HomeMy WebLinkAboutagenda.council.regular.20250624AGENDA
CITY COUNCIL REGULAR
MEETING
June 24, 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.
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V.Special Orders of the Day
VI.Consent Calendar
VIA.Resolution #088, Series of 2025 - Vertex Change Order #1 For The Lumberyard
Affordable Housing Project
VIB.
Resolution #089, Series of 2025 - Memorandum of Understanding to Support the
Creation of a Regional Housing Needs Assessment
VIC.Resolution #090, Series of 2025 - July 4th Funding Request
VID.Resolution #092, Series of 2025 - 2025 Maroon Creek Pipeline Joint Repairs
VIE.Resolution #096, Series of 2025 - Addendum to Tourism Promotion Fund Agreement
VII.Notice of Call-Up
VIII.First Reading of Ordinances
IX.Public Hearings
IXA.Resolution #077, Series of 2025 - Policy Resolution, Amendments to the Land Use
Code related to Short-term Rental Regulations and Definitions
Please limit your comments to 3 minutes)
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)
Vertex Change Order 1 Lumberyard Affordable Housing Project - Council
Memo.docx
Resolution.council.088.25.docx
Exhibit A Vertex Change Order 1.pdf
Exhibit B Original Contract with The Vertex Companies, LLC.pdf
089-2025_HNA_MOU_Staff_Memo.pdf
089-2025_HNA_MOU_Resolution (1).pdf
Exhibit A - Aspen, Pitkin, and TOSV - HNA MOU.pdf
July_4_Funding_Request_June_2025_final.docx
Reso_090_June_2025.docx
Council Memo_2025 MC Pipeline Joint Repair_FINAL.docx
Attachment_B_-_Reso__092_of_2025_for_MC_Pipeline_Joint_Repair.doc
Attachment A - Elite Joint Seal Repair Contract.pdf
Memo_-_ACRA_Contract_Addendum.docx
Resolution____Addendum_to_ACRA_Tourism_Promotion_Agreement.doc
Attachment A - Addendum to Agreement.pdf
Attachment B - Resolution 046-2023.pdf
Staff Memo_Policy Resolution #077 Series of 2025.pdf
Policy Resolution #077 Series of 2025.pdf
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X.Action Items
XA.Resolution #085, Series of 2025 - Ratifying the APCHA 2025 Strategic Plan
XI.Executive Session
XII.Adjournment
Exhibit A_Staff Memo_Review of the STR Program_2.24.25.pdf
Council_MEMO_APCHA_2025_StrategicPlan_Ratification.docx
Resolution_085_Ratifying_APCHA_Strategic_Plan.docx
APCHA Strategic Plan 2025.pdf
Pursuant to C.R.S. Section 24-6-402(4)(a) The purchase, acquisition, lease, transfer,
or sale of any real, personal, or other property interest; (4)(b) Conferences with an
attorney for the local public body for purposes of receiving legal advice on specific
legal questions; (4)(e), Determining positions relative to matters that may be
subject to negotiations; developing strategy for negotiations, and instructing
negotiators.
The specific items of discussion involve the following:
1. Lease for property located at 455 Rio Grande Place, Aspen, Colorado
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MEMORANDUM
TO: Mayor Richards and City Council
FROM: Ben Levenson, Senior Project Manager, Asset Management
THROUGH: Robert Schober, Director, Asset Management
MEMO DATE: June 12th, 2025
MEETING DATE: June 24th, 2025
RE: Vertex Change Order 1 – Lumberyard Affordable Housing Project,
Resolution #88 (Series of 2025)
REQUEST OF COUNCIL:
Staff is requesting City Council approve a resolution to authorize Change Order #1 with
The Vertex Companies, LLC (Vertex) for additional environmental oversight and senior
consulting services required during the remediation of lead-contaminated soils at the
Lumberyard Affordable Housing site. Specifically, staff requests approval of:
Resolution #88 (Series of 2025), a change order for Vertex.
SUMMARY AND BACKGROUND:
Between 2021 and 2024 the City contracted with numerous environmental consultants to
conduct 2 phases of environmental site assessments. Throughout both phases of
environmental site assessments, a total of 52 soil samples were taken throughout the
site. Additional test pits were dug, and additional soil samples were taken in areas of
concern to delineate the areas of contamination.
Based on samples taken, Vertex prepared a report which estimated 422 cubic yards of
soil with elevated levels of polycyclic aromatic hydrocarbons(PAH) and 1,673 cubic yards
of soil with elevated levels of lead (mine tailings)
On February 6, 2025, the City executed a contract (See Exhibit “B”) with The Vertex
Companies, LLC for $99,140 to provide environmental consulting services at the
Lumberyard Affordable Housing site. That original scope included managing the site’s
enrollment in Colorado’s Voluntary Cleanup Program (VCUP), facilitating regulatory
closure, and applying for the Colorado Brownfield Tax Credit. Vertex’s responsib ilities
encompassed preparing and submitting the VCUP application, developing a materials
management plan and health and safety plan, coordinating with the Colorado Department
of Public Health and Environment (CDPHE), overseeing excavation , providing on site
direction to the contractor, Gould Construction, and overseeing and coordinating disposal
of contaminated soils, and preparing the final No Action Determination (NAD) report. Their
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role also included real-time testing and sampling during excavation to identify and confirm
the removal of lead- and PAH-impacted soils.
Vertex was originally selected through RFP 2024-25 which solicited an environmental
consultant, under Anser Advisory. They were the only firm to respond specifically to the
soils testing and environmental remediation scope. At the time, they were working under
Anser Advisory, the City’s asbestos abatement consultant. The decision to engage Vertex
was based on their technical qualifications, direct experience with the site, established
working relationship with CDPHE, and their ongoing management of site -specific data
and regulatory coordination. On February 6th, 2025, The City contracted directly with
Vertex. By contracting directly with Vertex for soil remediation scope, the City removed
Anser Advisory’s markup from the billing structure.
Remediation work began on-site in April 2025. In early May, additional areas of
contaminated mine tailings were discovered —first in the northern portion of the site
adjacent to Woodward Lane expanding further than to the north, west, and east than
anticipated and later in the southeastern corner upon removal of asphalt. These newly
discovered areas fall outside the limits of the original VCUP scope and require additional
oversight, sampling, and regulatory coordination. Change Order #1 covers this expanded
scope and ensures continued compliance with CDPHE requirements.
DISCUSSION:
Vertex serves as the City’s environmental consultant and are an essential partner in
meeting the regulatory requirements for site remediation. Vertex submitted the original
VCUP (Voluntary Cleanup Plan) application to the Colorado Department of Public Health
and Environment (CDPHE), and they continue to act as the City’s liaison with the state
throughout this process.
Vertex is responsible for managing the Materials Management Plan (MMP), which
dictates how contaminated soils are identified, handled, and disposed of to meet CDPHE
standards. They are also directing the contractor on site day-to-day, providing real-time
guidance on how to excavate, where to dig, and what protocols must be followed when
contamination is encountered.
This change order covers expanded scope for remedial oversight following the discovery
of mine tailings containing elevated lead levels outside the previously defined excavation
limits. The additional scope addresses two new excavation areas and provides project
management support to ensure the site remains on track for redevelopment.
Vertex change order 1 consists of 3 parts:
1 – Woodward Lane (northwest corner of site):
Vertex identified lead-impacted soils beyond the original northern excavation zone. This
phase includes up to full-time monitoring of an estimated 10-day excavation period,
sampling of soils for waste characterization, and use of XRF/PID testing instruments.
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2 – Equipment Yard (southeast corner of site):
New contamination was discovered during asphalt removal in the southeast portion of the
site. This phase includes up to full-time monitoring of an estimated 10-day excavation
period, sampling of soils for waste characterization, and use of XRF/PID testing
instruments.
3 – Senior Consulting and Project Management:
Vertex will provide on-call environmental consulting and project management services
including coordination with regulatory bodies, civil engineer collaboration on cut/fill plans,
development of reuse strategies, and general technical support.
FINANCIAL IMPACTS:
The requested change order amount of $80,000 fits within 2025 funds budgeted for the
project
Vertex original contract amount: $99,140.00
Vertex change order #1 amount: $80,000.00
New contract amount: $179,140.00
Project expenditures for contaminated soil remediation, including Vertex, Gould, and
CDPHE are projected to total approximately $1,098,708.00.
The project is eligible for the Colorado Brownfields Tax Credit, which Vertex will has
applied for as part of their original scope of work. The current estimated tax credit the
project is eligible for is $404,612.40.
ENVIRONMENTAL IMPACTS:
This work directly addresses contaminated soil on -site and ensures environmental
compliance for redevelopment. Timely remediation supports public he alth and
environmental stewardship goals.
ALTERNATIVES:
Council may choose not to approve change order 1. If remediation oversight is not
expanded, the site may not meet state environmental standards, potentially delaying
redevelopment, increasing long-term costs due to non-compliance, and failure to obtain
the no action determination letter may restrict certain financing options for the future
developer.
RECOMMENDATIONS:
Staff recommends council to approve Resolution #88, Series of 20 25 - Vertex Change
Order 1
CITY MANAGER COMMENTS :
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ATTACHMENTS:
1. Exhibit A – Vertex Change Order 1
2. Exhibit B – Original Contract with The Vertex Companies, LLC
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RESOLUTION # 088
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CHANGE ORDER BETWEEN THE CITY OF
ASPEN AND The Vertex Companies, LLC AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a change order for
Environmental Consulting for The Lumberyard Affordable Housing Project ,
between the City of Aspen and The Vertex Companies, LLC, 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 change
order for $80,000.00, between the City of Aspen and The Vertex Companies,
LLC 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 24th 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 24th, 2025.
Nicole Henning, City Clerk
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Change Order Form
General Information
Vendor The Vertex Companies, LLC
Change Order Number 1
Date of Issuance 05-29-2025
Project Name Change Order 1 Lumberyard Affordable Housing Development -Phase 0 with Vertex
Project Number 2025-048.01
Project Completion Date 08-01-2025
Project Manager Ben Levenson
COA Account Code 150.441.81200.57310.51641
Project Information
Description Of Service This change order provides for additional environmentaloversight and consulting services at the Aspen Lumberyard siteto address newly discovered lead-contaminated soils outside theoriginal scope of work. It includes remediation monitoring nearWoodward Lane and the equipment yard, as well as expandedproject management support related to the additional scope.
Description Of ChangeOrder Part 1 – Woodward Lane Oversight (estimated max of $22,000T&M):Vertex identified lead-contaminated mine tailings beyond theoriginal excavation boundaries near Woodward Lane. This phaseinvolves up to full-time oversight of soil excavation and disposalactivities in this northern area, estimated to occur over a 10-dayperiod. It includes soil sampling for waste characterization, useof XRF and PID instruments, and routine field expenses.
Part 2 – Equipment Yard Oversight (estimated max of $22,000T&M):During asphalt removal in the southeast corner of the site,additional lead-contaminated tailings were uncovered. Vertexwill provide similar oversight services as in Phase 1—monitoringexcavation, supporting waste classification, and ensuringenvironmental compliance—also based on a 10-day schedulewith associated sampling and equipment costs.
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
9138
Page 2 of 5
Part 3 – Senior Consulting and Project Management (estimatedmax of$36,000 T&M):This phase covers on-call senior environmental consulting andproject management to support regulatory review, site planning,and coordination tasks. It includes strategy development,technical documentation, and coordination with the civilengineer on cut/fill plans. Equipment rentals and all field-relatedexpenses are also included in this phase.
Contract Information
Original Contract Amount $99,140.00
Previous Change Order(s)$0.00
Change Order Amount(If Over $100k ChangeOrder To Be Presented ToCouncil For Approval)
$80,000.00
Final Contract Amount(Including All ChangeOrders)
$179,140.00
Revised Completion Date 08-01-2025
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: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
6/11/2025 | 5:17:42 PM EDT
6/12/2025 | 8:40:29 AM MDT
6/12/2025 | 9:07:48 AM MDT
6/12/2025 | 3:42:24 PM MDT
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Page 3 of 5
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
11140
Page 4 of 5
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
12141
Page 5 of 5
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
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MEMORANDUM
TO: Mayor Richards and Aspen City Council
FROM: Liz Axberg, Housing Policy Analyst
THROUGH: Diane Foster, Assistant City Manger
MEMO DATE: June 16, 2025
MEETING DATE: June 24, 2025
RE: Resolution #089, Series of 2025
Approval of Memorandum of Understanding between Pitkin County,
Town of Snowmass Village, and City of Aspen in Support of a
Regional Housing Needs Assessment
REQUEST OF COUNCIL: Resolution #089, Series of 2025 approves the Memorandum
of Understanding (MOU) between City of Aspen, Pitkin County and Town of Snowmass
Village in support of a Regional Housing Needs Assessment.
INTENDED OUTCOME: Should City Council approve this MOU, it allows staff to continue
work on the Regional Housing Needs Assessment (Regional HNA). Completion of
Regional HNA is required before the City of Aspen can apply for grant funding from the
Colorado Department of Local Affairs to support the Lumberyard and other affordable
housing initiatives.
Additionally, having updated data allows for better overall decision making around
affordable housing.
SUMMARY AND BACKGROUND: On February 10th, 2025, City Council approved
Resolution #018, Series of 2025 which approved the contract between the City of Aspen
and EPS to conduct a Regional Housing Needs Assessment. The budget appropriation
for this project was included in the 2025 Spring Supplemental.
Work for this project has been underway since approval of the contract in February. The
first phase is expected to be completed at the end of the month. As detailed in the memo
which approved the contract, the first phase includes the necessary data tables and
narrative to submit a Rural Resort AMI waiver for Proposition 123. The second phase is
estimated to be completed in January 2026 and will build out the remaining housing needs
assessment components required to fulfill SB 24-174. Additional information on SB-174
and Proposition 123 can be found here:
• Information on SB-174
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• Information on Prop123 Rural Resort Petition
The State of Colorado’s Department of Local Affairs office (DOLA) recommended that
Regional Housing Needs Assessments will be viewed more favorably than a single-
jurisdiction HNA. To both respond to this recommendation and to achieve economies of
scale, Aspen partnered with Pitkin County and the Town of Snowmass Village to fund this
study. The entire region covered in the housing needs assessment includes Pitkin
County, Aspen, Snowmass Village, Basalt, Carbondale, Glenwood Springs, Garfield
County, New Castle, Rifle, and Parachute.
The MOU brought before Council today was created at the request of the partnering
jurisdictions to solidify their expected contributions and outcomes. DOLA also
recommended creating a MOU or IGA to document our collaboration as it would
potentially support a stronger Proposition 123 waiver.
DISCUSSION: The MOU outlines the purpose and scope of the project, Aspen’s role as
the main contact for the work, and the projected funding contributions from each partner.
Since approval of the project and contract in February, there have been no changes to
the scope or intent of this project. The purpose of the MOU is to outline each jurisdiction’s
funding commitment and have a formal document that will support our future Proposition
123 rural resort petition.
Pitkin County approved the MOU on May 26th, 2025. After the City of Aspen approves the
document, it will be sent to Town of Snowmass for their approval.
FINANCIAL IMPACTS: The total project costs will be split between the City of Aspen,
Pitkin County, and the Town of Snowmass Village. To expedite and simplify the process
the City of Aspen will hold the contract with EPS. The City of Aspen plans for the entire
project with both phases to not exceed $200,000. The City of Aspen’s portion will be
paid for by of the 150 Housing Development Fund. The “not to exceed” amount is higher
than the scoped amount of work detailed to allow flexibility to potentially add other
components during Phase 2 work. The current scope of work estimates the City of
Aspen’s contribution (1/3 of the project cost) to be $41,176.
Aspen's share of this contract may be slightly reduced over the course of this project,
should other regional jurisdictions wish to have the study expanded to provide the
required detail for that individual jurisdiction to apply for funding. Currently, staff believe
that other jurisdictions are not interested in that level of detail.
Funding for this project was approved by Council on February 10th via Resolution #018-
2025.
ENVIRONMENTAL IMPACTS: There are no direct environmental impacts.
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ALTERNATIVES: Council could choose not to approve this MOU and makes changes
to the agreement. Amendments could have an impact on the project timeline and
potential contributions from the partnering jurisdictions.
RECOMMENDATIONS: Staff recommend Council approve Resolution #089, Series of
2025 for approval of the Memorandum of Understanding between Pitkin County, Town
of Snowmass Village, and City of Aspen in Support of a Regional Housing Needs
Assessment.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A: Memorandum of Understanding between Pitkin County, Town of Snowmass Village,
and City of Aspen.
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RESOLUTION #089
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, AND TOWN OF
SNOWMASS VILLAGE IN SUPPORT OF A REGIONAL HOUSING NEEDS
ASSESSMENT
WHEREAS, City Council approved Resolution #018, Series of 2025 on
February 10th, 2025, approving the contract with EPS to conduct the Housing
Needs Assessment; and,
WHEREAS, having a memorandum of understanding with its partners will
bolster the City of Aspen’s Proposition 123 waiver and solidify the partnership
between the partnering jurisdictions; and,
WHEREAS, there has been submitted to the City Council a Memorandum
of Understanding (“MOU”) for purposes of financing the housing needs study
between the City of Aspen and Pitkin County, and Town of Snowmass Village, 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
Memorandum of Understanding for Financing of a Regional Housing Needs Study
(“MOU”) between Pitkin County, Town of Snowmass Village, and the City of
Aspen, a draft of which is attached hereto and does hereby authorize the City
Manager of the City of Aspen to execute the MOU on behalf of the City of Aspen
in substantially the form attached hereto, subject to the approval of the City
Attorney.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 24th 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 on the day herein above
stated.
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Nicole Henning, City Clerk
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MEMORANDUM OF UNDERSTANDING
FOR FINANCING OF A REGIONAL HOUSING NEEDS STUDY
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made this 28th day of
May, 2025 by and between the City of Aspen, whose address is 427 Rio Grande Place,
Aspen Colorado 81611 (“Aspen”), the Board of County Commissioners of Pitkin County
Colorado, whose address is 530 East Main St., Aspen Colorado 81611 (the “Pitkin”), and
the Town of Snowmass Village, whose address is 130 Kearns Road, Snowmass,
Colorado 81615 (“Snowmass”), (Collectively the “Parties”).
