall remove all personal property. Any fixtures or improvements
to the Facility that cannot be removed without damage to the Facility shall become the property of
COLLEGE.
III.Fees. CITY agrees to pay COLLEGE the sum of $0 per month for use of the Facility.
IV.Management and Operations.
a.The infant care program will be operated and managed by CITY and COLLEGE shall have
no responsibilities for the infant care. The City may subcontract with or sublease the space to a qualified
party that is appropriately licensed by the State of Colorado for the operation and management of the
program.
b.Whenever an infant care space becomes available, priority will be given to children of
COLLEGE faculty and staff, up to a total of three spaces. If there are no available infants of COLLEGE
faculty or staff, CITY will fill that space with an infant from the general public. CITY shall determine the
criteria and process for filling spaces in the program.
V.Learning Lab Opportunities.
a.The Parties agree that early childhood professionals require education and training before
entering the workforce and creating a pipeline of qualified childcare professionals helps children and
families throughout the Roaring Fork Valley and beyond.
VI. Insurance. CITY shall maintain the insurance coverages and limits as outlined in Colorado
Mountain College Insurance Requirements attached hereto as Exhibit A. Additional coverage may be
required dependent upon the nature and scope of the event or activity. Any deviation from these
requirements must be discussed with and approved by CMC Risk Management prior to the issuance of
the certificate of insurance.
VII.Miscellaneous
a.Except as otherwise provided herein, this Agreement and all these terms and conditions
may not be amended or modified absent a written agreement duly executed by the parties.
79
b.The terms, conditions, and provisions of this Agreement shall be deemed to be severable.
If any provision contained herein shall be determined to be invalid by a court of competent jurisdiction
or by operation of any applicable law, it shall not affect the validity or any other clause or provision
herein.
c.Any formal notice, demand or request provided for in this Intergovernmental Agreement
shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage
prepaid to:
City of Aspen
Attn: City Manager
427 Rio Grande Place
Aspen, Colorado 81611
With a copy to:
Kate Johnson
City Attorney
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Colorado Mountain College
Attn: Julie S. Hanson
AVP of Business Services
802 Grand Ave.
Glenwood Springs, CO 81601
With a copy to;
Steven Skadron
Vice President and Dean, Aspen
& Carbondale Campuses
255 Sage Way
Aspen, CO 81611
In witness whereof the parties hereto have caused this agreement to be executed as of the day and year
first written.
____________________________________
Pete Strecker, Interim City Manager
COLORADO MOUNTAIN COLLEGE
___________________________________
_ By: Julie S. Hanson, AVP of Business
Services
80
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY COUNCIL OF THE CITY OF ASPEN AND
THE BOARD OF TRUSTEES OF COLORADO MOUNTAIN COLLEGE
REGARDING THE USE OF COLORADO MOUNTAIN COLLEGE FACILITIES FOR THE ESTABLISHMENT OF
AN INFANT CARE LEARNING CLASSROOM AT THE ASPEN CAMPUS
PARTIES
THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made this June 10th, 2025 by and
between the CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF ASPEN (hereinafter referred to as
“CITY), and COLORADO MOUNTAIN COLLEGE (hereinafter referred to as “COLLEGE”).
RECITALS
WHEREAS, both CITY and COLLEGE recognize the importance of professional childcare services in the
community; and
WHEREAS, providing quality, affordable childcare services are a cornerstone to economic recovery from
the COVID pandemic; and
WHEREAS, strengthening and expanding childcare opportunities provides an economic benefit to
businesses and employers throughout the region; and
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties and
other good and valuable considerations, the adequacy and sufficiency of which is hereby acknowledged,
the parties agree as follows:
AGREEMENT
I.Use of Facility
a.COLLEGE agrees to provide one classroom at the Aspen Campus that was remodeled and
converted to an infant care facility, providing quality infant care (up to 18 months old) for up to 8 infants
as well as a designed outdoor space playground area (the “Facility”).
b.CITY shall have a designated entrance on the east side of the building for ingress and
egress to the Facility and shall only access such areas of the Aspen Campus as are necessary for the use
of the Facility. All parking will also be only on that side of the building.
c.CITY agrees to use its best efforts to insure that all users of the Facility obey all applicable
policies, rules and regulations of the COLLEGE. Upon any violation of any College policies, rules,
regulations, the COLLEGE may in its sole discretion expel any individual violating the policy or may
terminate this entire Agreement. City will use the Facility only for the purpose described.
81
d. CITY agrees that all participants are under the direct and complete supervision and
control of CITY. CITY shall be responsible for any damage to COLLEGE facilities or personal property
caused by the CITY, its participants, or guests. COLLEGE shall not be liable for property damage, personal
injury, damages, or other losses or expenses sustained by CITY. CITY assumes all risks injuries to its
participants and loss or damage to its property and the property of its participants.
II. Term. The term of this agreement shall commence at 12:01am on July 1, 2025 and continue for
a period of three (3) years. The Parties may mutually agree to extend the Term in writing for additional
one-year terms. Either Party may terminate this Agreement upon sixty (60) days’ written notice. Upon
termination of this Agreement, CITY shall remove all personal property. Any fixtures or improvements
to the Facility that cannot be removed without damage to the Facility shall become the property of
COLLEGE.
III. Fees. CITY agrees to pay COLLEGE the sum of $0 per month for use of the Facility.
IV. Management and Operations.
a. The infant care program will be operated and managed by CITY and COLLEGE shall have
no responsibilities for the infant care. The City may subcontract with or sublease the space to a qualified
party that is appropriately licensed by the State of Colorado for the operation and management of the
program.
b. Whenever an infant care space becomes available, priority will be given to children of
COLLEGE faculty and staff, up to a total of three spaces. If there are no available infants of COLLEGE
faculty or staff, CITY will fill that space with an infant from the general public. CITY shall determine the
criteria and process for filling spaces in the program.
V. Learning Lab Opportunities.
a. The Parties agree that early childhood professionals require education and training before
entering the workforce and creating a pipeline of qualified childcare professionals helps children and
families throughout the Roaring Fork Valley and beyond.
VI. Insurance. CITY shall maintain the insurance coverages and limits as outlined in Colorado
Mountain College Insurance Requirements attached hereto as Exhibit A. Additional coverage may be
required dependent upon the nature and scope of the event or activity. Any deviation from these
requirements must be discussed with and approved by CMC Risk Management prior to the issuance of
the certificate of insurance.
VII. Miscellaneous
a. Except as otherwise provided herein, this Agreement and all these terms and conditions
may not be amended or modified absent a written agreement duly executed by the parties.
82
b.The terms, conditions, and provisions of this Agreement shall be deemed to be severable.
If any provision contained herein shall be determined to be invalid by a court of competent jurisdiction
or by operation of any applicable law, it shall not affect the validity or any other clause or provision
herein.
c.Any formal notice, demand or request provided for in this Intergovernmental Agreement
shall be in writing and shall be deemed properly given if deposited in the United States Mail, postage
prepaid to:
City of Aspen
Attn: City Manager
427 Rio Grande Place
Aspen, Colorado 81611
With a copy to:
Kate Johnson
City Attorney
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Colorado Mountain College
Attn: Julie S. Hanson
AVP of Business Services
802 Grand Ave.
Glenwood Springs, CO 81601
With a copy to;
Steven Skadron
Vice President and Dean, Aspen
& Carbondale Campuses
255 Sage Way
Aspen, CO 81611
In witness whereof the parties hereto have caused this agreement to be executed as of the day and year
first written.
____________________________________
. Pete Strecker, Interim City Manager
COLORADO MOUNTAIN COLLEGE
___________________________________
_ By: Julie S. Hanson, AVP of Business
Services
83
MEMORANDUM
TO: Aspen City Council
FROM: Megan Monaghan, Nancy Nichols Co-Managers Kids First
THROUGH: Diane Foster, Pete Strecker
MEMO DATE: June 2025
MEETING DATE: June 10th, 2025
RE: Lease Expansion Justification for Ajax Cubs at the Yellow Brick Building
_____________________________________________________________________
REQUEST OF COUNCIL: That City Council approve the request to amend Ajax Cubs’
current lease at the Yellow Brick Building to include one additional classroom and one
office space, which will become available on June 10, 2025. Ajax Cubs, a current
childcare provider and tenant, is seeking this expansion in alignment with the objectives
outlined in their lease, specifically under ARTICLE VI – Permitted Use, with emphasis
on the Community Accessibility clause (See Justification).
SUMMARY AND BACKGROUND: Ajax Cubs is a longstanding tenant at the Yellow
Brick Building, operating a successful childcare program that currently includes four
classrooms, and an administrative office located in the basement. Over the course of
their tenancy, Ajax Cubs has consistently met or exceeded the performance standards
outlined in their lease. Their program plays a vital role in addressing Aspen’s ongoing
childcare needs, particularly for working families who depend on full-day, year-round
services.
On June 10, 2025, Aspen Mountain Tots will vacate two spaces in the Yellow Brick
Building—one classroom and one office. Aspen Mountain Tots has been a valued
provider in the community, and their departure represents a notable reduction in local
childcare capacity. Extending the lease of an existing provider such as Ajax Cubs
enables a seamless transition and helps preserve essential childcare services for local
families. Utilizing the newly available space to support an existing provider ensures
continuity of care and maximizes efficient use of the building’s resources.
84
Justification:
Per the Community Accessibility clause under ARTICLE VI – Permitted Use as
defined in current tenant leases.
“Priority will also be given to childcare providers offering the hours and year-round
scheduling most in demand. Priority will be given to current tenants of the Yellow Brick
Building as long as performance standards are met.”
Ajax Cubs satisfies both criteria:
1. Expanded Scheduling: Ajax Cubs offers full-day, year-round childcare services,
which directly responds to the scheduling needs most frequently requested by
families in the Aspen community.
2. Performance Standards: Ajax Cubs continues to operate in good standing,
meeting all compliance, licensing, and facility requirements.
3. Current Tenant: As a current tenant of the Yellow Brick Building, Ajax Cubs is
eligible for expansion priority, particularly when space becomes available and
they are positioned to scale services.
Granting additional space to Ajax Cubs directly supports the City’s strategic objective to
enhance community access to reliable, high-quality childcare, and helps alleviate
persistent childcare shortages.
DISCUSSION: Kids First is confident that Ajax Cubs will utilize the classroom space to
support and strengthen the continued growth of their program. The additional space will
provide increased flexibility, enabling the program to adapt to the changing childcare
needs of families from year to year. This flexibility enhances the program’s ability to
serve the community effectively by accommodating a wider range of children and care
needs. Families in the community will benefit from a program that offers full-time care
for children of all ages.
FINANCIAL IMPACTS: There is currently no financial impact. Childcare programs
operating within the Yellow Brick building are not paying rent due to a rent waiver
agreement between the City of Aspen and the childcare tenants located in the facility.
ALTERNATIVES: An alternative could involve offering the classroom space to a new
or existing childcare program through a Request for Proposals (RFP) process. This
approach may require a significant investment of time and effort. Or the classroom
could be left vacant for future use or different needs.
85
RECOMMENDATIONS: Staff recommends that the City Council approve the lease
expansion for Ajax Cubs within the Yellow Brick Building. Doing so will ensure the city
continues to prioritize accessible, consistent, and quality childcare for Aspen families,
while honoring the commitments outlined in the existing lease agreement.
CITY MANAGER COMMENTS:
86
1 | Page
RESOLUTION #084
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A FIRST AMENDMENT TO AJAX CUBS
CURRENT LEASE BETWEEN THE CITY OF ASPEN AND AJAX CUBS AND
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 First
Amendment to the Yellow Brick Lease Agreement Between the City of Aspen
and Ajax Cubs, 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 First
Amendment to Yellow Brick Lease Agreement Between the City of Aspen and
Ajax Cubs, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the day of June 10, 2025.
Rachael Richards, 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, June 10, 2025.
Nicole Henning, City Clerk
87
2 | Page
Exhibit A
FIRST AMENDMENT TO THE YELLOW BRICK LEASE AGREEMENT BETWEEN
THE CITY OF ASPEN AND AJAX CUBS
This amendment to Lease Agreement is entered into this 10th day of June 2025, hereby
amends that certain Yellow Brick Lease Agreement Between the City of Aspen and Ajax Cubs
made and entered into on November 24, 2022, by and between the City of Aspen, Colorado,
(hereinafter “Landlord”), and Ajax Cubs, LLC, (hereinafter “Tenant”).
