MEETING NOTICE The next meeting of the Board of Directors

of the Gunnison Valley Transportation Authority (RTA) will be:

September 28, 2018 at 8:00 a.m. in Commissioners’ Room in the Gunnison County Courthouse

200 E. Virginia Ave., Gunnison, CO.

For copies of the agenda and minutes of previous meetings, please go to

www.gunnisonvalleyrta.com/meetings. Two or more County Commissioners may

be in attendance at this meeting. Also, three or more RTA Board Members may attend the monthly Mayor/Manager meetings which are held at noon on the first Thursday of each month – call Scott Truex at

970-275-0111 for the next meeting location.

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AGENDA – SEPTEMBER 28, 2018 GUNNISON VALLEY TRANSPORTATION AUTHORITY

GUNNISON COUNTY COURTHOUSE COUNTY COMMISSIONERS’ ROOM – 8:00 A.M.

8:00 A. INTRODUCTION

CONSENT AGENDA – motion & decision requested B. ADOPTION OF THE AGENDAC. APPROVAL OF THE AUGUST 10, 2018 REGULAR MEETING MINUTES & THEAUGUST 20, 2018 SPECIAL MEETING MINUTESD. EXECUTIVE DIRECTOR’S FINANCIAL REPORTE. CORRESPONDENCEF. OLD BUSINESS

1) Air program reports2) Bus program reports

G. NEW BUSINESS1) Adoption of Non-Union Protection Arrangement dated 10/27/2014

REGULAR AGENDA 8:05 F. OLD BUSINESS - continued

3) Airport update – Rick Lamport4) Tourism Association report – John Norton5) Bus service update – Scott Truex & Kevin Walters6) Tall Texan / Riverwalk & Ohio Creek bus stop construction projects update

– Scott Truex & Anthony Poponi7) Air Command report – Scott Truex and David Clayton8) 2018 summer air service update and discussion – Kent Myers9) 2018-19 winter air service update – Kent Myers10) Update on Whetstone Industrial Park land purchase – Scott Truex11) Letter to the editor in support of Proposition 110 – John Messner & Scott

Truex – motion and decision requested12) Five-year financial plan with Multimodal Fund – discussion – Scott Truex13) RTA branding committee report and choice of artwork – Anthony Poponi –

motion and decision requested14) Set date for work session regarding Future of Valley-wide transportation –

– Scott Truex and John Messner – motion and decision requested

9:05 G. NEW BUSINESS 2) Letter from GVRTA to Vail Resorts regarding relationship with Air

Command – Scott Truex, John Messner, and Janet Farmer – motion anddecision requested

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3) Renewal of Contract with Humore.us, LLC for the services of Anthony Poponi during 2019 – discussion and possible motion and decision requested – Scott Truex

9:35 H. COMMENTS FROM BOARD MEMBERS & STAFF 9:40 I. PUBLIC COMMENT PERIOD 9:45 J. ADJOURNMENT Next Meeting – November 2, 2018 at 8:00 a.m. in the Crested Butte Town Offices. All times are approximate – the meeting may move more quickly or more slowly than indicated.

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MINUTES – AUGUST 10, 2018 GUNNISON VALLEY TRANSPORTATION AUTHORITY

BOARD OF DIRECTORS MEETING CRESTED BUTTE TOWN OFFICES

TOWN COUNCIL ROOM – 8:00 A.M. INTRODUCTION Present: Kent Cowherd, Janet Farmer, Ken Lodovico, Chris Haver, Leia Morrison, Jim Miles, Scott Truex and Anthony Poponi Present Via Phone: John Messner, Kent Myers Also Present: Kathleen Fogo (counsel), representatives from Alpine Express, Air Command Committee, Town of Mt. Crested Butte, Crested Butte Mountain Resort, Western State Colorado University CONSENT AGENDA B. ADOPTION OF THE AGENDA C. APPROVAL OF THE JUNE 8, 2018 MINUTES D. EXECUTIVE DIRECTOR’S FINANCIAL REPORT E. CORRESPONDENCE F. OLD BUSINESS 1) Air program reports 2) Bus program reports Leia Morrison moved to approve the consent agenda. Ken Lodovico seconded the motion which passed unanimously. REGULAR AGENDA F. OLD BUSINESS – continued 1) Airport update – Rick Lamport Rick was not present at the meeting. 2) Tourism Association report – John Norton Though John was unable to attend he passed on a message through Scott Truex stating TA has been very active in continuing to make the Denver route successful. 3) Bus service update – Scott Truex & Kevin Walters

