HomeMy WebLinkAboutagenda.council.regular.20221213AGENDA
CITY COUNCIL REGULAR
MEETING
December 13, 2022
5:00 PM, City Council Chambers
427 Rio Grande Place
I.Call to Order
II.Roll Call
III.Scheduled Public Appearances
III.A Proclamation for Police Chief Richard Pryor
IV.Citizens Comments & Petitions
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(Time for any citizen to address Council on issues NOT scheduled for a public hearing.
Please limit your comments to 3 minutes)
1
V.Special Orders of the Day
VI.Consent Calendar
VI.A Resolution #142, Series of 2022 - Burlingame Early Childhood Education Center -
Design Contract, Change Order 1
VI.B Resolution #149, Series of 2022 - Professional Services Contract Approval -
Community Office for Resource Efficiency (CORE)
VI.C Resolution #152, Series of 2022 - Inflation Relief Grant Funding Recommendation
VI.D
Resolution #153, Series of 2022 - Amending the Destination Marketing/Tourism
Promotion Agreement with the Aspen Chamber Resort Association (ACRA)
VI.E
Resolution #154, Series of 2022 - Amending the Visitor Services and Event
Production Agreement with the Aspen Chamber Resort Association (ACRA)
VII.Notice of Call-Up
VIII.First Reading of Ordinances
IX.Public Hearings
a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's
Comments d) Board Reports
(These matters may be adopted together by a single motion)
Council memo_12.13.22.docx
Exhibit A_Resolution No.142 - Land and Shelter Add Service.doc
Exhibit B_ Change Order.pdf
CORE Professional Services Contract Memo.docx
Attachment A - Resolution #149-22.pdf
Attachment B - CORE Professional Service Agreement.pdf
2022.12.13_Inflation Relief Grant Funding Recommendations .docx
Attachment B_Resolution No. 152_Inflation Relief Grants.docx
Attachment A_Inflation Relief Grant Funding Recommendations.docx
01 ACRA VC and DM extension cover memo 12.13.2022.docx
02 Resolution #153 - 2022 Addendum to Tourism Promotion Fund.doc
03 resolution.council.180-17 DM.pdf
04 Addendum to Tourism Promotion Agreement (12-08-22) (Draft #1)(clean
version).docx
05 Resolution #154 - 2022 Addendum to ACRA Agreement for isitor and Guest
Services.doc
06 resolution.council.187-16 visitor centers and events.pdf
07 Visitor Centers Adendum.pdf
08 Addendum to VC Agreement (12-07-22).docx
2
X.Action Items
XI.Adjournment
3
Page 1 of 2
MEMORANDUM
TO: Mayor Torre and Aspen City Council
FROM: Jen Phelan, Development Manager
THROUGH: Scott Miller, Public Works Director
MEETING DATE: December 13, 2022
RE: Resolution No. 142 (Series of 2022), Burlingame Early Childhood Education
Center design team contract Change Order with Land and Shelter, Inc.
REQUEST OF COUNCIL: Staff is requesting approval of Resolution No. 142 (Series of 2022) and the
associated Change Order with Land and Shelter, Inc. for expanded scope of Part 1, Conceptual/Schematic
Design of the Burlingame Early Childhood Education (ECE) center.
SUMMARY AND BACKGROUND: The city, through an RFP process, has contracted design services with
Land and Shelter, Inc. for the Burlingame ECE center and associated housing through construction
documents. As discussed at the December 5th work session, the original contract with Land and Shelter
was for a design not to exceed 12,000 sq. ft.. Through the initial programing and conceptual design
process, the ideal program for the ECE center and the housing component was realized and the resulting
square footage exceeds the parameters of the contract. the design team has requested a change order,
as outlined in the executed contract, to reflect the increased scope of work.
Staff and the lead architect negotiated the value of the fee increase and based upon the added scope have
determined that an amount of $87,133.00 is an appropriate and fair ask from the design team. The original
contract for Part 1, which includes the architectural team and sub-consultants is for $227,241.00 (not
including reimbursable expenses).
DISCUSSION: The change order request represents a fee increase based on an increased scope of design
work. At the December 5th work session, Council informally supported the fee increase and Resolution
No. 142 formalizes the change order request.
FINANCIAL IMPACTS: The lifetime budget currently allocated for this project is $1,250,000.00, with
$1,100,000.00 appropriated in 2022. The 2022 appropriations can absorb the change order amount.
ENVIRONMENTAL IMPACTS: The design work associated with this change order has limited
environmental impacts. The proposed buildings can be developed to the environmental standard
requested by the city (potentially net zero and is anticipated to be designed to enhance energy and
resource efficiency, which is an objective of the Climate Action Plan and aligns with Council’s carbon goal.
ALTRENATIVES: Staff recommends compensating the consultants for the expanded scope as they have
been working in good faith to complete the schematic design with the preferred Hillside concept and
Page 2 of 2
identified programming. Alternatively, Council could direct staff to continue negotiations with the design
team.
RECOMMENDATION: Based on the increase in scope due to the ideal program that was developed, staff
recommends approval of the Land and Shelter, Inc. change order.
CITY MANAGER COMMENTS:_____________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
EXHIBITS:
Attachment A: Resolution No. 142 (Series of 2022)
Attachment B: Land and Shelter, Inc. Change Order #01
RESOLUTION NO. 142
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADD SERVICE BETWEEN THE CITY OF
ASPEN AND LAND AND SHELTER, INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID ADD SERVICE ON BEHALF OF THE CITY
OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an add service to
the Burlingame Early Childhood Education Center design services, between the
City of Aspen and Land and Shelter, Inc., a true and accurate copy of which is
attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that add service
for, $87,133.00 between the City of Aspen and Land and Shelter, Inc. a copy of
which is annexed hereto and incorporated herein and does hereby authorize the
City Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ, AND ADOPTED by the City Council of the City
of Aspen on the 13th day of December 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, December 13, 2022.
Nicole Henning, City Clerk
+ L+S
Post Office Box 550, Carbondale, Colorado 81623
Tel 970.963.0201 Fax 970.963.0289
Email info@landandshelter.com www.landandshelter.com
AFA
3457 Ringsby Court, Denver, Colorado 80216
Tel 303.383.1111 Fax 303.383.2135
Email info@fordarch.com www.fordarch.com
RDG
1302 Howard St, Omaha, Nebraska 68102
Tel 402.392.0133 Fax 402.392.0413
Email omaha@rdgusa.com www.rdgusa.com
1/ 1
Burlingame ECE/Housing Phase 1, Change Order Request
L+S/AFA/RDG Team
12/06/2022
Reasons for Change:
Contract Fee Exhibit C was submitted along with “Burlingame Childcare Assumptions 3/4/22” as explanation of fee-
basis. Floor area contract fee assumption was originally 12,000sf total and is now over 18,000sf. The project has
increased in size and complexity and increases the number of hours needed for professional services. A change order
(No 01) is requested in the amount of $87,133.00
Signed:
Andrea Korber Land+Shelter, Inc
Sara Ott, City of Aspen.