WHEREAS, the Aspen City Council passed Resolution #151, Series of 2024, approving
a Yellow Brick Lease Agreement Between the City of Aspen and Ajax Cubs, LLC dated
November 24, 2022 (hereinafter the “Lease”); and,
WHEREAS, the Lease authorized Tenant to occupy certain space for purposes of
childcare in the City owned building located at 215 N. Garmisch Street, Aspen, Colorado; and,
WHEREAS, pursuant to the Lease, the Tenant has exercised its right to extend the lease
through and including December 31, 2025; and
WHEREAS, Landlord and Tenant desire to amend that certain Lease Agreement to
expand the Leased Premises to include areas commonly known as Classroom 1 and Office Space
#4.
NOW, THERFORE, In consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties agree as follows:
Notwithstanding anything to the contrary contained in said Lease Agreement, the terms
and conditions of said Lease Agreement are amended as follows:
1. Section 1 – Leased Premises. The description of the Leased Premises is hereby amended to
include additional leased space, specifically Room #1, which measures 823 sq. ft. (identical
in size to Room #2 in the current lease) as well as an upstairs office, represented as Office
Space #4, which measures 140 sq. ft.
Monthly rent and pro-rated shares of utilities will be billed monthly to the tenant as follows:
88
3 | Page
Square
Footage
Rent for
2022-23
space
Rent
2023-
2024
Annual
sum
Annual
Rounded Monthly
Monthly
Rounded
up
Classroom 4 827 11.00 11.34 9378.18 9379.00 781.58 782.00
11.68 9659.53 9660.00 805.00 805.00
12.03 9949.15 9950.00 829.17 830.00
Classroom 5 784 11.00 11.34 8890.56 8891.00 740.92 741.00
11.68 9157.12 9158.00 763.17 764.00
12.03 9431.83 9432.00 786.00 786.00
Classroom 6 783 11.00 11.34 8879.22 8880.00 740.00 740.00
11.68 9145.44 9146.00 762.17 763.00
12.03 9419.80 9420.00 785.00 785.00
Bath 1 (5 & 6) 70 11.00 11.34 793.80 794.00 66.17 67.00
11.68 817.60 818.00 68.17 69.00
12.03 842.13 843.00 70.25 71.00
Classroom 2 823 11.00 11.34 9332.82 9333.00 777.75 778.00
11.68 9612.64 9613.00 801.08 802.00
12.03 9901.02 9902.00 825.17 826.00
Storage 225.00 231.75 2781.00 2781.00 231.75 232.00
238.70 2864.43 2865.00 238.75 239.00
245.86 2950.33 2951.00 245.92 246.00
2025 Extended
lease 0.00
Classroom 1 823 12.03 9900.69 9901.00 825.06 826.00
Office 140 12.03 1684.20 1685.00 140.35 141.00
Totals 2023 40058.00 3338.17 3339.00
Totals 2024 41260.00 3438.33 3439.00
Totals 2025 54084.00 4507.00 4507.00
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4 | Page
2. All other Lease terms, not otherwise amended herein, shall remain in full force and effect,
including the terms set forth in the Lease regarding responsibility of utility payments and
default, and the Tenant acknowledges and agrees that by amending the Lease, City has not
waived any claims it has against Tenant for any default that occurred prior to the entry of
this Amendment.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease Extension
Agreement on the day and year first above written.
TENANT:
AJAX CUBS, LLC
___________________________
OLIVER UMPLEBY, OWNER
LANDLORD:
CITY OF ASPEN, COLORADO
_________________________________
PETE STRECKER, INTERIM CITY MANAGER
90
1 | Page
FIRST AMENDMENT TO THE YELLOW BRICK LEASE AGREEMENT BETWEEN
THE CITY OF ASPEN AND AJAX CUBS
This amendment to Lease Agreement is entered into this 10th day of June, 2025, hereby
amends that certain Yellow Brick Lease Agreement Between the City of Aspen and Ajax Cubs
made and entered into on November 24, 2022, by and between the City of Aspen, Colorado,
(hereinafter “Landlord”), and Ajax Cubs, LLC, (hereinafter “Tenant”).
WHEREAS, the Aspen City Council passed Resolution #151, Series of 2024, approving
a Yellow Brick Lease Agreement Between the City of Aspen and Ajax Cubs, LLC dated
November 24, 2022 (hereinafter the “Lease”); and,
WHEREAS, the Lease authorized Tenant to occupy certain space for purposes of
childcare in the City owned building located at 215 N. Garmisch Street, Aspen, Colorado; and,
WHEREAS, pursuant to the Lease, the Tenant has exercised its right to extend the lease
through and including December 31, 2025; and
WHEREAS, Landlord and Tenant desire to amend that certain Lease Agreement to
expand the Leased Premises to include areas commonly known as Classroom 1 and Office Space
#4.
NOW, THERFORE, In consideration of the mutual covenants contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the parties agree as follows:
Notwithstanding anything to the contrary contained in said Lease Agreement, the terms
and conditions of said Lease Agreement are amended as follows:
1. Section 1 – Leased Premises. The description of the Leased Premises is hereby amended to
include additional leased space, specifically Room #1, which measures 823 sq. ft. (identical
in size to Room #2 in the current lease) as well as an upstairs office, represented as Office
Space #4, which measures 140 sq. ft.
Monthly rent and pro-rated shares of utilities will be billed monthly to the tenant as follows:
91
2 | Page
Square
Footage
Rent for
2022-23
space
Rent
2023-
2024
Annual
sum
Annual
Rounded Monthly
Monthly
Rounded
up
Classroom 4 827 11.00 11.34 9378.18 9379.00 781.58 782.00
11.68 9659.53 9660.00 805.00 805.00
12.03 9949.15 9950.00 829.17 830.00
Classroom 5 784 11.00 11.34 8890.56 8891.00 740.92 741.00
11.68 9157.12 9158.00 763.17 764.00
12.03 9431.83 9432.00 786.00 786.00
Classroom 6 783 11.00 11.34 8879.22 8880.00 740.00 740.00
11.68 9145.44 9146.00 762.17 763.00
12.03 9419.80 9420.00 785.00 785.00
Bath 1 (5 & 6) 70 11.00 11.34 793.80 794.00 66.17 67.00
11.68 817.60 818.00 68.17 69.00
12.03 842.13 843.00 70.25 71.00
Classroom 2 823 11.00 11.34 9332.82 9333.00 777.75 778.00
11.68 9612.64 9613.00 801.08 802.00
12.03 9901.02 9902.00 825.17 826.00
Storage 225.00 231.75 2781.00 2781.00 231.75 232.00
238.70 2864.43 2865.00 238.75 239.00
245.86 2950.33 2951.00 245.92 246.00
2025 Extended
lease 0.00
Classroom 1 823 12.03 9900.69 9901.00 825.06 826.00
Office 140 12.03 1684.20 1685.00 140.35 141.00
Totals 2023 40058.00 3338.17 3339.00
Totals 2024 41260.00 3438.33 3439.00
Totals 2025 54084.00 4507.00 4507.00
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3 | Page
2. All other Lease terms, not otherwise amended herein, shall remain in full force and effect,
including the terms set forth in the Lease regarding responsibility of utility payments and
default, and the Tenant acknowledges and agrees that by amending the Lease, City has not
waived any claims it has against Tenant for any default that occurred prior to the entry of
this Amendment.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Lease Extension
Agreement on the day and year first above written.
TENANT:
AJAX CUBS, LLC
___________________________
OLIVER UMPLEBY, OWNER
LANDLORD:
CITY OF ASPEN, COLORADO
_________________________________
PETE STRECKER, INTERIM CITY MANAGER
93
RESOLUTION #087
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING A WAIVER OF THE RESTRICTIONS ON
EMPLOYMENT FOR FORMER CITY COUNCIL MEMBERS FOR FORMER
MAYOR TORRE
WHEREAS, pursuant to Section 2.02.070(d) of the City of Aspen Municipal
Code, City Council members shall be disqualified from employment with the City
for a period of six (6) months from the last day of the term of their elected position
without the consent of City Council; and
WHEREAS, former City of Aspen Mayor Torre has requested a waiver from
the restrictions set forth in Section 2.02.070(d) of the City of Aspen Municipal Code
for purposes of employment with the Wheeler Opera House; and
WHEREAS, Torre’s term as Mayor ended on April 8, 2025; and
WHEREAS, former Mayor Torre is restricted from taking employment with
the City until October 8, 2025; and
WHEREAS, the Wheeler Opera House has an opening for a season,
intermittent, and temporary (SIT) Theater Technician; and
WHEREAS, former Mayor Torre has applied for the position and meets the
qualifications for the position; and
WHEREAS, the Wheeler Opera House wishes to move forward with offering
the position of SIT theater technician to former Mayor Torre;
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 consents to the employment
of the former City of Aspen Mayor, Torre, as a SIT Theater Technician with the
Wheeler Opera House and hereby waives the provisions restricting the employment
of former City Council members set forth in Section 2.02.070(d) of the Aspen
Municipal Code for the purpose of said employment.
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INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 10th day of June, 2025.
Rachael Richards, 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, June 10, 2025.
Nicole Henning, City Clerk
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June 2, 2025
Dear Mayor and City Council:
The Wheeler Opera House is regularly adding seasonal, intermittent, and temporary (SIT)
employees to its pool of Theater Technicians. These technicians support the needs of
productions at the Wheeler, under the direction of our full-time crew, as stagehands, audio
engineers, or light operators.
There is a high degree of seasonal and annual turnover with this pool of employees which
intensifies in the summer when demand for technicians throughout Aspen, and the state,
rises due to summer festivals and events. The Wheeler is constantly searching for skilled,
experienced technicians to replenish this pool.
Aspen’s former Mayor, Torre, applied to be considered for the pool of SIT Theater
Technicians. His application and credentials were reviewed and he was invited to
interview with the Wheeler’s Production Manager, Michael Baca, consistent with standard
protocol. Michael determined that Torre’s experience in audio engineering and live
entertainment qualified him to be a member of the Wheeler overhire crew.
Wheeler staff would like to move forward with offering Torre employment on the condition
that Council waive the limitations imposed by the Charter that imposes an exclusionary
period for employment with the City applicable to prior City Council members. He could
be a useful member of the team as the Wheeler enters a busy summer season.
Respectfully,
Mike Harrington
Executive Director
Wheeler Opera House
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Mayor Richards and Aspen City Council,
I am writing you today in hopes for your support as I seek employment with The
Wheeler Opera House as a member of their technical team. It is an on call, part-
time, hourly position that assists the production crew with stage technical needs. I
have spoken with The Wheeler about the position and we both feel it is a good fit
because of my experience in theater production, previous employment at the
Wheeler, and availability on demand.
The Aspen City Charter contains a provision that maintains that a City Council
member wait six months after their council term for employment with the City of
Aspen. This provision can be waived by the current Council. With an
understanding of the intention of this provision, I am asking for City Council to
allow for my employment with The Wheeler Opera House.
Thank you for your consideration and if you have any questions for me please
contact me at aspentorre@gmail.com, or 970-948-2023.
Thank you,
Torre
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Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Doyle, Benedetti, Rose, and
Guth present.
PUBLIC COMMENT:
Charlie Tarver – Mr. Tarver spoke about affordable housing for employees. He spoke about common
areas. There is a weakness in our system if no one will stick up for him.
Mayor Richards said this is an HOA concern among tenants. She suggested researching his rights in his
original agreement.
Toni Kronberg – Ms. Kronberg shared a handout with council. She suggested starting a webpage on
where we are in the process of the entrance to Aspen. Mayor Richards said she has already suggested
that to Jenn Ooton. Ms. Kronberg spoke about the survey online at Aspen Community Voice.
COUNCILMEMBER COMMENTS:
Councilor Guth spoke about the park tooth project. He asked if anyone is interested in pushing this back.
He is in favor of that, so it doesn’t disrupt summer activities.
Interim City Manager, Pete Strecker, said they were trying to pace this project with Ruggerfest and the
Motherlode so that is an issue as well.
Mayor Richards wants to move forward with the schedule. The costs are important.
Mr. Strecker said he will bring back more information at the next meeting on June 10th.
Councilor Guth brought up the hearing for 790 Castle Creek Drive. He spoke about a local-friendly way
to mitigate the fees.
Mayor Richards said it would take a larger policy resolution to change the code.
Councilor Benedetti said school is out on Tuesday, so there will be impacts on congestion and housing.
Board and commission applications are due tomorrow with a lot of vacancies out there.