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July ridership is down compared to last year slightly. Overcrowding of buses during some time slots and Scott suggested the board consider moving to 13 roundtrips in the summer when we discuss budget for 2019. Kevin Walters of Alpine Express detailed a bus repair and also expressed a need for CDL drivers and/or shuttle drivers for the winter season. The new buses for the Gunnison to Denver service are close to in place with leases being moved through the process within CDOT. 4) Tall Texan / Riverwalk & Ohio Creek bus stop construction projects update – Scott Truex & Anthony Poponi Anthony and Scott gave an update the on the projects. The Tall Texan project is proceeding slower than expected. The July start for the project instead of the May start date has made it hard for Spallone Construction to fit our project into his schedule. The Ohio Creek project is proceeding as scheduled and we will open bid on August 17th and a contractor will be selected at the August special meeting of the RTA board. A pre-construction meeting in scheduled for September 5th with a deadline of October 31st for project completion. 5) Air Command report – Scott Truex and David Clayton David gave an update on the most recent Air Command meetings. We’ve had good flight performance over the winter of this year. A contingent of representatives from the Valley will head to Chicago for a meeting with United Airlines tentatively planned for December 3rd. We are trying to set a meeting with American Airlines during the second week of November. 6) 2018 summer air service update and discussion – Kent Myers Air Service overall is up for 2018 compared to last year. Additional flight capacity with larger planes on the peak days of service is helping service. 7) 2018-19 winter air service negotiations – update – Kent Myers American Airlines added flights during late winter that were not part of our additional agreement. We’ve discussed internally the lack of demand during the last two weeks of March

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and may ask them to drop those flight. We have 1,600 less seats coming in overall this year with most of the reduction in seats being from Dallas. Booking reports will start coming out soon for winter. We have received the American Airlines contract last week and had some issues with language in the contract regarding insurance which will resolve. United Airlines contracts have not been received yet. 8:35 G. NEW BUSINESS 1) Possible future amendment to GVRTA boundaries – discussion – Scott Truex and Kathleen Fogo Kathleen Fogo was present for this part of the discussion. The RTA was formed with precincts and municipalities with established boundaries. Some of those boundaries and precincts have changed and now includes parcels and new structures. Those areas likely do not involve many units with sales tax licenses and therefor would not affect our revenues. The Board can include or exclude properties in boundaries and Kathleen explained this process to the Board. Scott suggested the process would raise little to no new revenue for the RTA with a significant effort required for this process. The Board agreed with the suggestion from staff to not undertake the process of changing our taxing district. 2) IGA with Mountain Express for joint ownership of land and use of land at Whetstone Industrial Park – Scott Truex The group discussed the IGA provided in the meeting packet. Item #6 was discussed by the group regarding sale of the property. Leia Morrison moved to approve the IGA between the GVRTA and Mountain Express. Chris Haver seconded the motion which was approved unanimously. 3) Resolution #3, Series 2018 - A RESOLUTION OF THE GUNNISON VALLEY TRANSPORTATION AUTHORITY (GVTA) BOARD OF DIRECTORS SUPPORTING BALLOT INITIATIVE #153 – A TRANSPORTATION FUNDING INITIATIVE. – Scott Truex John Messner indicated the “Let’s Go Colorado” initiative website provides a lot of information on the two items on the ballot. One initiative reallocates existing state funding for transportation funding from within the existing state budget and would not contribute to County projects or multi-modal. The alternative initiative (#153) is a new tax increase in