Burlingame Early Childhood Education Center Change Order
L+S/AFA/RDG Team
6-Dec-22
Company Name
Existing Phase 1
Contract Fee
Current
Additional Phase
1 Fee Requested
Proposed Phase 1
Contract Fee
Architect L+S/AFA/RDG $ 128,600 $ 68,107 $ 196,707
Landscape Architect DHM Design 10,720$ 5,677$ $ 16,397
Civil Engineering Sopris Engineering 10,909$ -$ $ 10,909
Sustainability Consultant Group14 9,829$ -$ $ 9,829
Community Relations PR Studio 23,625$ -$ $ 23,625
Traffic McDowell 4,180$ -$ $ 4,180
Structural Engineer Evolve 12,010$ 6,360$ $ 18,370
Mechanical Engineer Branch Pattern 13,197$ 6,989$ $ 20,186
Irrigation KDI Systems 1,920$ -$ $ 1,920
Land Planning Davis Horn 6,000$ -$ $ 6,000
Acoustics & Tec Branch Pattern 5,751$ -$ $ 5,751
Food Service Sturm 500$ -$ $ 500
Team Reimbursable (Everyone on the team)22,724$ -$ $ 22,724
total 249,965$ 87,133$ 337,098$
MEMORANDUM
TO: Mayor and City Council
FROM: Tessa Schreiner, Sustainability Manager
THROUGH: Phillip Supino, Community Development Director; CJ Oliver,
Environmental Health and Sustainability Director
MEMO DATE: December 5, 2022
MEETING DATE: December 13, 2022
RE: Professional Services Contract Approval - Community Office for
Resource Efficiency (CORE)
REQUEST OF COUNCIL: The purpose of this memo is to request City Council approval
of a professional services contract with the Community Office for Resource Efficiency
(CORE) (Attachment B).
SUMMARY AND BACKGROUND: In April 2022, the City of Aspen passed Building IQ,
a program that directly addresses emissions in existing buildings through a phased
approach of benchmarking and a building performance standard. Since the program’s
passage, CORE has been supporting the properties enrolled in the Building IQ program
through the existing partnership with the City. This support includes connecting with
property owners, providing technical assistance on benchmarking, and conducting
energy assessments to help building owners understand their property’s energy efficiency
status and needs.
In 2023, Building IQ will expand further to require more commercial properties to
benchmark, and to continue supporting property owners in the program, the city is moving
to a fee for service model for Building IQ support services.
DISCUSSION: This is a sole source vendor due to developed, existing relationships
between the City of Aspen and CORE, and between CORE and the Aspen community
(including commercial and residential property owners and residents). There is no other
entity that has local, existing relationships and the ability to deliver on key components of
this contract, including property assessments, rebates, grants, outreach, and technical
assistance.
CORE has been involved in the development of the Building IQ program since 2018 and
has supported the city in 2022 with the first benchmarking round of commercial properties,
so is very familiar with the program and well-poised to deliver the services in this contract.
This professional services contract for 2023 includes supporting property owners through
the benchmarking process (including doing assessments, providing rebates and grants
for any eligible upgrades done, and helping property owners submit their benchmarking
report to the city), tracking buildings in compliance, conducting analysis and reporting of
benchmarked buildings, leading on all outreach and engagement for the program
(including the Resource Hub), and supporting city staff on miscellaneous program
aspects.
This contract with CORE will help ensure that property owners have access to
personalized support for benchmarking and understanding their property’s utility usage.
This support will be crucial in preparation for the next phase of Building IQ, the
implementation of the building performance standard. This contract also supports city
staff in developing reports, analyzing the community’s benchmarking data, and creating
a suite of supportive resources that directly align with property owners’ needs.
FINANCIAL IMPACTS: At the October 24, 2022 budget work session, Council approved
the use of $400,000 (one-time) in REMP funds to begin implementation of the Building
IQ program through a 3rd party vendor.
ENVIRONMENTAL IMPACTS: Building IQ is one of the most impactful City of Aspen
programs developed to address greenhouse gas emissions in the built environment
(buildings account for 57% of the community’s emissions). For the Building IQ program
to succeed, property owners and residents in Aspen need access to educational
resources, technical assistance to support benchmarking, building assessments, and
rebates and grants – all of which CORE will provide through this contract.
ALTERNATIVES: Council could choose to request a change in vendors or direct EHS to
hire additional staff to deliver these services.
RECOMMENDATIONS: Staff recommends Council approval of this professional services
contract with CORE.
ATTACHMENTS:
A: Resolution #149-22
B: CORE Professional Services Contract
CITY MANAGER COMMENTS:
RESOLUTION #149
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND THE COMMUNITY OFFICE FOR RESOURCE EFFICIENCY (CORE)
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, the City of Aspen has set science-based targets for the
reduction of greenhouse gas emissions by 63% by 2030 and 100% by 2050;
WHEREAS, buildings account for 57% of the community’s emissions by
sector;
WHEREAS, in April 2022, City Council passed Building IQ, a policy and
program that specifically addresses emissions from the building sector by coupling
benchmarking and a building performance standard into one program;
WHEREAS, for Building IQ to be successful, the City commits to providing
support to program participants in the form of technical assistance, education, and
benchmarking assistance;
WHEREAS, the Community Office for Resource Efficiency (CORE) has
been a technical and educational resource for the community for decades,
providing support to property owners and residents to increase building efficiency
and reduce emissions;
WHEREAS, CORE is the selected vendor to provide these resources to the
community in support of Building IQ;
WHEREAS, there has been submitted to the City Council a contract for,
between the City of Aspen and CORE, 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
professional services between the City of Aspen and CORE, a copy of which is
annexed hereto and incorporated herein and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of December 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, December 13, 2022.
Nicole Henning, City Clerk
Agreement Professional Services Page 0
CITY OF ASPEN STANDARD FORM OF AGREEMENT
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2022-325
AGREEMENT made this 6th day of December, in the year 2022.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Tessa Schreiner
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5104
And the Professional:
Community Office for Resource Efficiency
(CORE)
c/o Dallas Blaney, CEO
970-901-2951
For the Following Project:
CORE Fee for Service – Community Programs
Exhibits appended and made a part of this Agreement:
The City and Professional agree as set forth below.
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: December 13, 2022
Resolution No.: 149
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
Total: $400,000
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1. Scope of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written Notice
to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work in a timely manner.
The parties anticipate that all Work pursuant to this Agreement shall be completed no later than
December 31, 2023. Upon request of the City, Professional shall submit, for the City's approval, a
schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's project
engineer for review and approval of submissions and for approvals of authorities having jurisdiction
over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be
exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall not
exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed
to by the parties the payments made to Professional shall not initially exceed the amount set forth
above. Professional shall submit, in timely fashion, invoices for work performed. The City shall
review such invoices and, if they are considered incorrect or untimely, the City shall review the matter
with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the other.
Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or
obligations under this Agreement. Professional shall be and remain solely responsible to the City for
the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of
whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent
of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due
which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the termination.
No fees shall be earned after the effective date of the termination. Upon any termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or
other material prepared by the Professional pursuant to this Agreement shall become the property of
the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the Professional, and
the City may withhold any payments to the Professional for the purposes of set-off until such time
as the exact amount of damages due the City from the Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an employment
relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to
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use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or
servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City.
