HomeMy WebLinkAboutagenda.council.regular.20260210AGENDA
CITY COUNCIL REGULAR
MEETING
February 10, 2026
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
V.Special Orders of the Day
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
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VI.Consent Calendar
VIA.Resolution #021, Series of 2026 - Parks Office Remodel Contract for Office Furniture
with Source OT
VIB.Draft Minutes of January 27th, 2026
VII.Notice of Call-Up
VIII.First Reading of Ordinances
VIII.A.Ordinance #01, Series of 2026 - Additions and Deletions to Title 26 in Support of
Larger Changes to Banners and Flags (Related to Ordinances #02 and #03)
VIII.B.Ordinance #02, Series of 2026 - Additions, Deletions, and changes to Titles 21 and
29 in Support of Changes to Banners and Flags (Related to Ordinances #01 and
#03)
VIII.C.Ordinance #03, Series of 2026 - Banner and Flag Fees Update in Title 2 - in Support
of Larger Changes to Banner and Flags (Related to Ordinances #01 and #02)
IX.Public Hearings
X.Action Items
X.A.
Selection of Tenant for 455 Rio Grande Place
XI.Executive Session
(These matters may be adopted together by a single motion)
Staff_Report_-_Contract_with_SourceOT.docx
Resolution.council.021-26.doc
Exhibit A – Professional Services Agreement with Source Office & Technology.pdf
Exhibit B - Source Office & Technology Proposal.pdf
Exhibit C – OFS Sourcewell Contract Overview.pdf
cc.min.012726.docx
2026.01.28_Staff Report_Ord 010203 series of 2026_Code Amendment
Banners.docx
ORDINANCE_01_-_Remove_Flags_and_Banners_from_Title_26_Final.docx
ORDINANCE_02_-_Adoption_of_Title_21_and_29_-_Banners_Final.docx
Banner Standards_2026_Adopted by Ord 02.pdf
ORDINANCE_03_Banner_Fees_Update_Final.docx
Pursuant to C.R.S. 24-6-402 (4)(a) The purchase, acquisition, lease, transfer, or sale of any real,
personal, or other property interests except that no executive session shall be held for the purpose
of concealing the fact that a member of the local public body has a personal interest in such
purchase, acquisition, lease, transfer or sale; (4)(b)Conferences with an attorney for the local public
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XII.Adjournment
body for purposes of receiving legal advice on specific legal questions; and (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:
The lease, transfer or acquisition of real property or property interests, and contract negotiations,
and communication with counsel regarding such subjects. Due to market forces, negotiation
strategies and confidentiality demands of parties involved, and necessitated by the subject of the
specific legal advice, which further disclosure would be a detriment to the City’s strategic position,
the exact properties cannot be disclosed.
District Court, Water Div. No. 5, Case No 2025CW3177; Concerning the application for water rights
of the Colorado Water Conservation Board, Public Service Company of Colorado and Colorado
River Water Conservation District in Garfield and Eagle Counties.
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STAFF REPORT
TO: Mayor Richards and City Council
FROM: Ben Levenson, Senior Project Manager, Asset Management
THROUGH: Matt Kuhn, Parks and Open Space Director
MEETING DATE: February 10th, 2026
SUBJECT: Resolution #021, Series of 2026 – Parks Office Remodel Contract for Office
Furniture
__________________________________________________________________
INTENDED OUTCOME:
Staff is requesting approval of resolution #021 (Series of 2026) authorizing a contract
with Source Office & Technology Partners for office furniture for the Parks & Open
Space Office Remodel Project in the amount of $146,975.91. The contract also includes
office storage systems, workspace partitions, break room and conference room seating
and tables.
If approved, this action will allow staff to furnish the remodeled Parks & Open Space
offices with durable, functional, and ergonomically appropriate furniture. Utilizing a
competitively solicited cooperative purchasing contract (Sourcewell) will also provide
cost savings, and reduced procurement time.
EXECUTIVE SUMMARY:
This memo requests City Council approval of a contract with Source Office &
Technology Partners for office furniture for the Parks & Open Space Office Remodel
Project. The contract utilizes a competitively awarded Sourcewell cooperative
purchasing agreement with and includes office furniture, storage systems, partitions,
and break room furnishings. Approval will allow the project to proceed to final fit-out and
occupancy as scheduled.
DISCUSSION:
The Parks & Open Space Office Remodel Project requires new furniture to support the
updated office layout and staff operations. To reduce project costs, some existing desks,
tables, and chairs will be reused in the new offices. Source Office & Technology Partners
is an authorized dealer under a nationally competitively solicited Sourcewell contract with
OFS (The furniture manufacturer). Use of this cooperative purchasing contract provides
competitive pricing, reduces procurement time, and aligns with City procurement policy.
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BASIS FOR VENDOR SELECTION:
This procurement is being completed through a cooperative purchasing agreement
utilizing a competitively solicited Sourcewell contract with OFS, administered locally by
Source Office & Technology Partners. Sourcewell conducted a national competitive
solicitation and awarded contracts based on pricing, product quality, vendor
qualifications, and service capabilities. Source Office & Technology Partners was
selected as the servicing dealer under this contract based on its ability to meet project
requirements, coordinate delivery and installation, and support the project schedule.
The City of Aspen has an established history working with Source Office & Technology
Partners and has successfully used this vendor fo r furniture procurement in several
other City office facilities, resulting in positive performance, reliable service, and
consistent outcomes.
FINANCIAL IMPACTS:
The Parks & Open Space Office Remodel Project is funded through the Parks (100) Fund
under Project 50329, Park Site Interior. Approximately $2,316,049 in project funds remain
and will be carried forward as part of the 2026 Spring Supplemental. The proposed
contract can be fully absorbed within the existing project scope, and no additional fundin g
is required. Utilization of the Sourcewell cooperative purchasing contract provides
significant cost savings, with OFS furniture items discounted at more than 50 percent off
list pricing.
ENVIRONMENTAL IMPACTS:
This action has minimal environmental impact and supports long-term sustainability
through durable furniture selection and reduced material waste over the life of the
facility.
RECOMMENDATIONS:
Staff recommends approval of Resolution #021 (Series of 2026) authorizing a contract
with Source Office & Technology Partners for office furniture for the Parks & Open
Space Office Remodel Project.
ALTERNATIVES:
Council could direct staff to issue a Request For Proposal for office furniture. This
alternative would increase administrative effort and project schedule impacts and may
result in higher pricing compared to the pre-negotiated Sourcewell cooperative contract.
CITY MANAGER COMMENTS:
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ATTACHMENTS:
Exhibit A – Professional Services Agreement with Source Office & Technology
Exhibit B – Source Office & Technology Proposal
Exhibit C – OFS Sourcewell Contract Overview
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RESOLUTION #021
(Series of 2026)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SOURCE OFFICE & TECHNOLOGY PARTNERS AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE
CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
office furniture, between the City of Aspen and Source Office & Technology
Partners, a true and accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for Office Furniture between the City of Aspen and Source Office & Technology
Partners, a copy of which is annexed hereto and incorporated herein, and does
hereby authorize the City Manager to execute said agreement on behalf of the City
of Aspen.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 10th day of February 2026.
Rachael Richards, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held, February 10th, 2026
Nicole Henning, City Clerk
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Aspen Parks and Open Space Remodel Source Furniture Contract
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2026-046
AGREEMENT made the 23rd day of January, 2026.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Source Office & Technology13350 W. 43rd DriveGolden, CO 80403US970-945-5151ryan.coy@sourceot.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: 02/10/2026
Resolution No.: 2026-021
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, andFee Schedule.Exhibit B: Sourcewell contract overviewExhibit C: Sourcewell Solicitation Number: RFP #091423
Total:$146,975.91
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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 City of Aspen Parks Department 585 Cemetery Lane 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. See Exhibit C.
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 April 30, 2026, with the installation and operation of all theequipment no later than April 30, 2026. Upon request of the City, Professional shall submit,for the City's approval, a schedule for the performance of Professional's services which shallbe adjusted as required as the project proceeds, and which shall include allowances for periodsof time 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.
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(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, 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.
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(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:
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 attached Exhibit A, B, and C.
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 Party
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consents 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.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).
27. Order of Precedence of Contract Documents. The terms and conditions set forth in theCity of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of theparties. No additional or different terms or conditions, whether contained in bid packets,documents, order forms, or any other document or communication pertaining to the agreementwill be binding upon the City of Aspen unless accepted in writing by an authorized representativeof the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Formof Agreement and any other document attached thereto which cannot be resolved by giving effectto both provisions, the City of Aspen Standard Form of Agreement shall control.
Docusign Envelope ID: B924D31D-09A1-4122-A9CE-C01E7E2BBB3C
16103
Supply Procurement and Professional Services Page 9Updated 08/2025
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
Docusign Envelope ID: B924D31D-09A1-4122-A9CE-C01E7E2BBB3C
Justin Barrow
Sales
1/26/2026 | 9:10:54 AM MST
17104
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Sourcewell contract overview
ofs.com imagine a place
Sourcewell
Sourcewell is a State of Minnesota local government agency and service
cooperative whose members include thousands of agencies in the
United States and Canada.
Membership in Sourcewell is open to public and nonprofit entities
across the United States and Canada; such as municipal, state/province,
K-12 and higher education, tribal government, and other public entities.
Contract information
Contract #: 091423-OFS
Term: November 30, 2023 through December 4, 2027. Three
additional one-year extensions available.
Scope: All OFS, Carolina and ROOM products are available from the
latest and current catalogs and price lists
Email: Sourcewell@ofs.com
“We at OFS, Carolina and ROOM are proud to offer
this government agency contract to our public
agencies. Sourcewell has a stellar reputation in the
cooperative landscape and has been a valued partner
to us and to our clients for many years.”
Anna McClelland
Vendor contact:
Anna McClelland
704.771.9003
amcclelland@ofs.com
or your OFS representative
To learn more about this contract,
please visit: www.sourcewell-mn.gov/
or ofs.com/resources/contracts/sourcewell
Docusign Envelope ID: B924D31D-09A1-4122-A9CE-C01E7E2BBB3C
3492
Sourcewell | Client Summary
ofs.com imagine a place 800.521.5381
Sourcewell contract #: 091423-OFS
Award date: 11/30/2023
Expiration date: 12/4/2027 (Three additional one-year extensions available)
Price list name & date Client discount % off of
the current list price.
Dock delivery
Volume discount
$100,001+
OFS and Carolina price lists -Current at time of
order. OFS and Carolina may be combined to reach
the next tier. Excluding Open Plan and ROOM
54.0%Negotiable
Open Plan (from Open Plan price lists. Example:
Staks, Range, Agile, etc)
59%Negotiable
ROOM 54%54%
Services Negotiable
Terms Net 30 days FOB Destination.
P-card payments are subject to a processing fee that may vary by state
Taxes Each Participating Entity is responsible for supplying the Supplier with valid tax exemption
certification(s). When ordering, a Participating Entity must indicate if it is a tax exempt entity.
Dock Delivery: All deliveries shall be delivered to the customer or dealer loading dock or site. End-User / buyer is responsible
for unloading, unboxing, and assembly. Inside delivery or installation costs are to be quoted per project by an authorized
dealer.