RECITALS
1. By this MOU, the Parties wish to partner in and share the cost of a Housing Needs
Assessment; and
2. The majority local governments in Colorado are required to complete a housing
needs assessment by December 2026 to comply with SB 24-174; and
3. Colorado voters approved Proposition 123 in 2022 to create the state Affordable
Housing Fund; and
4. To qualify for flexibility in some funding programs under Proposition 123
applicants, who could include the local governments named in this MOU, must submit a
rural resort petition that uses data from a housing needs assessment to show local housing
needs at higher Area Median Incomes (AMIs) than outlined in Proposition 123; and
5. The final Housing Needs Assessment will fulfill SB 24-174 requirements and
provide the necessary components for a rural resort petition; and
6. The Housing Needs Assessment will cover the geographic area including Pitkin
County through Garfield County (Pitkin County, Aspen, Snowmass Village, Basalt,
Garfield County, Carbondale, Glenwood Springs, New Castle, Silt, Rifle, and Parachute);
and
7. Aspen City Council authorized the use of city funds to pay for a Housing Needs
Assessment in compliance with SB 24-174 on February 11th, 2025; and
8. Aspen’s Housing Needs Assessment includes analysis of housing needs in
Snowmass and Pitkin; and
9. Snowmass and Pitkin wish to contribute to the costs of producing the Housing
Needs Assessment; and
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10. Pitkin and Snowmass will benefit from participating in the Housing Needs
Assessment; and
11. The final Housing Needs Assessment will assess the housing need throughout the
region as a whole and include a data carve out for each participating organization.
AGREEMENT
NOW, THEREFORE, for in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Aspen, Pitkin, and Snowmass hereby agree to share the costs of the Housing
Needs Assessment equally. The total contract cost is $41,176 per entity.
2. Aspen shall be the primary contact and financial agent between the vendor,
Economics and Planning Systems (EPS), and the members of this agreement.
3. Aspen will invoice Pitkin and Snowmass for expenses twice. The first upon
completion of Phase 1 in June 2025 and the second upon completion of Phase 2 in
December 2026.
4. The parties acknowledge that upon completion of Phase 1 for the Housing Needs
Assessment, the opportunity may arise to expand the scope of Phase 2 to address
additional data or research questions.
5. Should unforeseen expenditures arise, Aspen shall notify the parties as promptly
as possible with the estimate of the increased costs. The parties agree to work
cooperatively and promptly in this circumstance to discuss sources and contributions to
additional funding needs.
6. The parties acknowledge that this agreement will neither bind or preclude future
activities as a result of the Housing Needs Assessment
7. Terms and Extensions This MOU shall commence upon the date first written
above and shall continue each year through written consent as determined by the
Participating Members.
8. Assignability. This MOU is not assignable by any party hereto.
9. Modification. This MOU may be changed or modified only in writing by an
agreement approved by the respective signing members of this MOU.
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10. Entire Memorandum of Understanding. This MOU constitutes the entire MOU
between the parties and all other promises and agreements relating to the subject of this
MOU, whether oral or written, are merged herein.
11. Severability. Should any one or more sections or provisions of this MOU be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or
invalidate the remaining provisions of this MOU, the intention being that the various
sections and provisions hereof are severable.
12. Termination Prior to Expiration of Term. Any Party has the right to terminate or
withdraw from this MOU, with or without cause, by giving written notice to the other
Parties of such termination and specifying the effective date thereof. Such notice shall be
given at least sixty (60) days before the effective date of such termination. Termination of
the MOU relieves the cancelling or withdrawing Party of any further responsibility under
this MOU except for specifically identified obligations of a continuing nature based upon
past performance under the MOU.
13. Notice. Any notice required or permitted under this MOU shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods 1) hand-delivery or 2) registered or certified mail, postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of delivery
on the part of the sender. Nothing contained herein shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a
summons or other legal process.
To: Pitkin County With copies to:
Jon Peacock, County Manager Pitkin County Attorney’s Office
530 East Main Street, Ste 302 530 East Main Street, Ste. 301
Aspen, CO 81611 Aspen, CO 81611
Jon.peacock@pitkincounty.com attorney@pitkincounty.com
To: Town of Snowmass Village With Copies To:
Clint Kinney, Town Manager Town of Snowmass Village Attorney
130 Kearns Road 130 Kearns Road
Snowmass Village, CO 81615 Snowmass Village, CO 81615
ckinney@tosv.com jdresser@tosv.com
To: City of Aspen With Copies to:
Pete Strecker, Interim City Manager City of Aspen Attorney
130 South Galena St 130 South Galena Street
Aspen CO 81611 Aspen, CO 81611
pete.strecker@aspen.gov attorney@cityofaspen.com
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7. Government Immunity. The parties agree and understand that all parties are
relying on and do not waive, by any provisions of this MOU, the monetary limitations or
terms or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or
otherwise available to the parties or any of their officers, agents, or employees.
8. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of the parties. The parties’ obligations under this MOU
are subject to each individual party’s annual right to budget and appropriate the sums
necessary to provide the services set forth herein. No provision of this MOU shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other
financial obligation of any of the parties within the meaning of any constitutional or
statutory debt limitation. This MOU shall not be construed to pledge or create a lien on
any class or source of any of the parties’ bonds or any obligations payable from any class
or source of each individual party’s money.
9. Binding Rights and Obligations. The rights and obligations of the parties under
this MOU shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns.
10. Agreement made in Colorado. This MOU shall be construed according to the
laws of the State of Colorado, and venue for any action shall be in the District Court in
and for Pitkin County, Colorado.
11. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this MOU, the substantially prevailing party, whether by final judgment or
out of court settlement, shall recover from the other party all costs and expenses of such
action or suit including reasonable attorney fees.
12. No Waiver. The waiver by any party to this MOU of any term or condition of this
MOU shall not operate or be construed as a waiver of any subsequent breach by any party.
13. Authority. Each person signing this MOU represents and warrants that said person
is fully authorized to enter into and execute this MOU and to bind the party it represents to
the terms and conditions hereof.
44133
The foregoing MOU is approved by the Pitkin County, Colorado County Manager, on the
28th day of May, 2025.
The foregoing Agreement is approved by the Town of Snowmass Village Town Manager
on the ____________ day of _____________ 2025.
The foregoing Agreement is approved by the City of Aspen Interim City Manager on the
____________ day of _____________ 2025.
In witness whereof the parties hereto have caused this MOU to be executed as of the day
and year first written.
45134
PITKIN COUNTY:
By: ___________________________
Kelly McNicholas Kury, Chair
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
By: ___________________________ By:_______________________________
Richard Neiley, III Jon Peacock, County Manager
County Attorney
Jun-03-2025
46135
TOWN OF SNOWMASS VILLAGE:
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
Jeff Conklin, County Attorney Clint Kinney, Town Manager
___________________________
Betsy Crum, Housing Director
47136
CITY OF ASPEN:
APPROVED AS TO FORM MANAGER APPROVAL
___________________________ _________________________________
Kate Johnson, City of Aspen Attorney Pete Strecker, Interim City Manager
__________________________
Diane Foster, Deputy City Manager
48137
MEMORANDUM
TO: Mayor and City Council
FROM: Nancy Lesley, Director of Special Events and Marketing
Wesy Armour-Cook, Special Events Assistant Manager
THROUGH: Austin Weiss, Parks and Recreation Director
MEETING DATE: June 24, 2025
RE: Additional Funding for City’s July Fourth Celebration
_____________________________________________________________________
REQUEST OF COUNCIL: Staff are requesting additional funding for the annual Fourth
of July celebration that is planned and managed by the City of Aspen Special Events
Department. These additional funds would be used for contracted services for added
event security and to provide better crowd management. Ultimately, the City’s goal is to
host a safe and enjoyable experience for guests and locals alike.
SUMMARY AND BACKGROUND: The annual Fourth of July celebration in Aspen is
the city’s largest and most logistically complex event coordinated by the Special Events
team. With a significant influx of visitors from down valley, full occupancy in local
residences and hotels, and an estimated attendance exceeding 40,000 people, the
event requires substantial support from contracted personne l, along with numerous staff
members from various departments throughout the City. Although the parade officially
begins at 11:00 a.m., staff operations commence at sunrise to prepare for the 7:00 a.m.
traffic detour, which involves rerouting vehicles, buses, and pedestrians on what is the
busiest day of the year. Following the parade, a variety of activities and entertainment
are hosted by multiple organizations throughout the day. The celebration concludes with
a free concert in Wagner Park, and this year introduces a new feature , a Drone Show
presented by the Wheeler Opera House.
Given the size and complexity of this event, City staff are challenged each year to
ensure a smooth Fourth of July parade and celebration. These additional funds will
allow staff to provide a higher level of customer service and security for both
participants of the parade, and the thousands of spectators who line the parade route.
DISCUSSION: Staff are looking to add additional help with crowd management with an
emphasis on quality customer service. Historically, the City has contracted with two
security companies. The first one has been focused on the management of the parade
49
itself, including entrant prep, queuing, and parade flow. The other company is hired to
manage the detours required to get ca rs and buses in and out of town safely, along with
the deployment of hundreds of the required traffic/crowd barricades. Staff feel this leaves
a void in facilitating the safe and courteous movement of spectators and parade
participants throughout the parade route. Each year, staff observe numerous interactions
between traffic control workers and parade spectators that end up being contentious and
confrontational, and often-times lead to unsafe interactions between cars/buses and
spectators, both on bike and foot.
Staff also feel that we can strengthen our Fourth of July general safety plan by the
increased usage of heavy equipment as vehicle deterrence/safety barriers. Historically,
this heavy equipment has been strategically placed at several key intersections to protect
the parade participants and the tens of thousands of folks watching it. In past years, our
budget to rent these vehicles from local contractors has been limited and we would like
to formalize our budget authority to continue a nd expand these efforts to additional
intersections and points of vulnerability.
FINANCIAL IMPACTS: While the total cost of the 2025 Fourth of July is still being
worked out (we are waiting for some approximate costs from some vendors), in 2024
the total cost was $172,500. If this request is approved, staff anticipate roughly
$225,000 for this year’s celebration, a $55,000 increase, reflective of the additional
contacted services and safety measures for 2025. Note, if Council approves this
request, a technical supplemental appropriation will be included in the Fall
Supplemental process to reflect this addition.
Additionally, staff will include an ongoing budget supplemental request in the 2026
operational budget development to meet this need in future years.
ENVIRONMENTAL IMPACTS: Providing additional Pedestrian and bicycle
management will assist with questions regarding location of proper waste and recycling
opportunities and help minimize littering along the public right of way. The other benefit
that we anticipate is that as we continue to improve the bicycle and pedestrian
experience, we will continue to see more and more people leave their cars at home and
come into town via alternative transportation.
ALTERNATIVES: Council could deny this request and staff will continue to manage the
traffic detours with fewer resources and fewer large equipment as safety barriers.
RECOMMENDATIONS: Staff recommend approving this on-going funding request.
CITY MANAGER COMMENTS:
50
RESOLUTION # 090
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A SUPPLEMENTAL INCREASE OF FUNDS FOR
THE CITY’S JULY FOURTH CELEBRATION AND AUTHORIZING THE
CITY MANAGER TO INCREASE THE FUNDS ALLOCATED FOR SAID
PURPOSE ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a request to
increase the amount of funds allocated to the City’s Special Events and Marketing
fund to be used expressly for the City’s Fourth of July parade and related activities;
and
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 increase to
the Special Events and Marketing fund in the amount of $55,000 for purposes of
supporting the City’s Fourth of July parade and celebration, including but not
limited to traffic management, event security, and crowd management costs.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 24th 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 24th, 2025.
Nicole Henning, City Clerk
51
MEMORANDUM
TO: Mayor and City Council
FROM: Ryan Loebach, Deputy Director of Utilities
THROUGH: Erin Loughlin Molliconi, Director of Utilities
MEMO DATE: June 16th, 2025
MEETING DATE: June 24th, 2025
RE: Resolution #092, Series of 2025 – 2025 Maroon Creek Pipeline Joint
Repairs
REQUEST OF COUNCIL: Staff requests a contract award to Elite Pipeline Services in
the amount of $117,400.00 for supply and installation of joint seals on the Maroon Creek
Pipeline.
SUMMARY AND BACKGROUND: The Maroon Creek pipeline provides raw water for
potable water production as well as for hydropower production at the Maroon Creek
Hydropower Plant. This ageing asset has required at least annual staff intervention and
repairs to fix leaking pipe joints over the past 5-10 years.
DISCUSSION: In April 2025, staff identified three damaged joints on the Maroon Creek
Pipeline just before the pipe terminates at the City’s Water Treatment Plant. The most
impactful damaged joint was repaired with a joint seal utilizing an as-needed contract for
emergency repairs. The two remaining joints are well managed and do not affect daily
operations. City staff is seeking a separate contract award to install joint seals at 50
locations on the Maroon Creek pipeline to address the two remaining pipeline joints and
proactively install seals on adjacent upstream and downstream joints.
BASIS FOR VENDOR SELECTION: City staff solicited a bid from the City’s long-time
as-needed pipeline repair services contractor, Elite Pipeline Services, to furnish and
install the material to repair each pipeline joint. Staff request sole-source approval from
Council because they are the only contractor that staff is familiar with that has
experience with joint seal installation on existing concrete pipe, experience with working
in Aspen and on this specific city infrastructure, and has the ability to purchase the
material, mobilize, and complete the work in Q3 2025.
52
FINANCIAL IMPACTS: The proposed project funding and expenditures are outlined
below:
Total Project Expenditures
Elite Pipeline Services: Professional Services Agreement $117,400.00
New Budget Request
421, Water Fund: New Capital Project Funding Request $117,400.00
This project and associated request are not part of the 2025 water fund budget. Staff
requests new spending authority of $117,400.00 to fund and complete the work. This
spending authority request will be offset by surplus water fund balance. Staff did not
specifically hold budget dollars in 2025 for this work because the damaged joints were
not discovered until April 2025 and the most impactful damaged joint was repaired
under an as-needed contract. Staff are requesting new spending authority and contract
award to repair the two remaining damaged pipeline joints and to proactively replace
additional joints upstream and downstream of the damaged joints, which will provide
greater infrastructure resilience in a more cost-effective manner than multiple
mobilizations under an emergency as-needed contract.
ENVIRONMENTAL IMPACTS: Pipeline joint repairs/seals will prevent pipeline joints
from separating and leaking raw water into the environment, thereby minimizing waste
of this finite resource and potential impacts to nearby community assets.
ALTERNATIVES: Staff believes this is a critical project to extend the life of an asset that
provides reliable water supply to customers within our service territory, as well as supply
to one of the local renewable generation sources at Maroon Creek hydroelectric facility.
Alternatively, the city can incrementally repair joints under the existing as-needed pipeline
repair services contract. However, this approach is both more reactive than proactive for
maintenance of this asset and would incur a greater cost over a longer period of time with
multiple mobilizations.
RECOMMENDATIONS: Staff requests a contract award to Elite Pipeline Services in the
amount of $117,400.00 for supply and installation of joint seals on the Maroon Creek
Pipeline.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Professional Services Agreement with Elite Pipeline Services.
B. Resolution #092 of 2025.
53
RESOLUTION # 92
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ELITE PIPELINE SERVICES 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 2025 Maroon Creek Pipeline Joint Repair, between the
City of Aspen and Elite Pipeline Services, 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 2025 Maroon Creek Pipeline Joint Repair, between the
City of Aspen and Elite Pipeline Services, 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 24th 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 24th, 2025.
Nicole Henning, City Clerk
54
2025 Maroon Creek Pipeline Joint Repair
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2025-247
AGREEMENT made as of June 13th 2025.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Elite Pipeline Services, Inc.5220 Edgewater DriveAllendale, MI 49401US616-726-8286cjonaitis@elitepipeline.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
The City and Professional agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date: 06/24/2025
Resolution No.: 2025-092
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, andFee Schedule.
Total: shall not exceed$120,000.00 by 9/8/2025
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SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, ormaterials as described in Exhibit A, appended hereto and by this reference incorporated herein,for the sum of set forth above.
2. Delivery. (FOB Aspen Water Department 500 Doolittle Dr Aspen, CO 81611)
3. Contract Documents. This Agreement shall include all Contract Documents as the same arelisted in the Invitation to Bid or Request for Proposals and said Contract Document are herebymade a part of this Agreement as if fully set out at length herein.
4. Warranties. N/A
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to thebenefit of and be binding upon the City and the Professional respectively and their agents,representatives, employee, successors, assigns and legal representatives. Neither the City northe Professional shall have the right to assign, transfer or sublet its interest or obligationshereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scopeof Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a writtenNotice to Proceed from the City and complete all phases of the Scope of Work asexpeditiously as is consistent with professional skill and care and the orderly progress of theWork in a timely manner. The parties anticipate that all Work pursuant to this Agreementshall be completed no later than 09-08-2025, with the installation and operation of all theequipment no later than 09-08-2025. Upon request of the City, Professional shall submit, forthe City's approval, a schedule for the performance of Professional's services which shall beadjusted as required as the project proceeds, and which shall include allowances for periods oftime required by the City's project engineer for review and approval of submissions and forapprovals of authorities having jurisdiction over the project. This schedule, when approved bythe City, shall not, except for reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time andexpense basis for all work performed. The hourly rates for work performed by Professionalshall not exceed those hourly rates set forth at Exhibit A appended hereto. Except asotherwise mutually agreed to by the parties the payments made to Professional shall notinitially 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 consideredincorrect or untimely, the City shall review the matter with Professional within ten days fromreceipt of the Professional's bill.
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9. Non-Assignability. Both parties recognize that this Agreement is one for personal servicesand cannot be transferred, assigned, or sublet by either party without prior written consent of theother. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilitiesor obligations under this Agreement. Professional shall be and remain solely responsible to the Cityfor the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, eachofwhomshall,forthispurposebedeemedtobeanagentoremployeeoftheProfessionaltotheextentof the subcontract. The City shall not be obligated to pay or be liable for payment of any sums duewhich may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceledby the City prior to acceptance by the City whenever for any reason and in its sole discretion theCity shall determine that such cancellation is in its best interests and convenience
11. TerminationofProfessionalServices.TheProfessionalortheCitymayterminatetheProfessionalServices component of this Agreement, without specifying the reason therefor, by giving notice, inwriting, addressed to the other party, specifying the effective date of the termination. No fees shall beearned after the effective date of the termination. Upon any termination, all finished or unfinisheddocuments, data, studies, surveys, drawings, maps, models, photographs, reports or other materialprepared 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 damagessustained by the City by virtue of any breach of this Agreement by the Professional, and the City maywithhold any payments to the Professional for the purposes of set-off until such time as the exactamount of damages due the City from the Professional may be determined
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties thatnothing contained in this agreement shall result in, or be construed as establishing an employmentrelationship. Professional shall be, and shall perform as, an independent Contractor who agrees touse his or her best efforts to provide the said services on behalf of the City. No agent, employee, orservant 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 ofconductingtheworkareunderthesolecontrolofProfessional. NoneofthebenefitsprovidedbyCityto its employees including, but not limited to, workers' compensation insurance and unemploymentinsurance, are available from City to the employees, agents or servants of Professional. ProfessionalshallbesolelyandentirelyresponsibleforitsactsandfortheactsofProfessional'sagents,employees,servants and subcontractors during the performance of this contract. Professional shall indemnifyCity against all liability and loss in connection with, and shall assume full responsibility for paymentof all federal, state and local taxes or contributions imposed or required under unemploymentinsurance, social security and income tax law, with respect to Professional and/or Professional'semployees engaged in the performance of the services agreed to herein.