City is interested only in the results obtained under this contract. The manner and means of
conducting the work are under the sole control of Professional. None of the benefits provided by City
to its employees including, but not limited to, workers' compensation insurance and unemployment
insurance, are available from City to the employees, agents or servants of Professional. Professional
shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees,
servants and subcontractors during the performance of this contract. Professional shall indemnify
City against all liability and loss in connection with, and shall assume full responsibility for payment
of all federal, state and local taxes or contributions imposed or required under unemployment
insurance, social security and income tax law, with respect to Professional and/or Professional's
employees engaged in the performance of the services agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, to the extent and
for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole
or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error,
professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the
Professional, or any officer, employee, representative, or agent of the Professional or of any
subcontractor of the Professional, or which arises out of any workmen's compensation claim of any
employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against,
any such liability, claims or demands at the sole expense of the Professional, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in
connection with, any such liability, claims, or demands. If it is determined by the final judgment of a
court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the
act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the
Professional for the portion of the judgment attributable to such act, omission, or other fault of the
City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition
to any other insurance requirements imposed by this contract or by law. The Professional shall
not be relieved of any liability, claims, demands, or other obligations assumed pursuant to
Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its
failure to procure or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the City.
All coverages shall be continuously maintained to cover all liability, claims, demands, and
other obligations assumed by the Professional pursuant to Section 8 above. In the case of any
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claims-made policy, the necessary retroactive dates and extended reporting periods shall be
procured to maintain such continuous coverage.
(i) Worker's Compensation insurance to cover obligations imposed by applicable
laws for any employee engaged in the performance of work under this contract, and
Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Worker's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to
all premises and operations. The policy shall include coverage for bodily injury, broad
form property damage (including completed operations), personal injury (including
coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall include coverage
for explosion, collapse, and underground hazards. The policy shall contain a
severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's
officers and employees as additional insureds. Every policy required above shall be primary
insurance, and any insurance carried by the City, its officers or employees, or carried by or
provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the Professional's
insurance agent as evidence that policies providing the required coverages, conditions, and
minimum limits are in full force and effect, and shall be reviewed and approved by the City
prior to commencement of the contract. No other form of certificate shall be used. The certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
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shall not be canceled, terminated or materially changed until at least thirty (30) days prior
written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid
by Professional to City upon demand, or City may offset the cost of the premiums against
monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq.,
C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified
mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion
shall be made in the employment of persons to perform services under this contract. Professional
agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-
discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate
as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition
of this Agreement can be waived except by the written consent of the City, and forbearance or
indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant,
or condition to be performed by Professional to which the same may apply and, until complete
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performance by Professional of said term, covenant or condition, the City shall be entitled to invoke
any remedy available to it under this Agreement or by law despite any such forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence) to execute the same.
16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a “worker without
authorization” which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Consultant who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions have
been designed to comply with the requirements of this new law.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
1. "E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
5. “Worker without authorization” means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Consultant certifies and represents that at this time:
1. Consultant shall confirm the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services; and
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2. Consultant has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Consultant hereby confirms that:
1. Consultant shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the
Consultant that the subconsultant shall not knowingly employ or contract with a worker without
authorization to perform work under the Public Contract for Services.
3. Consultant has confirmed the employment eligibility of all employees who are newly hired for
employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Consultant shall not use the either the e-verify program or the department program procedures
to undertake pre-employment screening of job applicants while the Public Contract for Services
is being performed.
If Consultant obtains actual knowledge that a subconsultant performing work under the Public
Contract for Services knowingly employs or contracts with a worker without authorization,
Consultant shall:
1. Notify such subconsultant and the Owner within three days that Consultant has actual
knowledge that the subconsultant is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subconsultant if within three days of receiving the notice
required pursuant to this section the subconsultant does not stop employing or contracting with
the worker without authorization; except that Consultant shall not terminate the Public Contract
for Services with the subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed or contracted with a
worker without authorization.
Consultant shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-
17.5-102 (5), C.R.S.
If Consultant violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this
Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising
out of Consultant’s violation of Subsection 8-17.5-102, C.R.S.
It is agreed that neither this agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Professional for the purpose
of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or represent ative of the
City during the term of this Agreement has or one (1) year thereafter shall have any interest,
direct or indirect, in this Agreement or the proceeds thereof, except those that may have
been disclosed at the time City Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
18. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
19. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the parties.
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(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to
this understanding except those as contained herein at the time of the execution hereof and
that after execution no alteration, change or modification shall be made except upon a writing
signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and Electronic Records This Agreement and any amendments
hereto may be executed in several counterparts, each of which shall be deemed an original, and
all of which together shall constitute one agreement binding on the Parties, notwithstanding the
possible event that all Parties may not have signed the same counterpart. Furthermore, each Party
consents to the use of electronic signatures by either Party. The Scope of Work, and any other
documents requiring a signature hereunder, may be signed electronically in the manner agreed to
by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement
solely because it is in electronic form or because an electronic record was used in its formation.
The Parties agree not to object to the admissibility of the Agreement in the form of an electronic
record, or a paper copy of an electronic documents, or a paper copy of a document bearing an
electronic signature, on the grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
22. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions
of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees.
24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the partie s in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
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debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
27. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF ASPEN, COLORADO: PROFESSIONAL:
________________________________ ______________________________
[Signature] [Signature]
By: _____________________________ By: _____________________________
[Name] [Name]
Title: ____________________________ Title: ____________________________
Date: ___________________ Date: ___________________
Approve as to Form:
_____________________
City Attorney
General Conditions and Special Conditions can be found on City
of Aspen Website.
Purchasing | Aspen, CO
DocuSign Envelope ID: DC19347B-3B82-4714-94AD-CA381F24AA18
CEO
11/30/2022 | 11:15:04 AM MST
Dallas Blaney
DocuSign Envelope ID: 2F656DE3-C260-4E9E-818F-077D4CB66C31
P
129 Emma Rd, Unit B
Basalt, CO 81621
PROJECT DESCRIPTION
SOW ___-2023-___ Building IQ Implementation
The City of Aspen Climate Action Office and CORE staff work closely together to implement the
Building IQ program. This is a detailed Scope of Work for that implementation.
Date Services Performed By: Services Performed For:
December 7, 2022 Community Office for Resource City of Aspen, Climate Action Office
Efficiency (CORE)
129 Emma Rd, Unit B 427 Rio Grande Place,
Basalt, CO 81621 Aspen, CO 81611
OUR BID
CORE proposes a $400,000 fee for service delivery model as outlined in the project
description below for the period of January 1, 2023 – December 31, 2023.
SERVICE FEE STRUCTURE
Building IQ (Data
collection/entry/analysis/reporting/quality
assurance), energy assessments, project
management, resource hub, reporting, BPS
stakeholder.
$256,000
Outreach, Engagement, Advising,
Planning, and Consulting
$100,000
Indirect Administration $44,000
Total: $400,000
This Statement of Work (SOW) is issued as an agreement between the City of Aspen,
Climate Action Office (“Client”) and Community Office for Resource Efficiency (CORE)
(“Contractor”), effective January 1, 2023 (the “Agreement”). This SOW is subject to the St
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terms and conditions contained between the parties and is made a part thereof. In the
event of any conflict or inconsistency between the terms of this SOW shall govern and
prevail.
This SOW # __-2023-___ (hereinafter called the “SOW”), effective as of January 1, 2023,
is entered into by and between Contractor and Client, and is subject to the terms and
conditions specified below.
Period of Performance
The Services shall commence on January 1, 2023 and shall continue through December
31, 2023.