Order Instructions: Address orders either to OFS or to Authorized Dealer
●Customer purchase order, whether addressed to OFS or to an authorized dealer shall include the OFS Sourcewell
contract number #091423-OFS
●When ordering through OFS, list services such as installation separate from the product total. When ordering
through dealers, services, and products may be separated or combined
●The dealer shall forward a copy of the end-user purchase order or signed proposal to OFS
When addressed to OFS:
OFS
℅ Participating Dealer (if working with a dealer)
1204 East Sixth Street
Huntingburg IN 47542
Attention: order_entry@ofs.com
Tag: Sourcewell contract order 091423-OFS
When addressed to Dealer:
Dealer Name
Dealer Address
Tag: OFS Sourcewell Contract #091423-OFS
Docusign Envelope ID: B924D31D-09A1-4122-A9CE-C01E7E2BBB3C
3593
Sourcewell | Client Summary
ofs.com imagine a place 800.521.5381
Proposal Instructions: When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost
of acquisition. This means that the quoted cost is for delivered equipment, products, and services that are operational for
their intended purpose and includes all costs to the Member’s requested delivery location.
Canadian orders: Email Sourcewell@ofs.com for information pertaining to Canadian purchases
Dealers: OFS/Sourcewell dealers may be found by contracting your local OFS/Carolina/ROOM representative or emailing
Sourcewell@ofs.com or online at: https://ofs.com/resources/contracts/sourcewell
OFS Contract contacts:
Andrea Whitworth Anna McClelland
AWhitworth@ofs.com AMcClelland@ofs.com
336-870-4050 704-771-9003
Docusign Envelope ID: B924D31D-09A1-4122-A9CE-C01E7E2BBB3C
3694
1
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 27, 2026
Mayor Richards called the meeting to order at 5:00 p.m. with Councilors Doyle, Benedetti, Rose, and
Guth present.
PUBLIC COMMENT: None.
COMMISSIONER COMMENTS:
Councilor Doyle read an article about snowmelt and deep snow drought. This past January was the
lowest amount of snow received recorded in history. Read a quote from Peter Goble regarding poor
snowpack. Let’s pray for snow.
Mayor Richards spoke about mitigation proposals with the fire department. She said we want to try to
stay a tree city, U.S.A., but not a fuel city, U.S.A. On another note, we’ve all seen some pretty disturbing
videos of what is happening nationally regarding ICE enforcement. We’ve reached a point where it is
endangering our citizens in this effort and we are seeing civil rights violated. She urges people to call
their state representatives.
CITY MANAGER COMMENTS: None.
BOARD REPORTS:
Councilor Rose spoke about the Board of Health and flavor ban in Pitkin County. They also spoke about
vaccinations and outbreaks of flu and measles.
Councilor Doyle had a CML policy meeting where they spoke about gaming and marijuana temporary
events, lodging tax. He also had APCHA and there are some Sopris Creek cabins available. They spoke
about transparency and awareness in the program as well.
Mayor Richards was in Denver for the Mayors Summit with CML where they spoke about leadership,
ethics and strategic planning. It was good to meet peers. There was an ACRA board meeting this
morning where they are continuing to sort through the information on the airport closing. The sooner
they can get information out, the better. For summer 2027, what we don’t know is if we will have two
hard years in a row since the snow has been so bad as well. The last item is for tomorrow at the gondola
at 4 p.m. is the sendoff for the Olympians heading to Italy, the community should show up and cheer
them on and wish them well.
CONSENT CALENDAR:
Mayor Richards said she is pulling Resolution #005 Policy Agenda because she has a very small cleanup
and has put a copy of this in front of everyone to look at. She also pulled the board and commission
decisions, and they will vote on those individually.
Councilor Guth pointed out that the Zipcar contract is not a renewal. Mayor Richards apologized and
said she misspoke. Councilor Guth said he is glad to see things go in this direction. Kudos on this.
Councilor Guth motioned to approve the Consent Calendar containing Resolution #017, #018, #019,
#020 and the draft minutes of January 13th; Councilor Rose seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Resolution #005, Series of 2026 – State and Federal Policy Agenda – Tara Nelson, Paralegal
37
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REGULAR MEETING ASPEN CITY COUNCIL JANUARY 27, 2026
Mayor Richards read off a list of corrections she would like to make regarding the transportation
verbiage.
Councilor Benedetti and Doyle said they are fine with the changes.
Mayor Richards motioned to approve Resolution #005 with the amendments in the packet and the
further amendment on transportation; Councilor Doyle seconded. Roll call vote: Benedetti, yes; Doyle,
yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Board & Commission Selections:
Mayor Richards said they would like to appoint Angi Wang, Amanda Tanaka, Jed Ball to the Commercial
Core & Lodging Commission. To the Historic Preservation Commission, they appoint Barb Pitchford. And
to the Board of Adjustment, they appoint Jennifer Fulton and Judy Clausson to the Grant Committee.
Councilor Guth corrected her that it was Judd Clarence who applied to CCLC. Councilor Guth seconded
as amended. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion
carried.
For the Wheeler seat, Mayor Richards motioned to reappoint Tom Kurt; Councilor Doyle seconded.
Councilor Guth said he is really concerned that they are sending a message to newer people that they
shouldn’t apply for popular boards like the Wheeler. They should bring newer involvement and a change
in members.
Mayor Richards suggested coming up with term limits for this board to prevent this in the future.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried.
Mayor Richards motioned to approve Teraissa McGovern for the Planning & Zoning Commission;
Councilor Benedetti seconded.
Roll call vote: Benedetti, yes; Doyle, yes; Guth, no; Rose, yes; Richards, yes. 4-1, motion carried.
Mayor Richards motioned to appoint Peter Grenney as the regular member and recommend Jacqueline
Matthews as the alternate. Mayor Richards said she will not be voting for this for individuals who want
to move seniors out of this community. Ms. Matthews would have been her first choice and it’s not a
personal thing.
Councilor Benedetti seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards,
no. 4-1, motion carried.
FIRST READING OF ORDINANCES:
ORDINANCE #04, SERIES OF 2026 – 504 W. Hallam Street to Establish two Transferable Development
Right Certificates - Dan Folke, Planning Director and Ben Anderson, Community Development Director
Councilor Guth disclosed that he and Sara Adams have recently been working together on a different
project and nothing to do with this project.
38
3
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 27, 2026
Mr. Folke introduced the item. He said the HPC approved this and it also came to council as a call up and
they took no action. Tonight, they are just here for the TDRs. Staff have found that this meets the
criteria and are suggesting approval for a public hearing on February 24th.
Mayor Richards mentioned that the memo says they may come back and ask for more floor area bonus
at some point. She would like to know how much square footage they have pushed into other
neighborhoods.
Councilor Doyle motioned to read; Councilor Benedetti seconded. Roll call vote: Benedetti, yes; Doyle,
yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
City Clerk, Nicole Henning, read the ordinance.
Councilor Guth motioned to approve and said he thinks this is a great project. There are also intended
consequences of this policy that outweigh the unintended. Let’s not lose sight of this.
Councilor Rose seconded. Roll call vote: Benedetti, yes; Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-
0, motion carried.
Mayor Richards called for a five-minute break.
ORDINANCE #05, SERIES OF 2026 – 845 Meadows Rd – Aspen Meadows Affordable Housing Project –
Major Planned Development Amendment, Use Variance, GMQS, Affordable Housing Credits,
Transportation and Parking Management – Jeffrey Barnhill, Planner and Ben Anderson, Community
Development Director
Mayor Richards called to reconvene at 5:55 p.m.
Mr. Barnhill gave an overview of the site.
Mayor Richards said this is a small town and she knows a great number of people who have written
letters. She is going to look at this independently and fairly. She said she is also going to request a site
visit prior to the second reading. Each Councilmember echoed her sentiments regarding fairness.
City Attorney, Katharine Johnson, noted that many of the public comments were included in the packet,
but those received after the packet were published, were shared with Council, but were not included in
the packet.
Mr. Barnhill described the proposed development and went through the details. He showed a rendering
on screen. He described the Aspen Music Festival school proposed development details. He described
the details of the Aspen Center for Physics proposed development. He continued to describe each step
of the review process. He explained the certificates of affordable housing credits for the Aspen Institute
and the Aspen Music Festival. He described the transportation and parking analysis. He described the
requests vs the staff recommendations. He also gave the planning and zoning recommendations. Staff
recommends approval on first reading and to set a public hearing for second reading.
Councilor Doyle said he is super sensitive to what under parking means for the west end as people used
to park on his lawn and block their driveway.
Councilor Rose made a list of 24 questions compiled from the public comments as well and read off
many of them to Mr. Barnhill to answer for second reading.
39
4
REGULAR MEETING ASPEN CITY COUNCIL JANUARY 27, 2026
Councilor Benedetti said thank you to the community and neighbors for their thoughtful letters.
Councilor Rose motioned to read; Councilor Doyle seconded. Roll call vote: Benedetti, yes; Doyle, yes;
Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
Ms. Henning read the ordinance.
Councilor Rose motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
ACTION ITEMS: – Resolution #016, Series of 2026 – Adoption of the City of Aspen Strategic Plan – John
Barker and Robin Sturgeon, SIO
Mr. Barker introduced the item and went through the plan basics and what was chosen for Aspen and
why. He discussed implementation and the mission.
Mayor Richards congratulated Pete and staff for putting this together. They will be having a retreat to
discuss the rest of 2026.
Councilor Guth agrees with Mayor Richards and is optimistic that this gives a little turbo charging to
some of their efforts. He asked if it matters to us whether some of these success markers have already
been achieved.
City Manager, Pete Strecker, said the intent of this document was really trying to capture council goals
from the beginning. It’s not a full and complete list.
Councilor Doyle is happy regarding the water and fire resilience. The photos were great and reflect the
city and shows some joy.
Councilor Benedetti thanked them as it’s her first year studying goals and it’s nice to see it consolidated
into one document and she hopes the public appreciates this as well.
Mayor Richards said it’s great work and very professional.
Councilor Rose motioned to approve; Councilor Guth seconded. Roll call vote: Benedetti, yes; Doyle, yes;
Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
EXECUTIVE SESSION – Katharine Johnson, City Attorney
Ms. Johnson introduced the executive session.
Councilor Guth motioned to approve; Councilor Benedetti seconded. Roll call vote: Benedetti, yes;
Doyle, yes; Guth, yes; Rose, yes; Richards, yes. 5-0, motion carried.
______________________
City Clerk, Nicole Henning
40
STAFF REPORT
TO: Mayor Rachael Richards and Aspen City Council
FROM: Haley Hart, Senior Long-Range Planner, Community Development
Tillie Pines, Planner I, Community Development
Lorena Vargas, Development Services, Engineering
Simeon Britting, Project Manager I, Engineering
THROUGH: Ben Anderson, Community Development Director
Tricia Aragon, City Engineer
Hailey Roedel, Deputy City Engineer, Engineering
MEETING DATE: February 10, 2026
RE: Ordinances #01, #02, and #03, Series of 2026 – Updates to Banner and
Flag Code and Banner Fee Schedule
Intended Outcome:
Staff requests that Council reviews and approves draft Ordinances #01, #02, and #03, Series of
2026 at First Reading.
Ordinance #01 Amendments to the Land Use Code related to Section 26.510.120 – Policies
regarding signage on public property.
Ordinance #01 contains amendments to the Land Use Code (LUC) that reflect formal Council
directive initiated by the Community Development Director from a Regular Meeting on
September 9, 2025, that approved Policy Resolution #118, Series of 2025 . Two subsections of
Section 26.510.120 – Policies regarding signage on public property are proposed to be removed
from Title 26, with the substantive portion of those subsections relocated in Title 21 and Title 29.