13. 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, onaccount 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 kindwhatsoever, which arise out of or are in any manner connected with this contract, to the extent andforanamountrepresentedbythedegreeorpercentagesuchinjury,loss,ordamageiscausedinwhole
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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 theProfessional, or any officer, employee, representative, or agent of the Professional or of anysubcontractor of the Professional, or which arises out of any workmen's compensation claim of anyemployee of the Professional or of any employee of any subcontractor of the Professional. TheProfessional 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 theCity, agrees to pay the City or reimburse the City for the defense costs incurred by the City inconnection with, any such liability, claims, or demands. If it is determined by the final judgment ofa court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part bythe act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse theProfessional for the portion of the judgment attributable to such act, omission, or other fault of theCity, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policiesof insurance sufficient to insure against all liability, claims, demands, and otherobligationsassumedbytheProfessionalpursuanttoSection8above.Suchinsuranceshall be in addition to any other insurance requirements imposed by this contract orby law. The Professional shall not be relieved of any liability, claims, demands, orother obligations assumed pursuant to Section 8 above by reason of its failure toprocure or maintain insurance, or by reason of its failure to procure or maintaininsurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of theProfessional to procure and maintain, the minimum insurance coverages listed below. Suchcoverages 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, andother obligations assumed by the Professional pursuant to Section 8 above. In the case of anyclaims-made policy, the necessary retroactive dates and extended reporting periods shall beprocured to maintain such continuous coverage.
(i)Worker'sCompensation insurancetocoverobligationsimposedbyapplicablelaws for any employee engaged in the performance of work under this contract, andEmployers' Liability insurance with minimum limits of ONE MILLION DOLLARS($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)disease-policylimit,andONEMILLIONDOLLARS($1,000,000.00)disease-eachemployee. Evidence of qualified self-insured status may be substituted for theWorker's Compensation requirements of this paragraph.
(ii)Commercial General Liability insurance with minimum combined singlelimits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREEMILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable toallpremisesandoperations.Thepolicyshallincludecoverageforbodilyinjury,broadform property damage (including completed operations), personal injury (including
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coverage for contractual and employee acts), blanket contractual, independentcontractors, products, and completed operations. The policy shall include coveragefor explosion, collapse, and underground hazards. The policy shall contain aseverability of interests provision.
(iii)Comprehensive Automobile Liability insurance with minimum combinedsingle limits for bodily injury and property damage of not less than ONE MILLIONDOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policyshall contain a severability of interests provision. If the Professional has no ownedautomobiles, the requirements of this Section shall be met by each employee of theProfessional providing services to the City under this contract.
(iv)Professional Liability insurance with the minimum limits of ONE MILLIONDOLLARS ($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 andthe City's officers and employees as additional insureds. Every policy required aboveshall be primary insurance, and any insurance carried by the City, its officers oremployees, or carried by or provided through any insurance pool of the City, shall beexcess and not contributory insurance to that provided by Professional. No additionalinsured endorsement to the policy required above shall contain any exclusion forbodilyinjuryorpropertydamagearisingfromcompletedoperations.TheProfessionalshallbesolelyresponsibleforanydeductiblelossesunderanypolicyrequiredabove.
(d) The certificate of insurance provided by the City shall be completed by the Professional'sinsurance agent as evidence that policies providing the required coverages, conditions, andminimum limits are in full force and effect, and shall be reviewed and approved by the Cityprior to commencement of the contract. No other form of certificate shall be used. Thecertificate shall identify this contract and shall provide that the coverages afforded under thepolicies shall not be canceled, terminated or materially changed until at least thirty (30) daysprior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach ofcontract upon which City may immediately terminate this contract, or at its discretion Citymay procure or renew any such policy or any extended reporting period thereto and may payany and all premiums in connection therewith, and all monies so paid by City shall be repaidby Professional to City upon demand, or City may offset the cost of the premiums againstmonies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and anyendorsement thereto.
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(g) The parties hereto understand and agree that City is relying on and does not waive orintend to waive by any provision of this contract, the monetary limitations or any other rights,immunities, and protections provided by the Colorado Governmental Immunity Act, Section24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, itsofficers, or its employees. City's Insurance. The parties hereto understand that the City is amember of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as suchparticipates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manualare kept at the City of Aspen Risk Management Department and are available to Professionalfor inspection during normal business hours. City makes no representations whatsoever withrespect to specific coverages offered by CIRSA. City shall provide Professional reasonablenotice of any changes in its membership or participation in CIRSA.
15. City's Insurance. The parties hereto understand that the City is a member of the ColoradoIntergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSAProperty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen RiskManagement Department and are available to Professional for inspection during normal businesshours. City makes no representations whatsoever with respect to specific coverages offered byCIRSA. City shall provide Professional reasonable notice of any changes in its membership orparticipation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entireundertaking of the parties relevant to the subject matter thereof and there are no verbal or writtenrepresentations, agreements, warranties or promises pertaining to the project matter thereof notexpressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by certifiedmail return receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religionshall be made in the employment of persons to perform services under this contract. Professionalagrees 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 itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mental
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disability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.The foregoing provisions shall be incorporated in all subcontracts hereunder.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operateas a waiver of any subsequent breach of the same or any other term. No term, covenant, or conditionof this Agreement can be waived except by the written consent of the City, and forbearance orindulgence 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 completeperformance by Professional of said term, covenant or condition, the City shall be entitled to invokeanyremedyavailabletoitunderthisAgreementorbylawdespiteanysuchforbearanceorindulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties heretoand their respective heirs, executors, administrators, successors, and assigns. Notwithstandinganything to the contrary contained herein, this Agreement shall not be binding upon the City unlessduly executed by the City Manager of the City of Aspen (or a duly authorized official in the CityManager’s absence) and if above $100,000, following a Motion or Resolution of the Council of theCity of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’sabsence) to execute the same.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retainedto solicit or secure this Contract upon an agreement or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fideestablished commercial or selling agencies maintained by the Professional for the purposeof securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer ofemployment in connection with any decision, approval, disapproval, recommendation,preparation of any part of a program requirement or a purchase request, influencing thecontent of any specification or procurement standard, rendering advice, investigation,auditing, or in any other advisory capacity in any proceeding or application, request forruling, determination, claim or controversy, or other particular matter, pertaining to thisAgreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of theCityduringthetermofthisAgreementhasorone(1)yearthereaftershallhaveanyinterest,direct or indirect, in this Agreement or the proceeds thereof, except those that may havebeen disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions againstcontingent fees, gratuities, kickbacks and conflict of interest, the City shall have the rightto:
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1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a Professional, contractor orsubcontractor under City contracts;3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Professional; and4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year arecontingent upon funds for that purpose being appropriated, budgeted and otherwise madeavailable. If this Agreement contemplates the City utilizing state or federal funds to meetits obligations herein, this Agreement shall be contingent upon the availability of thosefunds for payment pursuant to the terms of this Agreement.
23. 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,supersededorextendedexceptbyappropriatewritteninstrumentfullyexecutedbytheparties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal orunenforceable it shall not affect or impair the validity, legality or enforceability of any otherprovision.
(c) The parties acknowledge and understand that there are no conditions or limitations tothis understanding except those as contained herein at the time of the execution hereof andthat after execution no alteration, change or modification shall be made except upon a writingsigned by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from timeto time in effect.
24. Additional Provisions. In addition to those provisions set forth herein and in the ContractDocuments, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
25. ElectronicSignaturesandElectronicRecords. This Agreement and any amendmentshereto may be executed in several counterparts, each of which shall be deemed an original, and allof which together shall constitute one agreement binding on the Parties, notwithstanding thepossible event that all Parties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work, and any otherdocuments requiring a signature hereunder, may be signed electronically in the manner agreed toby the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreementsolely because it is in electronic form or because an electronic record was used in its formation.
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The Parties agree not to object to the admissibility of the Agreement in the form of an electronicrecord, or a paper copy of an electronic documents, or a paper copy of a document bearing anelectronic signature, on the ground that it is an electronic record or electronic signature or that it isnot in its original form or is not an original.
26. The Professional in performing the Services hereunder must comply with all applicableprovisions 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 bythe Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR1501-11. Services rendered hereunder that use information and communication technology, as theterm 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 WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the informationand communication technology used, created, developed, or procured in connection with theServices hereunder meets these standards, Professional may be required to demonstratecompliance. The Professional shall indemnify the CITY pursuant to the Indemnification sectionabove in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or theTechnology Accessibility Standards for Individuals with a Disability as established by the Officeof Information Technology pursuant to Section §24-85-103(2.5).
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their dulyauthorized officials, this Agreement in three copies each of which shall be deemed an original on thedate first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________[Signature] [Signature]
By: _____________________________ By: _____________________________[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________City Attorney’s Office
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Superintendent
Josh Brown
6/16/2025 | 4:45:46 AM MDT
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EXHIBIT A
Shall not exceed $120,000 by 9/8/2025
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MEMORANDUM
TO: Mayor and City Council
FROM: Pete Strecker, Interim City Manager
MEETING DATE: June 24, 2025
RE: Amendment to the Existing Tourism Promotion Fund Agreement
REQUEST OF COUNCIL: Staff requests approval of the proposed addendum to the
Tourism Promotion Fund agreement, to allow for additional time to collaborate with the
Aspen Chamber Resort Association on leased space at the Armory, as the pending
renovation of that building approaches.
SUMMARY AND BACKGROUND: Council adopted Resolution 46 (Series 2023),
establishing a contract with the Aspen Chamber Resort Association (ACRA) to provide
marketing and promotional efforts for the City’s tourism industry. Included in this
agreement was also a provision for providing leased space for both welcome centers and
administrative offices, some of which is currently located within the Armory building on
130 Galena St.
DISCUSSION: With the current lease terms included in the existing Tourism Promotion
Fund agreement with ACRA, the availability of leased space provided by the City extends
through a five-year period, ending December 31, 2028. Given the Council intent to
renovate the Armory building to create new community gathering space, the Armory
building is needing to undergo extensive renovations and requires the full building to be
vacated when this commences, anticipated in mid- to late- 2026. As these dates conflict
with one another, revisions to the lease terms are needed. Therefore, the proposed
resolution extends the deadline for noticing termination of the agreement from June 30 to
September 30, to provide for additional time to facilitate needed changes.
FINANCIAL IMPACTS: There are no new financial impacts associated with this
adjustment to noticing.
RECOMMENDATIONS: Staff recommend adoption of Resolution #096 approving the
proposed addendum to the existing Tourism Promotion Fund agreement with ACRA.
CITY MANAGER COMMENTS:
ATTACHMENTS:
A. Proposed Addendum to the Existing Agreement
B. Resolution #46 (2023) – Existing Tourism Promotion Fund Agreement
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RESOLUTION # 096
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADDENDUM TO CITY OF ASPEN AND
ACRA TOURISM PROMOTION FUND AGREEMENT DATED JANUARY 1,
2023, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
ADDENDUM ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Addendum to
City of Aspen and ACRA Tourism Promotion Fund Agreement Dated January 1,
2023, a true and accurate copy of which addendum 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 Addendum
to City of Aspen and ACRA Tourism Promotion Fund Agreement Dated January
1, 2023, a true and accurate copy of which addendum is attached hereto as Exhibit
“A” and does hereby authorize the City Manager to execute said Addendum on
behalf of the City of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 24th 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 24th, 2025.
Nicole Henning, City Clerk
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ADDENDUM TO
CITY OF ASPEN AND ACRA
TOURISM PROMOTION FUND AGREEMENT
DATED JANUARY 1, 2023
THIS ADDENDUM, effective this ___ day of June 2025, by and between the CITY OF ASPEN (the
“City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”), concerns the following:
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree
as follows:
1. The penultimate sentence of Paragraph 13 of CITY OF ASPEN AND ACRA TOURISM PROMOTION
FUND AGREEMENT DATED JANUARY 1, 2023, (the “Agreement”) is hereby deleted in its entirety
and replaced with the following:
Either party may terminate this agreement without cause effective March 31st
of any year covered by the agreement; provided, however, that written notice is
delivered to the other party not later than September 30th of the year preceding
the date on which termination is to become effective.
2. Exhibit B, paragraph H, of the Agreement, shall be deleted in its entirety and replaced with the
following:
H. ACRA and the City agree that ACRA’s occupation of the premises assigned to it
at 130 S. Galena Street shall continue on the terms consistent with its prior
lease at the Old Powerhouse as modified by this Exhibit B. If the parties agree
that such is appropriate and necessary, a new lease may be executed at any
time following the date of this Addendum.
3. All other terms of the Agreement not amended or otherwise inconsistent with the terms of this
Addendum shall remain in full force and effect and the parties retain all rights, claims, defenses
and privileges set forth therein.
4. This document may be executed in counterpart original copies, with the original signatures on
separate pages to be collated together on one original form of the agreement.
CITY OF ASPEN, a municipal corporation
Attest: __________________________________
_____________________________ By: Pete Strecker
City Clerk
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71114
ASPEN CHAMBER RESORT ASSOCIATION
Attest: ___________________________________
By: Debbie Braun, President
_____________________________
Secretary
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RESOLUTION #46
Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE CITY OF ASPEN AND ACRA TOURISM
PROMOTION FUND AGREEMENT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council the City of Aspen
and ACRA Tourism Promotion Fund Agreement, to which are attached as exhibits
Scope of Services for Destination Marketing and Visitor Center Operations and
Facility Lease General Terms for 130 S. Galena Street, Aspen, by and between the
City of Aspen and the Aspen Chamber Resort Association (ACRA), 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 City of
Aspen and ACRA Tourism Promotion Fund Agreement, to which are attached as
exhibits Scope of Services for Destination Marketing and Visitor Center
Operations and Facility Lease General Terms for 130 S. Galena Street, Aspen, 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 28t" day of March 2023.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, March 28, 2023.
Nicole Henning, City Jerk
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CITY OF ASPEN AND ACRA
TOURISM PROMOTION FUND AGREEMENT
THIS AGREEMENT is effective'this 1st day of January 2023, by and between the CITY OF ASPEN
the "City") and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"),
RECITALS
1. The City and ACRA entered into that certain Agreement dated February 27, 2001, which
agreement has been renewed over the years, and the parties hereto desire to again renew said
agreement.
2. The City Council has adopted Ordinance No. 45, Series of 2000, which imposes a 1.0%
visitor benefits tax on condition that the voters of the City of Aspen approve the aforementioned ballot
question at the November 7, 2000 municipal election, which the voters did approve.
3. Ordinance No. 45, Series of 2000, requires the City Council to appropriate 50% of all
revenues generated by the original tax for marketing and promotional efforts for the City's tourism
industry.
4. The City Council has adopted Ordinance No. 31, Series of 2010, which imposes an
additional 1% visitor benefit and promotion tax on condition that the voters of the City of Aspen
approve the ballot question set forth in Resolution No. 67, Series of 2010, at the November 2, 2010
municipal election, which the voters did approve.
5. Ordinance No. 31, Series 2010, requires the City Council to appropriate 100% of all
revenues generated by the additional 1% tax for marketing and promotional efforts for the City's
tourism industry.
6. Asa result, 25% of all revenues generated by the total 2% visitor benefit and promotion
tax shall be used to enable the City to meet its financial obligations to the Roaring Fork Regional
Transportation Authority or other similar transportation services provider, and 75% of all revenues
generated shall be used for marketing and promotional efforts for the City's tourism industry.
7. The foregoing taxes are codified at Aspen Municipal Code Chapter 23.50, and are
referred to herein as the Visitor Benefit Tax or "funds" or "marketing funds." The City desires to
contract with an organization capable of performing the marketing and promotional efforts
contemplated by said ordinance and funded by the Visitor Benefit Tax.
8. The Aspen Chamber Resort Association desires to contract with the City to receive funds
appropriated by the City Council for tourism promotion activities and to thereafter perform such
tourism promotion activities on behalf of the City of Aspen.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree
as follows:
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1. Intent of the Parties. The parties to this Agreement agree that the following sets forth
their intent in entering into this agreement and the principles set forth below shall help guide all future
interpretations of this Agreement and the parties continuing relationship with respect to the
expenditure of tourism promotion funds of the City of Aspen.
a. The parties acknowledge that the City shall use funds generated by the visitor
benefit and promotions tax imposed by Ordinance No. 45, Series of 2000, and
Ordinance No. 31, Series 2010, to meet its financial obligations pursuant to this
Agreement. Accordingly, the parties acknowledge that the purpose, limitations, and
administrative requirements of such funds as set forth in said ordinances shall apply to
this Agreement.
b. The parties hereby enter into a continuing relationship for the multi -year
planning and implementation of tourism promotion activities as set forth herein.
2. Term. The term of this Agreement shall be from January 1, 2023, through December 31,
2028. This Agreement shall renew automatically for the period of January 1, 2028 to December 31,
2033, unless either party provides notice to the other of its intent not to renew, which notice shall be
delivered in writing no later than June 30, 2027. This agreement may be terminated by either party as
set forth in Section 13, below.
3. Scope of Services for Marketing and Visitor Services.- A Scope of Services for Marketing
and Visitor Services is attached hereto as Exhibit "A" and incorporated herein by this reference. Such
Scope of Services shall apply for each calendar year.
4. Facility Lease for 130 S. Galena Street. The City will lease to ACRA administrative office
space and visitor center space during the term of this Agreement, with specific agreed -upon terms set
forth on the attached "Exhibit B." The consideration for such lease are the terms and conditions of this
Agreement, including but not limited to the lease terms on "Exhibit B."
S. Changes to the Scope of Services. Nothing in this agreement prevents the ACRA and the
City from entering into additional agreements, as may be amenable to the parties. These agreements
may be executed as additional Scope of Services and attached herein during the term of this Agreement.
Further, this Agreement maybe amended, but only in a writing signed by both parties. Any such
amendment shall become incorporated herein.
6. Budgeting. ACRA shall submit a detailed marketing program and expense budget for
inclusion in the City's budgeting packets, along with a review of the previous year's program. The City
Manager shall provide budget recommendations, including an estimate of prospective tax proceeds,
general fund contributions, prior year carry -forward balance, and interest income. The ACRA is allowed
and encouraged to attend and advise the City Council at all such public meetings where the marketing
program and budget is discussed.
During the course of the year, ACRA may submit a revised budget to the City Manager for her
consideration in order to accomplish such additional strategic marketing objectives as ACRA may
identify or to request a significant reduction in marketing strategies previously approved. The City
Manager shall provide a recommendation on the revised budget and schedule consideration of the
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request with City Council. City Council may approve the revised budget as it may deem necessary, with
the understanding that City Council need not approve such a revised budget unless revenues from the
Visitor Benefit Tax are available.
7. Reporting. ACRA shall provide reports to the City on the fund and expenditures from it,
including quarterly income and expense statements, statements and any independent reviews or audits
that ACRA receives, and an annual report of all revenues and expenditures from the fund. Reports shall
be submitted within 90 days after the closure of the books for a quarter.
In addition ACRA will provide destination marketing activity reports in City Council's informational
packet following the ACRA board of directors meeting on a monthly basis.