Councilor Doyle said he was struck by how many dead trees are up the pass. He spoke about this year’s
run off. Watershed is already experiencing a drought level so let’s already think about water
conservation. It will be a long fire season this year. Be mindful of the fires you build and what the fire
department is telling us about restrictions.
Mayor Richards said it’s likely we will go into a drought protocol for the city.
Councilor Rose mentioned that he and Councilor Doyle had their first recruitment interview for the new
city manager. He also spoke about food tax refunds.
Mayor Richards spoke about upcoming events at the Red Brick. Thursday June 5th at 5 pm is the
opening of two exhibitions. She spoke about nominations for the Grand Marshal on the 4th of July as
well as parade float applications on the special events website.
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CITY MANAGER COMMENTS:
Mr. Strecker said the food tax refunds have been mailed out. It was $315,000 that went out for this.
There were two information only memos in the packet today as well. He spoke about the public art
program that is currently being set up around town.
BOARD REPORTS:
Mayor Richards said she had EOTC last week. She spoke about increasing ridership and reducing
congestion. She had ACRA this morning where they highlighted a New Zealand trip which would be 14
days that folks can sign up for. It’s a busy summer, but post July, they are seeing a softening in
reservations. It’s a summer of free music in Snowmass and Basalt. We are concerned with the forest
service cutbacks. It’s really severe and will affect many things. She spoke about the council goals they
spoke about in the retreat last week.
Mayor Richards introduced the Arbor Day Proclamation and spoke about the Arbor Day celebration at
Paepcke Park. She welcomed the City Forester, David Coon to the dais. He said Aspen has 33 years as a
tree city under its belt. Saturday June 7th is the Arbor Day celebration. Please come by and pick up a free
tree.
Mayor Richards read the proclamation aloud.
CONSENT CALENDAR:
Councilor Guth pulled Resolution #076 and #080.
Resolution #076, Series of 2025 – Agreement between the City of Aspen and Gillig, LLC – Lynn
Rumbaugh
Councilor Guth asked about non-electric bus costs.
Ms. Rumbaugh approached the dais and said the non-electric is 700k.
Resolution #080, Series of 2025 – Adopting the 2025-2027 City Council Priority Projects and Council
Goals
Councilor Guth clarified some verbiage in the council goals document.
Councilor Benedetti pointed out that the resolution contains more broad verbiage.
Bill motioned to approve the Consent Calendar; Councilor Benedetti seconded. Roll call vote: Benedetti,
yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
FIRST READING OF ORDINANCE:
Ordinance #04, Series of 2025 – City of Aspen Clean Air Act Updates – Natalie Tvesdos
Ms. Tvesdos said this ordinance is for the proposed updates to the nonsmoking ordinance. She spoke
about the purpose and gave some background. She said the Clean Air Act began in 1985. The state
passed their own version of this act in 2019. Today, the city’s ordinance has superseded the state’s act.
We are now proposing to update and align with the state. The biggest change would be to include
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vaping being prohibited indoors and in public spaces. She spoke about the benefits and opened up for
questions.
Mayor Richards said she appreciates her bringing this forward. She spoke about young people getting
addicted to vaping. She spoke about popcorn lung, which is permanent lung damage. She would like
more information about where the authorized places are such as on the mall.
Councilor Guth motioned to read; Councilor Doyle seconded. Roll call vote: Benedetti, yes; Doyle, yes;
Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
City Clerk, Nicole Henning, read the ordinance.
Councilor Doyle motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle,
yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
PUBLIC HEARING:
Resolution #072, Series of 2025 – 790 Castle Creek Drive – Haley Hart, Long Range Planner & Patrick
Rawley of Rawley Design Planning is representing the owners, Jim Cerise and Carolyn Barabe.
Mr. Rawley gave a project overview and said the request is to replace the existing single-family
residence with a duplex for them and eventually their children and grandchildren. They were both
employed by Aspen Ski Co. There are four long-time locals living in this house. The family is asking us to
look at the local fee waivers. This is directly south of the Red Butte Cemetery. He showed the existing
conditions on screen.
Councilor Rose asked if they will replant trees and Mr. Rawley said they will put some back in.
Ms. Hart gave her presentation. She said staff is recommending approval with affordable housing
deferral mitigation agreement.
Council asked various questions.
Mayor Richards opened public comment:
John Kelleher – Mr. Kelleher said he supports everything Patrick has talked about. He has seen too many
trees trying to be cut down and spoil the views. God bless and go get em. He supports the Cerise’s and
Tony Vagneur.
Tony Vagneur – Mr. Vagneur said he can vouch for these people. He worked with Jimmy at Ski Co.
Carolyn was his boss when he was an ambassador on Aspen Mountain. He’s 100% into giving them
every break because they deserve it.
Pat Bingham – Ms. Bingham said she grew up in Aspen with the Cerise kids and is here showing support.
We don’t want to lose these people in this community. They’ve paid their dues in terms of employee
housing. This doesn’t happen every day in Aspen. Most people who buy in the area have very little
history in the community and then they tear down and create a mansion in its place and sits empty most
of the time. The permits are approaching a million dollars and that just doesn’t seem right. This
community wraps its arms around people. She’s hoping the city of Aspen will look for ways to wrap it’s
arms around this family.
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Donna Rowlands – Ms. Rowlands said she lives caddy corner. She is an old-time local. She is for the good
old days. She has three generations of women living in my house. It’s so simple and they are such good
neighbors. She is house rich and cash poor but she’s not about to sell her house. This family does a lot of
volunteer work.
Anita Rayburn – Ms. Rayburn said she now lives in the Woody Creek house that Carolyn was in. She can
attest to what an excellent family they are and how much they’ve given to the community. Their
property is failing and aging. This will improve it and cut down on wildfire risk. They do so much
volunteer work and will continue to do so. They are asking for permission where she has seen her
neighbors not going through the proper routes.
Stoney Davis – Mr. Davis said he only knows of two other 60 year locals who could apply for this and it
won’t become hundreds that you will become the banker for.
Stefan Reveal – Mr. Reveal said it is hard for him. He is endorsing this. They are a great family, and we
really need to take care of these families.
Kathy Dewolf – Ms. Dewolf said she has read about the city potentially spending 500 million on the
Lumberyard for employee housing. It is much needed in this community, but it would behoove Council
to redevelop this property and give them a break from employee mitigation fees. How about starting
with taking people who were born here. You won’t have hundreds of people. It’s a more unique
situation than just taking care of people who have lived here for a long time. Please help them out if you
can.
Morta Peterson – Ms. Peterson was born and raised in Aspen. She supports the Cerise’s. This family
needs to keep their house for them and their family.
Rob Guile – Mr. Guile said he was in this chair three years ago. He was applying for the same thing at
that time. The fair concession is to keep the kids out of the employee housing pool.
Ducky Deborah Knowlton Coon – She said she was born and raised here as well. She is in support of this
as well. They are the community and are the face of this community.
Ruth Harrison – Ms. Harrison said they are wonderful human beings. It breaks her heart that they’ve
lived here their whole lives, they should be able to do this without going bankrupt. It shouldn’t be this
hard; it’s ridiculous.
Andrew Roberts – Mr. Roberts has lived here for nine years and is a local developer. He spoke about the
“bundle of rights”, and he finds it disturbing that governments and cities are taking away the bundle of
rights. He totally supports this for a break for this family.
Kinley Retman – Ms. Retman lives in RO downtown and is very appreciative of that. You all really need
to think about this as the fees are astronomical. Use this as an opportunity to come up with something
creative. The Cerise’s are amazing.
Patty Spillsbury – Ms. Spillsbury said she has known them for over 40 years, and she loves them. Ditto to
everyone’s comments. We need to take care of each other.
Rose Abello – Ms. Abello said she really wants to encourage you all to help this family out. They are such
valuable assets in our community.
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Mike Maple – Mr. Maple said he wants to support this application with some modifications. He spoke
about how much he hates the program and how absurd it is.
Mayor Richards closed public comment and said she originally met them at the “leave it to Leo” ski shop
back in the day. She said they have no issue with the stream margin review. There is no discussion with
the house design, sq footage, etc. and no question on the demolition allotment for longtime locals. The
issues are regarding the fees.
Ms. Benedetti said this is quite a group. She is sympathetic. If this was a onetime ask, she would be in
favor. She is concerned about setting a precedent based on emotion. But she would like to find a
creative solution to make this work. She doesn’t want Council to be a jury of who is more local.
Councilor Doyle said Councilor Benedetti said what he wanted to say, but way better. His question is
about resident occupied designation.
Councilor Rose said it’s a precedent worth setting. They aren’t asking for every fee to be waived.
Councilor Guth said he is supportive of the primary requests tonight.
Mayor Richards suggested a motion for staff to come with a policy resolution.
Councilor Guth suggested they pass the resolution with an amendment that stipulates that the applicant
can be eligible to participate in any fee waiver program that may be created prior to issuance of their
building permit and then they can have a separate conversation with staff about policy resolution.
Mayor Richards asked if that was a motion and Councilor Guth said so moved; Councilor Doyle
seconded.
Councilor Guth amended his motion to say the applicant can participate in the existing affordable
housing mitigation fee program. Councilor Doyle accepted.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Mayor Richards said staff will come back with a policy resolution.
ACTION ITEMS:
Resolution #075, Series of 2025 – Q1 Fee in Lieu Request – Haley Hart
Ms. Hart explained the request for 1380 Riverside Drive and said staff is recommending approval. It was
approved by Planning & Zoning on May 7th. There was one condition of approval which is that the
project be required to extinguish the 0.46 FTEs obtained through the Affordable Housing Credits
Program prior to building permit issuance.
Councilor Rose motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes;
Guth, yes; Rose, yes; Richards yes. 5-0, motion carried.
Discussion and direction to staff to initiate review of the city sign code and stay of prosecution
regarding sign code violations at 935 E Cooper Avenue pending review of the sign code
Community Development Director, Ben Anderson, said this is an unfortunate set of circumstances. If
there is a desire to have a bigger conversation about signage, this will be a much bigger conversation.
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Mayor Richards said his staff has been correct in how they have pursued this. It is directly related to
residential sign code.
Mayor Richards asked for a motion directing staff to review the sign code to prepare a policy resolution
to bring back to Council, and putting a stay on the complaint that has been filed on Mark Tye.
Councilor Rose motioned; Councilor Doyle seconded.
Councilor Guth said we want to keep it to yard signs.
Councilor Rose accepted the amendment and Councilor Doyle seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
City Attorney, Kate Johnson introduced the Executive Session
Councilor Rose motioned to move into Executive Session; Councilor Benedetti seconded. Roll call vote:
Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried at 8:24 p.m.
______________________
City Clerk, Nicole Henning
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MEMORANDUM
TO: Mayor Richards and City Council
FROM: Natalie Tsevdos, Air Quality Program Manager
THROUGH: Tessa Schreiner, Env. Health and Sustainability Manager
Ben Anderson, Community Development Director
MEMO DATE: June 2, 2025
MEETING DATE: June 10, 2025
RE: City of Aspen Clean Air Act Updates – Second Reading
Ordinance #04, Series of 2025
_____________________________________________________________________
REQUEST OF COUNCIL: Staff request City Council review and approve the proposed
updates in Ordinance #04, Series of 2025, to Section 13.16.010 - City of Aspen Clean
Air Act, within the Municipal Code at Second Reading.
SUMMARY AND BACKGROUND: In 1985, Aspen became one of Colorado’s first
municipalities to prohibit smoking in public places with the passage of a smoking
ordinance. The Aspen ordinance banned smoking in places such as restaurants, bars,
retail shops, and offices. In 2010, Council updated the smoking ordinance to include a
section prohibiting smoking outside on designated city owned properties, which includes
the City-County campus and the bridge between Aspen High School and the Aspen
Recreation Center.
In 2006, Colorado passed the Colorado Clean Indoor Air Act (CCIAA) banning smoking
in restaurants and City staff began using both the state act and city ordinance to protect
the public against secondhand smoke. In 2019, the state legislature updated the CCIAA
to include a ban on all nicotine products such as e-cigarettes and vaping. It also eliminated
most exemptions for smoking indoors, except for preexisting establishments where
primary sales were from tobacco products. With the closing of Eric’s in 2022, Aspen no
longer has any cigar bars that meet the preexisting establishment exemption.
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Staff began the process to update the City of Aspen Clean Air Act in 2019, and the Covid-
19 pandemic and staff departures led to delays. Recent inquiries about the rules around
smoking and vaping in Aspen highlighted the need for clarification and alignment of state
and city codes. Staff conducted outreach to food and beverage businesses on the CCIAA
in 2023 in response to several citizen concerns about indoor smoking and vaping. Staff
will conduct additional outreach to businesses on the City of Aspen Clean Air Act upon
Council’s approval of the proposed updates.