Scope of Work
Summary
Building IQ is a City of Aspen program that helps commercial and multi-family buildings save energy
in a community-wide effort to keep our city, and our planet, healthy and thriving. Through Building IQ,
Aspen is joining thousands of cities worldwide that are working on innovative policies to reduce
building energy use through benchmarking and building performance standards policies.
On April 12, 2022, the City of Aspen passed Ordinance No. 05. This ordinance requires certain
property owners to address existing building performance standards through energy and water
benchmarking and a building performance standard. This ordinance will reduce greenhouse gas
emissions from required buildings, furthering the City of Aspen's climate action goal of zero
greenhouse gas emissions by 2050.
CORE will lead implementation of the 2023 Building IQ program with direction from the City
of Aspen.
Buildings will include all covered City properties, and non-City properties 15,000 square feet
and over. Related timelines are detailed below.
Sector Property Properties
first notice of
upcoming
benchmarking
due date
Property
owners/manag
ers collect
property
information
and utility data
Initial
Reporting
Date
Calendar
year of
utility
data to
report in
the first
benchm
arking
year
Date that
property
benchmarki
ng
information
is included
in annual
aggregated
community
benchmarki
ng report
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Covered
City
Properties
All covered
City
properties
N/A November
2021 -
February 2022
June 30,
2022
2021 September
30, 2022
Covered
Non-City
Properties
Covered
Commerci
al
properties
≥ 20k sq.
ft.
June 1, 2022 June 1, 2022 -
November
2022
December
1, 2022
2021 January 30,
2023
Covered
Commerci
al
properties
≥ 15k sq. ft.
January 1,
2023
January 1,
2023 - June
2023
June 1,
2023
2022 September 1,
2023
Building IQ Implementation (Data collection/entry/analysis/reporting/quality assurance),
energy assessments, project management, resource hub, reporting, BPS stakeholder.
● Data
○ Creating covered buildings lists
■ Finalize for 2023
● January 2023
■ Create for 2025
● December 2023
○ Creating and updating individual building profiles
■ Create profile for each building
● February 2023
■ Update each profile
● Contacts
● Engagement, compliance
● Timeline: Ongoing
■ Utility data collection from buildings
● Initial site visit to identify utility meters
○ February 2023
● Create and send utility release forms
○ March 2023
● Collect utility release forms
○ April 2023
● Data quality checks
○ August 2023
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■ Building information (sq. ft., uses, mechanical systems, improvement
opportunities, EUI, PM score)
● June 2023
■ Portfolio Manager (PM)
● Create PM accounts and enter data and submit to the City
○ 15,000-19,999 sq ft non-City properties
■ June 2023
○ 20,000+ sq. ft. non-City properties updated benchmark
■ June 1, 2023
○ City properties updated benchmark
■ June 1, 2023
■ Building Owner Scorecard
● EUI, PM score, current conditions, and opportunities for
improvements.
○ June 1, 2023
○ Overall BIQ Program
■ Annual program report.
● 2022 report due Jan 30, 2023
● 2023 report September 2023
■ Create automated portal or report for the City of Aspen to access
showing program and compliance tracking at macro and individual-
building level.
● April 2023
■ Analyze EUIs from 2022 buildings to be valuable for Building
Performance Standards (BPS) and future year Building IQ
implementation.
● January 2023
● Building Performance Standards (BPS)
○ Stakeholder
■ CORE to actively work behind the scenes through the "spider web"
approach of CORE gathering info/input from several key source outside
of BPS stakeholder and then reporting it as proxy as stakeholder.
● CORE will work with APCHA, EOC, and others
● Timeline: Ongoing
○ Workforce Capacity
■ CORE will collaborate with the City of Aspen to analyze and build
workforce capacity for buildings to implement BPS in future years.
● Timeline: Ongoing
Outreach, Engagement, Planning, Advising and Consulting
These services provide an array of outreach and engagement components for
implementing Building IQ. These services include the following.
● Resource Hub
○ Phone calls
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○ Passive resources, including website
○ Will grow with each benchmarking phase, and with BPS
○ Timeline: Ongoing
● Outreach
○ Gathering and updating contact info beyond limited info on Assessor’s
○ Notifying buildings
■ You are in program, these are your requirements
● COA sends first letter to address on record, then CORE takes
lead with appropriate contacts
○ February 2023
■ Reminders of requirements, upcoming deadlines
● Timeline: Ongoing
■ Automated, trackable
Indirect Administration
These services represent CORE’s general business operations and overhead outside of a
specific project or program, including finance and accounting, human resources, facilities
and infrastructure, rent, utilities and executive/strategic leadership. This cost does not
exceed 11% of the total requested amount.
Deliverable Materials
Project Timeline and Reporting
Activities to be performed and reported on quarterly for each quarter.
● Submit quarterly report detailing progress or completion for the deliverables and
timelines detailed above
○ By 15 days into the next quarter
Year-End Report
● Evaluation of overall program, and recommendations for the next year
○ By 30 days into the next year
Contractor Responsibilities
CORE will ensure:
● Coordination of strategic and operational guidance and program implementation in
alignment with City of Aspen Climate Action Office’s climate action goals,
regulatory and funding requirements.
● Proactive, open, transparent, and solution-focused communication and
coordination with City of Aspen Climate Action Office staff and collaborative
partners.
● Exploration, evaluation, and recommendations for pursuing strategic
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opportunities that optimize the advancement of City of Aspen’s Climate Action
goals.
● Actively engaged in Continuous Quality Improvement to facilitate an iterative data-
driven program implementation process.
Client Responsibilities
City of Aspen Climate Action Office will:
● Timely follow up on requests for information, assistance or approvals.
● Open, transparent and solution-focused engagement in both verbal and written
communications.
● Actively engaged in Continuous Quality Improvement to facilitate an iterative data-
driven program implementation process.
Fee Schedule
Bill To Address
Client Project Manager
Client Cost Center
PO Box 2449
Basalt, CO 81621
Ryland French
N/A
The fee schedule can be viewed in Exhibit B.
Invoice Procedures
CORE requests pre-payment of $300,000 (75%) for proposed services to facilitate timely
and responsive execution. Quarterly Reports will be provided by the 15th of the month
following the end of each quarter, based on the project timeline and detailed report
information outlined below. An invoice of $100,000 (25%) will be submitted with the third
(3rd) quarter report.
Completion Criteria
Contractor shall have fulfilled its obligations when any one of the following first occurs:
● Contractor accomplishes the Contractor activities described within this SOW, including
delivery to Client of the materials listed in the Section entitled “Deliverable Materials,”
and Client accepts such activities and materials without unreasonable objections. No
response from Client within 2-business days of deliverables being delivered by
Contractor is deemed acceptance.
P
Contacts
Dallas Blaney - CEO
Ryland French - Senior Director of Regional Climate Strategy
Project Change Control (PCR) Procedure
The following process will be followed if a change to this SOW is required:
● A Project Change Request will be submitted in writing. The PCR must describe the
change, the rationale for the change, and the effect the change will have on the
project.
● Both Project Managers will review the proposed change and approve it or reject it.
Contractor and Client will mutually agree upon any charges in writing and an
amendment to the initial contract will be implemented and signed by the Contractor
and Client. Contractor will invoice Client for any such charges.
● A written Change Authorization and/or PCR must be signed by both parties to
authorize implementation of the investigated changes.