Ordinance #02 Amendments to Municipal Code Title 21 and Title 29
Ordinance #02 moves Banner and Flag language into Title 21 and creates a dedicated Banner
Standards document under Title 29 that consolidates and updates standards language. This
document will include current specifications for banner size, material, application process, and
fees, and can be updated by Engineering as needed without requiring municipal code changes.
Ordinance #03 Amendments to Municipal Code Title 2.12.080 – Parks Department Fees to
remove “Flags and Banners” and Amendments to Municipal Code Title 2.12.051 to add “Flags
and Banners.”
41
Page 2 of 6
Memo, Ordinances #01, #02, #03, Series of 2026
Sign Code Banner and Flag Amendments
Ordinance #03 updates the fee schedule for Banners to align with current staff time and
workload.
Council is requested to read and approve Ordinances #01, #02, and #03, Series of 2026 at
First Reading.
EXECUTIVE SUMMARY:
The Land Use Code Amendments proposed in Ordinance #01, Series of 2026 were developed
in response to Resolution #118, Series of 2025, which gave Staff formal policy direction from
City Council to relocate two sections of the Land Use Code as initiated by an interdepartmental
Staff working group. The two sections, Section 26.510.120(c) – Banners and Flags on Main
Street Light Posts and Section 26.510.120(f) – Signs Across Main Street at Third Street are
currently located in Title 26 - Land Use Regulations. The Engineering Department has oversight
of signage in and over the Right of Way including flags, banners, and light posts. Relocating
these two code sections would improve the effectiveness between City departments and the
Colorado Department of Transportation (CDOT).
The LUC prescribes several steps that must be taken to amend the Code. The Sign amendments
were initiated by the Community Development Director and formally directed by City Council
during the Regular Meeting on September 9, 2025. Policy Resolution #118, Series of 2025, which
was required by the LUC to initiate the formal code amendment process, was passed unanimously
by Council on September 9, 2025.
DISCUSSION:
Currently, the banner program is managed by the Engineering Department. However, banner
standards are located outside the Engineering Standards, which has led to challenges in
maintaining up-to-date information and ensuring users have clear guidance. By relocating the
banner code to the Engineering Standards (Title 29.02) and creating a dedicated Banner
Standards document, staff can provide detailed content regarding banner size, material,
application process, and fees. These updates will include clarifying banner size requirements,
changing approved banner materials, updating the fee schedule, and transitioning the application
process to the Salesforce permitting system for improved tracking and efficiency. This information
will be easily accessible and updated in a timely manner, improving transparency and efficiency
for both council and program users. In addition, outdated or redundant provisions currently in Title
26 will be removed to eliminate confusion and ensure consistency across standards.
The 2026 Banner Standards are attached to this staff memo.
The Banner Standards do not change the existing program eligibility or physical drop off and pick
up process. The main change within the new Standards requires banners be single-sided and
made of a mesh material instead of vinyl. Previously double sided was available. This change is
due to demand and equity. Single sided banners allow for more availability and the ability to serve
more community groups during popular times of the year. The mesh requirement is to allow wind
to pass through the banners reducing structural strain on the cables and entire system. The new
standards also make it clear that when an applicant drops their banner off to the City ownership
42
Page 3 of 6
Memo, Ordinances #01, #02, #03, Series of 2026
Sign Code Banner and Flag Amendments
of that banner is conveyed to the City for the duration of the display time. This ownership
requirement allows the City to comply with Colorado Revised Statutes regarding displays placed
along state highways.
Outreach and Applicant Feedback:
Staff has worked with current applicants to ensure understanding, agreement, an d alignment with
the new Banner Standards. Applicants agree the new Banner Standards make the process and
expectations easier to understand.
An email was sent to all previous applicants in January of 2026 with information on the new
standards for mesh single sided banners and the new Salesforce permitting system. No feedback
was received concerning moving the permitting platform to Salesforce. Feedback was received
with concerns of existing applications and phasing out existing vinyl banners. Staff agrees to work
with applicants on a case-by-case basis for existing applications and existing banners to ensure
a seamless transition that does not leave applicants in a predicament with existing vinyl banners.
Section 26.510.120 – Policies regarding signage on public property
The following discussion reflects the format of Ordinance #01, Series of 2026, providing a
description of the proposed amendments to Section 26.510.120 – Policies regarding signage on
public property. A full redlined version of the proposed code amendments is attached to this
memorandum as Exhibit A of Ordinance #01, Series of 2026
Remove references to these code sections in the introductory paragraph of the Section
Relocate Section 26.510.120(c) - Banners and Flags on Main Street Light Posts and
Section 26.510.120(f) - Signs Across Main Street at Third Street to Title 21- Streets,
Sidewalks, and other Public Places and Title 29 - Engineering Design Standards
Section - 29.01 – [IN GENERAL]
The following discussion reflects the format of Ordinance #02 Series of 2026, providing a
description of the proposed amendments to Sections 29. A full redlined version of the proposed
code amendments is attached to this memorandum as Exhibit A of Ordinance #02, Series of
2026.
City Council approves the following objectives for code amendments within Section 29.01 –
[GENERAL], as redlined in Ordinance #02 Exhibit A:
1. Add language pertaining to the Engineering Design Standards to reference the Banner
Standards document to be posted on the City of Aspen website and adopted by the
Engineering Department.
a. Add ‘Banner Standards’ in the description of the purpose paragraph. (Section
29.01.010 – Purpose and intent).
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Page 4 of 6
Memo, Ordinances #01, #02, #03, Series of 2026
Sign Code Banner and Flag Amendments
b. Add language adopting the Banner Standards (Section 29.01.030 – Adoption of
banner standards).
c. Modify the section names to keep the adoption of Engineering Standards, Banner
Standards, and Construction Management Plan requirements grouped together.
(Section 29.01.030 – Adoption of construction management plan requirements,
Section 29.01.070 – Variances, Section 29.01.080 – Right-of-entry, Section 29.01.090
– Stop work orders, Section 29.01.100 – Violations and penalties, Section 29.01.110
– Violations and penalties not to excuse abatement, and Section 29.01.120 –
Reserved).
d. Modify the section name to keep the adoption of Engineering Standards, Banner
Standards, and Construction Management Plan requirements grouped together, and
include ‘Banner Standards’ in the description of the applicability, review authority, and
review procedure paragraphs. (Section 29.01.040 – Applicability, Section 29.01.050 –
Review authority, and Section 29.01.060 – Review procedure)
Section 21.37 – Flags and banners on light poles and across Main St.
The following discussion reflects the format of Ordinance #02, Series of 2026, providing a
description of the proposed amendments to Sections 21. A full redlined version of the proposed
code amendments is attached to this memorandum within Exhibit A of Ordinance #02.
City Council approves the following objectives for code amendments within Section 21.37. –
Flags and banners on light poles and across Main St, as redlined in Ordinance #02:
1. Add language pertaining to the purpose, banner standards, eligibility,
size/number/material, cost/fees/procedures, banner permit application, and exceptions as
it relates to the Banner Standards.
Section 2.12.051 and 2.12.080 – Banner Fees
The following discussion reflects the format of Ordinance #03, Series of 2026, providing a
description of the proposed amendments to Sections 2.12.080 and 2.12.051 which will remove
Banner Fees from Parks Use and Special Event Fees and relocate them to Section 2.12.051
Engineering Department Fees.
The Fees are also updated to reflect current staff workload and recuperation of costs to administer
the program while maintaining reasonable and affordable rates for advertising with non -profits in
mind.
1. Remove Flags and Banner fees from Section 2.12.080 – Parks Use and Special Event
Fees
2. Add Flags and Banner fees to Section 2.12.051 – Engineering Department Fees
3. Update Banner fee amounts to accurately reflect the amount of staff time and workload
required to administer the program and hang the signs.
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Memo, Ordinances #01, #02, #03, Series of 2026
Sign Code Banner and Flag Amendments
Existing Fees
Flags and Banners
Flags on Main Street/Flag* $18.00
Banners on Main Street/Banner** $18.00
Proposed Fees
Flags and Banners
Main St Single-Side Banner (per banner per week) $150
Light Poles Fee (30 light poles per week) $1,200
Late Hang Fee (delivered after noon on Friday) $100
*In the current code the Flags on Main Street are calculated per flag per week. There
are 30 flags and all must be done so the rate is $540 per week for a complete set of
flags on all 30 poles ($18*30). Converting to matching quantities the proposed fee
goes from $540 to $1,200.
** In the current code the Banner on Main Street is calculated as a double -sided
banner per day. Calculated as a single sided banner per week the fee is $63 per
week (($18/2)*7). Converting to matching quantities the proposed fee goes from $63
to $150.
The proposed fees were presented to City Council on October 20th, 2025, during an overall
discussion of citywide fees. At that time council was supportive of the proposed changes.
FINANCIAL IMPACTS:
Updating the Banner Fees will result in fee collection that recuperates costs for City staff to
administer the program and hang the flags and banners. Below is a cost analysis of staff time
for the program.
Main Street Banners
Rate Hours Worked Expense 2025 Fee 2026 Proposed Fee
Engineering Admin $ 35.00 1 $ 35.00
Electric Crew Member 1 $ 55.00 1.5 $ 82.50
Electric Crew Member 2 $ 55.00 1.5 $ 82.50
Total $ 200.00 $ 63.00 $ 150.00
Light Pole Flag Installation
Rate Hours Worked Expense 2025 Fee 2026 Proposed Fee
Engineering Admin $ 35.00 3 $ 105.00
Electric Crew Member 1 $ 55.00 10 $ 550.00
Electric Crew Member 2 $ 55.00 10 $ 550.00
Total $ 1,205.00 $ 540.00 $ 1,200.00
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Memo, Ordinances #01, #02, #03, Series of 2026
Sign Code Banner and Flag Amendments
The question has been raised whether to waive fees for non-profits. The vast majority of Flag
and Banner installations are for non-profits thus there is no reason to waive fees for all non-
profits. The fee schedule as updated is a reasonable and affordable rate for advertising with
non-profits in mind while still recouping the City’s expenses for administering the program. Fees
will be waived for government agencies, Sister Cities, and public health and safety messaging.
ENVIRONMENTAL IMPACTS: N/A
ALTERNATIVES: N/A
RECOMMENDATIONS: Staff recommends that Council approves Ordinances #01, #02, and
#03, Series of 2026.
CITY MANAGER COMMENTS:
EXHIBITS
Ordinance #01, Series of 2026 – Amendments to Section 26.510.120 – Policies regarding
signage on public property
Ordinance #02, Series of 2026 – Amendments to Chapter 21.37 – Streets, Sidewalks and
Other Public Places and Amendments to Chapter 29.01 – [IN GENERAL]
Ordinance #03, Series of 2026 – Amendments to Section 2.12.051 and 2.12.080 - Banner
Fee Update
COA Banner Standards
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Ordinance #01, Series of 2026
Signs and Banners Land Use Code Amendments
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ORDINANCE #01
SERIES OF 2026
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE
LAND USE CODE RELATED TO CHAPTER 26.510 – SIGNS, FOR THE PURPOSE OF
RELOCATING TWO SUBSECTIONS WITHIN SECTION 26.510.120 – POLICIES
REGARDING SIGNAGE ON PUBLIC PROPERTY, TO TITLE 21 – STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES, AND TITLE 29 – ENGINEERING DESIGN
STANDARDS, TO PROVIDE ENGINEERING OVERSIGHT OF SIGNS IN THE RIGHT
OF WAY.