Since the 2019 update to the CCIAA, the section in Aspen’s code that remains relevant is
section 13.16.040(h), prohibiting smoking outside on designated city owned property. The
City’s ordinance currently does not address vaping and the use of e-cigarettes.
Ordinance #04, Series of 2025, Section 13.16.010 - City of Aspen Clean Air Act was
passed by City Council at First Reading on May 27, 2025.
DISCUSSION: Many sections of Aspen’s current smoking ordinance are superseded
by the CCIAA. This causes confusion for staff and the public in the administration of the
ordinance and the protection of the public from secondhand smoke and vapor.
Staff propose replacing Aspen’s existing smoking ordinance with a new ordinance that
aligns with the CCIAA. This update will include:
• The definition of electronic smoking device and the prohibition of vaping and e-
cigarette use in all designated non-smoking areas
• The prohibition of smoking in outdoor public places when being used for a public
event, such as a farmer’s market
• Removal of the requirement for businesses to post “No Smoking” signs at all
public entrances
• Removal of language pertaining to designated smoking sections in eating
establishments
An updated smoking ordinance would provide staff and the public with a clear
understanding of the rules on smoking and vaping in and around public spaces. The
updates will make Aspen’s smoking regulations easier for the public to understand and
simpler for staff to administer.
To protect the health of workers, residents, and visitors in Aspen, smoking and vaping
are prohibited in the following places:
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• Places of employment. This includes businesses where an employee or member
of the public may enter, regardless of the hours of operation.
• Indoor public places. This includes all businesses that are open to the public,
regardless of whether there is a fee to enter, such as auditoriums, theaters, public
buildings and restrooms, restaurants, bars, and retail shops.
• Outdoor public places when being used for a public event, such as a farmer’s
market, festival, or parade.
• Outdoor service areas and dining areas. Service areas are places where someone
is waiting to receive a service, such as outside of an information kiosk, ATMs, and
bus stops.
• Outdoor areas of City owned property that have been designated as a non-
smoking area.
• Within 25 feet of public entrances.
Exemptions include:
• Cigar bars that were established before December 31, 2005
• Private residences
• Outdoor public places not listed above
FINANCIAL IMPACTS: The adoption of a new smoking ordinance does not require
additional funding. There will not be a financial impact for businesses from these
changes as the CCIAA has been in effect since 2019.
ENVIRONMENTAL IMPACTS: In 1964, the first Surgeon General's report on smoking
recognized the proven link between smoking and lung cancer. In 1986, the 19th Surgeon
General's report on “The Health Consequences of Involuntary Smoking” officially
acknowledged and emphasized the harmful effects of secondhand smoke. And in 1993,
the U.S. Environmental Protection Agency published a report concluding that secondhand
smoke was responsible for approximately 3,000 lung cancer deaths each year in
nonsmoking adults and impairs the respiratory health of hundreds of thousands of
children.
In recent years, nicotine vapor products (e-cigarettes and vaping) have become popular,
especially among young adults and children. Per the Centers for Disease Control and
Prevention (CDC), the use of e-cigarettes is unsafe for kids, teens, and young adults.
Most e-cigarettes contain nicotine, which is highly addictive and can harm adolescent
brain development, which continues into the early to mid-20s.
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E-cigarettes can contain other harmful substances besides nicotine. These products are
dangerous for the user, and they expose bystanders to secondhand vapor that is not safe
to breathe, including cancer-causing chemicals, heavy metals and nicotine.
An updated City of Aspen Clean Air Act will help protect the public from exposure to
secondhand smoke and vapor by providing smoke-free and vape-free public spaces with
clean air free of harmful chemicals. Restricting where smoking and vaping is permitted
also reduces environmental contamination from tobacco waste, such as cigarette butts.
Harms of vaping, including secondhand exposure, are:
• Organ Damage: According to the Cleveland Clinic, vaping can cause inflammation
and irritation in the lungs, leading to breathing problems and conditions like EVALI
(E-cigarette or Vaping Product Use-Associated Lung Injury). EVALI encompasses
various lung injuries caused by vaping, including “popcorn lung.” Nicotine
increases heart rate and blood pressure, raising the risk of cardiovascular disease.
• Nicotine Addiction: Most e-cigarettes contain nicotine, which is highly addictive and
can harm brain development, especially in young people, according to the Centers
for Disease Control and Prevention (CDC).
• Toxic Chemicals: Vape aerosol contains harmful substances like cancer-causing
chemicals, heavy metals (nickel, tin, lead), and volatile organic compounds,
according to the CDC.
• Unknown Long-Term Effects: Since vaping is relatively new, scientists are still
studying its long-term health impacts, but early research suggests it could lead to
chronic lung disease and other serious conditions, according to the Mayo Clinic.
Vaping in public can send youth the message that vaping is safe, normal, and acceptable.
Restricting where vaping is permitted protects bystanders from secondhand aerosol
exposure and helps enforce positive social norms of not using nicotine products.
ALTERNATIVES: Council could replace the existing ordinance with adoption of the
Colorado Clean Indoor Air Act (CCIAA) by reference and keep the section related to the
regulation of smoking on outdoor City owned property. This would have the same
protection for the public from secondhand smoke and vapor. Adopting the state act by
reference provides administrative efficiency, however, future changes would be
dependent on the state legislature and there would be less local responsiveness and
customization.
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Staff Memo
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RECOMMENDATIONS: Staff recommends that Council approve Ordinance #04, Series
of 2025 at Second Reading amending Section 13.16.010 - City of Aspen Clean Air Act,
of the Municipal Code.
CITY MANAGER COMMENTS:
EXHIBITS:
Ordinance #04, Series of 2025
A – Colorado Clean Indoor Air Act (2019)
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ORDINANCE #04
SERIES OF 2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
REPEALING CHAPTER 13.16 SMOKING IN PUBLIC PLACES OF THE CITY OF
ASPEN MUNICIPAL CODE ENTITLED THE “CITY OF ASPEN CLEAN INDOOR AIR
ACT” AND REPLACING IT WITH A NEW CHAPTER 13.16 ENTITLED THE “CITY
OF ASPEN CLEAN AIR ACT”
WHEREAS, in 1985, Aspen became one of the first municipalities in Colorado to
prohibit smoking in public places with the passage of a smoking ordinance; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard. In
2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to
secondhand smoke; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and
exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the
following:
Levels of secondhand smoke exposure outdoors can reach levels recognized as
hazardous, depending on direction and amount of wind, number and proximity of
smokers, and enclosures like walls or roofs; and
Smoking cigarettes near building entryways can increase air pollution levels by more
than two times background levels, with maximum levels reaching the “hazardous” range
on the United States EPA’s Air Quality Index; and
To be completely free from exposure to secondhand smoke in outdoor places, a person
may have to move 25 feet away from the source of the smoke, about the width of a two-
lane road; and
WHEREAS, Electronic Smoking Device (ESD) aerosol is not harmless water vapor as it
contains varying concentrations of particles and chemicals with some studies finding particle
sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;
and
WHEREAS, evidence supports that exposure to electronic smoking device aerosol,
including secondhand exposure, has immediate impacts on the human respiratory and
cardiovascular systems, and poses a risk to human health; and
WHEREAS, to reduce the risk of smoke-related health problems in Colorado, the Colorado
General Assembly passed legislation in 2006 known and cited as the “Colorado Clean Indoor Air
Act” (“the Act”) which prohibited smoking in indoor areas throughout the state; and
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WHEREAS, the General Assembly amended the Act in 2013 and again in 2019 to prohibit
marijuana smoking and the use of electronic smoking devices; and
WHEREAS, pursuant to the Act, local governments may enact and enforce smoking
regulations that cover the same subject matter as the Act that are as stringent as or more stringent
than the Act; and
WHEREAS, this Ordinance is intended to amend the City of Aspen Clean Indoor Air Act to
align with state law and expand prohibitions on smoking, including marijuana smoking and
smoking produced by an electronic smoking devices, in indoor spaces and public spaces so as to
reduce the risk of smoke-related health problems in the City of Aspen; and
WHEREAS, the City Council has determined that the health, safety and wel fare of the
citizens, residents, and visitors of the City of Aspen will be served by this Ordinance, which
expands prohibitions on smoking in indoor and outdoor public spaces.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
Section 13.16.010 through and including Section 13.16.100 of Chapter 13.16 of the City of Aspen
Municipal Code shall be repealed and replaced in its entirety as follows:
13.16.010. - Short Title.
This Chapter shall be known as and it may be cited as the “City of Aspen Clean Air Act.”
13.16.020. - Purpose.
The intent of this Chapter is to protect health, safety and welfare by prohibiting smoking, vaping
and the use of other tobacco products in designated public places, including outdoor and indoor
public spaces, and places of employment.
13.16.030. - Definitions.
The terms in this Chapter have the following meanings unless the context clearly indicates
otherwise.
Auditorium means the part of a public building where an audience gathers to attend a
performance, and includes any corridors, hallways, or lobbies adjacent thereto.
Bar means any indoor area that is operated and licensed under article 3 of title 44, Colorado
Revised Statutes (C.R.S.) primarily for the sale and service of alcohol beverages for on-premises
consumption and where the service of food is secondary to the consumption of such alcohol
beverages.
Business means a sole proprietorship, partnership, joint venture, corporation, or other business
entity, either for-profit or not-for-profit, including retail establishments where goods or services
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are sold; professional corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered; and private clubs.
Cigar-tobacco bar means a bar as defined in 25-14-203(4) C.R.S., that in the calendar year
ending December 31, 2005, generated at least five percent or more of its total annual gross
income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the
rental of on-site humidors, not including any sales from vending machines. In any calendar year
after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross
income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the
rental of on-site humidors shall not be defined as a “cigar-tobacco bar” and shall not thereafter be
included in the definition regardless of sales figures.
Electronic smoking device or ESD
(a) Means any product, other than a product described in subsection (c) of this definition,
that contains or delivers nicotine, or any other substance intended for human
consumption and that can be used by a person to enable the inhalation of vapor or aerosol
from the product;
(b) Includes any product described in subsection (a) of this definition and any similar
product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor;
(c) Does not include a humidifier or similar device that emits only water vapor.
Employee means any person who:
(a) Performs any type of work for benefit of another in consideration of direct or indirect
wages or profit;
(b) Provides uncompensated work or services to a business or nonprofit entity;
(c) “Employee” includes every person described in paragraph (a) of this definition,
regardless of whether such person is referred to as an employee, contractor, independent
contractor, volunteer or by any other designation or title.
Employer means any person, partnership, association, corporation, business or nonprofit entity
that employs one or more persons. “Employer” includes, without limitation, the legislative,
executive, and judicial branches of state government; any county, city and county, city, or town,
or instrumentality thereof, or any other political subdivision of the state, special district,
authority, commission, or agency; or any other separate corporate instrumentality or unit of state
or local government.
Enclosed Area means closed in by a roof and four (4) walls with appropriate openings for ingress
and egress and is not intended to mean areas commonly described as public lobbies.
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Entryway means the outside of the front or main doorway leading into a building or facility that
is not exempted from this Chapter. Entryway also includes the area of public or private property
within twenty-five feet of the doorway.
Indoor area means any enclosed area or portion thereof of a location open to the public. The
opening of windows or doors, or the temporary removal of wall panels, does not convert an
enclosed area into an unenclosed.
Marijuana shall have the same meaning as in section 16 (2)(f) of article XVIII of the Colorado
State Constitution.
Outdoor Dining Area means any publicly or privately owned unenclosed area, including streets
and sidewalks, that is available to or customarily used by the general public or an employee, and
that is designed, established, or regularly used for consuming food or drink.
Person means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity, including government
agencies.
Place of employment means an area under the control of an employer where an employee or the
general public may enter in the normal course of operations, regardless of the hours of operation,
whether the area is enclosed or unenclosed including work areas and construction sites. A private
residence is not a “place of employment” unless it is used as a childcare, adult day care, or health
care facility.
Private Club means an organization, whether incorporated or not, where the owner, lessee, or
occupant of a building or portion thereof is used exclusively for club purposes at all times,
which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or
athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental
to its operation. The affairs and management of the organization are conducted by a board of
directors, executive committee, or similar body chosen by the members at an annual meeting.