Statement of Work for City of Aspen, Climate Action Office
P
129 Emma Rd, Unit B
Basalt, CO 81621
FEE SCHEDULE
SOW ___-2023-___ Building IQ Implementation
The City of Aspen Climate Action Office and CORE staff work closely together to implement the
Building IQ program. This is the fee schedule for this implementation.
Date Services Performed By: Services Performed For:
December 7, 2022 Community Office for Resource City of Aspen, Climate Action Office
Efficiency (CORE)
129 Emma Rd, Unit B 427 Rio Grande Place,
Basalt, CO 81621 Aspen, CO 81611
OUR BID
CORE proposes a $400,000 service delivery model as outlined in the project description
below for the period of January 1, 2023 – December 31, 2023.
SERVICE FEE STRUCTURE
SERVICE FEE STRUCTURE
Building IQ (Data
collection/entry/analysis/reporting/quality
assurance), energy assessments, project
management, resource hub, reporting, BPS
stakeholder.
$256,000
Outreach, Engagement, Advising,
Planning, and Consulting
$100,000
Indirect Administration $44,000
Total: $400,000
Statement of Work for City of Aspen, Climate Action Office
P
Bill To Address
Client Project Manager
Client Cost Center
PO Box 2449
Basalt, CO 81621
Ryland French
N/A
Invoice Procedures
CORE requests pre-payment of $300,000 (75%) for proposed services to facilitate timely
and responsive execution. Quarterly Reports will be provided by the 15th of the month
following the end of each quarter. An invoice of $100,000 (25%) will be submitted with
the third (3rd) quarter report.
Please mail to:
Community Office for Resource Efficiency
PO Box 2449
Basalt, CO 81621
Or:
ACH information for Alpine Bank:
Community Office for Resource Efficiency
Routing 102103407
Account # 8911163395
MEMORANDUM
TO: Mayor and City Council
FROM: John Barker, Senior Strategy Consultant
THROUGH: Alissa Farrell, Administrative Services Director
MEMO DATE: December 5, 2022
MEETING DATE: December 13, 2022
RE: Inflation Relief Grants
REQUEST OF COUNCIL: Staff is requesting Council consideration and approval of
Resolution No. 152, Series of 2022, providing approval for the disbursement of grant
funding for Inflation Relief Grants as recommended by the grants steering committee.
SUMMARY AND BACKGROUND: On October 25, 2022, Council provided staff with
direction to administer a grant providing emergency inflation relief to local organizations.
The objective of this grant is to get critical funding to organizations in the community
that need the funding as quickly as possible, while still ensuring that the review process
remains transparent, clear, and consistent.
Inflation relief grants are intended to assist organizations that have experienced
inflationary pressures that have increased demand for services and/or reduced
organizational capacity, and meet one of the following additional criteria:
o Have previously received a grant through the City of Aspen’s Health and
Human Services (HHS) grant division within the last three years
o Early childhood education providers that operate within the City of Aspen
municipal limits
Staff anticipated 33 HHS organizations were eligible and 3 early childhood education
providers were eligible to apply. All 36 of these organizations were contacted by staff
several times throughout the open application period to make sure all were aware of this
opportunity. Ultimately, 17 complete HHS applications were received, and 3 complete
early childhood applications were received.
The criteria were selected to ensure that this funding has the greatest impact on the
organizations in the Aspen community who provide service to vulnerable populations
such as young children attending an early childhood education center or those in need
of assistance from Health and Human Services organizations. These organizations
were also likely the most impacted by inflation per outreach performed by the City
Manager and staff, as most were affected by the dual pressures of increased costs and
rising demand.
DISCUSSION: The grant application required applicants to discuss how inflationary
factors have affected their organization, and exactly how grant funds would be used to
help offset inflationary impacts. Organizational requests fit into three broad categories:
• Employee Retention (Increased staff salaries and benefits)
• Emergency Financial Aid (To assist with clients’ rising rent, utilities, etc.)
• Supplies (Offset rising costs of gas, food, programmatic expenses)
For HHS applicants, funding requests ranged from $1,000 to $125,000. For early
childhood providers, funding requests ranged from $7,000 to $260,000. Total requests
for funding exceed program budget for both the HHS and early childhood education
funding pool. HHS organizations requested $659,626 with a budget of $500,000 and
early childhood education providers requested $332,210 with a budget of $300,000.
The expedited timeline for this grant required some changes to the application review
process established for the City’s primary grant programs. In order to expedite the grant
review process, staff on the grants steering committee completed an initial review of the
applications then provided recommendations to the entire grants steering committee.
Applications were assessed for the following:
• Does applicant demonstrate sufficient inflationary pressures to need emergency
funding?
• Does the applicant provide a service essential to the community?
• Does the applicant demonstrate that the request is financially reasonable given
its community impact?
• Does applicant demonstrate that funding will help the organization become more
sustainable long-term?
The entire grants steering committee reviewed and reconciled the requests with
available funding in a way that ensured applications that scored the highest were
provided with a higher funding percentage. For early childhood education requests, a
further metric was applied that considered the total number of children enrolled in each
program for the evaluation of the funding request. All applications are recommended to
receive at least 50% of their initial request.
If Council approves the recommendations presented here, staff will immediately begin
work on contracting and check disbursement intending to have all grant funds
distributed to awardees before the end of 2022.
ALTERNATIVES:
Council may choose to provide staff direction on alternative funding amounts from those
presented here.
FINANCIAL IMPACTS: There are no new financial impacts associated with approval of
this resolution, as all funding recommended for distribution has already been allocated
for this purpose by Council and recommendations have been tailored to meet set
program budgets.
ENVIRONMENTAL IMPACTS: None.
RECOMMENDATIONS: Staff recommend approval of Resolution No. 152, Series of
2022 finalizing the grant funding recommendations as described in Attachment A.
CITY MANAGER COMMENTS:
ATTACHMENT A – Inflation Relief Grant Funding Recommendations
ATTACHMENT B – Resolution No. 152, Series of 2022
RESOLUTION #152
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE RECOMMENDATIONS OF THE GRANTS
STEERING COMMITTEE TO PROVIDE INFLATION RELIEF GRANTS TO
HEALTH & HUMAN SERVICE AND EARLY CHILDHOOD EDUCATION
ORGANIZATIONS
WHEREAS, the City of Aspen recognizes the critical services provided by
Health and Human Services non-profits and early childhood education providers;
and
WHEREAS, recent inflationary pressures have limited the ability of such
organizations to maintain their level of service to the community; and
WHEREAS, City Council has established a grants steering committee to
support the City’s grants program; and
WHEREAS, said steering committee has submitted funding
recommendations for approval of City Council
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the funding
recommendations attached hereto.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of December 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, December 13, 2022.
Nicole Henning, City Clerk
Attachment A – Inflation Relief Grant Funding Recommendations
Health & Human Services Grants
Organization
Request
Amount
Primary Use of Grant Funds Funding
Recommendation
LIFT UP $125,000.00
• Food for guests
• Transportation
expenses
$93,000
Response $75,000.00
• Staff salaries
• Emergency financial aid
(rent, utilities, etc.)
$49,000
Bridging Bionics $63,500.00
• Rent
• Supplies
• Staff salaries
$29,750
Aspen Strong $60,000.00
• Staff salaries
• Subsidies
$50,250
Family Visitor
Program $55,412.00
• Staff salaries $36,250
Recovery
Resources $53,300.00
• Staff salaries $44,750
Planned
Parenthood $50,000.00
• Staff salaries
• Patient assistance
funding
• Supplies
$42,000
Catholic
Charities $46,250.00
• Emergency financial aid
(rent, utilities, etc.)