WHEREAS, the Land Use Code requires periodic amendments to ensure it supports
effectiveness throughout City departments and external stakeholders; and,
WHEREAS, amendments to the Land Use Code may be initiated by the Community
Development Director pursuant to Section 26.310.020; and,
WHEREAS, at present, the language pertaining to flags, banners, and signs hung on light
posts within the Right of Way and across Main Street at Third Street are regulated within Section
26.510.120 - Policies regarding signage on public property in Title 26; and,
WHEREAS, Community Development has found it appropriate to amend the Land Use
Code to relocate two subsections within Section 26.510.120(c) - Banners and Flags on Main Street
Light Posts and Section 26.510.120(f) - Signs Across Main Street at Third Street, to Title 21 -
Streets, Sidewalks, and Other Public Places and Title 29 - Engineering Design Standards to
improve coordination with the Engineering Department and the Colorado Department of
Transportation; and,
WHEREAS, during a City Council Regular Meeting on September 9, 2025, pursuant to
Policy Resolution #118, Series of 2025, City Council gave Community Development Staff formal
policy direction to relocate the two sections of the Land Use Code as noted above; and,
WHEREAS, the proposed procedure for relocating these provisions is to delete in their
entirety, Section 26.510.120(c) - Banners and Flags on Main Street Light Posts and Section
26.510.120(f) - Signs Across Main Street at Third Street from the Land Use Code pursuant to this
Ordinance #1, Series of 2026 and to add the substantive portions of such provisions to Title 21, and
Title 29, pursuant to Ordinance #02, Series of 2026; and,
WHEREAS, at a regular meeting on February 10, 2026, City Council by a X to X (X-X)
vote, approved Ordinance #01, Series of 2026 on First Reading; and,
WHEREAS, at a regular scheduled meeting and properly noticed public hearing on March
10, 2026, Council heard a presentation from City Staff, considered public comment, and City Council
by a XX to XX (X-X) vote, approved Ordinance #01, Series of 2026 on Second Reading; and,
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WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1: Section - 26.510.120 – Policies regarding signage on public property
The following two subsections of Section 26.510.120 – Policies regarding signage on public
property, are hereby deleted in their entirety:
Section 26.510.120(c) - Banners and Flags on Main Street Light Posts, and
Section 26.510.120(f) - Signs Across Main Street at Third Street.
Other provisions within Section 26.510.120 are hereby amended to reflect these changes. All
amendments set for in this Ordinance #01, Series of 2026, are reflected in Exhibit A. The
amendments being removed are delineated in red with strikethrough. Text being added is shown
in red and underlined. Text which is not highlighted is not affected
Section 2:
Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4:
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.
Section 5:
A public hearing on this ordinance was held on the 10th day of March 2026, at a meeting of the
Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10th day of February 2026.
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ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
FINALLY, adopted, passed and approved this 10th day of March 2026.
_______________________________
Rachael Richards, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ______________________________
Nicole Henning, City Clerk Katharine A. Johnson, City Attorney
EXHIBITS
A – Section 26.510.120 – Policies regarding signage on public property Redlines
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Exhibit A to Ordinance #01, Series of 2026
Sec. 26.510.120. - Policies regarding signage on public property.
The purpose of these regulations is to establish reasonable regulations for the posting of
temporary signs, displays and banners on certain public property. These regulations include signs
on public rights-of-way, banners and flags on light posts on Main Street, signs in City parks,
displays in City parks, signs hung across Main Street at Third Street, and signs on public
buildings. These regulations shall be read in conjunction with this Chapter and are not intended
to supersede this Chapter's regulation of signs.
Temporary signs and displays provide an important medium through which individuals may
convey a variety of noncommercial and commercial messages. However, left completely
unregulated, temporary signs and displays can become a threat to public safety as a traffic hazard
and detrimental to property values and the City's overall public welfare as an aesthetic nuisance.
These regulations are intended to supplement this Chapter and to assist City staff to implement
the regulations adopted by the City Council. These regulations are adopted to:
(a) Balance the rights of individuals to convey their messages through temporary signs or
displays and the right of the public to be protected against unrestricted proliferation of
signs and displays;
(b) Further the objectives of this Chapter; and
(c) Ensure the fair and consistent enforcement of the sign and display regulations
specified below.
This Section, "policies regarding signage on public property," states: "It shall be unlawful to
erect or maintain any sign in, on, over or above any land or right-of-way or on any property,
including light posts, belonging to the City without the permission of the City Council." Sign
permits issued by the City Manager or his or her designee, that are in conformance with these
regulations shall constitute City Council permission within the meaning of this Section, Signs on
public rights-of-way. Applications for sign permits that do not comply with these regulations
shall be forwarded to the City Council for consideration if requested by the applicant.
(a) Definitions. Unless otherwise indicated, the definitions of words used in these
regulations shall be the same as the definitions used in this Chapter, Signs. In addition,
the following definitions shall apply:
(1) Banner means any sign of lightweight fabric, plastic or similar material that is
attached to any structure, pole, line or vehicle and possessing characters, letters,
illustrations or ornamentations.
(2) Banner, Light Post means any sign of lightweight fabric, plastic or similar
material that is attached to a light post and possessing characters, letters,
illustrations or ornamentations which meets the dimensional requirements for and
is intended to be installed on municipal light posts.
(3) Display means any symbol or object that does not meet the definition of a sign
as defined in this Code, but like a sign is intended to convey a message to the
public.
(4) Flag means any fabric or bunting containing distinctive colors, patterns or
symbols, which meets the dimensional requirements and is intended to be
installed on municipal light posts.
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(5) Public Right-of-Way means the entire area between property boundaries which
is owned by a government, dedicated to the public use or impressed with an
easement for public use; which is primarily used for pedestrian or vehicular
travel; and which is publicly maintained, in whole or in part, for such use; and
includes without limitation the street, gutter, curb, shoulder, sidewalk, sidewalk
area, parking or parking strip, pedestrian malls and any public way.
(6) Sign means and includes the definition for sign as contained in Section
26.104.100, Definitions, of this Code. The term shall also include displays as that
term is defined above.
(7) Sign, Inflatable means any inflatable shape or figure designed or used to
attract attention to a business event or location. Inflatable promotional devices
shall be considered to be temporary signs under the terms of this Chapter and,
where applicable, subject to the regulations thereof.
(b) Signs on Public Rights-of-Way.
(1) Purpose. The purpose of this policy is to regulate signs permitted to be located
temporarily in the public right-of-way. Temporary signs are permitted in public
rights-of-way if the following policies and procedures are followed. These
regulations do not apply to banners on the Main Street light posts or hanging
across Main Street that are subject to different regulations and criteria within Title
21 – Streets, Sidewalks, and Other Public Places and Title 29 - Engineering
Design Standards.
(2) Size/Number/Material. Only two (2) signs per person/event/organization are
permitted. Signs shall not exceed ten (10) square feet each and banners shall not
exceed fifty (50) square feet. Banners must be made of nylon, plastic or similar
type material. Paper signs and banners are prohibited.
(3) Cost/Fees/Procedures. Applicants shall be required to pay the necessary fees
for approval from the Special Events Committee. Any event not requiring review
by the Special Events Committee shall submit a sign plan to the Community
Development Department for review and approval for a fee as outlined in
ChapterSection 26.104.072, Zoning review fFees, of this Code. Applications must
be received a minimum of thirty (30) days prior to the event. The applicant shall
also submit a refundable security deposit as outlined in the current fee schedule to
be applied to any damages, repairs or the cost of removal if not corrected/removed
by the applicant within three (3) days.
(4) Duration. Temporary signs authorized pursuant to this Section shall be erected
and maintained for a period not to exceed eighteen (18) days.
(5) Maintenance. All signs and banners shall be maintained in an attractive
manner, shall not impede vehicular or pedestrian traffic and shall not pose a safety
risk to the public.
(6) Exceptions. Any exceptions from the above requirements shall require City
Council review and approval.
(c) Banners and Flags on Main Street Light Posts.
(1) Purpose. Banners and flags hung from light posts on Main Street have
traditionally been permitted to further a variety of interests, such as to celebrate
special events of community interest. The purpose of these policies and
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regulations is to clarify the manner of displaying banners or flags hung from the
City-owned light posts on Main Street.
(2) Eligibility. Only City-owned flags or banners are permitted on Main Street
light posts.
(3) Size/Number/Material. All proposed banners or flags should meet the City's
specifications for size, mounting and material. Banners shall be two (2) feet wide
and four (4) feet high to be compatible with mounting system on the light posts.
Banners and flags must be made of nylon, plastic or similar material. Paper is not
allowed.
(4) Copy. The City reserves the right to request changes to the design, color or
copy in order to assist the applicant in complying with this policy.
(5) Cost/Fees/Procedures. The cost of installation is outlined in the current fee
schedule as amended from time to time. A refundable security deposit as outlined
in the current fee schedule shall be required to assure replacement of damaged
banners and retrieval of the banners from the City (see Section (g) below for
maintenance requirements). The applicant shall submit an application to the City
Manager's office showing the dimensions, design and colors of the proposed
banners or flags at least three (3) months prior to the event. Flags are required to
be delivered to the City Parks Department one (1) week prior to the event.
Banners shall be delivered to the Utility Department on Fridays at least two (2)
weeks prior to their installation.
(6) Duration. The display of banners and flags on the Main Street light posts shall
not exceed fourteen (14) days or the duration of the event, whichever is less.
(7) Maintenance. Prior to the placement of banners or flags on City street light
posts, the applicant shall provide to the City a number of replacement flags or
banners to be determined by the City. These replacement flags or banners shall be
used by the City to replace banners or flags that are stolen or damaged. The cost
of replacing banners or flags shall be deducted from the security deposit. Once
banners have been removed, the applicant shall be required to pick up the banners
from the City within three (3) days.
(d) (c) Signs in City Parks.
(1) Purpose. Unattended signs are generally prohibited in City parks. The purpose
of this policy is to regulate unattended temporary signs that are permitted in
limited circumstances in City parks.
(2) Size/Number/Material. Unattended temporary signs located in City parks shall
be limited in size to three (3) feet by six (6) feet. Two (2) signs per person,
organization or sponsor are allowed to face towards the event venue, and five (5)
signs are allowed to face towards the public rights-of-way. These signs are not
allowed to extend more than ten (10) feet above grade. Banners must be made of
nylon, plastic or similar material. Paper banners and flags are prohibited. The
Special Events Committee may approve one (1) inflatable per event of no more
than twenty (20) feet in height if a suitable on-site location can be provided and if
there is a demonstrable community benefit.
(3) Location. Signs shall be set back at least ten (10) feet from the public right-of-
way.
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(4) Cost/Fees/Procedures. Applicants shall be required to pay the necessary fees
for approval from the Special Events Committee. Any event not requiring review
by the Special Events Committee shall submit a sign plan to the Community
Development Department for review and approval for a fee as outlined in the
current fee schedule. The applicant shall also submit a refundable security deposit
as outlined in the current fee ordinance to be applied to any damages, repairs or
the cost of removal if not corrected/removed by the applicant within three (3)
days. The applicant shall receive the necessary approval prior to the installation of
any signs. Applications must be received no later than thirty (30) days prior to the
event.