The organization has established bylaws and/or a constitution to govern its activities. The
organization has been granted an exemption from the payment of federal income tax as a club
under 26 U.S.C. Section 501.
Public building means any building owned or operated by:
(a) The state, including the legislative, executive, and judicial branches of state government;
(b) Any county, city and county, city, or town, or instrumentality thereof, or any other
political subdivision of the state, a special district, an authority, a commission, or an agency;
or
(c) Any other separate corporate instrumentality or unit of state or local government
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Public Event means an event which is open to and may be attended by the general public,
including but not limited to, such events as concerts, fairs, farmers’ markets, festivals, parades,
performances, and other exhibitions, regardless of any fee or age requirement.
Public place means any publicly or privately-owned place that is open to the general public,
regardless of any fee or age requirement, including, but not limited to, auditoriums, theaters,
entryways, elevators, plazas, public buildings, public events, public restrooms, shopping areas.
Reasonable Distance means a distance of twenty-five (25) feet from an entryway where smoking
is prohibited.
Restaurant means an eating establishment that is a place of employment, open to the public
including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public-
school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well
as kitchens and catering facilities where food is prepared on the premises for serving elsewhere.
The term restaurant includes the bar area within a restaurant.
Secondhand smoke means the complex mixture formed from the escaping smoke of a burning
tobacco product, also known as “sidestream smoke”, and smoke exhaled by the smoker.
Service area means any publicly or privately owned area, including streets and sidewalks, that is
designed to be used or is regularly used by one or more persons to receive a service, wait to
receive a service, or to make a transaction, whether or not such service or transaction includes
the exchange of money. The term “service area” includes, but is not limited to, areas including or
within twenty-five (25) feet of information kiosks, automatic teller machines (ATMs), service
lines, bus stops or shelters, or cab stands.
Smoke means the gases, particles, or vapors released into the air as a result of combustion,
electrical ignition, or vaporization, when the apparent or usual purpose of the combustion,
electrical ignition, or vaporization is human inhalation of the byproducts, except when the
combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation
is solely olfactory, such as, for example, smoke from incense. The term smoke includes, but is
not limited to, tobacco smoke, vapors from an electronic device, and marijuana smoke.
Smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe or any other lighted or heated tobacco or plant product intended for inhalation, including
marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the
use of an Electronic Smoking Device (ESD).
Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp
cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist
tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and
sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be
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suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and
smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for
smoking.
Tobacco product means:
(a) any product that is made from or derived from tobacco, or that contains nicotine, that
is intended for human consumption or is likely to be consumed, whether inhaled,
absorbed, or ingested by any other means, including but not limited to, a cigarette, a
cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(b) any electronic smoking device and any substances that may be aerosolized or
vaporized by such device, whether or not the substance contains nicotine; or
(c) any component, part, or accessory of subsection (1) or (2) of this definition, whether
or not any of these contains tobacco or nicotine, including but not limited to filters,
rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
Unenclosed area means any area that is not an enclosed area.
Work area means an area in a place of employment where one or more employees are routinely
assigned and perform services for or on behalf of their employer.
13.16.040. - Prohibition of smoking and tobacco product use in enclosed areas.
Smoking and the use of Tobacco Products is prohibited in the Enclosed Areas of the following
places within the City of Aspen:
(a) Places of Employment; and
(b) Public Places.
13.16.050. - Prohibition of smoking and tobacco product use in unenclosed areas.
(a) Smoking and the use of Tobacco Products is prohibited in the following Unenclosed
Areas within the City:
(1) Service Areas; and
(2) Outdoor Dining Areas; and
(3) Places of Employment; and
(4) Any outdoor areas of City owned property which has been designated as a
non-smoking area. Such area shall be clearly marked with appropriate no smoking
signage; and
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(5) Other Public Places, when being used for a public event including, but not
limited to, a farmers’ market, parade, craft fair, festival, or any other event open
to the general public.
(b) Nothing in this Chapter prohibits any Person, Employer, or nonprofit entity with legal
control over any property from prohibiting Smoking and Tobacco Product use on any
part of such property, even if Smoking or the use of Tobacco Products is not otherwise
prohibited in that area.
13.16.060. - Reasonable smoking distance required.
(a) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance of 25
feet from any entryway into an Enclosed Area where Smoking is prohibited.
(b) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance of 25
feet from any Unenclosed Areas in which Smoking is prohibited by this Chapter.
13.16.070. - Other requirements and prohibitions.
(a) No Person, Employer, or nonprofit entity shall knowingly permit Smoking or the use
of Tobacco Products in an area which is under the legal or de facto control of that Person,
Employer, or Nonprofit Entity and in which Smoking, or the use of Tobacco Products is
prohibited by law.
(b) No Person, Employer, or nonprofit entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as ashtrays or ash cans, within an area
under the legal or de facto control of that Person, Employer, or nonprofit entity and in
which Smoking or the use of Tobacco Products is prohibited by law, including, without
limitation, within a Reasonable Distance required by this Chapter from any area in which
Smoking, or the use of Tobacco Products is prohibited. Notwithstanding the foregoing,
the presence of ash receptacles in violation of this subsection shall not be a defense to a
charge of Smoking or the use of Tobacco Products in violation of any provision of this
Chapter.
(c) No Person, Employer, or nonprofit entity shall intimidate, threaten any reprisal, or
effect any reprisal, for the purpose of retaliating against another Person who seeks to
attain compliance with this Chapter.
(d) Each instance of Smoking or Tobacco Product use in violation of this Chapter shall
constitute a separate violation. For violations other than for Smoking, each day of a
continuing violation of this Chapter shall constitute a separate violation.
13.16.080. - Exemptions.
(a) Notwithstanding any provision to the contrary, nothing in this ordinance shall be
interpreted to restrict or otherwise regulate the use of a drug, device, or combination product
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(b) authorized for sale by the United States Food and Drug Administration, as those terms
are defined in the Federal Food, Drug, and Cosmetic Act.
(c) Cigar-tobacco bar
(d) Retail Marijuana Hospitality and Sales Business pursuant to 44-10-610, C.R.S
13.16.090. - Enforcement.
(a) The City Manager or the City Manager's designee shall be responsible for compliance
with this Chapter with regard to facilities which are owned, operated or leased by the
City.
(b) Any citizen who desires to register a complaint under this Chapter may initiate
enforcement with the City Manager or City Manager's designee.
(c) The City Manager or the City Manager's designee may enforce the provisions of this
Chapter by either of the following actions:
(1) Servicing notice requiring correction of any violation of this Chapter.
(2) Requesting the City Attorney to initiate appropriate enforcement proceedings,
including, without limitation, the initiation of a complaint in Municipal Court or
the institution of injunctive, abatement or other appropriate action to prevent,
enjoin, abate or remove such violation.
(d) Any person convicted of violating any provision of this Chapter shall, upon
conviction, be punished by a fine, up to the maximum amount allowed in Section
1.04.080 of this Code, for each separate offense and may be enjoined from any further or
continued violation thereof. Each day any violation of this Chapter shall continue shall
constitute a separate offense.
(e) Any remedies provided for herein shall be cumulative and not exclusive and shall be
in addition to any other remedies provided by law.
13.16.100. – Penalties and relief.
(a) Any person, upon conviction of a violation of any provision of this Title, shall be
subject to a fine, imprisonment or both a fine and imprisonment, as set forth in Section
1.04.080 of this Code, for each separate offense and may be enjoined from any further or
continued violation hereof. A violation of Chapter 13.16 shall be punishable by a fine
only. Each day any violation of this Title shall continue, shall constitute a separate
offense hereunder.
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(b) In addition to the penalties and relief provided for in Subsection (a) above, any person
found in violation of any provision of Sections 13.04.010 to 13.04.100 of this Title shall
reimburse the City for any expenses incurred in preventing pollution of the municipal
water supplies caused by said person, any expenses incurred in restoring municipal water
supplies to the standards set forth in Section 13.04.020 or any expenses incurred in
improving any intake, treatment facility or other part of the water works, which
improvement is necessitated by the violation found hereunder.
Section 3:
Any scrivener’s errors contained in the code amendments approved by this Ordinance, including
but not limited to mislabeled subsections or titles, may be corrected administratively following
adoption of the Ordinance.
Section 4: Effect Upon Existing Litigation:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5: Severability:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 6: Effective Date:
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this Ordinance shall become
effective thirty (30) days following final passage.
Section 7: Public Hearing:
A public hearing on this ordinance shall be held on the 10th day of June, 2025, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council
of the City of Aspen on the 27th day of May 2025.
ATTEST:
__________________________ ____________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
FINALLY, adopted, passed and approved on this 10th day of June 2025.
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ATTEST:
__________________________ ___________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
APPROVED TO AS FORM:
___________________________
Katharine A. Johnson, City Attorney
118
HOUSE BILL 19-1076
BY REPRESENTATIVE(S) Michaelson Jenet and Larson, Caraveo, Cutter,
Jackson, Mullica, Arndt, Buentello, Duran, Exum, Galindo, Garnett, Herod,
Kipp, McCluskie, Roberts, Snyder, Tipper, Titone, Becker, Bird, Buckner,
Hansen, Jaquez Lewis, Kennedy, Landgraf, Lontine;
also SENATOR(S) Priola and Donovan, Ginal, Court, Fields, Foote,
Gonzales, Moreno, Pettersen, Story, Tate, Todd, Williams A., Garcia.
CONCERNING UPDATES TO THE "COLORADO CLEAN INDOOR AIR ACT", AND,
IN CONNECTION THEREWITH, REMOVING CERTAIN EXCEPTIONS AND
ADDING PROVISIONS RELEVANT TO THE USE OF ELECTRONIC SMOKING
DEVICES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, amend 25-14-202 as
follows:
25-14-202. Legislative declaration. (1) The general assembly
hereby finds and determines that:
(a) It is in the best interest of the people of this state to protect
nonsmokcrs THE PUBLIC from involuntary exposure to %.,i •
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 119
tobacco and marijuana EMISSIONS FROM SECONDHAND smoke AND
ELECTRONIC SMOKING DEVICES (ESD) in most indoor areas open to the
public, IN public meetings, IN food service establishments, and IN places of
employment, The gcncial--a-s-stmlrly-furthci finds and CiCtCliniiik,s-diat AND
(b) A---bal-anee—snotid—be—strucle-betweerrthe-health—concerns—of
norreonsunters-oftobacco-yroducts-and-combustiblematuanzrand-the-need
to minimize unwairantcd govermncntal regulation,
privatc sphcrcs of conduct and choicc with iespect to the use or nonuse of ... to products,i !pa • I gnacca p
areas private places ESD EMISSIONS CONSIST OF ULTRAFINE
PARTICLES THAT ARE SIGNIFICANTLY MORE HIGHLY CONCENTRATED THAN
PARTICLES WITHIN CONVENTIONAL TOBACCO SMOKE. THERE IS CONCLUSIVE
EVIDENCE THAT MOST ESDs CONTAIN AND EMIT NOT ONLY NICOTINE BUT
ALSO MANY OTHER POTENTIALLY TOXIC SUBSTANCES AND THAT ESDS
INCREASE AIRBORNE CONCENTRATIONS OF PARTICULATE MATTER AND
NICOTINE IN INDOOR ENVIRONMENTS. IN ADDITION, STUDIES SHOW THAT
PEOPLE EXPOSED TO ESD EMISSIONS ABSORB NICOTINE AT LEVELS
COMPARABLE TO THE LEVELS EXPERIENCED BY PASSIVE SMOKERS. MANY OF
THE ELEMENTS IDENTIFIED IN ESD EMISSIONS ARE KNOWN TO CAUSE
RESPIRATORY DISTRESS AND DISEASE, AND ESD EXPOSURE DAMAGES LUNG
TISSUES. FOR EXAMPLE, HUMAN LUNG CELLS THAT ARE EXPOSED TO ESD
AEROSOL AND FLAVORINGS SHOW INCREASED OXIDATIVE STRESS AND
INFLAMMATORY RESPONSES.
(2) Therefore, the general assembly hereby declares that the purpose
of this part 2 is to preserve and improve the health, comfort, and
environment of the people of this state by limiting-exposure-to-tobacco-and
marijuana smoke PROTECTING THE RIGHT OF PEOPLE TO BREATHE CLEAN,
SMOKE-FREE AIR. NOTHING IN THIS PART 2 IS INTENDED TO INHIBIT A
PERSON'S ABILITY TO TAKE MEDICINE USING AN INHALER OR SIMILAR DEVICE,
NOR TO PREVENT AN EMPLOYER OR BUSINESS OWNER FROM MAKING
REASONABLE ACCOMMODATION FOR THE MEDICAL NEEDS OF AN EMPLOYEE,
CUSTOMER, OR OTHER PERSON IN ACCORDANCE WITH THE FEDERAL
"AMERICANS WITH DISABILITIES ACT OF 1990", AS AMENDED, 42 U.S.C.