8. Accounting. The City shall pay all actual lodging tax revenues generated by the Visitor
Benefit Tax during the term of this Agreement to ACRA as they are generated from the City of Aspen
each month, except for such funds as have been designated in the approved Budget to be deposited in
the reserve account described in Paragraph 11 below. ACRA shall be responsible for paying its vendors,
suppliers, subcontractors, staff, and the like. ACRA shall maintain the tax fund receipts in a separate and
interest -bearing bank account from its other funds. The City may inspect ACRA's records upon
reasonable notice. ACRA shall account for any funds not expended for the purposes set forth in this
Agreement. The City of Aspen shall invoice ACRA for all amounts due to be paid to the City of Aspen
from the marketing funds.
9. Independent Audit. ACRA shall cause an independent third -party audit of its use of the
Visitor Benefit Tax no later than June 30, 2025. Thereafter, ACRA shall cause an independent third -party
audit every three (3) years, due on June 301h of such year. The results of this audit shall be reported, as
noted in section 7.
10. City Tax Auditing Expenses. ACRA shall contribute to the funding of the City of Aspen's
Auditor in the amount of 1.5% of tax collections, not to exceed $100,000 in any fiscal year.
11. Reserves. ACRA's budget shall include a reserve account of $300,000. The funds in the
reserve account shall be held for use to supplement actual tax revenues in the event of an economic
downturn. Specifically, if the actual tax revenues for the 12 months prior have paced at a decrease of at
least 5 percent from the prior 12 months, ACRA may request that a specific amount of reserve funds be
appropriated as a supplement to the actual tax revenues. The reserve shall be held as a restricted fund
balance by the City of Aspen in the City Tourism Promotion Fund, separate and distinct from any other
funds or accounts used or maintained by the City for any other purposes. The funds in the reserve
account will be appropriated to be used for the marketing program proposed by ACRA upon written
request to and approval by City Council. The reserve funds shall not be used to fund any specific event
or sponsorship request that is not part of the annual marketing plan. The reserve funds may be used for
no purpose other than a purpose that is (a) permitted pursuant to Ordinance No. 31, Series 2010 and (b)
supplements the tax revenues appropriated following a 12-month period during which tax revenues
have decreased. The funds in the reserve account are separate and distinct from any funds paid to and
set aside by ACRA to provide contingency or cash flow during the budget year.
12. Equal Access. Any and all businesses within the City shall be permitted equal access and
opportunity to participate in cooperative advertising efforts and package promotions specifically related
to and supported by the use of the marketing funds referenced in this Agreement, whether or not the
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business is a member of the ACRA or the Aspen Lodging Association. That is, to the maximum extent
possible, ACRA shall make a distinction between member service and other existing programs supported
by membership dues, and new programs supported by the City and this Agreement, and as to the latter,
not discriminate based on membership in the organizations.
13. Termination. Either party may terminate this Agreement for material breach of the
other party, provided that the non -breaching party shall provide 60 days written notice to the other
party specifying the material breach and provide a 60-day opportunity to cure. If such breach remains
uncured at the expiration of such period, the termination shall be effective on the 615` day after the
notice. Notwithstanding termination, each party shall be entitled to payment for services provided
through the effective date of the termination. Further, payments for any contracts entered into as part
of the marketing plan approved by the City of Aspen shall be paid by the parties out of the Marketing
Funds appropriated to ACRA under Paragraph 8 or from the reserve funds referred to in Paragraph 11,
so as to avoid any default under such contracts. Either party may terminate this agreement without
cause effective on December 31, of any year covered by the agreement; provided, however, that written
notice is delivered to the other party not later than June 30 of the year that termination is to become
effective. In the event the City terminates without cause, the City shall reimburse ACRA's moving
expenses incurred to vacate the then occupied premises.
14. Assignment. This agreement shall not be assigned by either party without the prior
written agreement of the other party.
15. Not to Participate in or Influence_ Elections with Marketing Funds._ ACRA shall not
use fund proceeds to influence the outcome of any election. Further, should ACRA take a position on an
election matter, it shall disclose to the public that the marketing funds are not the source of funds used
by ACRA to develop and advise of its position in its campaign information.
16. Non -Discrimination. ACRA shall provide marketing services, visitor center(s), and visitor
services to all Aspen businesses license holders in a non-discriminatory fashion. 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 performance of services under this
Agreement. ACRA agrees to meet all requirements of the applicable city, state, and federal laws
respecting discrimination.
17. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, representatives, successors and assigns and to any person into
or with which any party hereto may merge, consolidate, or reorganize.
18. Acknowledgements. The parties declared that they have read and understand the
terms of this Agreement, that they have had an opportunity to be represented by counsel with regard to
the execution of this Agreement, and that they execute this Agreement voluntarily and without being
pressured or influenced by any statement or representation made by any person acting on behalf of
anyone else.
19. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers,
employees, insurers, from and against all liability, claims and demands on account of injury, loss, or
damage, arising out of or in any manner connected with this Agreement, if such injury, loss, or damage
is caused in whole or part, or is claimed to be caused in whole or part by, the act, omission, error,
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mistake, negligence, or other fault of ACRA, employee, representative, or agent. ACRA agrees to
investigate, handle, respond to, and to provide a defense for and defend against any such liability,
claims or demands at the sole expense of ACRA, or at the option of the City, ACRA agree 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 part by the act, omission, or other fault of the City,
its officers, or its employees, the City shall reimburse ACRA for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees. If any lawsuit challenges the
City's authority to impose the visitor benefits tax, the City shall be primarily responsible for the defense
of the suit.
21. Attorneys' Fees. In any dispute regarding this Agreement, the substantially prevailing
party shall be entitled to an award of its attorneys' fees, costs, expenses, and expert fees.
20. No Warranties. Except as expressly set forth in this Agreement, the parties have not
made and make no other representations, warranties, statements, promises or agreements to each
other.
21. Entire Agreement. The parties agree that this Agreement represents the entire
agreement and supersedes all prior agreements between and among them with regard to the subject
matter set forth herein, and may not be amended nor may any condition contained herein be waived
except by written instrument signed by all parties.
22. Notices. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt requested,
to:
City:
City Manager
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
With copy to:
City Attorney
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
ACRA:
Debbie Braun, President and CEO
Jennifer Albright Carney, COO
590 North Mill Street
Aspen, Colorado 81611
With Copy to:
Maria Morrow
Oates, Knezevich, Gardenswartz, Kelly &
Morrow, P.C.
533 East Hopkins Ave. —Third Floor
Aspen, Colorado 81611
23. Counterpart Signatures. This document may be executed in counterpart original copies,
with the original signatures on separate pages to be collated together on one original form of the
agreement.
CITY OF ASPEN, a municipal corporation
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57DA402114FE1942V
Docuftmd br..
OocuElpn d hy.
r' l'
Attest: P{Io[. If {t.1M1.dIl,iRA.I
By: Sara Ott, City Manager
City Clerk
Attest:
Secretary
ASPEN CHAMBER RESORT ASSOCIATION
u Ma -1G13f6,50kwn _
By: Debbie Braun, President
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Exhibit A
Scope of Services for Destination Marketing and Visitor Center Operations
SECTION I: Destination Marketing Services
A. General Nature and Content of Services Produced. The general nature and content of advertising
paid for by the marketing fund shall follow these guidelines: the purpose of advertising and promotion
shall be to enhance the year-round economy, benefit resident quality of life, and support public welfare
of the City as a whole; advertising and promotional efforts shall avoid undue emphasis upon any
particular commercial activity or enterprise that might be construed to create a competitive
disadvantage to other similar commercial enterprises; and there shall be no advertising or promotion
that is misleading or deceptive and therefore opposed to the public interest or prejudicial to the
interests of the City.
B. Destination Marketing Plan. ACRA shall present a marketing plan and budget for City
Council's consideration for the forthcoming calendar year. City Council may approve the budget
for the marketing plan as it may deem necessary ("Destination Marketing Plan"). The
Destination Marketing Plan shall include the following:
1. planning and implementing the advertisement, promotion, development and management of
tourism and special events in the City of Aspen.
2. tourism advertising, written and graphic materials, and cooperative and matching
promotional materials;
3. gathering and disseminating information on the tourist industries and attractions of the City
of Aspen;
4. purchasing such equipment, materials, and supplies as shall be necessary, to be used solely
for tourist promotion;
5. contracting for those services and materials as may be incidental, necessary, and appropriate
to the accomplishment of the purposes of the fund, including but not limited to, administrative,
secretarial, clerical, or professional services deemed necessary;
6. attracting and supporting conferences, conventions, and meetings of a commercial, cultural,
educational, or social nature to the City of Aspen;
7. attracting and supporting sporting events and social and cultural events sponsored by non-
profit organizations;
8. staffing, operation and programming for the ACRA Visitor Centers, details of which are
included in Visitor Center section below.
The City of Aspen and ACRA agree that Winterskol and the FOOD & WINE Classic in Aspen are
destination worthy and locally serving events. Further, should ACRA, at its own discretion and direction,
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chose to continue to produce such events, such events shall be included in the Destination Marketing
Plan.
C. Destination Marketing Plan Implementation. ACRA shall be solely responsible for planning and
implementation of specific details of the Destination Marketing Plan, and may include the lodging
community in such planning. ACRA shall monitor the program and ensure conformance to its budget. At
least 62 percent of the funds are to be expended on program costs, rather than on support or staff.
ACRA shall not use fund proceeds for operational costs or expenses not directly attributable to the
purposes of this Agreement, or for expenses not identified in its annual marketing plan and budget
initial or revised) as approved by the City Council.
D. Marketing Advisory Committee: ACRA's Marketing Advisory Committee shall meet at least annually in
the last quarter of each calendar year to review the Destination Marketing Plan for the City's following
fiscal year, prior to presentation to the City Council. ACRA may also present to the Aspen Lodging
Association dependent on the status of that organization. The City Manager shall appoint two city staff
to the Marketing Advisory Committee.
SECTION II: Visitor Center Operations
A. Provision of Visitor Center(s). Throughout the term of this Agreement, the City of Aspen shall provide
at least two visitor centers (one main visitor's center and one ancillary visitor's center) wherein
information and services will be provided to visitors and residents, creating a welcoming experience to
the City of Aspen. ACRA will staff, operate, and program the City of Aspen Visitor Centers, as part of its
annual Destination Marketing Plan. Visitor Centers will generally be a clearing house for all Aspen
information of interest to guests. ACRA shall provide information and services to the general public
including current events and activities, tips for responsible and respectful visitation, the physical layout
of Aspen, directions, business information, and lodging information to facilitate lodging reservations.
Information and referrals provided from all Visitor Center locations shall be provided without
consideration of the ACRA membership status of the businesses to which such referrals are made. Such
information and referrals shall be based solely upon the interests of the individuals or groups requesting
the information and referrals.
B. Visitor Center Location[s). ACRA will operate the City of Aspen Visitors Centers, in accordance with
the budget approved as part of the Destination Marketing Plan. As of commencement of this
agreement, currently includes three locations as follows: 590 North Mill Street, Wheeler Opera House,
and the Guest Services Pavilion. Upon occupancy of intended move to the Armory, 590 North Mill Street
will cease operations. The total number of in town visitor center locations, and hours of operations
subject to change, but there shall always be one main visitor center, and one outpost visitor center.
C. Visitor Center Hours. ACRA will make every effort to ensure that visitor centers are staffed to
accommodate visitor flows, typically with a Monday— Friday presence from 8:30am-5pm, in addition to
weekend hours as needed seasonally for at least one downtown core location. ACRA will provide at
least one Visitor Center year around. ACRA will make reasonable efforts to have the Armory visitor
center open during Saturday Market Hours from June 1— Labor Day weekend each year.
D. Visitor Center Reporting. The ACRA shall maintain traffic flow reports documenting visitor center
traffic by day and shall supply such reports to the City upon request. Per ACRA review of visitor center
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data, ACRA, at its own discretion, may amend hours of operation, scheduling, staffing and/or suspend
services at a location.
E. Responsibility for Visitor Center Facilities.
1. The City shall be responsible for maintaining the visitor center facilities in good repair, except
for maintenance necessitated by the negligent acts of ACRA or its agents.
2. It is intended ACRA will retain use of existing guest service pavilion structure through the
2022-2023 winter season and summer of 2023. The City of Aspen will continue to make utilities available
at the guest services pavilion at the current service level. A new pavilion structure/moveable option
may be implemented to replace existing structure on/or around October 1, 2023 to align with the target
ACRA move in date to the Armory. Replacement to begin October 1, 2023 may be weather dependent.
ACRA will provide the City with proposed concept structures/moveable options to replace the pavilion
for consideration. Should the existing pavilion be removed, the City will be responsible for permitting
and the expense to remove.
3. During the term of this Agreement, maintenance responsibilities for the 590 North Mill Street
and Armory spaces shall be as specified in the Lease Agreement(s) between ACRA and the City.
4. The City will provide signage as appropriate on main thoroughfares to direct visitors to the
facilities.
S. The City of Aspen shall provide snow removal services on and around the guest services
pavilion as part of its Cooper Street mall maintenance work program. Such services shall be in
accordance with the normally planned and scheduled work program, shall be at no additional cost, and
shall not be unreasonably withheld. Should a new pavilion structure be implemented, the City of Aspen
will continue to provide snow removal services.
SECTION Ill. Other Restrictions and Provisions.
A. Public Presentation of Marketing Information. ACRA will provide 8 complimentary admissions to the
City to any event intended to present the status of marketing efforts, marketing research, or the use of
marketing funds.
B. U.S. Forest Service Partnership. The Parties will work together to enter into a mutually agreeable
partnership contract with the US Forest Service, to fund additional support services -- including staffing
from the US Forest Service to be located within the main City of Aspen visitor center location. The
objective of the partnership is to provide useful and relevant trail condition, public land etiquette,
federal public land permitting and information, and educational opportunities as appropriate. ACRA and
the City will make good faith efforts to negotiate a contract for such services to be available no later
than summer 2024.
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Exhibit B
Facility Lease General Terms for 130 S. Galena Street, Aspen
A. Intent Prior to Renovation. ACRA and the City agree that ACRA will relocate its administrative offices
for destination marketing, ACRA membership services, and main visitor center to the Armory at 130 S.
Galena Street, Aspen, Co 81611 with a target of October 1, 2023, but no later than October 1, 2024.
B. Description of the Premises for Interim Use. ACRA will have exclusive use of the first floor of the
building for administrative office functions and for the City of Aspen Visitor Center. A diagram of the
currently proposed layout is attached hereto. The lease will include the right to use common space
containing bathrooms, kitchen, elevator, meeting rooms, and the lawn at Connor Park. The City of
Aspen will provide utilities, recycling, trash, security and parking.
C. Interim mature of Use. ACRA and the City recognize that the City intends to complete a significant
renovation of the property at 130 S. Galena Street, and during such time of renovations, ACRA will be
required to relocate, at its expense, its administrative offices, furniture, and materials for the duration of
the renovation activities. The City and ACRA shall split 50/50 the cost and expense of ACRA moving into
the Amory with a maximum payment of $7,500 by the City. The expenses of ACRA moving the visitor
center operations and destination marketing staff out of the Armory for the renovation, and back into
the Armory after the renovation, shall be submitted as part of the destination marketing funds budget,
and paid from destination marketing funds. Rent shall be abated for the period of the renovation, until
the City of Aspen re -delivers the premises as set forth in Paragraph F below. In the event the City of
Aspen has vacant spaces available in other facilities or leaseholds, the City of Aspen shall provide ACRA a
first right to occupy such spaces at rental rates consistent with the Lease
D. Notice to Vacate. The City will provide no less than 180-day notice of vacate the premises at the
Armory.
E. Rent. In consideration for ACRA's agreement to move its offices on multiple occasions during the
term, ACRA's base rent under the Lease shall be discounted to annual rate of $23.37 per square foot of
occupiable administrative office space for the entire term. ACRA shall pay a prorated share of common
expenses, such as recycling, trash, and common area maintenance. The prorated share shall be not
greater than the square footage of the ACRA occupiable administrative offices divided by the square
footage of the total amount of occupied space (not including common space, storage space, or other
space that is not occupiable as an office) in the 130 S. Galena Street building. For clarity, the calculation
of ACRA's "occupiable administrative office space" shall not include entryways, passageways, hallways,
common storage areas, or circulation areas. ACRA shall not be required to pay any rent, whether base
rent or common area charges, for the City of Aspen's Visitor Center space. The City of Aspen shall be
responsible for the cost of alternative visitor center space during the renovation.
F. After the renovation of 130 S. Galena Street, the City of Aspen shall provide ACRA with exclusive use
of not less than 2,500 square feet of finished occupiable administrative office space. The amount of
space may be reduced below 2500 square feet if the parties mutually agree in writing. The space shall
be fully finished, with flooring, lighting, painted walls, wiring, plumbing and utilities installed at the
request, advice and approval of ACRA. The building itself shall provide additional space for use by ACRA
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of common bathrooms, kitchen, elevator and meeting rooms. ACRA shall be entitled to occupy the new
facility on the same terms and conditions of the Lease, except that the rent and CAMS shall be re -
prorated to reflect the new occupiable administrative office space. Additionally, ACRA will have
exclusive use of approximately 1,000 square feet of finished space for the City of Aspen visitor center on
the first floor. Rent for the new occupiable administrative office space after the renovation shall be
renegotiated prior to the commencement of occupancy. The parties shall use their best good faith
efforts to determine and agree upon a monthly rent. The parties acknowledge and agree that the
purpose of the rent adjustment is not to align the rent with rates in the free market, and that the rent
being charged under the Lease is intentionally below market due to ACRA's status as a non-profit
organization. In the event the parties cannot mutually negotiate and agree upon a new rent amount
prior to the commencement of a new lease term, then each party shall employ an appraiser
knowledgeable in the Aspen market and the two appraisers so employed shall determine the new rent.
If the two appraisers shall be unable to agree upon a new rent, three appraisers so employed shall
determine the rent. Should the appraisers fail to establish a new rent prior to the commencement of a
new lease term, Lessee shall continue to pay that rent as then in effect for the present lease term until
the new rent has been fixed, at which time the difference between the rent so paid and that payable
under the new rate from the beginning of the new lease term shall be paid to Lessor by Lessee.
G. The term of the Lease shall be five (5) years with the right to renew consistent with the Tourism
Promotion Fund Agreement, to which this Exhibit "B" is attached. In the event the City of Aspen lawfully
terminates this Agreement as to the destination marketing services, ACRA may vacate the Visitor's
Center and fifty percent of the administrative office space, through the remainder of the term of the
Lease. The Lease shall remain in effect as to the remainder of the space until the end of the term, with
rent and common expenses to be re -prorated to the square footage occupied.