(5) Duration. Unattended temporary signs may be erected and maintained only for
the duration of the event or forty-eight (48) hours, whichever is less. All signs
must be removed immediately following the event.
(6) Maintenance. All signs must be maintained in an attractive manner, shall not
impede vehicular or pedestrian traffic and shall not pose a safety risk to the
public. A fifty dollar ($50.00) refundable security deposit will be required to
ensure compliance.
(f) Signs Across Main Street at Third Street.
(1) Purpose. The purpose of this policy is to regulate signs permitted to be located
temporarily across the Main Street right-of-way at Third Street. Temporary signs
shall be permitted in this location if the following policies and procedures are
followed. These regulations do not apply to banners on the Main Street light posts
or signs other than those hanging across Main Street at Third Street.
(2) Eligibility. Only City-owned banners are permitted on signs extending across
the Main Street right-of-way at Third Street.
(3) Size/Number/Material. Banners must consist of the following specifications:
a. Any type of durable material;
b. Semicircular wind holes in banner;
c. Metal rivets at all corners and every twenty-four (24) inches along the
top and bottom of the banner;
d. Size will be twelve (12) feet in length and three (3) feet in width.
(4) Cost/Fees/Procedures.
a. Main Street banner application and banner policy and procedure form
must be obtained from the City Manager's office and completed by the
party making the request and returned to the City Manager's office no less
than thirty (30) days prior to the date requested to hang the banner.
b. The exact legend of the banner must be indicated in writing (see
specific area on application form). Sponsors are advised that banners are
most visually effective when kept simple: i.e., event, date organization and
logo.
c. The cost of installation is outlined in the current fee schedule as
amended from time to time, and must accompany the application form and
be reviewed in the City Manager's office thirty (30) days prior to the date
the banner will be hung. All organizations will be charged the same rate,
accordingly.
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d. All banners should be delivered directly to the Electric Department,
which is located in back of the Post Office at 219 Puppy Smith Road, by
noon the Friday prior to the Monday hang date. Any banner not delivered
by noon the prior Friday is subject to an additional fifty-dollar ($50.00)
charge.
e. Please pick up the banner from the Electric Department within thirty
(30) days after the display week(s). The City assumes no responsibility for
banners, and any banners left more than thirty (30) days may be discarded.
(5) Eligibility. The City provides space to hang four (4) single-sided banners and
two (2) double-sided banners across Main Street. Reservations will be taken each
year on November 1 st for the following year. The first organization to have their
contract negotiated, signed and paid will be offered the banner space on a first
come, first serve basis.
(6) Duration. One (1) banner, per event, may be hung for a maximum of fourteen
(14) days, as per Subsection 26.510.040(a)(1). Banner approvals are not
guaranteed and will only be hung upon availability of the Electric Department
staff. The length of time that a banner is to be hung is not guaranteed and may be
shortened at the discretion of the City. Based on his/her judgment as to the best
interest of the City, the City Manager may determine which banners are to be
given priority when there are multiple requests for the same time period.
(7) Maintenance. All banners shall be maintained in an attractive manner.
(8) Exceptions. Any exceptions from the above requirements shall require City
Council review and approval.
(g) (d) Signs on Public Buildings.
(1) Purpose. This subsection establishes a policy for the installation of sign on
public buildings owned by the City.
(2) Eligibility. Only City-owned signs are permitted on public buildings.
(3) Size/Number/Material. All proposed signs should meet the City's
specifications for size, mounting and material.
(4) Copy. The City reserves the right to request changes to the design, color or
copy in order to assist the applicant in complying with this policy.
(5) Cost/Fees/Procedures. The cost of installation is outlined in the current fee
schedule as amended from time to time. A refundable security deposit as outlined
in the current fee schedule shall be required to assure replacement of damaged
banners and retrieval of the banners from the City (see subsection (7g) below for
maintenance requirements). The applicant shall submit an application to the City
Manager's office showing the dimensions, design and colors of the proposed
signs.
(6) Duration. The display of signs on public buildings shall not exceed fourteen
(14) days or the duration of the event, whichever is less.
(7) Maintenance. Prior to the placement of signs on public buildings, the applicant
shall provide to the City a number of replacement signs, which matching the
existing signs, to be determined by the City. These replacement signs shall be
used by the City to replace signs that are stolen or damaged. The cost of replacing
signs shall be deducted from the security deposit. Once signs have been removed,
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the applicant shall be required to pick up the signs from the City within three (3)
days.
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Ordinance #02, Series of 2026
Amendments to the Municipal Code related to Banners and Flags
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ORDINANCE NO. 02
SERIES OF 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING MUNICIPAL CODE TITLE 21.37 – STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES – FLAGS AND BANNERS ON LIGHT POLES AND ACROSS MAIN
ST, AND AMENDING TITLE 29 – ENGINEERING DESIGN STANDARDS, TO
INCLUDE STANDARDS FOR BANNERS AND FLAGS ON MAIN STREET LIGHT
POSTS AND SIGNS ACROSS MAIN STREET AT THIRD STREET.
WHEREAS, at present, the language pertaining to flags and banners to be hung on light
poles on Main Street and across Main Street are combined with all public signage in Section
26.510.120 - Policies regarding signage on public property; and,
WHEREAS, at a regular meeting on September 9, 2025, the Aspen City Council
(“Council”) adopted Policy Resolution #118, Series of 2025, which approved the policy
objective of amending the City of Aspen Land Use Code Section 26.510.120 - Policies
Regarding Signage on Public Property to remove from Title 26 the language on flags and
banners on and above Main Street; and,
WHEREAS, pursuant to Section 26.310.020, and the adopted policy objective, the
Community Development Director recommends Council consider deleting Section 26.510.120(c)
- Banners and Flags on Main Street Light Posts, and (f) – Signs Across Main Street at the Third
Street from the Land Use Code, and adding the substantive portions of such provisions to the
Engineering code as these two sign types are within the right-of-way; and,
WHEREAS, provisions of Section 26.310.020(c) and (f) that pertain to design material,
size, standards, and policy will be placed within Chapter 21.37, as well as within the Banner
Standards document to be added to Chapter 29.01, pursuant this Ordinance #2, Series of 2026;
and,
WHEREAS, the proposed ordinance demonstrates all amendments via strikethroughs for
terms to be removed from the Municipal Code and additions in red text; and,
WHEREAS, the proposed ordinance allows for minor changes to material, size, and
process to be implemented without future Municipal Code ordinances; and,
WHEREAS, at a regular meeting on February 10th, 2026, City Council by a XX to XX
(X-X) vote, approved Ordinance #02, Series of 2026 on First Reading; and,
WHEREAS, at a regular scheduled meeting and properly noticed public hearing on
March 10th, 2026, Council heard a presentation from city staff, considered public comment, and,
City Council by a XX to XX (X-X), approved Ordinance #02, Series of 2026 on Second
Reading; and,
WHEREAS, the Council finds that the adoption of this Ordinance is necessary for the
preservation of the public health, safety and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1: Amendment to Chapter 29.01 – [IN GENERAL]
City Council approves the following objectives for code amendments within Section 29.01 –
[GENERAL], as redlined in Exhibit A:
1. Add language pertaining to the Engineering Design Standards to reference the Banner
Standards document to be posted on the City of Aspen website and adopted by the
Engineering Department.
a. Add ‘Banner Standards’ in the description of the purpose paragraph. (Section 29.01.010 –
Purpose and intent).
b. Add language adopting the Banner Standards into the Engineering Design Standards
(Section 29.01.030 – Adoption of banner standards). (Adopted by but located separately
from the Municipal Code.)
c. Modify the section names to keep the adoption of Engineering Standards, Banner
Standards, and Construction Management Plan requirements grouped together. (Section
29.01.030 – Adoption of construction management plan requirements, Section 29.01.070
– Variances, Section 29.01.080 – Right-of-entry, Section 29.01.090 – Stop work orders,
Section 29.01.100 – Violations and penalties, Section 29.01.110 – Violations and
penalties not to excuse abatement, and Section 29.01.120 – Reserved).
d. Modify the section name to keep the adoption of Engineering Standards, Banner
Standards, and Construction Management Plan requirements grouped together, and
include ‘Banner Standards’ in the description of the applicability, review authority, and
review procedure paragraphs. (Section 29.01.040 – Applicability, Section 29.01.050 –
Review authority, and Section 29.01.060 – Review procedure)
Section 2: Section 21.37 – Flags and banners on light poles and across Main St.
City Council approves the following objectives for code amendments within Section 21.37. –
Flags and banners on light poles and across Main St, as redlined in Exhibit B:
1. Add language pertaining to the purpose, banner standards, eligibility,
size/number/material, cost/fees/procedures, banner permit application, and exceptions as
it relates to the Banner Standards.
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Section 3:
Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 4:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 6:
A public hearing on this ordinance was held on the 10th day of March, 2026, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same
shall be published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10th day of February 2026.
ATTEST:
_____________________________ _____________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
FINALLY, adopted, passed and approved this 10th day of March, 2026.
_____________________________
Rachael Richards, Mayor
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ATTEST: APPROVED AS TO FORM:
_____________________________ ______________________________
Nicole Henning, City Clerk Katharine A. Johnson, City Attorney
EXHIBITS
A – Chapter 29.01 – [IN GENERAL], Redlines
B – Chapter 21.37 – Flags and Banners on Light poles and across Main Street, Redlines
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Exhibit A to Ordinance #02, Series of 2026
TITLE 29 – ENGINEERING DESIGN STANDARDS
Chapter 29.01 – [IN GENERAL]
Chapter 29.01. - [IN GENERAL]
Sec. 29.01.010. - Purpose and intent.
The purpose of this Chapter is to ensure development in the City of Aspen meets minimum
engineering standards. It is the City's intent to establish Engineering Standards, Banner
Standards, and Construction Management Plan Requirements that will ensure the public health,
safety and welfare, preserve the community aesthetic, and promote efficient development within
the City limits of Aspen.
Sec. 29.01.020. - Adoption of engineering standards.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth those standards contained in the
Engineering Standards, as may be amended from time to time by City Council Resolution. At
least one (1) copy of the Engineering Standards shall be available for public inspection at the
Community Development Department, the Engineering Department and the City of Aspen's
website.
Sec. 29.01.030. - Adoption of banner standards.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth herein, those standards
contained in the Banner Standards, as may be adopted and amended from time to time by the
City Engineer. At least one (1) copy of the Banner Standards shall be available for public
inspection at the Community Development Department, the Engineering Department and the
City of Aspen's website.
Sec. 29.01.030. Sec. 29.01.040. - Adoption of construction management plan
requirements.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth those regulations contained in
the Construction Management Plan Requirements Manual, as may be amended from time to time
by the City Engineer. At least one (1) copy of the aforementioned Manual shall be available for
public inspection at the Community Development Department, the Engineering Department and
on the City of Aspen's website.
Sec. 29.01.040. Sec. 29.01.050. - Applicability.
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This Chapter applies to all construction, development, redevelopment, modifications and
additions to existing developments, any work within the right-of-way, and Title 26 development
applications and plats, annexations and vacations.
Unless specifically exempted, the provisions of this Chapter shall supplement any and all
existing laws and shall apply to all persons, without restriction, and to conditions arising after the
adoption thereof, to conditions not legally in existence at the time of adoption of this title, and to
conditions which, in the opinion of the city engineer or designee, constitute a distinct hazard to
life or property.