SEC. 12101 ET SEQ.
SECTION 2. In Colorado Revised Statutes, 25-14-203, amend (7),
(16), and (18); repeal (1); and add (4.5) as follows:
PAGE 2-HOUSE BILL 19-1076
120
25-14-203. Definitions. As used in this part 2, unless the context
otherwise requires:
(1) "*rpc,-smoking
~lreairs a oar or ft taurant,f ootn,
lc ana international
passengercommercial g , m which bar or restaurantsmoking is allowed
in a fully encloscd and independently vcntilatcd arca by the terms of the
(4.5) "ELECTRONIC SMOKING DEVICE" OR "ESD":
(a) MEANS ANY PRODUCT, OTHER THAN A PRODUCT DESCRIBED IN
SUBSECTION (4.5)(c) OF THIS SECTION, THAT CONTAINS OR DELIVERS
NICOTINE OR ANY OTHER SUBSTANCE INTENDED FOR HUMAN CONSUMPTION
AND THAT CAN BE USED BY A PERSON TO ENABLE THE INHALATION OF VAPOR
OR AEROSOL FROM THE PRODUCT;
(b) INCLUDES ANY PRODUCT DESCRIBED IN SUBSECTION (4.5)(a) OF
THIS SECTION AND ANY SIMILAR PRODUCT OR DEVICE, WHETHER
MANUFACTURED, DISTRIBUTED, MARKETED, OR SOLD AS AN E-CIGARETTE,
E-CIGAR, E-PIPE, E-HOOKAH, OR VAPE PEN OR UNDER ANY OTHER PRODUCT
NAME OR DESCRIPTOR; AND
(c) DOES NOT INCLUDE:
(I) A HUMIDIFIER OR SIMILAR DEVICE THAT EMITS ONLY WATER
VAPOR; OR
(II) AN INHALER, NEBULIZER, OR VAPORIZER THAT IS APPROVED BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE DELIVERY OF
MEDICATION.
(7) "Entryway" means the outside of the front or main doorway
leading into a building or facility that is not exempted from this part 2 under
section 25-14-205. "Entryway" also includes the area of public or private
property within a specified radius outside of the doorway. The specified
radius shall MAY be determined by the local authority or PURSUANT TO
SECTION 25-14-207 (2)(a), BUT MUST BE AT LEAST TWENTY-FIVE FEET
UNLESS SECTION 25-14-207 (2)(a)(II)(B) OR (2)(a)(II)(C) APPLIES. If the
local authority has not acted, the specified radius shaii---lye—fifteen Is
PAGE 3-HOUSE BILL 19-1076
in public g y sc
121
TWENTY-FIVE feet.
(16) "Smoking" means tl,c bunlmg of a hghtcd, cigar, pipe,
or -any-eferer-rrratter-ot-gubstarree-that-eentairrs-tobateo-or-mattrarra
INHALING, EXHALING, BURNING, OR CARRYING ANY LIGHTED OR HEATED
CIGAR, CIGARETTE, OR PIPE OR ANY OTHER LIGHTED OR HEATED TOBACCO OR
PLANT PRODUCT INTENDED FOR INHALATION, INCLUDING MARIJUANA,
WHETHER NATURAL OR SYNTHETIC, IN ANY MANNER OR IN ANY FORM.
"SMOKING" ALSO INCLUDES THE USE OF AN ESD.
(18) "Tobacco business" means a sole proprietorship, corporation,
partnership, or other enterprise engaged primarily in the sale, manufacture,
or promotion of tobacco, tobacco products, or smoking devices or
accessories, INCLUDING ESDs, either at wholesale or retail, and in which the
sale, manufacture, or promotion of other products is merely incidental.
SECTION 3. In Colorado Revised Statutes, 25-14-204, amend (1)
introductory portion, (1)(k), (1)(u)(I), (1)(bb), (1)(cc), and (2); repeal
(1)(q); and add (1)(dd), (1)(ee), (1)(ff), and (3) as follows:
25-14-204. General smoking restrictions. (1) Except as provided
in section 25-14-205, arrci-in-order-to-reduee-the-feveis-of-exposttre-to
cnvironrncntal tobacco and marijuana sr o c, smoking shall Is not be
permitted and rro A person shall NOT smoke in any indoor area, including:
but not c o.
(k) (I) Any place of employment that is not exempted, WHETHER OR
NOT OPEN TO THE PUBLIC AND REGARDLESS OF THE NUMBER OF EMPLOYEES.
(II) In the case of employers who own facilities otherwise exempted
from this part 2, each such employer shall provide a smoke-free work area
for each employee requesting not to have to breathe cnvironmcntal tobacco
SECONDHAND smoke Evcry empferyce-shalfhaveirrightto-worin-an-area
frcc of cnvironmcntal tobacco smoke AND EMISSIONS FROM ELECTRONIC
SMOKING DEVICES.
(q) R-estroon-rsTiobi:riesTirailways-,-arrel-other common-areas-irrhotels
a17d inotcls, and in at least seventy-fivepercentof IC 1.pl11g tivartCm
Withirra-hotel-or motel-that-are-rented-terguestr
PAGE 4-HOUSE BILL 19-1076
122
(u) (I) The common areas of retirement facilities, publicly owned
housing facilities, and p p 'in X ),
nursing homes, but not including any resident's private residential quarters. . . ..in
or areasi living P scction 25-14-205 (1)(k)
(bb) Other educational and vocational institutions; and
(cc) The cntryways of all u g facilities paragrap
(a)to (Lb) of lis subsection (1). AIRPORTS;
(dd) HOTEL AND MOTEL ROOMS;
(ee) ASSISTED LIVING FACILITIES, INCLUDING NURSING FACILITIES AS
DEFINED IN SECTION 25.5-4-103 AND ASSISTED LIVING RESIDENCES AS
DEFINED IN SECTION 25-27-102; AND
(ff) THE ENTRYWAYS OF ALL BUILDINGS AND FACILITIES LISTED IN
SUBSECTIONS (1)(a) TO (1)(ee) OF THIS SECTION.
(2) A cigar-tobacco bar:
(a) Shall not expand its size or change its location from the size and
location in which it existed as of December 31, 2005, A cigar=tvbacco bar
AND
(b) Shall PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN YEARS
OF AGE AND SHALL display signage in at least one conspicuous place and at
least four inches by six inches in size stating: "Smoking allowed. Children
under eighteen years of age must-be-arcomparried-bra-parent-orgtrardian
MAY NOT ENTER."
(3) A RETAIL TOBACCO BUSINESS:
(a) SHALL PROHIBIT ENTRY BY ANY PERSON UNDER EIGHTEEN YEARS
OF AGE; AND
(b) SHALL DISPLAY SIGNAGE IN AT LEAST ONE CONSPICUOUS PLACE
AND AT LEAST FOUR INCHES BY SIX INCHES IN SIZE STATING EITHER:
(I) "SMOKING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE
PAGE 5-HOUSE BILL 19-1076
123
MAY NOT ENTER."; OR
(II) IN THE CASE OF A RETAIL TOBACCO BUSINESS THAT DESIRES TO
ALLOW THE USE OF ESDs BUT NOT OTHER FORMS OF SMOKING ON THE
PREMISES, "VAPING ALLOWED. CHILDREN UNDER EIGHTEEN YEARS OF AGE
MAY NOT ENTER."
SECTION 4. In Colorado Revised Statutes, 25-14-205, amend (1)
introductory portion, (1)(d), (1)(g), and (1)(i); and repeal (1)(c), (1)(f),
(1)(h), and (1)(k) as follows:
25-14-205. Exceptions to smoking restrictions. (1) This part 2
shaft DOES not apply to:
(c) A-hotel-or motel-roonr rented-to-one-or more-guests-if the-tot-al
rc~rt agc of such such hotel or 100 Cdots
perccnt;
(d) Any retail tobacco business; EXCEPT THAT THE REQUIREMENTS
IN SECTION 25-14-204 (3) AND ANY RELATED PENALTIES APPLY TO A RETAIL
TOBACCO BUSINESS;
(f) ATrairPort-smoking-coneession;
(g) The outdoor area of any business; OR
(h) *71-ace-of empforrrent-thatis-not-open-terthe-pubfir-and-that-is
underthe-contral-of-arr empirryLr that caw oys o Uy1.A.,b,
(i) A private, nonresidential building on a farm or ranch, as defined
in section 39-1-102, C.R.S., that has annual gross income of less than five
hundred thousand dollars. or
(k) (-1)--The-arearof assisted-fiving-facifities-:
) That arc dcsignatcd for smoking for resi
)That aic fully
C res1QCilts or melt guests.
PAGE 6-HOUSE BILL 19-1076
Win«,
124
As used in this paragraph (k), "asslstcd llving facility" m a s a
nursing facility, as that term is dcfincd in c ion . - -, . . ., and
arr assisteel-living-residenee7as-that terrrris-deffired-irrseetion-2-5-2-7-1-&27
SECTION 5. In Colorado Revised Statutes, 25-14-206, amend (1);
and repeal (2) as follows:
25-14-206. Optional prohibitions. (1) The owner or manager of
any place not spccifically listed in sec i i 25-14-204, including-a--placc
otherwise exempted under section 25-14-205 may post signs prohibiting
smoking. ur providing smoking and nonsmoking arcas. Such posting shall
have the effect of including such place or-the-d-esigrrated-nonsmoking
portion thereof, in the places where smoking is prohibited or restricted
pursuant to this part 2.
(2) If the owncr or managerplacc not specifcally
s-ection--2-5=f4=z'ff4rinettrding-a--plae-e-othenvise-exempted-mtder-seetion
-14-205,is an empkvyt.r alld ruec I ves a ILLjut.st fibril an Giiip+uyt..k, tv
create--a--smoke-free-work—arta--as-eontemplated-by-seetiorr 2-5--1-
,rc uwrrc.r or manager shallpost .g igrrs 1 r Thi i 1..
• work area as pro
SECTION 6. In Colorado Revised Statutes, 25-14-207, amend
(2)(a) as follows:
25-14-207. Other applicable regulations of smoking - local
counterpart regulations authorized. (2) (a) (I) A local authority may,
pursuant to article 16 of title 31, C.R.S., a municipal home rule charter, or
article 15 of title 30, C.R.S., enact, adopt, and enforce smoking regulations
that cover the same subject matter as the various provisions of this part 2;
No EXCEPT THAT, UNLESS OTHERWISE AUTHORIZED UNDER SUBSECTION
(2)(a)(II)(B) OR (2)(a)(II)(C) OF THIS SECTION, A local authority may NOT
adopt any A local regulation of smoking that is less stringent than the
provisions of this part 2. cxcept that
(II) (A) A local authority may IS SPECIFICALLY AUTHORIZED TO
specify a radius of less MORE than fiftccri TWENTY-FIVE feet for the area
included within an entryway.
(B) A LOCAL REGULATION THAT WAS ADOPTED BY A LOCAL
I
s
PAGE 7-HOUSE BILL 19-1076
125
AUTHORITY BEFORE JANUARY 1, 2019, AND THAT SPECIFIES A RADIUS OF
LESS THAN TWENTY-FIVE FEET FOR THE AREA INCLUDED WITHIN AN
ENTRYWAY REMAINS VALID AND MUST BE GIVEN EFFECT AFTER THE
EFFECTIVE DATE OF THIS SECTION, AS AMENDED.
(C) IF A PERSON OWNS OR LEASES BUSINESS PREMISES THAT WERE
UNDER CONSTRUCTION OR RENOVATION ON JULY 1, 2019, AND THAT
COMPLIED WITH A LOCAL REGULATION OF SMOKING THAT SPECIFIED A
RADIUS OF LESS THAN TWENTY-FIVE FEET FOR THE AREA INCLUDED WITHIN
AN ENTRYWAY, AND, AS OF JULY 1, 2019, HAS APPLIED FOR OR RECEIVED
FROM THE MUNICIPALITY, CITY AND COUNTY, OR COUNTY IN WHICH THE
PREMISES ARE LOCATED, A CERTIFICATE OF OCCUPANCY FOR THE STRUCTURE
TO BE USED FOR THE BUSINESS PREMISES, THE PERSON IS DEEMED IN
COMPLIANCE WITH ALL LOCAL REGULATIONS SPECIFYING THE RADIUS OF THE
AREA INCLUDED WITHIN AN ENTRYWAY.