H. Completion of the Final Lease. ACRA and the City agree to work in good faith to finalize the lease for
130 S. Galena Street by May 31, 2023, incorporating these terms.
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2022 Master Contract (execution copy)[9]
Final Audit Report 2023-03-20
Created: 2023-03-20
By: John Davies Qdavies@aspenchamber.org)
Status: Signed
Transaction ID: CBJCHBCAABAAOIIDfGQZet5OUkmhfzlHAGOT764gnx_c
2022 Master Contract (execution copy)[9]" History
Document created by John Davies Qdavies@aspenchamber.org)
2023-03-20 - 9:51:03 PM GMT
P- 4 Document emailed to Debbie Braunn (dbraun@aspenchamber.org) for signature
2023-03-20 - 9:51:21 PM GMT
Email viewed by Debbie Braunn (dbraun@aspenchamber.org)
2023-03-20 - 9:58:12 PM GMT
do Document e-signed by Debbie Braunn (dbraun@aspenchamber.org)
Signature Date: 2023-03-20 - 9:58:26 PM GMT - Time Source: server
Agreement completed.
2023-03-20 - 9:58:28 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
M Adobe Acrobat Stgn
85
Page 1 of 5
Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
MEMORANDUM
TO: Mayor Rachael Richards and Aspen City Council
FROM: Haley Hart, Long-Range Planner
Emmy Oliver, Lodging & Commercial Core Program Manager
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: June 16, 2025
MEETING DATE: June 24, 2025
RE: Policy Resolution #077, Series of 2025
Amendments to the Land Use Code related to Short-term Rental
Regulations and Definitions
_____________________________________________________________________
REQUEST OF COUNCIL: Resolution #077, Series of 2025 would give formal policy
direction to Community Development staff to pursue potential Land Use Code
amendments related to the following sections of the Land Use Code: Short-term Rental
Regulations (26.530), Definitions (26.104.100), and other applicable sections of the code
as necessary in support of and in consistency with the topics identified above via a Policy
Resolution.
Staff recommends that Council approve Resolution #077, Series of 2025.
SUMMARY AND BACKGROUND: The Land Use Code (LUC) amendments proposed
within this Memorandum and accompanying Resolution #077, Series of 2025 are a direct
outcome of staff’s conversation with City Council at a February 24, 2025 Work Session
(see Exhibit A). During the Work Session, Council discussed seven topics that had been
brought to Council and staff’s attention through direct feedback from STR customers and
community members. Six of the topics involved process and administrative updates to
the program, and the seventh topic, caps on STR permits in the R/MF zone, was
acknowledged to be of increased complexity and to require additional staff time and
Council discussion. Council directed Community Development staff to proceed with
research and policy update proposals for the six administrative topics within the STR
regulations in Chapter 26.530 of the LUC, and to schedule a separate discussion of caps
in the R/MF zone district.
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
This memorandum and accompanying Policy Resolution proposes updates to the STR
chapter and definitions chapter. This Policy Resolution will give approval to both the six
administrative and process-related topics for Council’s consideration and future
amendments to the R/MF zone district. Staff will be returning to Council at a later date to
discuss and request direction for potential updates to the number of STR permits allowed
in the R/MF zone district.
Though primarily administrative in nature, the six topics and associated LUC amendment
proposals discussed below are intended to clarify existing application requirements for
STR permits, increase compliance with existing regulations, and provide exemptions for
unique circumstances that were unaccounted for at the time the STR regulations were
last updated in 2022.
1. Modification of Public Notice Requirement in Zone Districts where Unlimited Numbers
of STR Permits are Allowed
The first of the six proposed amendments is related to the Public Notice that is a required
step in the STR permit application process. Current STR regulations require both mailed
and posted notices in all zone districts. Staff have received feedback that the mailing of
notices produces excessive paper waste, and property owners that receive notices in
uncapped zones have indicated that notices are unnecessary because STR activity is
both assumed and highly concentrated. Council directed staff to pursue a modification of
the Public Notice requirements, but only in Zone Districts where caps for STR permits do
not exist.
2. Elimination of Homeowner’s Association (HOA) Affidavit Requirement for STR Permit
Renewal Applications
The second amendment proposal relates to the HOA Affidavit requirement in annual STR
permit renewal applications. STR code requires a signed letter from an HOA with any
STR permit application. The code does not delineate whether the application is new or
whether it has been submitted annually as a part of the permit renewal process.
Staff have received feedback that this requirement produces a significant burden on
managers of large HOAs during the annual permit renewal process as they must
physically sign an affidavit for each customer seeking permit renewal. Council
unanimously directed staff to modify the requirement for annual renewal applications only.
3. Exemption from Tax Filing Requirement for Properties Under Construction
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
The third proposal involves the Tax Filing Requirement. Presently, STR permittees must
demonstrate that they have utilized their STR permit at least once per calendar year, by
filing STR taxes with the City, to be eligible to renew their permit for the following year.
The code provides no exceptions to this rule, and this has caused some permittees to
postpone renovations of their properties due to the inability to file taxes while under
construction (and for fear that they will subsequently lose their permit when unable to
renew). STR permittees have requested exemptions from this requirement so that they
do not forfeit a permit due to upgrading the property and being unable to take rentals
during construction. Staff was directed by Council to pursue amendments to this code
section so that an STR permittee may request an exemption to the requirement if they
can provide proof of an active building permit.
4. Exemption from Non-Transferability Clause in Case of Permittee Death
The non-transferability section of the STR code is at the core of the fourth topic for
potential amendments. STR permits may only be issued to one individual property owner
and are ineligible for transfer to any other individual at any time, without exception.
Transferability of permits is a major concern for permittees engaged in estate planning,
and staff have received frequent requests for the ability to transfer an STR permit to a
surviving spouse in the event of the death of a permittee. Council supported modification
of the non-transferability requirement for this reason in February 2025, and the majority
of Council directed staff to inquire about broader parameters for transferability within
families as opposed to only between spouses.
5. “Run Out” Period to Honor Bookings After Sale of a Permitted Property
The fifth topic for consideration is a “run out” period to allow owners to honor rental
agreements that were entered into prior to the sale of a permitted property. Because STR
permits are non-transferable, they are automatically forfeited when a permitted property
is sold, and a seller’s permit is not eligible for transfer to a buyer. Real estate professionals
often note that when a STR property sells, and the seller has pre-existing binding
contracts for rentals that begin after the sale of the property, there is no mechanism for
the new property owner to honor the contracts made by the previous owner. For this
reason, many requests have been made for a “run out” period (or permit type) to allow
new property owners to honor contracts made by the previous owners. Council showed
unanimous support for staff exploring an interim permitting period or mechanism to
support the real estate community through this unique scenario.
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
Do note that this topic was brought to the attention of City Council during a Work Session
on September 19, 2022, and City Council directed staff to make no amendments at that
time.
6. Addition of Accountability Mechanism for STR Advertising Platforms
The sixth and final topic involves the creation of policy designed to hold STR advertising
platforms accountable for publishing only compliant STR advertisements on their print
and digital platforms. Though current STR regulations require customers to format their
STR advertisements to include maximum occupancy and permit number, if staff finds that
information missing from an advertisement, staff cannot identify the owner to hold them
accountable, and the non-compliant advertisement remains posted without repercussion.
By broadening Aspen’s policy to hold advertising platforms accountable for compliance,
staff could request action from the advertising platform when the owner’s contact
information is unavailable.
7. Caps on STR-Classic Permits in the R/MF Zone District
Although this topic requires additional discussion and policy direction from Council, it is
included in Resolution #077, Series of 2025 so that the code will remain open for future
amendments.
The R/MF zone district has a limit, or “cap,” of 190 STR-Classic (STR-C) permits. The
current number of permits in R/MF exceeds that limit by 2 due to permits that pre-date
the caps. There is a waiting list of 48 applications in the R/MF zone. For these reasons,
the question of altering or eliminating caps in R/MF has been frequently raised with
Council and staff. To further the issue, several multi-family buildings that have historically
been used as STRs are located in the R/MF zone and are accordingly subject to the caps.
Representatives for those properties have requested that zoning be re-assessed so they
are not subject to the caps.
Caps in R/MF were determined through the same process by which caps were enacted
in the other 13 zone districts throughout Aspen, and altering the caps in a single zone
district raises equity and overall policy questions. Additionally, there is an absence of a
clear mechanism to differentiate the multi-family properties from other properties in this
residential zone district. Taking these factors into account, the discussion of caps in R/MF
will require significant staff time and attention to arrive at a response. This will be brought
to Council as a standalone topic and will require a different timeline from the six other
topics described above. Staff is in the beginning stages of research and analysis and will
schedule a Work Session with Council in the coming months.
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
DISCUSSION: Since the February 2025 Work Session for STRs, staff has been
conducting initial research, review, and potential redlines of the six topics described
above with internal staff and the attorney’s office. Additionally, staff will continue to
research a seventh topic as discussed during the Work Session related to the R/MF zone
district which will be in front of Council for further discussion at a future date.
At this time, staff recommends that Council approve Resolution #077, Series of 2025, to
formally pursue a Policy Resolution for the seven identified topics above. After an
approved Policy Resolution, staff will conduct limited public outreach, including
conversations with HPC and P&Z, as well as STR permit holders and the technical
advisory team that supported the creation of the STR program to gather
recommendations and feedback on the proposed code updates for the topics described
above.
FINANCIAL IMPACTS: N/A
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: Council could choose not to pursue any or all of the possible code
amendments at this time.
RECOMMENDATIONS: Staff recommends approval of Resolution #077, Series of
2025.
CITY MANAGER COMMENTS:
EXHIBITS:
Resolution #077, Series of 2025
Exhibit A – Staff Memo, Review of the STR Program
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
Page 1 of 4
RESOLUTION #077
SERIES OF 2025
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING POLICIES
AUTHORIZING AMENDMENTS TO THE LAND USE CODE RELATED TO SECTION
26.104.100 - DEFINITIONS AND SECTION 26.530 - SHORT-TERM RENTAL
REGULATIONS
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to initiate
the process of amending the City of Aspen Land Use Code; and,
WHEREAS, Section 26.104.100, Definitions; Section 26.530, Short-term Rental
Regulations; and other sections of the Land Use Code, as necessary, will be proposed for
amendments; and,
WHEREAS, pursuant to Section 26.310.020(A), during a regular City Council meeting
on December 14, 2021, City Council adopted Ordinance #026, Series of 2021, by a unanimous
affirmative vote placing, a moratorium on the issuance of new short-term rental (STR) permits
until September 30, 2022; and,
WHEREAS, during a regular meeting on March 22, 2022, City Council adopted Policy
Resolution #043, Series of 2022, directing staff to develop regulations for STRs related to zoning,
good neighbor policies, operational standards, life safety standards, permitting, financials, and
enforcement; and,
WHEREAS, during a regular meeting on June 28, 2022, City Council approved Ordinance
#09, Series of 2022 at Second Reading by a unanimous affirmative vote, establishing a robust set
of regulations governing the licensing, permitting, capping, inspecting, enforcing, and creation of
a new fee structure for services performed for STRs; and,
WHEREAS, Ordinance #09, Series of 2022 became effective on July 29, 2022, and at the
expiration of the moratorium created by Ordinance #026, Series of 2022, the City began issuing
new STR permits on October 1, 2022; and,
WHEREAS, during a Work Session on February 24, 2025, staff updated City Council on
the STR program, and during that meeting received majority direction from City Council to
proceed with exploring policy updates for administrative topics and future policy related topics
related to streamlining STR permit application requirements, increasing compliance with existing
regulations, providing exemptions for unique circumstances unaccounted for in the current STR
regulations, and the R/MF Zone District permit cap number; and,
WHEREAS, amending the Land Use Code as described below will ensure the ongoing
effectiveness, coordination, and viability of the regulations within the City of Aspen Land Use
Code; and,
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
Page 2 of 4
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department, following approval of this Policy Resolution, will conduct a limited public outreach
effort to inform the public, STR program participants, the Historic Planning Commission, the
Planning and Zoning Commission, and members of the STR Technical Advisory Committee of
the proposed updates; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides direction
to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1:
City Council approves the following objectives for possible code amendments:
1. Streamline the STR permit application process and provide increased clarity and
detail around application requirements.
a. Modify the public notice requirements for new STR permit applications
when the property is in a Zone District that does not have a cap on the number
of available STR permits. Updated requirements would remove the mailing
notice and require a poster notice only (Section 26.530.040 - Permit Procedures
and Standards).
b. Eliminate the requirement for a signed letter from a property’s
Homeowner’s Association (HOA) on annual STR permit renewal applications
(Section 26.530.040 - Permit Procedures and Standards).
c. Add language to specify that STR permit renewal applications must be
complete to be accepted by the City (Section 26.530.040 - Permit Procedures
and Standards). Add language stating that falsification of information on STR
permit applications is against municipal law (Section 26.530.060 -
Enforcement).
2. Provide exemptions for unique circumstances that are not accounted for in current
STR regulations.
a. Modify the tax filing requirement to provide a one-time exemption for
permittees with active building permits. Provide an additional exemption to the
tax filing requirement for “act of nature” emergencies. (Section 26.530.040 -
Permit Procedures and Standards).
b. Modify the non-transferability clause to provide an exemption in the case
of permittee death, whereby a deceased’s STR permit may be transferred to a
person designated on the permittee’s estate planning documents (26.530.030 -
Permitting Requirements and 26.530.040 - Permit Procedures and Standards).
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Resolution #077, Series of 2025
Land Use Code Amendments
Policy Resolution
Page 3 of 4
c. Create a fourth Short-term Rental Temporary (STR-T) permit type that
allows a new property owner to honor STR booking agreements made by the
previous property owner for a period of not more than three (3) months after
the sale of the property has occurred (26.530.030 - Permitting Requirements,
26.530.040 - Permit Procedures and Standards, 26.530.050 - Occupancy and
Operational Standards).
3. Increase compliance with and provide additional avenues for enforcement of
existing STR advertising requirements.
a. Add definition for “Vacation Rental Service” (26.104.100 - Definitions).
b. Add language requiring Vacation Rental Services to take down
advertisements of STRs located within the City of Aspen that do not comply
with the City’s STR advertising requirements (26.530.050 - Occupancy and
Operational Standards).
c. Add language requiring Vacation Rental Services to enable a mandatory
permit number field on STR advertising templates for properties in the City of
Aspen, where applicable (26.530.050 - Occupancy and Operational
Standards).
d. Create a new code subsection that clearly outlines existing permittee
advertising requirements in addition to Vacation Rental Service advertising
requirements (26.530.050 - Occupancy and Operational Standards).
e. Correct the misspelling of “complaint” (26.530.060 - Enforcement).
4. Allow for future amendments related to the R/MF Zone District.
Section 2:
This resolution 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 resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this resolution 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.
FINALLY, adopted this 24th day of June, 2025.
______________________________________
Rachael Richards, Mayor
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Land Use Code Amendments
Policy Resolution
Page 4 of 4
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________
Nicole Henning, City Clerk Katharine Johnson, City Attorney
94
1
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Emmy Oliver, Lodging and Commercial Core Program Manager
THROUGH: Ben Anderson, Community Development Director
MEMO DATE: February 18, 2025
MEETING DATE: February 24, 2025
RE: City Council Work Session
Review of the Short-term Rental (STR) Program
REQUEST OF COUNCIL:
The purpose of this work session is to review Short-term Rental (STR) Program data, respond to
Council’s questions about the STR Program, and to introduce policy topics for which Council may
wish to explore Land Use Code (LUC) changes. Staff requests consensus Council direction for
any STR program changes the Council desires for staff to pursue.
SUMMARY AND BACKGROUND:
In December of 2021, following an unprecedented expansion of the Aspen STR market during
Covid-19, City Council passed Ordinance #26, Series of 2021, which instated a moratorium on
the issuance of new STR permits (Exhibit A, Ordinance #26, Series of 2021). The moratorium
was a direct response to escalated community concerns about the proliferation of STRs. Lasting
approximately ten months, the moratorium provided space for staff to closely engage with the
community and Council in the development of new regulations governing STRs in Aspen.
At the beginning of the moratorium, five “problem statements” were identified by Council
(Memo_Second Reading of Ordinance #09, Series of 2022). These problem statements guided
staff’s work in developing the new STR policy:
1) STRs are a land use distinct from residential and lodge uses. Yet land use regulations
do not make that distinction. This results in a variety of inequities and community
impacts which our current system fails to address.
2) Aspen has not sought to mitigate the impacts of STRs on employee generation and other
infrastructure and service demands.
3) The community has not established review criteria to ensure basic health and safety
standards for individual STRs, or to provide common expectations related to property
management and guest behavior standards.
4) The scale and rapid expansion of STRs are changing the nature of important aspects of
neighborhood and community character in ways that we are just beginning to understand.
It is clear that some STRs are operating as commercial uses in dedicated residential zone
districts.
5) STRs, particularly in multi-family developments, have accelerated the transition of many
housing units that previously were owned or rented by working locals into de facto lodge
units. The displacement of locals from these units over time is not a new trend, but STRs
have brought a new scale and pace to this challenge.
95
2
On June 28, 2022, Council adopted the new set of STR regulations in Ordinance #09, Series of
2022 (Exhibit C, Ordinance #09, Series of 2022). Ordinance #09 established definitions for STRs,
a three-permit system, caps on STR-C permit availability, permitting requirements and fee
structure, occupancy and operational standards, active enforcement, and a non-transferability
clause. Staff began operating under the new regulations on October 1, 2022.
In addition to the new land use regulations, City of Aspen voters approved excise taxes on STR
revenue as codified in Resolution #106, Series of 2022 (Exhibit D, Resolution #106, Series of
2022). The following excise tax rates became effective for all STR stays commencing on or after
May 1, 2023:
• STR-C (investment properties): 10% excise tax
• STR-OO and STR-LE (primary resident and lodge properties): 5% excise tax
Council requested periodic updates about program functionality. Up to now, staff have provided
those updates in the form of information-only memos. This will be the first Council Work Session
to discuss performance and policy topics since the launch of the program.
Essential Program Data
Figure A. Annual STR Excise Tax Revenue by Permit Type
Figure A shows STR excise tax revenue collected in 2023 and 2024. It is important to note that
that 2023 figures only reflect eight (8) months of collections, and that December 2024 figures
reflect unaudited collections and are still subject to change. STR-OO and STR-LE figures are
combined because the tax rate is 5% for each of those permit types.
STR excise tax revenue collected in 2023 totals $3,393,571. STR excise tax revenue collected
in 2024 totals $6,937,942. STR excise tax revenue collected to date totals $10,331,513.
$2,383,903
$1,009,668
$4,853,907
$2,084,035
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
$8,000,000
STR-C STR-OO & LE
2023 2024
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3
Figure B. Allocation of STR Excise Tax Revenue (2023-2024 combined)
Aspen voters approved at least 70% of the STR excise tax revenue to be allocated to affordable
housing development, and the remaining 30% to be allocated to environmental initiatives and
infrastructure maintenance and repair. Of the remaining 30% of revenue, 75% is allocated to the
Asset Management Plan Fund and 25% to the General Fund. Figure B illustrates the allocation
of combined tax revenue from 2023 and 2024 to these City funds to date.