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funding for the County and local municipalities and a separate amount for multi-modal (bus, pedestrians, bicycles, trails) and has been supported by CASTA. Leia Morrison moved to approve the resolution. Ken Lodovico seconded the motion which was unanimously approved. Scott will talk to CASTA to see how we can showcase our support and will draft a letter to the editor for local distribution. 4) Approval of the 2017 Audit of the financial statements of the Gunnison Valley Transportation Authority – Scott Truex Scott indicated we had a clean audit once again. Leia Morrison moved to accept the audit as presented. Chris Haver seconded the motion which passed unanimously. 5) Draft 2019 Budget – discussion – Scott Truex The board discussed adding multi-modal line item to future budgets as early as 2019. Scott will present a revised and updated budget in November or December updated year-to-date expenses. 6) Five-year financial plan – discussion – Scott Truex The board discussed adding a line item for multi-modal funding in the range of $25,000 to $200,000 as our budget would allow. 7) Set date, time, and place for special meeting during the week of August 20th to choose a contractor for construction of Ohio Creek bus stops – Scott Truex Ken Lodovico moved to set a special meeting for Monday, August 20th at 10am. Kent Cowherd seconded the motion which passed unanimously. 8) RTA branding committee report, discussion regarding choice of artwork – Anthony Poponi The consensus was for design number 5 with the inclusion of extra design elements of We Move You and Gunnison Valley be woven in. This feedback will be shared with Ro Sham Bo with the request to have the revised logo placed onto different uses allowing the board to see the logo applied. At the September board meeting we’ll bring mockups of the revised logo placed onto a bus and in other formats.

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9) Future of Valley-wide transportation – discussion – Scott Truex and John Messner The group discussed the first item of a Gunnison transit center in detail and then decided these discussions warranted their own work session. Transportation to the airport, multi-modal transportation coupled with bus service were also introduced as additional topics. Scott will add discussion to set a date a future work session for these topics on the September 28th agenda. H. COMMENTS FROM BOARD MEMBERS & STAFF The RTA board complimented Scott for the audit and the successes of the RTA. Janet offered thanks to Erica Mueller for her work with the RTA over the years during her time with Crested Butte Mountain Resort. I. PUBLIC COMMENT PERIOD No public comments were made. J. ADJOURNMENT

Ken Lodovico moved to adjourn at 9:45am. Leia Morrison seconded the motion to adjourn which passed unanimously.

These minutes are the final version approved by the Board of Directors of the Gunnison Valley Transportation Authority at its meeting on September 28, 2018.

______________________________

Leia Morrison, Secretary

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GUNNISON VALLEY TRANSPORTATION AUTHORITY SPECIAL MEETING MINUTES

CRESTED BUTTE TOWN OFFICES AUGUST 20, 2018

TOWN COUNCIL ROOM – 10:00 A.M.

Present: Janet Farmer, Kent Cowherd, Ken Lodovico, John Messner, Jim Miles, Chris Haver, Scott Truex, Anthony Poponi Absent: Leia Morrison, Jonathan Houck The meeting was called to order by Chairperson Messner at 10:05am. REGULAR AGENDA NEW BUSINESS 1) Award of contract for construction of bus pull-outs and installation of bus stop shelters at Ohio Creek intersection with Hwy 135 – Scott Truex and Anthony Poponi Scott Truex notified the Board that there had been one bid received to perform the construction of the two Ohio Creek bus stops. John Messner informed the Board that he would be recusing himself from the discussion due to his relationship with the contractor who had submitted the bid. There was discussion regarding the bid price of $124,640, the engineer’s opinion of cost, the overall project, various ways to respond to the proposer, the timeline to complete the project, and the likelihood of getting lower bids in the future. After further discussion, Chris Haver moved to authorize the RTA Executive Director to enter into a contract with the Gunnison Valley Construction to construct bus tips at Highway 135 and Ohio Creek as described in the bid documents for an amount not to exceed $115,000 after review of the contract by the RTA’s attorney. The motion was seconded Ken Lodovico and passed unanimously with John Messner recusing himself. ADJOURNMENT The meeting was adjourned at 10:22am. These minutes are the final version approved by the Board of Directors of the Gunnison Valley Transportation Authority at its meeting on September 28, 2018.