SECTION 7. In Colorado Revised Statutes, 25-14-208, amend (3)
as follows:
25-14-208. Unlawful acts - penalty - disposition of fines and
surcharges. (3) EXCEPT AS OTHERWISE PROVIDED IN SECTION 25-14-208.5,
a person who violates this part 2 is guilty of a class 2 petty offense and,
upon conviction thereof, shall be punished by a fine not to exceed two
hundred dollars for a first violation within a calendar year, a fine not to
exceed three hundred dollars for a second violation within a calendar year,
and a fine not to exceed five hundred dollars for each additional violation
within a calendar year. Each day of a continuing violation shall be deemed
a separate violation.
SECTION 8. In Colorado Revised Statutes, add 25-14-208.5 as
follows:
25-14-208.5. Signage violations - limitation on fines. (1) FOR A
VIOLATION OF SECTION 25-14-204 (2) OR (3), THE PENALTY SHALL BE AS
FOLLOWS:
(a) A WRITTEN WARNING FOR A FIRST VIOLATION COMMITTED WITHIN
A TWENTY-FOUR-MONTH PERIOD; AND
(b) FINES AS SPECIFIED IN SECTION 25-14-208 (3) FORA SECOND OR
PAGE 8-HOUSE BILL 19-1076
126
SUBSEQUENT VIOLATION WITHIN A TWENTY-FOUR-MONTH PERIOD.
(2) NOTWITHSTANDING SUBSECTION (1) OF THIS SECTION, NO FINE
FOR A VIOLATION OF SECTION 25-14-204 (2) OR (3) SHALL BE IMPOSED UPON
A PERSON THAT CAN ESTABLISH AS AN AFFIRMATIVE DEFENSE THAT, PRIOR
TO THE DATE OF THE VIOLATION, IT:
(a) HAD ADOPTED AND ENFORCED A WRITTEN POLICY AGAINST
ALLOWING PERSONS UNDER EIGHTEEN YEARS OF AGE TO ENTER THE
PREMISES;
(b) HAD INFORMED ITS EMPLOYEES OF THE APPLICABLE LAWS
REGARDING THE PROHIBITION OF PERSONS UNDER EIGHTEEN YEARS OF AGE
TO ENTER OR REMAIN IN AREAS WHERE SMOKING IS PERMITTED;
(c) REQUIRED EMPLOYEES TO VERIFY THE AGE OF PERSONS ON THE
PREMISES BY WAY OF PHOTOGRAPHIC IDENTIFICATION; AND
(d) HAD ESTABLISHED AND IMPOSED DISCIPLINARY SANCTIONS FOR
NONCOMPLIANCE.
(3) THE AFFIRMATIVE DEFENSE ESTABLISHED IN SUBSECTION (2) OF
THIS SECTION MAY BE USED ONLY TWICE AT EACH LOCATION WITHIN ANY
TWENTY-FOUR-MONTH PERIOD.
SECTION 9. In Colorado Revised Statutes, 30-15-401, amend
(1.5) as follows:
30-15-401. General regulations - definitions. (1.5) In addition to
any other powers, the board of county commissioners has the power to
adopt a resolution or an ordinance:
(a) Prohibiting minors from possessing cigarettes or tobacco
products, as defined by section 39-28.5-101 (5), C.R.S. AND
(b) LIMITING SMOKING, AS DEFINED IN SECTION 25-14-203 (16), IN
ANY MANNER THAT IS NO LESS RESTRICTIVE THAN THE LIMITATIONS SET
FORTH IN THE "COLORADO CLEAN INDOOR AIR ACT", PART 2 OF ARTICLE 14
OF TITLE 25.
PAGE 9-HOUSE BILL 19-1076
127
ko
Leroy "'cia
PRESIDENT OF
THE SENATE
KC Becker
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Marilyn Eddyhs
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
6.7444:0( -rkfittibtte.
Cindi L. Markwell
SECRETARY OF
THE SENATE
SECTION 10. Effective date. (1) Except as provided in subsection
(2) of this section, this act takes effect July 1, 2019.
(2) Section 25-14-204 (2) and (3), as amended and enacted,
respectively, in section 3 of this act, take effect October 1, 2019.
SECTION 11. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
APPROVED /14,/4-1 (2: Z5-cpeii
I (Date and Time)
Jared S.is
GOV.' R OF HE STATE OF COLORADO
PAGE 10-HOUSE BILL 19-1076
128
RESOLUTION #086
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF
SUPPORT EXPRESSING ITS COMMITMENT TO CONTRIBUTE FUNDS FOR
THE PURCHASE OF MOBILE HOME PARKS THAT PROVIDE
AFFORDABLE HOUSING FOR ASPEN’S WORKFORCE
WHEREAS, Aspen has the second highest 2025 median home price in the
nation, at $6.25 million and has a median per square foot sales price of $3,170; and
WHEREAS, despite APCHA being the largest per capita afforda ble housing
program in the nation, there is still not sufficient affordable housing in the Aspen -
Pitkin County area to meet the affordable housing needs of our community and
workforce; and
WHEREAS, the City of Aspen has prioritized affordable housing for many
decades; and
WHEREAS, the Aspen-Basalt Mobile Home Park and the Mountain Valley
Mobile Home Park are home to many people who work within the Aspen
community; and
WHEREAS, the City of Aspen values its regional partners and has actively
participated in efforts outside of municipal boundaries that ultimately support the
Aspen community and the greater Roaring Fork Valley; and
WHEREAS, the Aspen-Basalt Mobile Home Park and the Mountain Valley
Mobile Home Park (“mobile home parks”) are currently offered for sale and at risk
of being purchased as investor-owned manufactured home communities; and
WHEREAS, the City of Aspen has been asked to contribute funds to support
the purchase of these mobile home parks as resident-owned communities; and
WHEREAS, the purchase of these mobile home parks by the residents will
preserve these units as affordable work force housing for many people who work in
Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
129
That the City Council of the City of Aspen hereby authorizes the City
Manager to sign a letter of support, attached hereto as Exhibit A, expressing City
Council’s commitment to contribute funds to support the purchase of the Aspen
Basalt Mobile Home Park and the Mountain Valley Mobile Home Park properties
as resident-owned communities, and to negotiate the terms of said contribution,
including a deed restriction to preserve the property as affordable work force
housing.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council
of the City of Aspen on the 10th day of June, 2025.
Rachael Richards, 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, June 10, 2025.
Nicole Henning, City Clerk
130
MEMORANDUM
TO: City Council
FROM: Diane Foster, Deputy City Manager
THROUGH: Pete Strecker, Interim City Manager
MEMO DATE: May 29, 2025
MEETING DATE: June 10, 2025
RE: Mobile Home Park Preservation Deed Restriction Purchase
_____________________________________________________________________
REQUEST OF COUNCIL:
Staff requests City Council review the proposed resolution and to consider if it would
desire to financially participate in the purchase and subsequent deed restriction of
property underneath the Aspen Basalt and Mountain Valley mobile home parks, with the
intention of each of these properties becoming a Resident Owned Community (ROC).
SUMMARY AND BACKGROUND:
In March, the residents of the 64 lot Aspen Basalt Mobile Home Park (MHP), located near
Willits in unincorporated Eagle County, and the 75 lot Mountain Valley Mobile Home Park,
located just outside Carbondale in unincorporated Garfield County near the intersection
of highway 133 and 82, received notice of the owner’s intent to sell the properties for $42
million.
Further background can be found in in Appendix A & B and in this March 25, 2025
Aspen Daily News article: https://www.aspendailynews.com/news/two-valley-mobile-
home-parks-to-be-listed-for-sale/article_396c325f-c6db-4859-83ac-22cc4f20b8a8.html
In early April, Brian L. Fitterer’s Investment Property Group provided notice to the
residents that they had received an offer to purchase the parks for $42 million: $15.5
million for Mountain Valley MHP and $26.5 million for Aspen-Basalt MHP. According to
state law, that notice started a 120-day clock for the residents to submit an offer.
The residents of both parks have voted to become a ROC and are working with both the
non-profit Thistle Community Housing and West Mountain Regional Housing Coalition
to purchase the park. Thistle, a nonprofit focused on affordable housing, became a
ROC Certified Technical Assistance Provider in 2017 and has helped preserve , to date,
131
eleven mobile home parks in Colorado. Thistle has been the leader in building a funding
model and working with partners on a resident purchase of these parks.
The vast majority of the residents in the Aspen Basalt MHP, and likely more than half of
the residents of Mountain Valley MHP, work within Aspen.
DISCUSSION:
Thistle has developed a model where if they can secure $20 million in funds that are not
loans, the individual lots could be purchased by each lot lessor, as these funds would limit
the monthly increase in rents to a manageable level. For instance, with a $20 million
subsidy, the lot rents at Aspen Basalt MHP would go from an average of $1,322 to $1,500
per month. The lot rents at Mountain Valley MHP would go from an average of $1,125 to
$1,300 per month.
West Mountain Regional Housing Coalition’s Program Director, April Long, has been
working with the area’s local governments, nonprofits and private sector companies to
seek funding to get to the $20 million. Thus far the Town of Basalt’s Council has
committed $250k and at their April 22, 2025 public work session and the Town of
Carbondale’s Board of Trustees discussed their interest in financially contributing, but did
not settle on a number. Just disclosed last week, Atlantic Aviation has made a $1 million
pledge to this effort.
Because of the tight timeline, Thistle has asked all potential financial participants to send
a letter to Thistle no later than June 13 so that Thistle can understand if they can present
an offer to the seller on behalf of the MHP homeowners. Staff expects other local
governments, nonprofits and private sector companies to discuss participation in this
purchase over the next two weeks.
Local government participation is expected to be in the form of a deed restriction
purchased on the land that would require it to remain as a mobile home park .
FINANCIAL IMPACTS:
The City of Aspen is the area’s leader in affordable housing development and, even
though it is the only local government in the area with an affordable housing Real Estate
Transfer Tax (RETT), those dollars are already overallocated. Here is a short list, in no
particular order, of current affordable housing projects underway and/or current requests
for funding:
1. Lumberyard
2. Habitat Modular Home Factory
3. Habitat L3 88-unit apartment to condo conversion
4. Moving Assistance and Incentivized Rightsizing (June 16 work session)
5. West Mountain Regional Housing Coalition Good Deeds Program
132
6. APCHA Essential Repairs Program
7. Possible affordable housing on the Forest Service Property
8. Other Affordable Housing Tactics discussed in the city’s Affordable Housing
Strategic Plan: Deed Restriction Purchase Program, etc.
https://aspen.gov/DocumentCenter/View/14164/Strategic-Housing-Plan---COA-
2024?bidId=
While any financial participation in helping to turn these two properties into Resident
Owned Communities limits monies that can be spent on the aforementioned projects,
viewed objectively, this project has one of the greatest returns on investment in terms of
affordable housing: A $20 million subsidy is equivalent to $144,000 per unit across the
two sites.
It is important to note, however, that neither the land nor the units are deed restricted,
however they are considered free affordable housing, where the unit type and the lot rents
are the factors keeping these homes below the market average of other free market
homes.
ENVIRONMENTAL IMPACTS:
Viewed through an environmental lens, preserving existing affordable housing has less
of an environmental impact than building new units.
ALTERNATIVES:
As described in the Financial Impacts section of this memo, there are many other pressing
needs where Aspen’s affordable housing dollars could be spent.
Additionally, staff have participated in meetings with other local governments, Thistle and
the West Mountain Regional Housing Coalition where alternatives to the full $20 million
have been discussed. As stated earlier, while the goal of $20 million would still result in a
rent increase for homeowners, most can tolerate this rent increase. At less than $20
million, it is not clear how many homeowners could manage the additional rent increase.
This is described in the subsidy analysis shown in Appendix A.
RECOMMENDATIONS:
Staff recommends City Council consider if they would like to financially participate in the
purchase and subsequent deed restriction of property underneath the Aspen Basalt and
Mountain Valley mobile home parks with the intention of each of these properties
becoming a Resident Owned Community (ROC).
133
If Council would like to financially participate in this purchase, staff asks that Council
establish a dollar figure that may be add that to the proposed resolution and letter of
support included in the City Council packet.