$39,000
Aspen Family
Connections $30,000.00
• Staff salaries
Operating expenses
• Emergency financial aid
(rent, utilities, etc.)
$24,500
Buddy Program $25,000.00
• Staff salaries
• Staff benefits
$23,250
Alpine Legal
Services $20,000.00
• New staff
• Staff salaries
• Staff benefits
$16,000
Youth Zone $15,664.00
• Staff salaries
• Staff benefits
$14,750
Mountain Valley
Developmental
Services $15,000.00
• Staff salaries $14,000
Community
Health Services $12,000.00
• Staff salaries $11,250
A Way Out $10,000.00
• Staff salaries
• Client housing
$9,500
The Meeting
Place $2,500.00
• Supplies $2,000
Callies Backyard $1,000.00 • Supplies $750
Early Childhood Education Grants
Organization Request
Amount
Primary Use of Grant Funds Funding
Recommendation
Early Learning
Center
$260,000 • Staff salaries
• Facility expenses
$228,250
Aspen Mountain
Tots
$65,210 • Staff salaries
• Staff benefits
$65,000
Preschool of the
Arts
$7,000 • Staff salaries $6,750
MEMORANDUM
TO: Mayor and City Council
FROM: Sara Ott, City Manager
MEMO DATE: December 8, 2022
MEETING DATE: December 13, 2022
RE: Resolution # 154 of 2022 Amending the Visitor Services and Event
Production Agreement with the Aspen Chamber Resort Association
(ACRA)
Resolution #153 of 2022 Amending the Destination Marketing
Agreement with the Aspen Chamber Resort Association (ACRA)
REQUEST OF COUNCIL: Staff recommends approval of agreement extensions with the
Aspen Chamber Resort sociation (ACRA) to allow for additional time for finalizing terms
for new agreements. Specifically, Council support is requested to extend the visitor
services and event production, and destination marketing agreements for an additional
31 days.
PREVIOUS COUNCIL ACTION: Council previously approved the current visitor services
agreement in 2017. This agreement was extended for one year to December 31, 2022.
Further the current destination marketing agreement expires on December 31, 2022.
City and ACRA staffs are in negotiations, and are requesting the use of the month of
January 2023 to finalize a few remaining details before presenting a new master
agreement for destination marketing, visitor services and event production to our
respective governing bodies.
DISCUSSION: The City Manager and ACRA Executive Director have been in discussions
of aligning all ACRA agreements into one master agreement in 2022 and need an
additional month to fully vet the proposed language. These two agreements include the
Visitor Services and Event Agreement and the Destination Marketing Agreement. To
align these agreements, a one-month extension and modification of the Visitor Services
and Event Agreement and a one-month extension of the Destination Marketing
Agreement will provide the necessary time to align with the other agreements that
otherwise expire in 2022. During this time the parties may also be able to finalize leasing
details for the transition of the ACRA from the Old Powerhouse to the Armory in the fall
of 2023.
FINANCIAL/BUDGET IMPACTS: Funding for this contract is included in the 2023
Operating Budget and would be paid from revenues to the Visitor Benefit Tax Fund (aka
lodging taxes).
RECOMMENDED ACTION: Staff recommends approval of Resolutions 153 of 2022 and
154 of 2022.
RESOLUTION # 153
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADDENDUM TO CITY OF ASPEN AND
ACRA TOURISM PROMOTION FUND AGREEMENT DATED JANUARY 1,
2018, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
ADDENDUM ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Addendum to
City of Aspen and ACRA Tourism Promotion Fund Agreement Dated January 1,
2018, 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 Addendum
to City of Aspen and ACRA Tourism Promotion Fund Agreement Dated January
1, 2018 and does hereby authorize the City Manager to execute said Addendum on
behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of December 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, December 13, 2022.
Nicole Henning, City Clerk
RESOLUTION NO. 180
SERIES OF 2017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,APPROVING A FIFTH
AMENDED AND RESTATED AREEMENT BETWEEN THE CITY OF ASPEN, COLORADO AND THE ASPEN
CHAMBER RESORT ASSOCIATION SETTING FORTH THE TERMS AND CONDITIONS REGARDING
MARKETING AND TOURISM PROMOTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS,there has been submitted to the City Council a Fifth Amended and Restated
Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association, LLLP, a
copy of which document is annexed hereto and made a part thereof.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves a Fifth Amended and Restated
Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association regarding
marketing and tourism promotion services for the City of Aspen, a copy of which document is annexed
hereto, and does hereby authorize the City Manager of the City of Aspen to execute said document on
behalf of the City of Aspen.
pRESOLVED,APPROVED, AND ADOPTED this I2 th day of December 2017, by the City Council
for the City of Aspen, Colorado.
I
Steven Skad on, Mayor
I, Linda Manning, 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 December 4, 2017.
W 01
f.
Linda Manning, City Clerk
CITY OF ASPEN AND ACRA
TOURISM PROMOTION FUND AGREEMENT
THIS AGREEMENT is effective this 1st day of January 2018, by and between the CITY OF ASPEN
the"City")and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"),
RECITALS
1. The City and ACRA entered into that certain Agreement dated February 27, 2001, which
agreement has been renewed over the years, and the parties hereto desire to again renew said
agreement.
2. The City Council has adopted Ordinance No.45, Series of 2000, which imposes a 1.0%
visitor benefits tax on condition that the voters of the City of Aspen approve the aforementioned ballot
question at the November 7, 2000 municipal election,which the voters did approve.
3. Ordinance No.45, Series of 2000, requires the City Council to appropriate 50%of all
revenues generated by the original tax for marketing and promotional efforts for the City's tourism
industry.
4. The City Council has adopted Ordinance No. 31, Series of 2010,which imposes an
additional 1%visitor benefit and promotion tax on condition that the voters of the City of As
approve the aforementioned ballot question at the November 2, 2010 municipal election,which the.
voters did approve.
S. Ordinance No. 31,Series 2010, requires the City Council to appropriate 100%of all
revenues generated by the additional 1%tax for marketing and promotional efforts for the City's
tourism industry.
6. Asa result, 25%of all revenues generated by the total 2%visitor benefit and promotion
tax shall be used to enable the City to meet its financial obligations to the Roaring Fork Regional
Transportation Authority or other similar transportation services provider, and 75%of all revenues
generated shall be used for marketing and promotional efforts for the City's tourism industry.
7. The foregoing taxes are codified at Aspen Municipal Code Chapter 23.50,and are
referred to herein as the Visitor Benefit Tax or"funds" or"marketing funds." The City desires to
contract with an organization capable of performing the marketing and promotional efforts
contemplated by said ordinance and funded by the Visitor Benefit Tax.
8. The Aspen Chamber Resort Association desires to contract with the City to receive funds
appropriated by the City Council for tourism promotion activities and to thereafter perform such
tourism promotion activities on behalf of the City of Aspen.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration,the receipt and sufficiency of which are hereby mutually acknowledged,the parties agree
as follows:
1.Intent of the Parties. The parties to this Agreement agree that the following sets forth
their intent in entering into this agreement and the principles set forth below shall help guide all future
interpretations of this Agreement and the parties continuing relationship with respect to the
expenditure of tourism promotion funds of the City of Aspen.
a.The parties acknowledge that the City shall use funds generated by the visitor
benefit and promotions tax imposed by Ordinance No.45,Series of 2000, and
Ordinance No. 31, Series 2010,to meet its financial obligations pursuant to this
Agreement. Accordingly, the parties acknowledge that the purpose, limitations,and
administrative requirements of such funds as set forth in said ordinances shall apply to
this Agreement.
b.The parties intend to enter into a continuing relationship for the multi-year
planning and implementation of tourism promotion activities as set forth herein.