______________________________

Leia Morrison, Secretary

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Air Program Reports – Summer, 2018:

Total Seats Sold as of 8/27/18 vs last year and 75% goal:

Houston Load Factors vs last two years:

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Denver Load Factors vs last two years:

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Air Program Reports – Winter, 2018 - 2019:

Total Seats Sold as of 9/17/18 vs last three years:

Houston Load Factors vs last three years:

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Air Program Reports – Winter, 2018 - 2019:

Dallas Load Factors vs last three years:

Denver Load Factors vs last three years:

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Bus program reports: Bus Ridership Report: January – August, 2018

Passengers by Stop – Summer, 2018:

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Passengers by Time – Summer, 2018:

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On Time Performance – Summer, 2018:

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Late/Missed Runs– August:

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Miles per Bus:

Repairs per Bus:

Senior Reports:

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NONUNION PROTECTIVE ARRANGEMENT PURSUANT TO SECTION 5333(B) OF TITLE 49 OF THE U.S. CODE

October 17, 2014

The term “Grantee” refers to the applicant for assistance; a “Recipient” as used herein, shall refer to any entity receiving transportation assistance under the grant. A Recipient may also act as the Grantee. The term "project" shall be deemed to cover and refer to the activities funded under the grant. These protective arrangements are intended for the benefit of transit employees in the service area of the project, who are considered as third-party beneficiaries to the employee protective arrangements incorporated by reference in the grant contract between the U.S. Department of Transportation and the Grantee, and the parties to the contract so signify by executing that contract. Transit employees are also third-party beneficiaries to the protective arrangements incorporated in subsequent contracts of assistance, pursuant to the Department’s certification, between the Grantee and any Recipient. Employees may assert claims through their representative with respect to the protective arrangements under this provision. This clause creates no independent cause of action against the United States Government.

(1) The project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees in the mass passenger transportation industry within the service area of the project. The “service area” as used herein, includes the geographic area over which the project is operated and the area whose population is served by the project, including adjacent areas affected by the project; (2) All rights, privileges, and benefits (including collective bargaining rights and pension rights and benefits) of employees (including employees already retired) shall be preserved and continued. This Arrangement does not create any collective bargaining relationship where one does not already exist or between any Recipient and the employees of another employer; (3) The Recipient shall be financially responsible for any deprivation of employment or other worsening of employment position as a result of the project; (4) In the event an employee is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position for which he or she is, or by training or retraining can become, qualified. In the event training or retraining is required by such employment or reemployment, the Recipient shall provide or provide for such training or retraining at no cost to the employee; (5) Any employee who is laid off or otherwise deprived of employment or placed in a worse position with respect to compensation, hours, working conditions, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project, including any program of efficiencies or economies directly or indirectly related thereto, shall be entitled to receive any applicable rights, privileges and

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benefits as specified in the employee protective arrangement certified by the Secretary of Labor under Section 405(b) of the Rail Passenger Service Act of 1970 on April 16, 1971.1 An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of his or her resignation, death, retirement, dismissal for cause, or failure to work due to disability or discipline. The phrase "as a result of the project" as used herein shall include events occurring in anticipation of, during, and subsequent to the project; (6) In the event any provision of these conditions is held to be invalid or otherwise unenforceable, the Recipient, the employees and/or their representatives may invoke the jurisdiction of the Secretary of Labor to determine substitute fair and equitable employee protective arrangements which shall be incorporated in these conditions; (7) The Recipient agrees that any dispute, claim, or grievance arising from or relating to the interpretation, application or enforcement of these terms and conditions which cannot be settled by the parties thereto within thirty (30) days after the dispute or controversy arises, may be submitted at the written request of any party to the dispute to the Secretary of Labor who may appoint a staff member to serve as arbitrator and render a final and binding determination or may direct the parties to proceed to arbitration administered by the Federal Mediation and Conciliation Service, or a comparable private sector neutral arbitration organization. The arbitrator’s award will be final and binding. In the event of any dispute as to whether or not a particular employee was affected by the project, it shall be the employee’s obligation to identify the project and specify the pertinent facts of the Project relied upon. It shall then be the burden of the Recipient to prove that factors other than the project affected the employee. The claiming employee shall prevail if it is established that the project had an effect upon the employee even if other factors may also have affected the employee (Hodgson’s Affidavit in Civil Action No. 825-71)2; (8) The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the making of the decisions called for in the preceding paragraph; (9) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient is a recipient of Federal assistance under the Federal Transit Act and has agreed to comply with the provisions of 49 U.S.C. § 5333(b). The notice shall specify the terms and conditions set forth herein for the protection of employees.