CITY MANAGER COMMENTS:
134
June 10, 2025
Mr. Tim Townsend
Program Director
Thistle ROC
6000 Spine Rd #101
Boulder, CO 80301
atttownsendROC@thistle.us
Via e-mail
RE: Letter of Intent to Support Resident Purchase of Aspen Basalt and Mountain Valley Mobile
Home Parks
Dear Mr. Townsend:
With a keen understanding that the fabric of this community reflects the diversity of not only our
residents and visitors but also our workforce members, Aspen has routinely demonstrated an
intense commitment in tackling the affordable housing crisis. Be it though past public private
partnerships to develop 44 units across three different affordable housing sites, delivery of the
three-phased affordable development of 258 units at Burlingame Ranch, or its most recent
endeavor to construct roughly 277 affordable units at the Lumberyard site, the City has
assumed a leadership role in this space and remains eager to advance diverse solutions that
can further address the housing challenges faced by our local and regional workforce
community.
As the City of Aspen has been made aware of Thistle ROC’s ongoing efforts to support the
residents of the Aspen Basalt and Mountain Valley Mobile Home Parks (Parks) in the purchase
of those Parks, pursuant to Colorado’s Mobile Home Park Act, the City would like to express
interest in exploring options to assist Thistle ROC and park residents in this endeavor.
At this point in time, the City would like to express its desire and ability to assist Thistle ROC in
its efforts by making a financial contribution up to __________ ($__________) towards the
purchase of the Parks by the residents, contingent upon:
(1) commitments from other community agencies, organizations, or individuals to support your
efforts to purchase the Parks; and
(2) appropriation by the Aspen City Council of funds for this purpose; and
(3) any funds provided by the City of Aspen being subject to an agreement containing terms and
conditions approved by City Council, including but not limited to obligations to enter deed
restrictions that adequately protect the properties and the investment by the City of Aspen for
affordable housing purposes.
Please be advised that this letter does not constitute a formal offer, does not obligate any funds,
and/or does not contemplate any intent or desire for acceptance on your part. Rather, it is to
135
427 Rio Grande Place Aspen, CO 81611-1975 | Phone: 970-920-5000 | aspen.gov
serve as an initial indication of the City of Aspen’s willingness to contemplate and evaluate
proposals regarding how it may apply eligible financial resources to preserving affordable
housing in the region consistent with its policies and goals.
Aspen values the role of mobile home parks in our housing affordability landscape and
appreciates the opportunity to support resident ownership of these unique and valuable
communities. My staff looks forward to discussing the details of this opportunity further.
We wish you success in your efforts.
Sincerely,
Pete Strecker
Interim City Manager
City of Aspen, Colorado
136
1
Subsidy Needed for Thistle ROC model success
Summary
Aspen Basalt and Mountain Valley are mobile home communities providing 139 homes to
hundreds of residents, including children, seniors, those with disabilities, and veterans. The
se parks are home to the local workforce—educators, childcare providers, service
workers, tradespeople—who keep the Roaring Fork Valley running.
These homes are naturally occurring aIordable housing (NOAH) and are under imminent
threat of private market acquisition and displacement. A $20 million subsidy will enable a
resident-led purchase and transition to permanent aIordability, preserving this housing a
t a fraction of the cost of new construction.
Why This Matters
•Cost E’iciency: At ~$144,000/unit in subsidy, this preservation strategy is drama
tically more cost-eIective than new builds, which cost $600,000–$1.5 million/unit.
•Health & Stability: Research shows stable housing improves children’s mental
health, school performance, and adult health outcomes.
•Regional Equity: Many of the jurisdictions within the region have invested heavily in
the development of affordable housing for decades. But many of the people who power
the jurisdictions' economies still live outside of those boundaries (in unincorporated
portions of the the county) and outside of those opportunities. The boundaries on a map
should not determine the scope of investment in housing solutions. These mobile home
parks are directly tied to the region's labor market and economic resilience. Preserving
them is essential to the continued functioning of the broader Roaring Fork Valley.
137
2
Project Snapshot
Park Name Units Acquisition Cost Cost per Unit Subsidy per Unit
Aspen Basalt 75 $29.59M $411,000
Mountain Valley 64 $16.98M $253,400
Total 139 $46.57M $335,000 $144,000
The Approach
We will use the proven Resident-Owned Community (ROC) model:
•Residents form a cooperative and purchase the parks
•Each household owns a share and participates in governance
•Public/philanthropic subsidy covers a portion; residents finance the rest—building
equity and leveraging public dollars
•Thistle Community Housing provides technical assistance; it has supported 300+
communities in 21 states
This approach ensures stability, builds community control, and avoids the delay and cost
of new construction.
Next Steps
•Resident engagement and cooperative readiness are underway
•Local government and philanthropic partnerships are in progress
•Target close: Q3 2025, contingent on subsidy commitments
Call to Action
This is an urgent opportunity to preserve irreplaceable housing, stabilize rent, and secure
a foundation for health, equity, and economic resilience across the Roaring Fork Valley.
138
Subsidy Impact Mapping
NOTE: These are active projects that continue to evolve as we gather new information and engage with key
stakeholders, including residents, property owners, and partners. Ongoing refinement is a natural and
necessary part of the process. For instance, the recent increase in capital expenditures at Aspen appears to be
driven by resident feedback related to day-to-day infrastructure concerns, and we’ve responded with a
conservative budgeting approach.
We anticipate that some figures may change—ideally for the better—as more data becomes available. Our
conservative estimates are intended to provide a buffer, ensuring that any future adjustments trend in a
positive direction.
139
Page 1 of 2
Change Order Form
General Information
Vendor Design Workshop, Inc.
Change Order Number 1
Date of Issuance 05/30/2025
Project Name Change Order 1 Design and Planning for Conner Park
Project Number 2025-137.01
Project Completion Date 12-31-2025
Project Manager Mike Tunte
COA Account Code 100.572.81200.57210.51859
Project Information
Description Of Service Design and Planning for Conner Park
Description Of ChangeOrder Phase 2 for design and engineering services for the Conner Parkproject in support of the Armory redevelopment
Contract Information
Original Contract Amount $96,000.00
Previous Change Order(s)$0.00
Change Order Amount(If Over $100k ChangeOrder To Be Presented ToCouncil For Approval)
$170,050.00
Final Contract Amount(Including All ChangeOrders)
$266,050.00
Revised Completion Date 12/31/2025
Docusign Envelope ID: 76695D85-6BD1-48F0-B8AC-B35447CADFD8
60140
Page 2 of 2
Signature
1. Contractor (Required)
2. Project Manager(Required)
3. Department Head(Required)
4. Procurement Officer(Required)
5. City Attorney (RequiredBased On Value OfThresholds)
6. City Manager (RequiredBased On Value OfThresholds)
Docusign Envelope ID: 76695D85-6BD1-48F0-B8AC-B35447CADFD8
6/4/2025 | 11:49:49 AM MDT
6/4/2025 | 10:22:13 AM MDT
6/4/2025 | 11:20:43 AM PDT
6/4/2025 | 2:46:47 PM MDT
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As-Needed Telemetry, Software, and Electric Services
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2025-174
AGREEMENT made as of June 16, 2025.
BETWEEN the City:
Contract Amount:
The City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Timber Line Electric & Control Corporation
17591 Hwy. 8, Box 793
Morrison, CO 80465
US
303-697-0440
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
$100,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date:
Resolution No.:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: shall not exceed
$150,000.00 per year
Docusign Envelope ID: CFDFD9C0-074C-4134-936E-0830D58F5233Docusign Envelope ID: 1FF30E5D-AAA9-4BAB-A1D5-085E10242B52
2025-078
6/10/2025
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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.
period of three ( 3) years, June 16, 2028, with two ( 2) one- year options to renew if both parties
are agreeable. 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
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
Docusign Envelope ID: CFDFD9C0-074C-4134-936E-0830D58F5233Docusign Envelope ID: 1FF30E5D-AAA9-4BAB-A1D5-085E10242B52
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Agreement Professional Services Page 2
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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
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i)Worker's 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
Worker's 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 THREE
MILLION DOLLARS ($3,000,000.00) 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 include coverage
for explosion, collapse, and underground hazards. 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 TWO MILLION DOLLARS
($2,000,000.00) 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 TWO MILLION DOLLARS ($2,000,000)
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
certificate shall identify this contract and shall provide that the coverages afforded under the
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policies 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
Property/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.
Any business that enters into a contract for goods or services with the City of Aspen or any of its
boards, agencies, or departments shall:
(a)Implement an employment nondiscrimination policy prohibiting discrimination in
hiring, discharging, promoting or demoting, matters of compensation, or any other
employment-related decision or benefit on account of actual or perceived race,
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color, religion, national origin, gender, physical or mental disability, age, military
status, sexual orientation, gender identity, gender expression, or marital or
familial status.
(b)Not discriminate in the performance of the contract on account of actual or
perceived race, color, religion, national origin, gender, physical or mental
disability, age, military status, sexual orientation, gender identity, gender
expression, or marital or familial status.
(c)Incorporate the foregoing provisions in all subcontracts hereunder.
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
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 City Manager of the City of Aspen (or a duly authorized official in the City
Manager’s absence) and if above $100,000, following a Motion or Resolution of the Council of the
City of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’s
absence) to execute the same.
16. 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.
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(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.
17. 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.
18. General Terms.
(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.
19.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.
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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
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
24.Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
25.Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
26.The Professional in performing the Services hereunder must comply with all applicable
provisions of Colorado laws for persons with disability, including the provisions of §§24-85-101,
et seq., C.R.S., and the Rules Establishing Technology Accessibility Standards, as established by
the Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR
1501-11. Services rendered hereunder that use information and communication technology, as the
term is defined in Colorado law, including but not limited to websites, applications, software,
videos, and electronic documents must also comply with the latest version of Level AA of the Web
Content Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the information
and communication technology used, created, developed, or procured in connection with the
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Services hereunder meets these standards, Professional may be required to demonstrate
compliance. The Professional shall indemnify the CITY pursuant to the Indemnification section
above in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or the
Technology Accessibility Standards for Individuals with a Disability as established by the Office
of Information Technology pursuant to Section §24-85-103(2.5).
27.Authorized Representative. The undersigned representative of Professional, as an inducement
to the City to execute this Agreement, represents that he/she is an authorized representative
of Professional for the purposes of executing this Agreement and that he/she has full and
complete authority to enter into this Agreement for the terms and conditions specified herein.
Additional Provisions. In addition to those provisions set forth herein and in the Contract
Documents, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A and B below.
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO:PROFESSIONAL:
____________________________________________________________
[Signature][Signature]
By: __________________________By: ____________________________
Title: _________________________Title: ___________________________
Date: _________________________Date: ___________________________
Approved as to form:
_______________________________
City Attorney’s Office
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Corporate Secretary
Kim Evezich
5/22/2025 | 10:54:49 AM PDT
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EXHIBIT A: SCOPE OF WORK
Shall be properly license in accordance with applicable local, state and federal
regulations and should demonstrate their ability to:
o Perform all tasks in accordance with generally accepted
professional standards.
o Provide to the City the best possible advice and consultation within
Consultant’s authority and capacity as a Colorado Licensed
Electrical Contractor, experienced SCADA, Electromechanical and
software integrator.
o Comply with the regulations, laws, ordinances and requirements of
all governmental agencies and authorities that have jurisdiction
over design criteria and environmental impact applicable to
individual projects.
o Keep all access credentials, licensing information, schematics, and
other systems data that is in Consultant’s possession, whether
digital or hard copy, properly secured per information security best
practices.
o Assign work to be performed to qualified personnel in sufficient
numbers to meet negotiated performance schedules.
All inspection, planning, and design services shall meet all City of Aspen
Information Technology (IT) requirements, applicable Cybersecurity
protections, Water Distribution Standards, AWWA Standards, FCC
Standards, and other applicable local, state, or federal regulations.
Must have or obtain a current City of Aspen business license.
Must have or obtain insurance at the specified levels in the Professional
Services Agreement
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EXHIBIT B: FEE SCHEDULE
The City does not guarantee a minimum dollar value per work, per year or throughout the
contract period. The maximum dollar value per year shall be $150,000. Contract rates will be
valid for all City departments.
Invoices must contain the following information in order to be processed in a timely manner.
No lump sum totals. Invoices include the number of hours and the hourly rates.
Invoices are paid NET 30.
Invoices must be sent to the person who ordered the service. It is the contractor’ s
responsibility to get the name of person ordering the service along with telephone number
and email address. Failure to send the invoice to the person ordering the service may
result in a significant delay in processing and paying the invoice.
Maximum reimbursable mark-up 10%
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