2.Scope of Services and Marketing Program.
a.During the City's annual budget review and adoption procedures, ACRA shall
recommend a marketing plan and budget for City Council's consideration for the
forthcoming calendar year. City Council may approve the budget for the marketing plan
as it may deem necessary.
b.The marketing plan and budget shall include the following:
1.planning and implementing the advertisement, promotion, and
development of tourism and special events in the City of Aspen;
2.tourism advertising,written and graphic materials, and cooperative and
matching promotional materials;
3.gathering and disseminating information on the tourist industries and
attractions of the City of Aspen;
4.purchasing such equipment, materials, and supplies as shall be
necessary,to be used solely for tourist promotion;
S.contracting for those services and materials as may be incidental,
necessary, and appropriate to the accomplishment of the purposes of the fund,
including but not limited to, administrative, secretarial, clerical, or professional
services deemed necessary;
6.attracting conferences, conventions, and meetings of a commercial,
cultural, educational, or social nature to the City of Aspen;
7.attracting sporting events and social and cultural events sponsored by
non-profit organizations;
8.defraying administrative and clerical costs of collecting and
administering the tax, provided such expenses do not exceed the actual costs of
such administrative and clerical costs. For the year 2018,the contribution shall
be $35,000.00, and the contribution shall not increase by more than 3%in any
year. Notwithstanding the foregoing,the City shall reduce ACRA's required
contribution to such costs in any year to the extent necessary so that when such
costs are added to other non-program costs in the budget, the total non-
program costs do not exceed the limits of Paragraph 2(b)(8).
C.The marketing services shall be primarily for strategies and activities developed
since February 27, 2001, and ACRA shall not defray costs of programs existing on that
date (such as existing special events and marketing efforts,visitor center support,
among others)with funds from the Visitor Benefit Tax. Marketing funds maybe used to
enhance or promote existing tourism promotion programs and special events.
d.The general nature and content of advertising paid for by the marketing fund
shall follow these guidelines: the purpose of advertising and promotion shall be to
enhance the year-round economy and public welfare of the City as a whole; advertising
and promotional efforts shall avoid undue emphasis upon any particular commercial
activity or enterprise that might be construed to create a competitive disadvantage to
other similar commercial enterprises; and there shall be no advertising or promotion
that is misleading or deceptive and therefore opposed to the public interest or
prejudicial to the interests of the City.
e.ACRA shall be solely responsible for planning and implementation of specific
details of the marketing program and may include the lodging community in such
planning. ACRA shall monitor the program and ensure conformance to its budget. At
least 70 per cent of the funds are to be expended on program costs, rather than on
support or staff. ACRA shall not use fund proceeds for its existing operational costs, or
for expenses not directly attributable to the purposes of this Agreement, or for
expenses not identified in its annual marketing plan and budget (initial or revised) as
approved by the City Council.
f.The ACRA and Aspen Lodging Association shall meet at least annually in the last
quarter of each calendar year to review a tourism promotion plan and budget for the
City's following fiscal year prior to presentation to the City Council.
3.Term. The term of this Agreement shall be from January 1, 2018 through December 31,
2022. This agreement may be terminated by either party as set forth as Section 8, below.
4.Reporting and Budgeting. ACRA shall submit a detailed marketing program and expense
budget for inclusion in the City's budgeting packets, along with a review of the previous year's program.
The City Manager shall provide budget recommendations, including an estimate of prospective tax
proceeds,general fund contributions, prior year carry-forward balance, and interest income. The
marketing fund shall be eliminated from the City's Grant Panel Review process in that it is its own
separate fund. The ACRA is allowed and encouraged to attend and advise the City Council at all such
meetings where the marketing program and budget is discussed. During the course of the year,ACRA
may submit a revised budget to the City Council for their consideration in order to accomplish such
additional strategic marketing objectives as they may identify. City Council may approve the revised
budget as it may deem necessary,with the understanding that City Council need not approve such a
revised budget unless revenues from the Visitor Benefit Tax are available. ACRA shall provide reports to
the City on the fund and expenditures from it, including quarterly income statements and any
independent reviews or audits that ACRA receives.
5.Accounting. The City shall pay all actual lodging tax revenues generated by the Visitor
Benefit Tax during the term of this Agreement to ACRA as they are generated from the City of Aspen
each month, except for such funds as have been designated in the approved Budget to be deposited in
the reserve account described in Paragraph 6 below. ACRA shall be responsible for paying its vendors,
suppliers, subcontractors, staff, and the like. ACRA shall maintain the tax fund receipts in an interest-
bearing bank account separate from its other funds. The City may inspect ACRA's records upon
reasonable notice. ACRA shall account for any funds not expended for the purposes set forth in this
Agreement.
6.Reserves. ACRA's budget shall include a reserve account of up to$300,000. The funds
in the reserve account shall be held for use to supplement actual tax revenues in the event of an
economic downturn. Specifically, if the actual tax revenues for the 12 months prior have paced at a
decrease of at least 5 percent from the prior 12 months, ACRA may request that a specific amount of
reserve funds be appropriated as a supplement to the actual tax revenues. The reserve shall be held as
a restricted fund balance by the City of Aspen in the City Tourism Promotion Fund, separate and distinct
from any other funds or accounts used or maintained by the City for any other purposes. The funds in
the reserve account will be appropriated to be used for the marketing program proposed by ACRA upon
written request to and approval by City Council. The reserve funds shall not be used to fund any specific
event or sponsorship request that is not part of the annual marketing plan. The reserve funds may be
used for no purpose other than a purpose that is(a) permitted pursuant to Ordinance No.31, Series
2010 and (b) supplements the tax revenues appropriated pursuant to paragraph 5 of this Agreement
following a 12 month period during which tax revenues have decreased. The parties agree that ACRA
will use good faith efforts to build the fund to$300,000 by December 2019. The funds in the reserve
account are separate and distinct from any funds paid to and set aside by ACRA to provide contingency
or cash flow during the budget year.
7.Equal Access. Any and all businesses within the City shall be permitted equal access and
opportunity to participate in cooperative advertising efforts and package promotions specifically related
to and supported by the use of the marketing funds referenced in this Agreement,whether or not the
business is a member of the ACRA or the Aspen Lodging Association. That is,to the maximum extent
possible,ACRA shall make a distinction between member service and other existing programs supported
by membership dues, and new programs supported by the City and this Agreement, and as to the latter,
not discriminate based on membership in the organizations.
8.Termination. Either party may terminate this agreement effective on December 31 of
any year; provided, however, that written notice is delivered to the other party not later than June 30 of
the year that termination is to become effective.
9.Other Restrictions and Provisions
a.These are intended to be additional funds for marketing, and the intent is that
the City will continue its existing funding (for the visitors center, etc.) as a floor, and not lessen those so
that the marketing funds from the tax are not absorbed into existing ACRA/City programs.
b.The marketing funds shall not be used for city capital projects such as the
construction of visitor information centers or other tourist amenities.