Figure C. Annual Administrative Fee Revenue
Figure C illustrates the administrative fee totals collected in 2023 and 2024. Administrative fees
are paid by the applicant at the time a STR permit application is submitted.
Asset
Management
Plan Fund
$2,324,590
General Fund
$774,864
Housing
Development
Fund
$7,232,059
$422,120 $377,698
$0
$100,000
$200,000
$300,000
$400,000
$500,000
2023 2024
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4
Figure D. Allocation of STR Administrative Fee Revenue (2023-2024 combined)
Figure D shows how the administrative fees are allocated within the City organization. Revenue
is split between Community Development, Finance, and the City Attorneys for staff labor.
Administrative fees also offset the cost of the permitting and tax collection software utilized by
customers and staff.
Figure E. Number of STR Units from 2023-Present
Figure E depicts the number of STR unit types from 2023 to present. A slight decline in all property
types can be seen from 2023-2025, culminating in an 89% renewal rate for Classic properties, a
97% renewal rate for Lodging Exempt properties, and an 83% renewal rate for Owner Occupied
properties. Overall, there has been an 8.9% decline in the total number of STRs since 2023. The
decline can be attributed to some of the following factors:
• Switch to long-term rentals,
• Forfeiture of permits due to property sales,
• Attrition of permits in capped zones, and
• Decisions to stop renting on a short-term basis.
City
Attorney's
Office
$142,648
Finance
Department
$206,139
Community
Development
Department
$451,031
740
392
76
698
385
72
658
379
63
0
100
200
300
400
500
600
700
800
STR-C STR-LE STR-OO
2023 2024 2025
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5
STAFF DISCUSSION:
During a November 2024 Council meeting, Councilors posed a series of questions to staff about
the STR program. Answers to those questions follow.
Question 1: In response to the Frias Properties representative’s public comments about
the HOA signoff required for annual permit renewal, is there a way to simplify that process?
Language requiring HOA approval was adopted in Ordinance #09, Series of 2022: “Permit
applications for residential properties which are in a Homeowners Association (HOA) must include
HOA approval for the applicant to operate an STR in the form of a signed letter, including
telephone and email contact information for the HOA, with the permit application.” (Exhibit C,
Ordinance #09, Series of 2022)
Currently, a signature from an HOA representative is required with each new permit application,
and updated signatures are required for annual permit renewal. Annual HOA signoffs are required
by staff because HOAs have been known to change their STR permissions from year to year.
Certainly, if Council directs staff to adjust the HOA signoff for renewal applications, staff could
explore paths to ease the burden on HOA managers and simplify the permit renewal process.
Question 2: Regarding outstanding applicants in the different zone districts, help us better
understand what the STR market and those seeking permits that aren’t able to get them
mean? Review the caps and outstanding applicants in different zones. What happens to
people who apply but permits are unavailable?
Ordinance #09 established limits on the maximum number of STR-C permits available in 14 of
Aspen’s residential-serving zone districts (Exhibit C, Ordinance #09, Series of 2022). The purpose
of the limits (AKA “caps”) is to curtail neighborhood impacts of STRs, limit conversion of long-term
and owner-occupied housing to STRs, and distribute STR uses within appropriate zones
throughout the community. Caps do not apply to STR-OO or STR-LE permits.
Figure F: Permit Cap Analysis (as of 2/14/25)
0 0 0
46
0 5 0 1 0 4 0 0 0 00
20
40
60
80
100
120
140
160
180
200
AH MU NC R/MF R/MFA R-15 R-15A R-15B R-3 R-30 R-6 RR SCI SKI
Permit Cap # Active Permits # Applications on Waitlist
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6
Figure F illustrates the numbers of active and waitlisted STR-C accounts in all 14 (fourteen)
capped zones, alongside the cap for each zone. There are currently waitlists for STR-C permits
in 4 (four) of the fourteen (14) capped zones. Waitlist totals are shown by the numbers along the
horizontal axis in Figure F.
In 6 (six) of the 14 (fourteen) capped zones, the number of active permits is equal to the permit
cap. When an STR-C permit application is received for a property in these zones, it is placed on
a waitlist for the next available permit, which would be issued when an existing permit is
relinquished by the owner. In 5 (five) of the fourteen (14) of capped zones, the number of active
permits is less than the permit cap. STR-C permits are currently available to applicants without
a waitlist in these zones.
In 3 (three) out of fourteen (14) zones, the number of active permits is greater than the cap. In
these zones (R/MF, R-30, and SCI), permits that predate the moratorium have not yet been
reduced to the caps through attrition. Applications for STR-C permits are placed on waitlists in
these zones, and new permits will be available once the number of active permits falls below the
caps.
Figure G. STR-C Waitlist Sizes, 2022-2025
Figure G illustrates the fluctuations in waitlists for STR-C permits. The R/MF waitlist, indicated by
the line climbing steadily at the top half of Figure G, is the obvious outlier. Staff received twenty-
0
5
10
15
20
25
30
35
40
45
50
Oct-22 Jan-23 Apr-23 Jul-23 Oct-23 Jan-24 Apr-24 Jul-24 Oct-24 Jan-25
R-6 R-15 R-15B R-30 R/MF
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7
two (22) applications for STR-C permits in R/MF zone within the first two (2) months of the
program, and the waitlist has increased to forty-six (46) applications since 2022. The R-30 waitlist
has also only increased in size since 2022; there are four (4) applicants on this waitlist currently.
Due to the slow rates of permit attrition in these zones, no new permits have been issued in R-30
or R/MF since 2022.
Dips in the lines, as shown for R-6, R-15, and R-15B zones, indicate reductions in the waitlist size
at points when permits became available to applicants in the top positions for those zones.
Question 3: Regarding STR violations, how many have been issued, what are the nature of
the violations, where were they located, and were they licensed?
Staff follows the City’s policy of progressive enforcement in responding to STR issues. In
alignment with this policy, staff must first validate any alleged compliance issue before proceeding
through enforcement steps. When an issue is validated, staff works with owners to educate them
about how to come into compliance through a series of courtesy contacts and, if necessary, formal
warnings. If the issue is not corrected after outreach and a formal warning, only then will a Notice
of Violation (NOV) be issued to the property owner. The NOV is the last step in the enforcement
process before a summons to court, fines, and/or jail time is imposed.
Figure H. STR Compliance Summary, 2022-2025
The purpose of progressive enforcement is to encourage compliance through education rather
than to impose punitive measures. As shown in Figure H, only 6% of alleged compliance issues
at STR properties have resulted in NOVs. A total of three (3) NOVs have been issued to property
owners for STR issues. While all the subject properties have subsequently come into compliance,
details of those NOVs are as follows:
• Two (2) for unpermitted STR use (R-6 and R/MF zones), and
• One (1) for improper waste disposal that resulted in a wildlife intrusion at an STR-
permitted property (R-6 zone).
0
10
20
30
40
50
60
# Issues
Identified
# Courtesy
Outreach
Contacts
# Warnings
Issued
# Notices of
Violation
Issued
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Figure I. Number of STR Compliance Issues Reported, 2022-2025
The public can report STR issues directly to City staff through the Aspen 311 Connect app. Staff
also utilize active measures, such as reviewing internet advertisements, to detect issues at STR
properties. As shown in Figure I, of the fifty-three (53) total compliance issues identified since
2022, 26% of those issues were nuisance-related (noise and smoke).
Figure J. STR Compliance Issues by Zone District, 2022-2025
Figure J depicts the number of compliance issues reported per zone district. 81% of all issues
were reported to have occurred in zones that are capped for STR-C permits. The majority of
issues were reported for properties in the AH zone, however it should be noted that reports in AH
were primarily for lighting- and nuisance-related issues at free-market properties.
Question 4: How do STR tax collections compare to 2022 estimates?
As mentioned previously, Aspen voters approved the STR excise tax in 2022 (Exhibit D,
Resolution #106, Series of 2022). While estimating potential revenue for the first full year of the
proposed tax, staff in 2022 were required to make many assumptions of the 2024 pool of STR
permits, including:
• The average nightly rental rate in 2024,
14
12
11
8
3
3
1
1
Nuisance
No Permit
Wildlife Intrusion
Lighting
Renter Complaint
Waste Container
HOA Approval
Snow Removal
0
2
4
6
8
10
12
14
16
AH R-6 L R/MF MU R-15 R-15B R-30
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9
• The distribution of STR-LE, STR-OO, and STR-C permits,
• The number of permits in uncapped zones,
• The pace of permit attrition in capped zones, and
• The economic conditions that would exist in 2024.
Staff added a buffer to the estimate of revenue to reflect these and other unknown factors, as well
as to limit the need to seek additional direction from voters if collections surpassed an estimate
that was too low.
The 2022 estimate of 2024 STR excise tax collections combined from all three permit types was
$9,140,000. The 2024 actual STR excise tax collections totaled $6,937,942.
Question 5: Should we have an equal tax rate across all rentals of less than 30 days? Could
the program be more successful if we rethought some initial assumptions about tax rates?
Council considered the following factors when landing on differential tax rates for the three types
of STR permits:
• Community sentiment,
• Delta in property taxation between residential and commercial properties, and
• Delta in housing mitigation fees paid at time of development of commercial lodge
properties.
Prior to the 2022 STR tax ballot question, Frederick Polls conducted voter polling to understand
voter acceptance of a new tax, the preferred taxation rate(s), and possible supported uses for the
revenue. Of the 322 registered voters polled, 65% wanted investor-owned rentals (STR-C
permits) to be taxed at a higher rate, while 35% of respondents wanted all STR permits to be
taxed at the same rate.
This community sentiment aligned with staff and consultant recommendations for STR-LE
properties, which were historically used as lodge properties and had already paid affordable
housing mitigation, to be taxed at a lower rate than properties with STR-C permits. STR-OO
permits, which are intended for full time residents as an occasional source of supplemental
income, also fell into the lower tax category since their community impacts would be less than
those of the STR-C permits.
Question 6: What are we learning about what's falling through the cracks? There's a way
to create 31-day lease; is there any way to evaluate how much of that is happening? What
are people doing to get around our regs?
Short-term rentals are differentiated from long-term rentals by the length of stay. STRs are defined
by stays of 29 days (or less) at a time, while rentals of 30 days (or more) at a time constitute long-
term rentals. Long-term rental income is tax exempt, and while the City requests that long-term
rental income is reported, the number of rental days per year is not a requirement for reporting.
Long-term rental business licenses have increased overall in recent years, however it is difficult
to assess whether the increase is due to an increase in long-term activity, an increase in reporting
frequency, or an increase in compliance with licensing requirements. It should also be noted that
some STR accounts hold long-term rental business licenses and STR permits at the same time.
For these reasons, it is difficult to conclude that owners are scheduling long-term rentals in lieu of
STRs.
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10
Staff have received reports from members of the public about properties being rented as STRs
without permits, however without definitive evidence that an STR is occurring (such as an
advertisement for rental of less than 30 days), staff is unable to successfully pursue enforcement
in those instances. As mentioned previously, staff have validated two instances of STRs occurring
without permit. Those two properties were issued NOVs and have since come into compliance.
Question 7: Is there empirical data to show how the program is preserving or generating
housing for primary residents? It was an initial goal of the program. Can we demonstrate
any results?
In many communities pursuing STR regulation, the clearly stated desire has been to try to protect
housing for locals. Due to the nature of Aspen's real estate and residential markets, it was clearly
understood at the time Ordinance #09 was passed that the intentions were not to preserve actual
housing units, but instead to reduce and mitigate the impacts of the STR as a growing land use
type on the community. From problem statement 5,
“STRs, particularly in multi-family developments, have accelerated a transition of many
housing units that previously were owned or rented by working locals into de facto lodge
units. The displacement of locals from these units over time is not a new trend, but STRs
have brought a new scale and pace to this challenge.”
Data to understand correlation from problem statement number 5 is hard to draw conclusions
from, however staff would reference the low number of enforcement cases against STRs as
evidence that community impacts are being mitigated. Though the program does not directly
preserve or generate housing for locals, 70% of STR excise tax revenue is allocated to funding
affordable housing for locals ($7,232,059 to date). These funds are direct contributions to the cost
of housing stock for primary residents.
STAFF OBSERVATIONS AND REQUESTS FOR DIRECTION
Over the last two years of program operation, staff have identified several recurring and potentially
problematic themes within the STR regulations. The following topics are the primary sources of
concern for program participants (and in some cases, staff). Staff requests Council majority
direction as to Council’s desire to explore code updates for the following topics.
Non-Transferability Language
STR permits may only be issued to one individual owner with at least 10% interest in the STR
property. Permits are non-transferable to other individuals or properties and are terminated and
revoked upon a property sale. Non-transferability provisions support the attrition of permits in
capped zones and subsequent movement of applications on waitlists, and they give new property
owners a chance to obtain a permit where they may otherwise be monopolized if transfers were
allowed between owners.
Non-transferability of permits is a major concern for permittees engaged in estate planning. Many
married couples rely heavily on income from STR properties, and if a spouse who is named on
an STR permit passes away, the surviving spouse must apply to obtain an entirely new permit
and could be subject to waiting periods for such permit. Staff have received frequent requests for
the ability to transfer an STR permit to the surviving spouse in the event of the death of a
permittee.
Question 1 for Council: Does Council desire to update non-transferability language so that
a permit may be transferred to a spouse in the event of death of the permit holder?
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11
Permit Cap in R/MF Zone
The R/MF zone has the largest waitlist of any capped zone (see Figure G). Due to the slow rate
of permit attrition in R/MF, staff estimates it may take up to two more years until a STR-C permit
becomes available to the first applicant on the waiting list for permits in R/MF.
Staff often receive questions from real estate professionals and potential buyers about whether
the limits on the number of STR-C permits will be raised or eliminated altogether in the R/MF zone
due to the slow rate of attrition and related large waitlist size.
Question 2 for Council: Does Council wish to adjust or eliminate the cap on STR-C permits
in the R/MF zone district?
Permit Application Requirements: Public Notice and HOA Affidavit
To help mitigate the impacts of STRs on surrounding properties, all new STR properties must
complete a public notice prior to approval of the permit. Notices are posted on STR properties
and mailed to surrounding neighbors.
Staff has received feedback that the mailing of notices produces excessive paper waste, and that
notices should be sent virtually instead of through paper mail (though virtual notice is not permitted
by the land use code). Property owners receiving notices in uncapped zones, where STR activity
is heavily concentrated, have indicated that notices are entirely unnecessary because STR
activity is both assumed and widespread. STR code does not delineate between sending notices
in some but not all zone districts.
Question 3 for Council: Does Council desire to revise the public notice requirement to
exempt properties in zones where caps on STR-C permits do not exist?
An HOA affidavit is a required submission with any STR permit application. The affidavit notifies
an HOA that an owner is applying for STR permit, and it absolves the City of interpreting or
applying HOA rules. If a property is subject to an HOA, the signature of an HOA member is
required on the affidavit. Staff and Council have heard requests that this requirement be adjusted
or removed altogether as it produces a significant burden on managers of large HOAs during the
annual permit renewal process.
Question 4 for Council: Does Council wish to eliminate the need for the signature of an
HOA member on STR permit renewal applications?
Tax Filing Requirement
STR owners must demonstrate that they have utilized their STR permit at least once per calendar
year to be able to renew their permit for the following year. Permit use is verified via an account’s
tax filings when an owner applies to renew the permit, and accounts with $0 in tax filings are
ineligible to renew the permit. This policy encourages owners to obtain permits only when
necessary, and helps ensure that attrition of permits occurs in zones where permits are limited,
and waitlists may be in effect.
Some STR owners have expressed frustration at the inability to utilize their permits while their
property is under construction for renovation. These owners have requested exemptions from this
rule, so they do not forfeit a permit due to upgrading the property and being unable to take rentals
during that time. The STR code does not provide any exemptions for tax filing requirements.
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12
Question 5 for Council: Would Council like to revise the tax filing requirement to exempt
permitted properties that are under construction and unable to engage in short-term
rentals for an entire calendar year?
Advertising Platform Accountability
The majority of staff’s active enforcement work involves the attempt to identify illegal STRs in the
community. To achieve this, advertisements on internet rental platforms are reviewed to verify
that the properties are permitted. To aid in the identification of permitted properties, STR operators
are required to post STR permit numbers in all ads of the property.
STR permit numbers are absent from approximately 40% of online STR advertisements in Aspen.
Also absent from many of the same ads is identifying information for the property owner or
address, which makes verification of the legality of the STR extremely difficult. Even though the
property owner is responsible for compliance with these requirements, in many cases, staff cannot
identify the owner to hold them accountable.
A handful of Colorado municipalities are combatting this issue by holding advertising platforms
accountable for publishing only compliant advertisements on their websites. In these instances,
when a municipality finds an STR ad that is out of compliance with its regulations, staff contact
the website directly to request that the ad is either brought into compliance or removed from the
site. Staff are confident that the overall compliance of internet advertisements (and illegal STR
advertisements) would increase dramatically if Aspen adopted a similar approach.
Question 6 for Council: Is Council open to revising Aspen’s requirements to hold STR
booking platforms accountable for posting only ads that clearly show valid STR permit
numbers for the STR property?
“Run Out” Period for STR Bookings
Non-transferability language in Ordinance #09 states that STR permits are forfeited upon the sale
of a property and may not be transferred to a new owner when a property transaction occurs. One
issue noted consistently by the rental community is that when a STR property sells, and the seller
has pre-existing binding contracts for rentals that begin after the sale of the property, there is no
mechanism for the new property owner to honor the contracts made by the previous owner. Rental
professionals have often asked for a “run-out” period or permit type to allow new property owners
to honor contracts from the old owners.
Potential consequences of these situations for the seller and new buyer include financial liability
to their customers, damage to the reputation of rental agencies involved, and compliance issues
for new property owners choosing to honor the existing rentals before a permit is rightfully
obtained.
This topic was presented during a Council Work Session in 2022 at the request of the lodging
community (Exhibit F, Memo_STR Run-out Work Session). A Council majority decided that the
City should not be the arbiter of such situations involving property transactions and contracts
that the City is not a party to. Staff continues to believe that regulating these “run-out” instances
puts the City in a difficult situation to evaluate the unique circumstances of each situation, and
that offering a “run-out” period for each permit would raise equity issues for applications that
have been on waitlists for permits.
Due to the frequency with which these “run-out” questions are received, staff is noting this issue
purely for Council’s awareness.
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13
POLICY / REGULATORY TOPICS IN SUMMARY:
Staff desires a Council majority position on each of these topics for further staff exploration and
possible future code amendments:
1. Does Council desire to update non-transferability language so that a permit may be
transferred to a spouse in the event of death of the permit holder?
2. Does Council wish to adjust or eliminate the cap on STR-C permits in the R/MF zone
district?
3. Would Council like to revise the public notice requirement to exempt properties in
zones where caps on STR-C permits do not exist?
4. Does Council desire to eliminate the need for the signature of an HOA member on
STR permit renewal applications?