The Engineering Standards, Banner Standards, and Construction Management Plan
Requirements provide policies and design guidelines to city agencies, design professionals,
private developers, and community groups for residential and commercial development that
ensure the public welfare, preserve the community aesthetic, and promote efficient development
within the City limits of Aspen.
The City of Aspen shall use the policies, criteria and information including specifications and
standards in the latest edition of the Engineering Standards, Banner Standards, and Construction
Management Plan Requirements for the proper implementation of the requirements of this Title.
The Engineering Standards, Banner Standards, and Construction Management Plan
Requirements may be periodically amended as necessary to provide additional clarity or to
reflect procedural revisions or changes in construction or engineering practices. Such revisions to
these standards or requirements may consist of either "procedural" revisions or "technical"
revisions. Any other amendments to the Engineering Standards, Banner Standards, and
Construction Management Plan Requirements shall be adopted by City Council Resolution.
Examples include revisions that are considered major changes, changes in law and changes that
will cause significant increased cost or controversy.
Sec. 29.01.050. Sec. 29.01.060. - Review authority.
The City Engineer, or designee, is authorized to make and enforce the rules and regulations
contained in the Engineering Standards, Banner Standards, and Construction Management Plan
Requirements in order to carry out the intent of the standards and requirements of this Title.
Where no specific or applicable rules, regulations, or standards appear to be set forth in the
Engineering Standards, Banner Standards, Construction Management Plan Requirements, or
other rules, regulations, standards, guidelines, and recommended practices, as published by
professional associations, technical organizations, model code groups, and similar entities, may
be used by the City for guidance.
Sec. 29.01.060. Sec. 29.01.070. - Review procedure.
(a)
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Review process. The City Engineer shall have the authority on behalf of the City of Aspen to
determine that all design and construction is completed to a level that is equal to or exceeds the
requirements set forth in this Chapter, the Engineering Standards, Banner Standards, and the and
Construction Management Plan Requirements.
Sec. 29.01.070. Sec. 29.01.080. - Variances.
(a)
Authority. The City Engineer may grant variances to the Engineering standards. Variances are
deviations from the terms of this Chapter which would not be contrary to the public interest.
(b)
Standards. In order to authorize a variance from the Engineering standards or construction
management regulations, the following standards shall be met:
(1)
There exist practical difficulties and unnecessary hardships inconsistent with the purpose and
intent of the Engineering standards.
(2)
The issuance of a variance shall not compromise the safety of a site or structure.
(c)
Application. Requests for variances from the standards, policies or submittal requirements of this
document shall be submitted in writing with appropriate documentation and justification to the
City Engineer. An application for a variance from the Engineering standards shall include, at a
minimum, the following information:
(1)
The criteria from which the applicant seeks a variance.
(2)
A written justification outlining why the criterion cannot be met.
(3)
An alternate criteria or standard that is proposed to comply with the intent of the criteria from
which the variance is sought.
(4)
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Page 8 of 11
Supporting documentation, including necessary calculations, etc.
(5)
An explanation of any potential adverse impacts of the proposed variance to adjacent
landowners.
(6)
An analysis of the variance request must be signed and stamped by a Professional Engineer
licensed in the State of Colorado.
Upon receipt of a complete application for a variance, the City Engineer shall prepare a
statement, approving, approving with conditions, or denying the variance. During the course of
reviewing the requested variance, the City Engineer may request additional information needed
to make a decision. The City Engineer may also request modifications of the proposed variance.
(d)
Expiration. Except as otherwise established in this Title or through vesting of a site specific
development plan pursuant to Title 26, a variance granted under this Chapter shall automatically
expire after twelve (12) months from the date of approval unless a building permit application
submittal is accepted by the Chief Building Official.
The City Engineer may grant an extension to an approved variance. All requests for extensions
must be submitted prior to the expiration of the variance, must demonstrate good cause showing
the extension is necessary, and must demonstrate that the circumstances for granting the variance
are still applicable.
(e)
Appeals. An applicant may appeal a variance decision pursuant to Section 29.02.110, Appeals.
Sec. 29.01.080. Sec. 29.01.090. - Right-of-entry.
Upon presentation of his or her credentials, the City Engineer or his or her duly authorized
representative may enter at any reasonable time any building, structure or premises in the City
that is the subject of an active building permit to perform any duty imposed upon him or her by
this Code.
Sec. 29.01.090. Sec. 29.01.100. - Stop work orders.
Whenever any construction or other work is being performed contrary to this Code the City
Engineer shall order the work stopped by notice in writing served on any person engaged in the
doing or causing of such work to be done. It shall be unlawful for any person to fail or refuse to
obey such order. Each day that one so notified, or any other person who can reasonably be
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Amendments to the Municipal Code related to Banners and Flags
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expected to be informed of the notice, fails to comply with the order shall constitute a separate
offense.
Sec. 29.01.100. Sec. 29.01.110. - Violations and penalties.
Any person violating any provision of this Chapter may be punished by a fine, imprisonment or
both a fine and imprisonment, as set forth in Section 1.04.180 of this Code. Each day any
violation of this Chapter shall continue shall constitute a separate offense.
Sec. 29.01.110. Sec. 29.01.120. - Violations and penalties not to excuse abatement.
The application of any penalty under this Chapter shall not constitute the condoning or legalizing
of any prohibited condition or prevent the abatement or enforced removal of such condition by
any lawful means available to the city.
Sec. 29.01.120. Sec. 29.01.130. - Reserved.
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Page 10 of 11
Exhibit B to Ordinance #02, Series of 2026
Chapter. 21.37. – Flags and Banners on Light Poles and Across Main St.
Section 21.37.010. Purpose.
Banners and flags hung from light poles have traditionally been permitted to further a
variety of interests, such as to celebrate special events of community interest. The
purpose of these policies and regulations is to clarify the manner of displaying banners or flags
hung from the City-owned light posts and across Main Street at Third Street.
Section 21.37.020 Banner Standards.
Banners and flags displayed on light poles or spanning Main Street should comply with the
Banner Standards (as adopted in 29.01.030). Except as specifically set forth herein, Banner
Standards shall set forth eligibility, size and material specifications, and applicant procedure. At
least one (1) copy of the Banner Standards shall be available for public inspection at the
Community Development Department, the Engineering Department and the City of Aspen's
website. Banner Standards may be amended from time to time by Resolution of the City Council.
Section 21.37.030 Eligibility.
Only City owned banners are permitted to go on light posts or across Main St.
Section 21.37.040. Size/Number/Material.
Banner Standards shall set forth flag and banner size, number, and material specifications.
Section 21.37.050. Copy.
The City reserves the right to request changes to the design, color or copy in order to assist the
applicant in complying with this policy.
Section 21.37.060 Cost/Fees/Procedures.
The cost of installation is outlined in the current fee schedule as amended from time to time, and
must accompany the application form and be reviewed in the Engineering department thirty (30)
days prior to the date the banner will be hung. All organizations will be charged the same rate,
accordingly. For the duration of the application process, ownership of the banners shall be
transferred to the City of Aspen.
Section 21.37.070 Banner Permit Application.
A banner permit application must be obtained from the Engineering department and completed
by the party making the request and submitted to the Engineering department no less than thirty
(30) days prior to the date requested to hang the banner. The exact legend of the banner must be
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indicated in writing (see specific area on application form). Sponsors are advised that banners are
most visually effective when kept simple: i.e., event, date organization and logo.
Section 21.37.080
Exceptions. Any exceptions from the above requirements shall require City Council review and
approval.
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Banner Standards
Main Street Banners & Light Pole Flags
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City of Aspen: Banner Standards February 2026 Page 1 of 9
Contents
Contents ......................................................................................................................... 0
Overview ......................................................................................................................... 2
Eligibility ......................................................................................................................... 4
Process ......................................................................................................................... 5
1.1 Reservation Priority and Time Frames............................................................. 5
1.1.1 Display Duration ................................................................................ 5
1.2 Application ....................................................................................................... 5
1.3 Fees and Payment ............................................................................................ 6
1.4 Banner/Flag Drop Off and Pick Up ................................................................... 6
State Highway 82 - Colorado Revised Statutes ................................................................... 7
Banners Across Main Street Specifications ......................................................................... 8
Flags on Light Posts Specifications ...................................................................................... 9
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City of Aspen: Banner Standards February 2026 Page 2 of 9
Overview
The objective of the City of Aspen’s Banner Standards is to define requirements for the City run
Banner Program. The Standards define policies and allowances for banners and flags.
The term “Banners” refers to banners located on wire lines running across Main St near the Third
St intersection. The term “Flags” refers to all flags placed on City-owned light posts.
The City of Aspen provides space for banners across Main Street with the intent of advertising
events for non-profit organizations.
The banners over Aspen’s Main Street have a long history in Aspen. Banners were first placed
over the City’s Main Street in the 1950s and have been continually placed over Main Street at
the same location continuously since then. Flags and banners hung around town have
traditionally served a variety of interests, such as to celebrate special events of community
interest.
Any exceptions to the requirements listed in these standards must be approved by the City of
Aspen City Engineer.
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City of Aspen: Banner Standards February 2026 Page 3 of 9
Figure 1: Banners Crossing Main St Figure 2: Banners Crossing Main St Location
Figure 3: Flag on Light Post Figure 4: Flags on Light Posts Locations
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City of Aspen: Banner Standards February 2026 Page 4 of 9
Eligibility
The City of Aspen provides space for banners across Main Street and flags on light posts with the
intent of advertising events for non-profit organizations. The following criteria must be met for
any banner or flag hung across Main Street or placed on City owned light posts.
1. No commercial advertising will be allowed, except in cases where a sponsoring entity's
name is part of the name of an event. In such cases, the organization promoting the event
may not construct the banner such that sponsoring entity's commercial name is the most
overwhelming aspect of the banner and the sponsor's name and logo shall be no more
than thirty percent (30%) of area of the sign.
2. Displayed events must be within the community or immediately adjacent.
3. No QR code, telephone number, address, website URL, or email address allowed.
4. No political advertising of any kind shall be permitted.
5. No inappropriate language or symbolism is allowed. The City of Aspen reserves the right
to refuse or take down any flags or banners deemed inappropriate.
6. Any temporary sign which extends over or onto a public right-of-way shall be erected and
maintained in such a manner as to not interfere with or obstruct access, activity, or vision
along any such public right-of-way.
7. Only banners and flags submitted by the City of Aspen, non-profit organizations, or
community wide event coordinators will be approved.
8. Any entity that wishes to display a banner must convey ownership of that banner to the
City for the duration of the display time. Applicants shall provide the banner/flags. Once
delivered to the City of Aspen the banners/flags ownership is conveyed to the City of
Aspen.
9. The City reserves the right to request changes to the design, color, or copy to assist the
applicant in complying with the policies set in place.
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City of Aspen: Banner Standards February 2026 Page 5 of 9
Process
1.1 Reservation Priority and Time Frames
Reservations will open each year on the first business day in November for the upcoming year.
Applicants are required to submit an application via the COA Salesforce Portal at least three (3)
months prior to the event. See attached appendix for Salesforce application instructions. The
application shall show the dimensions, design and colors of the proposed banners or flags.
Spaces are reserved on a first-come-first-served basis with preference as follows:
o City sponsored events shall be prioritized over other applicants.
o Non-profit events within Aspen which are free to the public;
o Free community events taking place within Aspen sponsored by a non-profit;
o Non-profit events that take place in Aspen and charge a fee for participation;
o Free community events sponsored by other than a non-profit taking place within Aspen;
o Events taking place outside of the City are considered last.