C.The City Council shall not, without prior consultation with ACRA, change the
agent assigned to manage the tourism marketing funds. Nor shall the City change that agent without
some sort of cause and explanation, and it shall consult with the ACRA as to any new fund manager.
d.ACRA shall not use any of the marketing funds for providing direct reservation
services.
e.ACRA shall not use fund proceeds to influence the outcome of any election.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, representatives, successors and assigns and to any person into
or with which any party hereto may merge, consolidate,or reorganize.
11. Acknowledgements. The parties declared that they have read and understand the
terms of this Agreement,that they have had an opportunity to be represented by counsel with regard to
the execution of this Agreement, and that they execute this Agreement voluntarily and without being
pressured or influenced by any statement or representation made by any person acting on behalf of
anyone else.
12. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers,
employees, insurers, from and against all liability, claims and demands on account of injury, loss, or
damage,arising out of or in any manner connected with this Agreement, if such injury, loss, or damage
is caused in whole or part, or is claimed to be caused in whole or part by,the act,omission, error,
mistake, negligence, or other fault of ACRA, employee, representative, or agent. ACRA agrees to
investigate, handle, respond to, and to provide a defense for and defend against any such liability,
claims or demands at the sole expense of ACRA, or at the option of the City, ACRA agree to pay the City
or reimburse the City for the defense costs incurred by the City in connection with, any such liability,
claims or demands. If it is determined by the final judgment of a court of competent jurisdiction that
such injury, loss, or damage.was caused in whole or part by the act, omission, or other fault of the City,
its officers,or its employees,the City shall reimburse ACRA for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees. If any lawsuit challenges the
City's authority to impose the visitor benefits tax,the City shall be primarily responsible for the defense
of the suit.
13. No Warranties. Except as expressly set forth in this Agreement,the parties have not
made and make no other representations,warranties, statements, promises or agreements to each
other.
14. Entire Agreement. The parties agree that this Agreement represents the entire
agreement and supersedes all prior agreements between and among them with regard to the subject
matter set forth herein, and may not be amended nor may any condition contained herein be waived
except by written instrument signed by all parties.
15. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney at
130 S. Galena Street, Aspen CO 81611;to ACRA at Aspen Chamber Resort Association, 425 Rio Grande
Place,Aspen CO 81611; and to Oates, Knezevich &Gardenswartz, P.C., 533 East Hopkins Avenue,Aspen
CO 81611.
16. Counterpart Signatures. This document may be executed in counterpart original copies,
with the original signatures on separate pages to be collated together on one original form of the
agreement.
CITY OF ASP a unix al c oration
By: Stephen H. Barwick .
Ci y Clerk
ASPEN CHAMBER RESORT ASSOCIATION
Attest:
By: Debbie Braun, President
S cretary
ADDENDUM TO CITY OF ASPEN AND ACRA TOURISM PROMOTION FUND AGREEMENT
DATED JANUARY 1, 2018
THIS ADDENDUM is effective this 1st day of January 2023, by and between the CITY OF ASPEN
(the “City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”),
RECITALS
WHEREAS, on January 1, 2018, the City and ACRA entered into an Agreement for the distribution and
use of tourism promotion funds, and
WHEREAS, such agreement was for an initial term of January 1, 2018, through December 31, 2022; and
WHEREAS, both parties wish to extend this agreement for an additional month to and including January
31, 2023, to continue negotiations for the entry into a long-term agreement between the parties.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree
as follows:
1. The term of this Agreement is hereby extended to and through January 31, 2023.
2. All other terms and conditions of the Agreement shall remain in full force and effect.
3. This Addendum shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, representatives, successors and assigns and to any person into or with which any
party hereto may merge, consolidate, or reorganize.
4. This document may be executed in counterpart original copies, with the original
signatures on separate pages to be collated together on one original form of the agreement.
CITY OF ASPEN, a municipal corporation
Attest: __________________________________
_____________________________ By: Sara G. Ott
City Clerk
ASPEN CHAMBER RESORT ASSOCIATION
Attest: ___________________________________
By: Debbie Braun, President
_____________________________
Secretary
RESOLUTION # 154
(Series of 2022)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN ADDENDUM TO CITY OF ASPEN AND
ASPEN CHAMBER RESORT ASSOCIATIONAGREEMENT DATED
DECEMBER 13, 2016, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council an Addendum to
City Of Aspen And Aspen Chamber Resort Association Agreement Dated
December 13, 2016, for the operation of visitor and guest services a true and
accurate copy of which is attached hereto as Exhibit “A”;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Addendum
to City of Aspen and Aspen Chamber Resort Association Agreement Dated
December 13, 2016 and does hereby authorize the City Manager to execute said
Addendum on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 13th day of December 2022.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, December 13, 2022.
Nicole Henning, City Clerk
DocuSign Envelope ID: 3DF6CD5F-1E35-4307-B70D-068E8EF0142E
ADDENDUM TO CITY OF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATION AGREEMENT
DATED DECEMBER 13, 2016
THIS ADDENDUM is effective this 1st day of January 2023, by and between the CITY OF ASPEN
(the “City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”),
RECITALS
WHEREAS, on December 13, 2016, The City and ACRA entered into an Agreement for the operation of
visitor and guest services., and
WHEREAS, such agreement was amended pursuant to an Addendum executed on July 1, 2020, and an
Addendum executed on December 10, 2022; and
WHEREAS, both parties wish to further amend the Agreement of December 13, 2016.
AGREEMENT
In consideration of the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree
as follows:
Section I: Operation of Visitors Centers.
1. ACRA will operate visitor centers at the Wheeler Opera House lobby, Cooper Street guest
services pavilion and 590 N. Mill Street.
2. The hours of operation will remain unchanged. In the event ACRA wishes to reduce hours or
suspend service at a location, the City will be notified in writing of such request. If the request is
granted, the City will receive a corresponding credit for the reduction of hours, prorated to a
daily rate per location.
Section II: Special Events.
ACRA will be the executive producer of Winterskol for 2023.
Section III. Payments.
In consideration of services with the adjustments above, the City of Aspen shall pay to ACRA from the
Visitor Benefit Tax Fund:
1. Staffing and Operation of the 590 N. Mill Street, Wheeler Opera House lobby and Guest
Services Pavilion Visitor Centers
2. Special Events, including Wintersköl.
Section IV. Miscellaneous.
1. All terms of the Agreement dated December 13, 2016, and the Addendum dated July 1,
2020, and the addendum dated December 10, 2021, not amended or otherwise inconsistent with the
terms of this Addendum shall remain in full force and effect. If there is any inconsistency between the
Agreements, this Addendum shall prevail.
2. Term. The term of the Agreement as amended by this Addendum shall be through
January 31, 2023.
3. Binding Effect. This Addendum shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, representatives, successors and assigns and to any person into
or with which any party hereto may merge, consolidate, or reorganize.
4. Counterpart Signatures. This document may be executed in counterpart original copies,
with the original signatures on separate pages to be collated together on one original form of the
agreement.
CITY OF ASPEN, a municipal corporation
Attest: __________________________________
_____________________________ By: Sara G. Ott
City Clerk
ASPEN CHAMBER RESORT ASSOCIATION
Attest: ___________________________________
By: Debbie Braun, President
_____________________________
Secretary