5. Would Council like to revise the tax filing requirement to exempt properties that are
under construction and unable to engage in short-term rentals for an entire calendar
year?
6. Is Council open to revising compliance requirements to hold STR booking platforms
accountable for posting only compliant ads that show permit numbers for the STR
property?
Are there any other topics not listed here that a Council majority would like to explore further?
CITY MANAGER COMMENTS:
EXHIBITS:
Exhibit A – Ordinance #26, Series of 2021
Exhibit B – Memo_Second Reading of Ordinance #09, Series of 2022
Exhibit C - Ordinance #09, Series of 2022
Exhibit D - Resolution #106, Series of 2022
Exhibit E – Memo_STR Tax Polling Results and Next Steps
Exhibit F – Memo_STR Run-out Work Session
107
MEMORANDUM
TO: Mayor and Aspen City Council
FROM: Matthew Gillen, APCHA Executive Director, Emily Maynard, APCHA
Housing Policy Analyst
MEMO DATE: June 16, 2025
MEETING DATE: June 24, 2025
RE: Ratifying the 2025 APCHA Five-Year Strategic Plan
REQUEST OF COUNCIL: Per the IGA, the APCHA Board are required to adopt a
strategic plan every 5 years, which the APCHA Board did on May 7, 2025 . The IGA also
states that the BOCC and City Council need to ratify the plan. APCHA staff is bringing
the adopted 2025 Strategic Plan to the City Council for ratification.
BACKGROUND: APCHA took feedback from the community in the form of a survey
and community forums. The Board scheduled a half-day retreat to incorporate feedback
from the community and workshop the plan, which includes four values that apply to the
plan’s four goals. Each goal includes one to three strategies and is based off the
common themes from the community feedback sessions. The goals will be used to
establish annual priorities and work plans. Staff will also bring the plan to the BOCC for
ratification.
DISCUSSION: Matthew will be available to answer questions about the plan.
RECOMMENDATION: The APCHA Board and staff recommend the Council ratifies the
2025-2030 Strategic Plan.
ATTACHMENT: APCHA Strategic Plan 2025.pdf
108
RESOLUTION # 085
(Series of 2025)
A RESOLUTION OF THE CITY OF ASPEN RATIFYING THE ASPEN PITKIN COUNTY
HOUSING AUTHORITY 2025 – 2030 STRATEGIC PLAN
WHEREAS, there has been submitted to the City Council the Aspen Pitkin County
Housing Authority 2025 – 2030 Strategic Plan, adopted by the Aspen Pitkin County
Housing Authority (APCHA) on or about May 7, 2025, a copy of which is attached
hereto, and
WHEREAS, pursuant to the City of Aspen and County of Pitkin Intergovernmental
Agreement (IGA) adopted on or about May 13, 2019, the City of Aspen and County of
Pitkin must ratify the strategic plan adopted by the APCHA, and
WHEREAS, the City Council finds that it is in the best interests of the citizens of the City
of Aspen County to ratify the Aspen Pitkin Count y Housing Authority 2025 – 2030
Strategic Plan.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby ratifies the Aspen
Pitkin County Housing Authority 2025 – 2030 Strategic Plan, a true and correct copy of
which is attached hereto.
FINALLY, adopted, passed and approved by the City Council of the City of Aspen on the
24th 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 on the day hereinabove stated.
_______________________________
Nicole Henning, City Clerk
109
The Aspen Pitkin County Housing Authority STRATEGIC PLAN
ASPEN PITKIN COUNTY HOUSING AUTHORITYSTRATEGIC PLAN
110
MISSION
APCHA supports affordable workforce housing for a sustainable community and a
prosperous economy.
We accomplish our mission through equitable policies, accountable management, and innovative
development to meet the changing needs of APCHA residents and the community. We effectively
communicate and partner with the community to accomplish this mission.
VISION
APCHA aspires to cultivate the country’s most vibrant mountain community – diverse, connected,
healthy, and thriving.
VALUES
Public Trust
Do what is ethical and in the public’s interest. Protect the housing
program’s integrity and accountability. Demonstrate equal
opportunity, fairness, and consistency in all actions.
Quality Service
Provide respectful, friendly, timely, consistent, and proactive
customer service. Provide fair and compassionate service. Increase
program simplicity and clarity to improve the customer experience.
Transparency Communicate frequently and accurately to increase public awareness
and understanding of the program, its rules, and decisions.
Accountability
Promote inventory and occupancy integrity. Adopt organizational
best practices. Create a culture of continuous improvement and
accountability. Demonstrate excellent financial stewardship and
governance.
Efficiency &
Effectiveness
Implement state-of-the-art systems, processes, and policies that
will increase customer and staff efficiency. Demonstrate value and
verifiable results to public and decision makers through reliable data
and reporting.
Equity
Provide equal opportunity of access to housing for qualified workers
at various income levels. Provide consistent and even-handed
enforcement of the housing regulations.
Innovation
Foster creative solutions to solve problems and increase cooperation
in the community. Be open to new and more effective ways of doing
business. Have a long-term vision and strategy for success.
MISSION
APCHA supports affordable workforce housing for a sustainable community and a
prosperous economy.
We accomplish our mission through equitable policies, accountable management, and innovative
development to meet the changing needs of APCHA residents and the community. We effectively
communicate and partner with the community to accomplish this mission.
VISION
APCHA aspires to cultivate the country’s most vibrant mountain community – diverse, connected,
healthy, and thriving.
VALUES
Public Trust
Do what is ethical and in the public’s interest. Protect the housing
program’s integrity and accountability. Demonstrate equal
opportunity, fairness, and consistency in all actions.
Quality Service
Provide respectful, friendly, timely, consistent, and proactive
customer service. Provide fair and compassionate service. Increase
program simplicity and clarity to improve the customer experience.
Transparency Communicate frequently and accurately to increase public awareness
and understanding of the program, its rules, and decisions.
Accountability
Promote inventory and occupancy integrity. Adopt organizational
best practices. Create a culture of continuous improvement and
accountability. Demonstrate excellent financial stewardship and
governance.
Efficiency &
Effectiveness
Implement state-of-the-art systems, processes, and policies that
will increase customer and staff efficiency. Demonstrate value and
verifiable results to public and decision makers through reliable data
and reporting.
Equity
Provide equal opportunity of access to housing for qualified workers
at various income levels. Provide consistent and even-handed
enforcement of the housing regulations.
Innovation
Foster creative solutions to solve problems and increase cooperation
in the community. Be open to new and more effective ways of doing
business. Have a long-term vision and strategy for success.
MISSION
APCHA supports affordable workforce housing for a sustainable community and a
prosperous economy.
We accomplish our mission through equitable policies, accountable management, and innovative
development to meet the changing needs of APCHA residents and the community. We effectively
communicate and partner with the community to accomplish this mission.
VISION
APCHA aspires to cultivate the country’s most vibrant mountain community – diverse, connected,
healthy, and thriving.
VALUES
Public Trust
Do what is ethical and in the public’s interest. Protect the housing
program’s integrity and accountability. Demonstrate equal
opportunity, fairness, and consistency in all actions.
Quality Service
Provide respectful, friendly, timely, consistent, and proactive
customer service. Provide fair and compassionate service. Increase
program simplicity and clarity to improve the customer experience.
Transparency Communicate frequently and accurately to increase public awareness
and understanding of the program, its rules, and decisions.
Accountability
Promote inventory and occupancy integrity. Adopt organizational
best practices. Create a culture of continuous improvement and
accountability. Demonstrate excellent financial stewardship and
governance.
Efficiency &
Effectiveness
Implement state-of-the-art systems, processes, and policies that
will increase customer and staff efficiency. Demonstrate value and
verifiable results to public and decision makers through reliable data
and reporting.
Equity
Provide equal opportunity of access to housing for qualified workers
at various income levels. Provide consistent and even-handed
enforcement of the housing regulations.
Innovation
Foster creative solutions to solve problems and increase cooperation
in the community. Be open to new and more effective ways of doing
business. Have a long-term vision and strategy for success.
APCHA supports affordable and durable workforce housing for a sustainable
and prosperous community.
APCHA is dedicated to cultivating a dynamic/vibrant mountain community
by implementing forward thinking housing policies.
Quality
Service
Efficiency
Effectiveness
Innovation
Provide respectful, friendly, timely, consistent and
proactive customer service that is fair, transparent
and equitable.
Implement high-quality systems, processes and
policies for staff and customers.
Deliver verifiable results through reliable and
accessible data and reporting that strengthens
public trust.
Foster creative solutions to solve problems,
improve effectiveness and ensure long-term success.
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GOALS
Goals to achieve APCHA’s mission will be used to establish annual priorities and workplans.
Strategies identified as potential priorities for fiscal year 2021 are indicated by an asterisk. As the
2021 work plan and budget is developed, these priorities might change. In addition, the tactical
elements for each strategy will be developed within the annual workplan.
1 Pursue organizational excellence
An organization maintains and enhances its
institutional structure and credibility through financial
and professional integrity, strong governance, and
excellent decision-making. Strong organizational
capacity will allow APCHA to fulfill its mission and
vision, create value by providing a broad range of
products and services, and innovate to maintain
our relevance.
STRATEGIES
1. Improve the governance and
operational infrastructure*
2. Ensure success and full
implementation of HomeTrek
2 Ensure financial and housing stock wellbeing within the
current financial realities of the city and county
An organization maintains and enhances its
institutional structure and credibility through financial
and professional integrity, strong governance, and
excellent decision-making. Strong organizational
capacity will allow APCHA to fulfill its mission and
vision, create value by providing a broad range of
products and services, and innovate to maintain
our relevance.
STRATEGIES
1. Improve the governance and
operational infrastructure*
2. Ensure success and full
implementation of HomeTrek
These four goals to achieve APCHA’s mission will be used to establish annual
priorities and workplans. As the work plan and budget is developed, these priorities
might change. In addition, the tactical elements for each strategy will be developed
within the annual workplan.
1 COMPLIANCE
APCHA administers
optimized affordable
housing regulations
and solutions for those
that are qualified.
STRATEGIES
1. Continue to apply regulations to ensure all those
residing in APCHA housing meet eligibility requirements.
2. Design and implement an APCHA pre-qualification
training program by 2026.
2 QUALITY
APCHA stewards a
safe, durable housing
inventory and provides
excellent customer
service.
STRATEGIES
1. Friendly, accessible and transparent customer service.
2. Effective, efficient and user-friendly systems and
processes throughout the customer journey.
3. Partner with HOAs and stakeholders on maintenance
strategies and approach to achieve a well maintained
inventory by 2030.
3 COMMUNITY
APCHA is cognizant
of the evolving
needs of the
program and
strives to meet
those needs.
STRATEGIES
1. Evaluate and update eligibility income requirements
and categorization by 2030.
2. Assess APCHA housing needs, gaps and assets to
inform policy reform by 2030.
3. Provide options to optimize rightsizing of housing
inventory by 2028.
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4 LEADERSHIP
APCHA board and
staff are aligned
with and guided
by community
priorities and
organizational
values.
STRATEGIES
1. Actively support and advance proactive and
regionally responsive housing policies.
2. Board and staff provide clear, consistent and
transparent communication to strengthen
and maintain public trust.
3. Consistent and proactive community outreach and
engagement to foster collaborative relationships.
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ADDENDUM TO
CITY OF ASPEN AND ACRA
TOURISM PROMOTION FUND AGREEMENT
DATED JANUARY 1, 2023
THIS ADDENDUM, effective this ___ day of June 2025, by and between the CITY OF ASPEN (the
“City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”), concerns the following:
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree
as follows:
1. The penultimate sentence of Paragraph 13 of CITY OF ASPEN AND ACRA TOURISM PROMOTION
FUND AGREEMENT DATED JANUARY 1, 2023, (the “Agreement”) is hereby deleted in its entirety
and replaced with the following:
Either party may terminate this agreement without cause effective March 31st
of any year covered by the agreement; provided, however, that written notice is
delivered to the other party not later than September 30th of the year preceding
the date on which termination is to become effective.
2. Exhibit B, paragraph H, of the Agreement, shall be deleted in its entirety and replaced with the
following:
H. ACRA and the City agree that ACRA’s occupation of the premises assigned to it
at 130 S. Galena Street shall continue on the terms consistent with its prior
lease at the Old Powerhouse as modified by this Exhibit B. If the parties agree
that such is appropriate and necessary, a new lease may be executed at any
time following the date of this Addendum.
3. All other terms of the Agreement not amended or otherwise inconsistent with the terms of this
Addendum shall remain in full force and effect and the parties retain all rights, claims, defenses
and privileges set forth therein.
4. This document may be executed in counterpart original copies, with the original signatures on
separate pages to be collated together on one original form of the agreement.
CITY OF ASPEN, a municipal corporation
Attest: __________________________________
_____________________________ By: Pete Strecker
City Clerk
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ASPEN CHAMBER RESORT ASSOCIATION
Attest: ___________________________________
By: Debbie Braun, President
_____________________________
Secretary
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2025 Maroon Creek Pipeline Joint Repair
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2025-247
AGREEMENT made as of June 13th 2025.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Elite Pipeline Services, Inc.5220 Edgewater DriveAllendale, MI 49401US616-726-8286cjonaitis@elitepipeline.com
For the Following Project:
Exhibits appended and made a part of this Agreement:
The City and Vendor agree as set forth below.
The City and Professional agree as set forth below.
If this Agreement requires the City to payan amount of money in excess of$100,000.00 it shall not be deemed validuntil it has been approved by the CityCouncil of the City of Aspen.
City Council Approval:
Date: 06/24/2025
Resolution No.: 2025-092
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, andFee Schedule.
Total: shall not exceed$120,000.00 by 9/8/2025
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SUPPLY PROCUREMENT
1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, ormaterials as described in Exhibit A, appended hereto and by this reference incorporated herein,for the sum of set forth above.
2. Delivery. (FOB Aspen Water Department 500 Doolittle Dr Aspen, CO 81611)
3. Contract Documents. This Agreement shall include all Contract Documents as the same arelisted in the Invitation to Bid or Request for Proposals and said Contract Document are herebymade a part of this Agreement as if fully set out at length herein.
4. Warranties. N/A
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to thebenefit of and be binding upon the City and the Professional respectively and their agents,representatives, employee, successors, assigns and legal representatives. Neither the City northe Professional shall have the right to assign, transfer or sublet its interest or obligationshereunder without the written consent of the other party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scopeof Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a writtenNotice to Proceed from the City and complete all phases of the Scope of Work asexpeditiously as is consistent with professional skill and care and the orderly progress of theWork in a timely manner. The parties anticipate that all Work pursuant to this Agreementshall be completed no later than 09-08-2025, with the installation and operation of all theequipment no later than 09-08-2025. Upon request of the City, Professional shall submit, forthe City's approval, a schedule for the performance of Professional's services which shall beadjusted as required as the project proceeds, and which shall include allowances for periods oftime required by the City's project engineer for review and approval of submissions and forapprovals of authorities having jurisdiction over the project. This schedule, when approved bythe City, shall not, except for reasonable cause, be exceeded by the Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time andexpense basis for all work performed. The hourly rates for work performed by Professionalshall not exceed those hourly rates set forth at Exhibit A appended hereto. Except asotherwise mutually agreed to by the parties the payments made to Professional shall notinitially 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 consideredincorrect or untimely, the City shall review the matter with Professional within ten days fromreceipt of the Professional's bill.
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9. Non-Assignability. Both parties recognize that this Agreement is one for personal servicesand cannot be transferred, assigned, or sublet by either party without prior written consent of theother. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilitiesor obligations under this Agreement. Professional shall be and remain solely responsible to the Cityfor the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, eachofwhomshall,forthispurposebedeemedtobeanagentoremployeeoftheProfessionaltotheextentof the subcontract. The City shall not be obligated to pay or be liable for payment of any sums duewhich may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceledby the City prior to acceptance by the City whenever for any reason and in its sole discretion theCity shall determine that such cancellation is in its best interests and convenience
11. TerminationofProfessionalServices.TheProfessionalortheCitymayterminatetheProfessionalServices component of this Agreement, without specifying the reason therefor, by giving notice, inwriting, addressed to the other party, specifying the effective date of the termination. No fees shall beearned after the effective date of the termination. Upon any termination, all finished or unfinisheddocuments, data, studies, surveys, drawings, maps, models, photographs, reports or other materialprepared 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 damagessustained by the City by virtue of any breach of this Agreement by the Professional, and the City maywithhold any payments to the Professional for the purposes of set-off until such time as the exactamount of damages due the City from the Professional may be determined
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties thatnothing contained in this agreement shall result in, or be construed as establishing an employmentrelationship. Professional shall be, and shall perform as, an independent Contractor who agrees touse his or her best efforts to provide the said services on behalf of the City. No agent, employee, orservant 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 ofconductingtheworkareunderthesolecontrolofProfessional. NoneofthebenefitsprovidedbyCityto its employees including, but not limited to, workers' compensation insurance and unemploymentinsurance, are available from City to the employees, agents or servants of Professional. ProfessionalshallbesolelyandentirelyresponsibleforitsactsandfortheactsofProfessional'sagents,employees,servants and subcontractors during the performance of this contract. Professional shall indemnifyCity against all liability and loss in connection with, and shall assume full responsibility for paymentof all federal, state and local taxes or contributions imposed or required under unemploymentinsurance, social security and income tax law, with respect to Professional and/or Professional'semployees engaged in the performance of the services agreed to herein.
13. 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, onaccount 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 kindwhatsoever, which arise out of or are in any manner connected with this contract, to the extent andforanamountrepresentedbythedegreeorpercentagesuchinjury,loss,ordamageiscausedinwhole
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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 theProfessional, or any officer, employee, representative, or agent of the Professional or of anysubcontractor of the Professional, or which arises out of any workmen's compensation claim of anyemployee of the Professional or of any employee of any subcontractor of the Professional. TheProfessional 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 theCity, agrees to pay the City or reimburse the City for the defense costs incurred by the City inconnection with, any such liability, claims, or demands. If it is determined by the final judgment ofa court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part bythe act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse theProfessional for the portion of the judgment attributable to such act, omission, or other fault of theCity, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policiesof insurance sufficient to insure against all liability, claims, demands, and otherobligationsassumedbytheProfessionalpursuanttoSection8above.Suchinsuranceshall be in addition to any other insurance requirements imposed by this contract orby law. The Professional shall not be relieved of any liability, claims, demands, orother obligations assumed pursuant to Section 8 above by reason of its failure toprocure or maintain insurance, or by reason of its failure to procure or maintaininsurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of theProfessional to procure and maintain, the minimum insurance coverages listed below. Suchcoverages 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, andother obligations assumed by the Professional pursuant to Section 8 above. In the case of anyclaims-made policy, the necessary retroactive dates and extended reporting periods shall beprocured to maintain such continuous coverage.