The length of time that a banner is to be hung is not guaranteed and may be shortened at the
discretion of the City. Based on his/her judgment as to the best interest of the City, the
Engineering Department may determine which banners are to be given priority when there are
multiple requests for the same time period.
Only single-sided banner spaces are available. During peak demand spaces will be allocated to
serve as many community organizations as possible.
Flag placement may be required to alternate light posts with other organizations if multiple
requests are submitted for the same time duration.
1.1.1 Display Duration
Banners and flags may be hung in the duration of either 7 or 14 days starting and ending on
Mondays.
The display of banners and flags shall not exceed fourteen (14) days or the duration of the event,
whichever is less. Reservations for the 14-day allowed period may not be booked back-to-back.
Banner and flag approvals are not guaranteed and will only be hung upon availability of the
Electric and/or Parks Department staff. The length of time that a banner is to be hung is not
guaranteed and may be shortened at the discretion of the City.
1.2 Application
Applicants shall apply through the COA Salesforce Portal. See attached instructions on how to
register for Salesforce and apply.
The following information is required in the application:
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City of Aspen: Banner Standards February 2026 Page 6 of 9
· Name of Organization
· Contact Person
· Contact Person Email Address
· Contact Person Phone Number
· 501c3 Non-Profit Number
· Dates requesting banner to be displayed (Monday to Sunday)
· Description of Banner/Flag Display
o It was found that banners are most visually effective when kept simple; i.e., event, date,
organization and logo.
Applicants are responsible for obtaining their own banners and flags and delivering them to the
City of Aspen for hanging.
1.3 Fees and Payment
Refer to Title 2.12.051 of the municipal code for current banner fee rates.
Banners will not be hung if payment is not received.
Payments are non-refundable if the size, material or mounting systems are not aligned with the
City of Aspen standards.
If there is any damage caused to flags or banners, there will be no refunds issued. The City of
Aspen is not responsible for any maintenance of the flags and banners beyond installation and
removal.
Payment shall be made via the Salesforce portal or via check delivered to the Engineering
Department at City Hall, 427 Rio Grande Pl. Refer to the Salesforce instruction manual for online
payments.
1.4 Banner/Flag Drop Off and Pick Up
Drop Off
Flags or banner shall be delivered to the ‘drop off’ bin at the Electric Department at 219 Puppy
Smith St, Aspen, CO 81611, by Friday at noon prior to installation. Upon drop off all flags and
banners are deemed the sole property of the City of Aspen. A late fee will be imposed if
banners/flags are not delivered on time. Late drop-offs of banners and flags will be hung based
on availability of City of Aspen staff and there is no guarantee that flags dropped off after Friday
will be displayed.
Pick Up
The applicant may request that once flags or banners have been removed, that the applicant
may regain ownership by picking up the banners or flags from the ‘pick up’ bin at the Electric
Department within 7 days of the end of the display. If the banners or flags are not picked up
within this time frame, the City of Aspen may dispose of or use the banners or flags in any manner
it sees fit. The applicant is deemed to waive any objections to or claims regarding the City’s
disposal or use of the flags or banners.
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City of Aspen: Banner Standards February 2026 Page 7 of 9
State Highway 82 - Colorado Revised Statutes
The following Colorado Revised Statutes (C.R.S.) speak to policies for banners and flags displayed
within municipalities.
C.R.S. Section 43-2-135 describes jurisdiction of streets in municipalities that also serve as state
highways. That section states in pertinent part:
(1) The jurisdiction, control, and duty of the state, cities, cities and counties, and
incorporated towns with respect to streets which are a part of the state highway system
is as follows:
(a) The city, city and county, and incorporated town shall exercise full responsibility for
and control over any such street beyond and including the curbs and, if no curb is installed,
beyond the traveled way, its contiguous shoulders, and appurtenances; except that the
regulation and control of driveways shall be subject to the provisions of section 43-2-147.
(b) The department of transportation has authority to prohibit the suspension of signs,
banners, or decorations above the portion of such streets between the curbs or portion
used for highway purposes up to a vertical height of twenty feet above the surface of the
roadway.
City banners are placed above the 20-foot requirement thus complying with C.R.S Section 43-2-
135.
Furthermore, the Banner Program is consistent with the declarations within the purpose and
intent statement of CRS Section 43-1-402(1)(a) the Outdoor Advertising Act (“Act”), including all
of the following subsections:
(III) Promotion of the recreational value of public travel;
(IV) Promotion of public pride and spirit both on a statewide and local basis;
(V) Preservation and enhancement of the natural and scenic beauty of this state;
(VI) Broadening the economic well-being and general welfare by attracting to this state
tourists and other travelers;
(VII) Providing the traveling public with information as to necessary goods and services
in the immediate vicinity of the traveler;
(VIII) Protection and encouragement of local tourist-related businesses for the general
economic well-being of this state;
The events that the City promotes are important to the City and the traveling public consistent
with the intent and purpose of the Act. The banners displayed are owned by the City of Aspen
and are considered by the City as promoting all the goals set forth above, providing notice of
important local events and welcoming our visitors.
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City of Aspen: Banner Standards February 2026 Page 8 of 9
Banners Across Main Street Specifications
All banners must meet the City’s specifications for size, material, and mounting. Banners shall be
twelve feet wide and three feet tall to be compatible with mounting system on the across Main
St. Banners shall include 14 grommets extending 24” apart along the top and bottom. Banners
must be made of a woven mesh material and single sided. Any submitted banners made of air
impermeable plastic, or any other materials are not allowed. Reference the Banner Specification
Diagram below for additional details.
Single Sided
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City of Aspen: Banner Standards February 2026 Page 9 of 9
Flags on Light Posts Specifications
All proposed flags must meet the City’s specifications for size, material, and mounting. Flags shall
be two feet wide and four feet tall to be compatible with mounting system on the light posts.
Flags may be made of a vinyl or woven mesh material including 2 pole pockets at the top and
bottom with 4 grommets located in each corner. Reference the Flag Specification Diagram below
for additional fabrication details.
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77
Contents
1. Introduction
1.1 Overview
1.2 What is the Aspen Permit Portal
1.3 Applicant Process
2. New User
2.1 Accessing the Permit Portal
2.2 Creating an account
3. Submitting an Application/Permit
3.1 Application Sequence Overview
3.2 Filling out the application
3.3 Document Submissions
4. Payments
4.1 Review Fees in cart
4.2 Payment Methods
4.3 Receipts
5. Correspondence
5.1 What to expect
5.2 Di,erent communication methods
6. Support & Resources
78
1. Introduction
1.1 Overview
The City of Aspen Banner Program now processes all banner applications through its permitting portal, enabling
improved tracking of reservations and streamlined payment options. This manual provides a comprehensive
overview of the application process to support successful submission.
1.2 What is the Aspen Permit Portal
The Aspen Permit Portal uses Salesforce, a secure, web-based system that allows City sta, to manage
permit applications e,iciently. This platform provides a complete view of application history, helping
ensure timely review and responsive customer service.
1.3 Applicant Process
79
2. New User
2.1 Accessing the Permit Portal
The applicant portal can be accessed through the City of Aspen webpage
https://aspen.gov/1578/Apply-for
1.2 Creating an account
Select “register for permit portal” from the following badges:
Click Here
80
Complete the required fields and click “Next”
Once all fields are completed. You will need to wait 24-48 hours for your account to be created. All
updates will be sent to the email you used at registration.
You will have access to login to your account once you have received an email confirmation.
81
3. Submitting an Application/Permit
3.1 Application Status Overview
Draft Application: application has not yet been submitted and only the applicant can view it
New Application: Application has been submitted and has entered the Engineering’s queue
Application Completeness review: Application has been removed o, the queue and is being reviewed.
Complete Pending Submittal Fees: The requested time for the reservation is available and the
application requires payment before moving forward
Issued: Payment has been received and reservation can now be confirmed
Closed/Final: The reservation has been fulfilled no further action required from applicant
or sta,.
Canceled: Application process stopped
3.2 Filing out the application
The application will require the following categories to be filled out in the following order:
Applicant Details: Allows applicant to attach application to a company
Permit Contacts: This section is for adding contacts related to your permit application so that they may
have direct access to this record.
Permit Basics: Capture details of the reservation (ex: nonprofit, banner type, display date, description)
Submissions: Upload supporting documents for your reservation
Attestation: Electronic confirmation that you have read and agree to the terms of the application policies
3.3 Document Submissions
The City of Aspen Engineering sta, will need the following to fully review your banner application:
82
Proof of design: An image depicting the details to be printed on the banner: name of event, date,
organization, logo
If your organization is a non-profit you will need to submit proof of your organization and provide the
501c3 non-profit number
Prior to finalizing your design please review our Banner Standards to ensure it follows the policies and
regulations.
83
4.0 Payments
4.1 Review Fees in Cart
All fees will be accessible for review and payment once your permit application is in the “Complete
Pending Submittal Fees” Status. You will not only receive an email from the permitting portal but it will
also be available in your “cart” details in the portal.
4.2 Payment Methods
For your convenience we o,er a variation of payment methods, as described below.
Online via Credit Card
Applicants can login into the portal and submit payment online with a credit card. The system will
request to capture credit card details and will automatically send an emailed receipt upon payment. The
Engineering sta, will also be notified of your payment and will continue moving forward with the
application process.
*Processing service fee will apply
*Only applicant listed on the online application will have access for this payment type
Online via E-Check
Applicants can login into the portal and submit payment online with an e-check. The system will request
to capture check details and will automatically send an emailed receipt upon payment. The Engineering
sta, will also be notified of your payment and will continue moving forward with the application process.
*Processing service fee will apply
*Only applicant listed on the online application will have access for this payment type
Over the Phone Credit Card Payment
Applicants can call the Engineering main line (970)920-5080 and speak with the Engineering Banner
Program Administrator to pay over the phone using a credit card. The following details will be asked for
from the applicant for payment processing: First and Last name, billing address, credit card number,
mobile number. The system will automatically send an emailed receipt upon payment. The Engineering
sta, will also be notified of your payment and will continue moving forward with the application process.
*Processing service fee will apply
Mailing or Dropping O’ a Check
A check can be dropped o, or mailed to 427 Rio Grand Place, Aspen CO81611
The check must contain the permit number in the memo for reference. Once received and processed you
will receive an emailed receipt and the program administrator will move forward with the application
process.
*No processing fee
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(preview of the online check out page)
4.3 Receipts
Regardless of the payment method selected, all will trigger an automatic email to be sent from the portal
to the applicant’s email address. A receipt can be requested at any time by contacting the program
administrator.
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5.0 Correspondence
5.1 What to Expect
The Online Permitting Portal is automated to send emails and also has the capacity to have a portal
messaging system. To ensure that you are acting appropriately on each communication, it will be
thoroughly described in this section.
5.2 Di,erent Communications Methods
Salesforce Automated Emails: Sent when application has been modified, notification of action required,
confirmation. These emails are sent through the portal and do not require a response.
Salesforce Chatter: An function that allows applicant/internal sta, to message directly through the
application itself. This is recommended for quick questions or clarifications. If a chatter is received in the
application, you will receive an email notification from the system. Do not reply to the email, but rather
sign in and locate the application that is being referenced in the chatter
Email the department: If you seek further information please feel free to contact our department by
emailing your inquiry to engineeringhelp@aspen.gov or call our main line at (970)920-5080, a sta,
member will respond within 24hrs
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6.0 Support and Resources
The Aspen Permitting Portal support is managed by an internal team.
You can contact us via email at sfsupport@aspen.gov or calling to 970-920-5065, and we will help you as
soon as possible.
You may also find detailed portal help guides on the webpage: https://aspen.gov/1211/Permit-Portal-
Support
If you seek further assistance please feel free to contact our department by emailing your inquiry to
engineeringhelp@aspen.gov or call our main line at (970)920-5080, a sta, member will respond within
24hrs
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Ordinance #03, Series of 2026
First Reading, Updates to Fees for Banner and Flag placement
Page 1 of 4
ORDINANCE NO. 03
SERIES OF 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ADJUST
MUNICIPAL FEES INCLUDED UNDER SECTION 2.12.051 and 2.12.080 OF THE
MUNICIPAL CODE.
WHEREAS, the City Council has adopted a policy of requiring consumers and users of
the miscellaneous City of Aspen programs and services to pay fees that fairly approximate the
costs of providing such programs and services; and
WHEREAS, the City Council has determined that Flags and Banner fees currently in
effect do not raise revenues sufficient to pay for the attendant costs of providing said programs
and services, or are set above levels necessary to achieve full reimbursement of costs.
WHEREAS, Banner Fees are administered by the Engineering Department and not the
Parks Department.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
That Section 2.12.080 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth user fees for the Aspen Parks Department, is hereby amended to read as follows:
Parks Use and Special Event Fees
Administration Fee
One-Time Park Rental $22.00
Reoccuring Park Rental $90.00
Special Event Permit $180.00
Park Rental Fee
Base Rate (hourly) $32.00
Athletic Field Prep (per athletic season) $100.00
Add-On Fee: Additional Requested
Athletic Paint or Prep Fee (per day)
$45.00
Add-On Fee: Commercial Fee (per day) $25.00
Day Camp Use fee (annual) $100.00
Special Event Fee (per day)
Daily Rate (per park, per day) $768.00
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Ordinance #03, Series of 2026
First Reading, Updates to Fees for Banner and Flag placement
Page 2 of 4
Commercial Rafting Put-in Fee (per
season)
$300.00
Paragliding Fees
Landing Zone Fee (Per Year) $50.00
Paragliding Commercial Landing Fee $2.00
Flags and Banners
Flags on Main Street/Flag $18.00
Banners on Main Street/Banner $18.00
Mall Space Leasing
Price (PSF) $5.00
Filming
3—10 People $155.00
11 —30 People: Still $255.00
11 —30 People: Video $360.00
31—49 People: Still $360.00
31—49 People: Video $460.00
50 and Over People $870.00
Tree Fees
Standalone Tree Removal Permit $150.00
And per tree $10.00
Mitigation Fee $46.00
Parks Development Fees
Encroachment Review $180.00
Right-of-Way Review $210.00
Landscaping/Grading Review (PSF of
disturbance)
$0.28
Landscape/Resource Review (PSF of
disturbance)
$0.28
Fence Permit Review $60.00
Roofing Permit Review $100.00
That Section 2.12.051 of the Municipal Code of the City of Aspen, Colorado, which section sets
forth Engineering Department Fees, is hereby amended to read as follows:
Encroachment Fees
Encroachment License and Application $722.00
Encroachment Fees (Minor Encroachment < 3 hrs) $107.00
Vacation Application ($325 / hr for estimated 18 hours) $6,260.00
Permanent Encroachment Fee (per permit) $1,000.00
Permanent Encroachment for Earth Retention (per
cu.ft./mo.)
$1.40
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By commercial operations not associated with construction,
including contractors and vendors (PSF/mo)
$5.00
Base cost within the core by commercial operations
associated with construction, including contractors and
vendors (PSF/mo). Fees increase by 20% for first exception
granted, 30% increase for second exception granted, 40%
increase for every exception granted thereafter.
$9.00
Outside of the core by commercial operations associated
with construction including contractors and vendors
(PSF/mo)
$7.00
Right-of-Way Permits
Solely Sidewalk and Pedestrian Improvements $749.00
Service Lines and Telecom Utility Trenching - Asphalt
Paving (may also include flatwork)
$1,873.00
Main Lines Utility Trenching - (may also include service
lines and flatwork)
$2,301.00
Impacted ROW area greater than 5,000 SF (PSF) $1.61
Critical Public Infrastructure - Submitted by Utility Provider
and not associated
$749.00
Landscape and Grading Permit
Engineering Development Review Fee See fee schedule
Construction Mitigation Review Fee (as applicable) See fee schedule
Parks Development Review Fee (as applicable) See fee schedule
Zoning Hourly Review Fee (as applicable)/hr $325.00
Construction and Demolition Debris Diversion Fees and Penalties
Social Cost of Carbon for C&D Materials (per ton) $495.00
Flags and Banners
Single-Side Banner Fee $150
Light Poles Fee $1,200
Late Hang Fee (delivered after noon on Friday) $100
Flags and Banners FEE WAIVERS
Applications submitted for Flags and Banners by Government Agencies, Sister Cities,
as well as messages for Public Safety and Health are eligible to have Flags and Banner
fees waived.
Section 2:
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Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 4:
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.
Section 5:
A public hearing on this ordinance was held on the 10th day of March 2026, at a meeting of the
Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 10th day of February 2026.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Rachael Richards, Mayor
FINALLY, adopted, passed and approved this 10th day of March 2026.
_______________________________
Rachael Richards, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ______________________________
Nicole Henning, City Clerk Katharine Johnson, City Attorney
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Sourcewell contract overview
ofs.com imagine a place
Sourcewell
Sourcewell is a State of Minnesota local government agency and service
cooperative whose members include thousands of agencies in the
United States and Canada.
Membership in Sourcewell is open to public and nonprofit entities
across the United States and Canada; such as municipal, state/province,
K-12 and higher education, tribal government, and other public entities.
Contract information
Contract #: 091423-OFS
Term: November 30, 2023 through December 4, 2027. Three
additional one-year extensions available.
Scope: All OFS, Carolina and ROOM products are available from the
latest and current catalogs and price lists
Email: Sourcewell@ofs.com
“We at OFS, Carolina and ROOM are proud to offer
this government agency contract to our public
agencies. Sourcewell has a stellar reputation in the
cooperative landscape and has been a valued partner
to us and to our clients for many years.”
Anna McClelland
Vendor contact:
Anna McClelland
704.771.9003
amcclelland@ofs.com
or your OFS representative
To learn more about this contract,
please visit: www.sourcewell-mn.gov/
or ofs.com/resources/contracts/sourcewell
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ofs.com imagine a place 800.521.5381
Sourcewell contract #: 091423-OFS
Award date: 11/30/2023
Expiration date: 12/4/2027 (Three additional one-year extensions available)
Price list name & date Client discount % off of
the current list price.
Dock delivery
Volume discount
$100,001+
OFS and Carolina price lists -Current at time of
order. OFS and Carolina may be combined to reach
the next tier. Excluding Open Plan and ROOM
54.0%Negotiable
Open Plan (from Open Plan price lists. Example:
Staks, Range, Agile, etc)
59%Negotiable
ROOM 54%54%
Services Negotiable
Terms Net 30 days FOB Destination.
P-card payments are subject to a processing fee that may vary by state
Taxes Each Participating Entity is responsible for supplying the Supplier with valid tax exemption
certification(s). When ordering, a Participating Entity must indicate if it is a tax exempt entity.
Dock Delivery: All deliveries shall be delivered to the customer or dealer loading dock or site. End-User / buyer is responsible
for unloading, unboxing, and assembly. Inside delivery or installation costs are to be quoted per project by an authorized
dealer.
Order Instructions: Address orders either to OFS or to Authorized Dealer
●Customer purchase order, whether addressed to OFS or to an authorized dealer shall include the OFS Sourcewell
contract number #091423-OFS
●When ordering through OFS, list services such as installation separate from the product total. When ordering
through dealers, services, and products may be separated or combined
●The dealer shall forward a copy of the end-user purchase order or signed proposal to OFS
When addressed to OFS:
OFS
℅ Participating Dealer (if working with a dealer)
1204 East Sixth Street
Huntingburg IN 47542
Attention: order_entry@ofs.com
Tag: Sourcewell contract order 091423-OFS
When addressed to Dealer:
Dealer Name
Dealer Address
Tag: OFS Sourcewell Contract #091423-OFS
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Proposal Instructions: When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost
of acquisition. This means that the quoted cost is for delivered equipment, products, and services that are operational for
their intended purpose and includes all costs to the Member’s requested delivery location.
Canadian orders: Email Sourcewell@ofs.com for information pertaining to Canadian purchases
Dealers: OFS/Sourcewell dealers may be found by contracting your local OFS/Carolina/ROOM representative or emailing
Sourcewell@ofs.com or online at: https://ofs.com/resources/contracts/sourcewell
OFS Contract contacts:
Andrea Whitworth Anna McClelland
AWhitworth@ofs.com AMcClelland@ofs.com
336-870-4050 704-771-9003
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Aspen Parks and Open Space Remodel Source Furniture Contract
CITYOFASPENSTANDARDFORMOFAGREEMENT
SUPPLY PROCUREMENT and PROFESSIONAL SERVICES
City of Aspen Contract No.: 2026-046
AGREEMENT made the 23rd day of January, 2026.
BETWEEN the City:Contract Amount:The City of Aspen
427 Rio Grande PlaceAspen, Colorado 81611Phone: (970) 920-5079
And the Professional:
Source Office & Technology13350 W. 43rd DriveGolden, CO 80403US970-945-5151ryan.coy@sourceot.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: 02/10/2026
Resolution No.: 2026-021
Exhibit A: List of supplies, equipment, or materials to be purchased, Scope of Work, andFee Schedule.Exhibit B: Sourcewell contract overviewExhibit C: Sourcewell Solicitation Number: RFP #091423
Total:$146,975.91
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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 City of Aspen Parks Department 585 Cemetery Lane 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. See Exhibit C.
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 April 30, 2026, with the installation and operation of all theequipment no later than April 30, 2026. Upon request of the City, Professional shall submit,for the City's approval, a schedule for the performance of Professional's services which shallbe adjusted as required as the project proceeds, and which shall include allowances for periodsof time 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.
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(b) Not discriminate in the performance of the contract on account of actual orperceived race, color, religion, national origin, gender, physical or mentaldisability, 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.
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(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:
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 attached Exhibit A, B, and C.
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 Party
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consents 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.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).
27. Order of Precedence of Contract Documents. The terms and conditions set forth in theCity of Aspen Standard Form of Agreement establish the rights, obligations, and remedies of theparties. No additional or different terms or conditions, whether contained in bid packets,documents, order forms, or any other document or communication pertaining to the agreementwill be binding upon the City of Aspen unless accepted in writing by an authorized representativeof the City. In the case of conflicts or inconsistencies between the City of Aspen Standard Formof Agreement and any other document attached thereto which cannot be resolved by giving effectto both provisions, the City of Aspen Standard Form of Agreement shall control.
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Supply Procurement and Professional Services Page 9Updated 08/2025
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
Docusign Envelope ID: B924D31D-09A1-4122-A9CE-C01E7E2BBB3C
Justin Barrow
Sales
1/26/2026 | 9:10:54 AM MST
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