(i)Worker'sCompensation insurancetocoverobligationsimposedbyapplicablelaws for any employee engaged in the performance of work under this contract, andEmployers' Liability insurance with minimum limits of ONE MILLION DOLLARS($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)disease-policylimit,andONEMILLIONDOLLARS($1,000,000.00)disease-eachemployee. Evidence of qualified self-insured status may be substituted for theWorker's Compensation requirements of this paragraph.
(ii)Commercial General Liability insurance with minimum combined singlelimits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREEMILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable toallpremisesandoperations.Thepolicyshallincludecoverageforbodilyinjury,broadform property damage (including completed operations), personal injury (including
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coverage for contractual and employee acts), blanket contractual, independentcontractors, products, and completed operations. The policy shall include coveragefor explosion, collapse, and underground hazards. The policy shall contain aseverability of interests provision.
(iii)Comprehensive Automobile Liability insurance with minimum combinedsingle limits for bodily injury and property damage of not less than ONE MILLIONDOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS($1,000,000.00)aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policyshall contain a severability of interests provision. If the Professional has no ownedautomobiles, the requirements of this Section shall be met by each employee of theProfessional providing services to the City under this contract.
(iv)Professional Liability insurance with the minimum limits of ONE MILLIONDOLLARS ($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 andthe City's officers and employees as additional insureds. Every policy required aboveshall be primary insurance, and any insurance carried by the City, its officers oremployees, or carried by or provided through any insurance pool of the City, shall beexcess and not contributory insurance to that provided by Professional. No additionalinsured endorsement to the policy required above shall contain any exclusion forbodilyinjuryorpropertydamagearisingfromcompletedoperations.TheProfessionalshallbesolelyresponsibleforanydeductiblelossesunderanypolicyrequiredabove.
(d) The certificate of insurance provided by the City shall be completed by the Professional'sinsurance agent as evidence that policies providing the required coverages, conditions, andminimum limits are in full force and effect, and shall be reviewed and approved by the Cityprior to commencement of the contract. No other form of certificate shall be used. Thecertificate shall identify this contract and shall provide that the coverages afforded under thepolicies shall not be canceled, terminated or materially changed until at least thirty (30) daysprior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing therequired coverages, conditions, and minimum limits shall constitute a material breach ofcontract upon which City may immediately terminate this contract, or at its discretion Citymay procure or renew any such policy or any extended reporting period thereto and may payany and all premiums in connection therewith, and all monies so paid by City shall be repaidby Professional to City upon demand, or City may offset the cost of the premiums againstmonies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and anyendorsement thereto.
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(g) The parties hereto understand and agree that City is relying on and does not waive orintend to waive by any provision of this contract, the monetary limitations or any other rights,immunities, and protections provided by the Colorado Governmental Immunity Act, Section24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, itsofficers, or its employees. City's Insurance. The parties hereto understand that the City is amember of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as suchparticipates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manualare kept at the City of Aspen Risk Management Department and are available to Professionalfor inspection during normal business hours. City makes no representations whatsoever withrespect to specific coverages offered by CIRSA. City shall provide Professional reasonablenotice of any changes in its membership or participation in CIRSA.
15. City's Insurance. The parties hereto understand that the City is a member of the ColoradoIntergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSAProperty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen RiskManagement Department and are available to Professional for inspection during normal businesshours. City makes no representations whatsoever with respect to specific coverages offered byCIRSA. City shall provide Professional reasonable notice of any changes in its membership orparticipation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entireundertaking of the parties relevant to the subject matter thereof and there are no verbal or writtenrepresentations, agreements, warranties or promises pertaining to the project matter thereof notexpressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by certifiedmail return receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religionshall be made in the employment of persons to perform services under this contract. Professionalagrees 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 itsboards, agencies, or departments shall:(a) Implement an employment nondiscrimination policy prohibiting discrimination inhiring, discharging, promoting or demoting, matters of compensation, or any otheremployment-related decision or benefit on account of actual or perceived race,color, religion, national origin, gender, physical or mental disability, age, militarystatus, sexual orientation, gender identity, gender expression, or marital orfamilial status.(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mental
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disability, age, military status, sexual orientation, gender identity, genderexpression, or marital or familial status.The foregoing provisions shall be incorporated in all subcontracts hereunder.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operateas a waiver of any subsequent breach of the same or any other term. No term, covenant, or conditionof this Agreement can be waived except by the written consent of the City, and forbearance orindulgence 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 completeperformance by Professional of said term, covenant or condition, the City shall be entitled to invokeanyremedyavailabletoitunderthisAgreementorbylawdespiteanysuchforbearanceorindulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties heretoand their respective heirs, executors, administrators, successors, and assigns. Notwithstandinganything to the contrary contained herein, this Agreement shall not be binding upon the City unlessduly executed by the City Manager of the City of Aspen (or a duly authorized official in the CityManager’s absence) and if above $100,000, following a Motion or Resolution of the Council of theCity of Aspen authorizing the City Manager (or other duly authorized official in the City Manager’sabsence) to execute the same.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retainedto solicit or secure this Contract upon an agreement or understanding for a commission,percentage, brokerage, or contingent fee, excepting bona fide employees or bona fideestablished commercial or selling agencies maintained by the Professional for the purposeof securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer ofemployment in connection with any decision, approval, disapproval, recommendation,preparation of any part of a program requirement or a purchase request, influencing thecontent of any specification or procurement standard, rendering advice, investigation,auditing, or in any other advisory capacity in any proceeding or application, request forruling, determination, claim or controversy, or other particular matter, pertaining to thisAgreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of theCityduringthetermofthisAgreementhasorone(1)yearthereaftershallhaveanyinterest,direct or indirect, in this Agreement or the proceeds thereof, except those that may havebeen disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions againstcontingent fees, gratuities, kickbacks and conflict of interest, the City shall have the rightto:
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1. Cancel this Purchase Agreement without any liability by the City;2. Debar or suspend the offending parties from being a Professional, contractor orsubcontractor under City contracts;3. Deduct from the contract price or consideration, or otherwise recover, the value ofanything transferred or received by the Professional; and4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year arecontingent upon funds for that purpose being appropriated, budgeted and otherwise madeavailable. If this Agreement contemplates the City utilizing state or federal funds to meetits obligations herein, this Agreement shall be contingent upon the availability of thosefunds for payment pursuant to the terms of this Agreement.
23. 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,supersededorextendedexceptbyappropriatewritteninstrumentfullyexecutedbytheparties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal orunenforceable it shall not affect or impair the validity, legality or enforceability of any otherprovision.
(c) The parties acknowledge and understand that there are no conditions or limitations tothis understanding except those as contained herein at the time of the execution hereof andthat after execution no alteration, change or modification shall be made except upon a writingsigned by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from timeto time in effect.
24. Additional Provisions. In addition to those provisions set forth herein and in the ContractDocuments, the parties hereto agree as follows:
[ ] No additional provisions are adopted.
[X] See Exhibit A below.
25. ElectronicSignaturesandElectronicRecords. This Agreement and any amendmentshereto may be executed in several counterparts, each of which shall be deemed an original, and allof which together shall constitute one agreement binding on the Parties, notwithstanding thepossible event that all Parties may not have signed the same counterpart. Furthermore, each Partyconsents to the use of electronic signatures by either Party. The Scope of Work, and any otherdocuments requiring a signature hereunder, may be signed electronically in the manner agreed toby the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreementsolely because it is in electronic form or because an electronic record was used in its formation.
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The Parties agree not to object to the admissibility of the Agreement in the form of an electronicrecord, or a paper copy of an electronic documents, or a paper copy of a document bearing anelectronic signature, on the ground that it is an electronic record or electronic signature or that it isnot in its original form or is not an original.
26. The Professional in performing the Services hereunder must comply with all applicableprovisions 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 bythe Office Of Information Technology pursuant to Section §24-85- 103(2.5) and found at 8 CCR1501-11. Services rendered hereunder that use information and communication technology, as theterm 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 WebContent Accessibility Guidelines (WCAG), currently version 2.1. To confirm that the informationand communication technology used, created, developed, or procured in connection with theServices hereunder meets these standards, Professional may be required to demonstratecompliance. The Professional shall indemnify the CITY pursuant to the Indemnification sectionabove in relation to the Professional’s failure to comply with §§24-85-101, et seq., C.R.S., or theTechnology Accessibility Standards for Individuals with a Disability as established by the Officeof Information Technology pursuant to Section §24-85-103(2.5).
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IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their dulyauthorized officials, this Agreement in three copies each of which shall be deemed an original on thedate first written above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________[Signature] [Signature]
By: _____________________________ By: _____________________________[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approved as to form:
_______________________________City Attorney’s Office
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Superintendent
Josh Brown
6/16/2025 | 4:45:46 AM MDT
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EXHIBIT A
Shall not exceed $120,000 by 9/8/2025
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MEMORANDUM OF UNDERSTANDING
FOR FINANCING OF A REGIONAL HOUSING NEEDS STUDY
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made this 28th day of
May, 2025 by and between the City of Aspen, whose address is 427 Rio Grande Place,
Aspen Colorado 81611 (“Aspen”), the Board of County Commissioners of Pitkin County
Colorado, whose address is 530 East Main St., Aspen Colorado 81611 (the “Pitkin”), and
the Town of Snowmass Village, whose address is 130 Kearns Road, Snowmass,
Colorado 81615 (“Snowmass”), (Collectively the “Parties”).
RECITALS
1. By this MOU, the Parties wish to partner in and share the cost of a Housing Needs
Assessment; and
2. The majority local governments in Colorado are required to complete a housing
needs assessment by December 2026 to comply with SB 24-174; and
3. Colorado voters approved Proposition 123 in 2022 to create the state Affordable
Housing Fund; and
4. To qualify for flexibility in some funding programs under Proposition 123
applicants, who could include the local governments named in this MOU, must submit a
rural resort petition that uses data from a housing needs assessment to show local housing
needs at higher Area Median Incomes (AMIs) than outlined in Proposition 123; and
5. The final Housing Needs Assessment will fulfill SB 24-174 requirements and
provide the necessary components for a rural resort petition; and
6. The Housing Needs Assessment will cover the geographic area including Pitkin
County through Garfield County (Pitkin County, Aspen, Snowmass Village, Basalt,
Garfield County, Carbondale, Glenwood Springs, New Castle, Silt, Rifle, and Parachute);
and
7. Aspen City Council authorized the use of city funds to pay for a Housing Needs
Assessment in compliance with SB 24-174 on February 11th, 2025; and
8. Aspen’s Housing Needs Assessment includes analysis of housing needs in
Snowmass and Pitkin; and
9. Snowmass and Pitkin wish to contribute to the costs of producing the Housing
Needs Assessment; and
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10. Pitkin and Snowmass will benefit from participating in the Housing Needs
Assessment; and
11. The final Housing Needs Assessment will assess the housing need throughout the
region as a whole and include a data carve out for each participating organization.
AGREEMENT
NOW, THEREFORE, for in consideration of the mutual promises and agreements of the
parties and other good and valuable consideration, the adequacy of which is hereby
acknowledged, the parties agree as follows:
1. Aspen, Pitkin, and Snowmass hereby agree to share the costs of the Housing
Needs Assessment equally. The total contract cost is $41,176 per entity.
2. Aspen shall be the primary contact and financial agent between the vendor,
Economics and Planning Systems (EPS), and the members of this agreement.
3. Aspen will invoice Pitkin and Snowmass for expenses twice. The first upon
completion of Phase 1 in June 2025 and the second upon completion of Phase 2 in
December 2026.
4. The parties acknowledge that upon completion of Phase 1 for the Housing Needs
Assessment, the opportunity may arise to expand the scope of Phase 2 to address
additional data or research questions.
5. Should unforeseen expenditures arise, Aspen shall notify the parties as promptly
as possible with the estimate of the increased costs. The parties agree to work
cooperatively and promptly in this circumstance to discuss sources and contributions to
additional funding needs.
6. The parties acknowledge that this agreement will neither bind or preclude future
activities as a result of the Housing Needs Assessment
7. Terms and Extensions This MOU shall commence upon the date first written
above and shall continue each year through written consent as determined by the
Participating Members.
8. Assignability. This MOU is not assignable by any party hereto.
9. Modification. This MOU may be changed or modified only in writing by an
agreement approved by the respective signing members of this MOU.
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10. Entire Memorandum of Understanding. This MOU constitutes the entire MOU
between the parties and all other promises and agreements relating to the subject of this
MOU, whether oral or written, are merged herein.
11. Severability. Should any one or more sections or provisions of this MOU be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or
invalidate the remaining provisions of this MOU, the intention being that the various
sections and provisions hereof are severable.
12. Termination Prior to Expiration of Term. Any Party has the right to terminate or
withdraw from this MOU, with or without cause, by giving written notice to the other
Parties of such termination and specifying the effective date thereof. Such notice shall be
given at least sixty (60) days before the effective date of such termination. Termination of
the MOU relieves the cancelling or withdrawing Party of any further responsibility under
this MOU except for specifically identified obligations of a continuing nature based upon
past performance under the MOU.
13. Notice. Any notice required or permitted under this MOU shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods 1) hand-delivery or 2) registered or certified mail, postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of delivery
on the part of the sender. Nothing contained herein shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a
summons or other legal process.
To: Pitkin County With copies to:
Jon Peacock, County Manager Pitkin County Attorney’s Office
530 East Main Street, Ste 302 530 East Main Street, Ste. 301
Aspen, CO 81611 Aspen, CO 81611
Jon.peacock@pitkincounty.com attorney@pitkincounty.com
To: Town of Snowmass Village With Copies To:
Clint Kinney, Town Manager Town of Snowmass Village Attorney
130 Kearns Road 130 Kearns Road
Snowmass Village, CO 81615 Snowmass Village, CO 81615
ckinney@tosv.com jdresser@tosv.com
To: City of Aspen With Copies to:
Pete Strecker, Interim City Manager City of Aspen Attorney
130 South Galena St 130 South Galena Street
Aspen CO 81611 Aspen, CO 81611
pete.strecker@aspen.gov attorney@cityofaspen.com
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7. Government Immunity. The parties agree and understand that all parties are
relying on and do not waive, by any provisions of this MOU, the monetary limitations or
terms or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from time to time amended or
otherwise available to the parties or any of their officers, agents, or employees.
8. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of the parties. The parties’ obligations under this MOU
are subject to each individual party’s annual right to budget and appropriate the sums
necessary to provide the services set forth herein. No provision of this MOU shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other
financial obligation of any of the parties within the meaning of any constitutional or
statutory debt limitation. This MOU shall not be construed to pledge or create a lien on
any class or source of any of the parties’ bonds or any obligations payable from any class
or source of each individual party’s money.
9. Binding Rights and Obligations. The rights and obligations of the parties under
this MOU shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns.
10. Agreement made in Colorado. This MOU shall be construed according to the
laws of the State of Colorado, and venue for any action shall be in the District Court in
and for Pitkin County, Colorado.
11. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this MOU, the substantially prevailing party, whether by final judgment or
out of court settlement, shall recover from the other party all costs and expenses of such
action or suit including reasonable attorney fees.
12. No Waiver. The waiver by any party to this MOU of any term or condition of this
MOU shall not operate or be construed as a waiver of any subsequent breach by any party.
13. Authority. Each person signing this MOU represents and warrants that said person
is fully authorized to enter into and execute this MOU and to bind the party it represents to
the terms and conditions hereof.
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The foregoing MOU is approved by the Pitkin County, Colorado County Manager, on the
28th day of May, 2025.
The foregoing Agreement is approved by the Town of Snowmass Village Town Manager
on the ____________ day of _____________ 2025.
The foregoing Agreement is approved by the City of Aspen Interim City Manager on the
____________ day of _____________ 2025.
In witness whereof the parties hereto have caused this MOU to be executed as of the day
and year first written.
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PITKIN COUNTY:
By: ___________________________
Kelly McNicholas Kury, Chair
Date: ______________
APPROVED AS TO FORM: MANAGER APPROVAL
By: ___________________________ By:_______________________________
Richard Neiley, III Jon Peacock, County Manager
County Attorney
Jun-03-2025
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TOWN OF SNOWMASS VILLAGE:
APPROVED AS TO FORM: MANAGER APPROVAL
___________________________ _________________________________
Jeff Conklin, County Attorney Clint Kinney, Town Manager
___________________________
Betsy Crum, Housing Director
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CITY OF ASPEN:
APPROVED AS TO FORM MANAGER APPROVAL
___________________________ _________________________________
Kate Johnson, City of Aspen Attorney Pete Strecker, Interim City Manager
__________________________
Diane Foster, Deputy City Manager
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Page 1 of 5
Change Order Form
General Information
Vendor The Vertex Companies, LLC
Change Order Number 1
Date of Issuance 05-29-2025
Project Name Change Order 1 Lumberyard Affordable Housing Development -Phase 0 with Vertex
Project Number 2025-048.01
Project Completion Date 08-01-2025
Project Manager Ben Levenson
COA Account Code 150.441.81200.57310.51641
Project Information
Description Of Service This change order provides for additional environmentaloversight and consulting services at the Aspen Lumberyard siteto address newly discovered lead-contaminated soils outside theoriginal scope of work. It includes remediation monitoring nearWoodward Lane and the equipment yard, as well as expandedproject management support related to the additional scope.
Description Of ChangeOrder Part 1 – Woodward Lane Oversight (estimated max of $22,000T&M):Vertex identified lead-contaminated mine tailings beyond theoriginal excavation boundaries near Woodward Lane. This phaseinvolves up to full-time oversight of soil excavation and disposalactivities in this northern area, estimated to occur over a 10-dayperiod. It includes soil sampling for waste characterization, useof XRF and PID instruments, and routine field expenses.
Part 2 – Equipment Yard Oversight (estimated max of $22,000T&M):During asphalt removal in the southeast corner of the site,additional lead-contaminated tailings were uncovered. Vertexwill provide similar oversight services as in Phase 1—monitoringexcavation, supporting waste classification, and ensuringenvironmental compliance—also based on a 10-day schedulewith associated sampling and equipment costs.
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
9138
Page 2 of 5
Part 3 – Senior Consulting and Project Management (estimatedmax of$36,000 T&M):This phase covers on-call senior environmental consulting andproject management to support regulatory review, site planning,and coordination tasks. It includes strategy development,technical documentation, and coordination with the civilengineer on cut/fill plans. Equipment rentals and all field-relatedexpenses are also included in this phase.
Contract Information
Original Contract Amount $99,140.00
Previous Change Order(s)$0.00
Change Order Amount(If Over $100k ChangeOrder To Be Presented ToCouncil For Approval)
$80,000.00
Final Contract Amount(Including All ChangeOrders)
$179,140.00
Revised Completion Date 08-01-2025
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: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
6/11/2025 | 5:17:42 PM EDT
6/12/2025 | 8:40:29 AM MDT
6/12/2025 | 9:07:48 AM MDT
6/12/2025 | 3:42:24 PM MDT
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Page 3 of 5
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
11140
Page 4 of 5
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
12141
Page 5 of 5
Docusign Envelope ID: F0F1D6ED-4003-4969-90C9-7CA93C6ECF11
13142