1 See Appendix C-1 http://www.dol.gov/olms/regs/compliance/transit/9_AppendixC1.pdf. 2 http://www.dol.gov/olms/regs/compliance/transit/10_Hodgson_Affadavit.pdf

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Draft Letter To the Editor:

To the Editor,

Citizens of Gunnison County will soon be deluged with political ads and mixed messages about a wide variety of issues. We would like to bring your attention to one issue that we consider very important – funding transportation in the State of Colorado. Colorado has not increased funding for transportation since 1991 – the days before we even had smart phones and email.

In this election Coloradans will consider two distinct ballot measures for transportation funding. Only one offers a legitimate, dedicated source of revenue to address the state’s growing problem. Proposition 110 - known as “Let’s Go Colorado” - seeks to increase sales tax by .6% - about 6 cents for every $10 purchase (excluding daily essentials such as groceries, utilities, and medicine). This is a small investment to make toward a crumbling infrastructure that has not kept up with a population doubling in size. And this approach ensures tourists pay their fair share too.

Proposition 110 comes from a bi-partisan group of business, civic, and community leaders who are committed to addressing the problem. This diverse group of unlikely partners includes like Club 20, the Colorado Municipal League, the Colorado Cattleman’s Association, the Colorado Rural Electric Association, The Colorado Association of Transit Agencies, Bicycle Colorado and the Gunnison Valley RTA. We all agree that Colorado’s transportation needs have gone unmet for decades and in every corner of the state we lack the resources to maintain our roads, highways, and bus routes. This group also agrees that Proposition 110 is the only legitimate solution.

Citizens of Gunnison County will receive direct and immediate benefit from this measure through increased funding for local roads, bridges, and transit, as well as continued improvements to Highways 50 and 135. In addition, 15% of funds will be used for “multi-modal” projects which include public transportation services like the RTA and Mt. Express as well as bicycle and pedestrian connectivity.

For these reasons, the Board of Directors of the Gunnison Valley RTA has endorsed Proposition 110 to find some relief for our local communities. We feel it provides a strong solution to address Colorado’s transportation funding shortfalls and provide for the mobility needs of all Gunnison County residents, workers and visitors.

Ballots will be arriving in the mail the first week of October. Make sure to vote YES on Proposition 110 and Let’s Go Colorado!

Thank you.

John Messner, Janet Farmer, Jonathan Houck, Jim Miles, Kent Cowherd, Leia Morrison, Ken Lodovico, and Chris Haver

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Notes on sales tax revenues and transfers:

Sales tax projected to increase 2.5% per year after 2019 Transfers to capital fund are increased in 2019 to meet capital needs described in the capital fund section below Transfers to the Air Command fund are increased by 2.5% per year after 2019 Transfers to the senior transportation fund are increased by 2.5% per year after 2019

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Notes on the general fund: Sales tax is total sales tax revenues less transfers to other funds 5311 A&O grant is projected to grow slightly over the period 5311 A&O grant activities are the expenses eligible to be included in applications for grant contracts with CDOT Bus service is projected at 25 round trips in winter, 13 in summer, and 8 in the spring and fall throughout the five years - service levels could change based upon revenues CNG and diesel fuel use is based upon the current warranty mileage management plan Contract with Alpine Express increases based upon CPI and is projected at 3% per year Contract for management services is in place and increases at 3% per year POA dues are unknown at this time and are best estimates Other items are either flat or increase nominally

Notes: Grants for 2018 and 2019 are known Grant for 2020 is planned for replacing the last Bluebird bus Further grants may be available in 2021-2023 Bus stop improvements include - 2018 - Tall Texan and Ohio Creek - 2019 - Riverland, Brush Creek, and Riverbend and improvements on lot at Whetstone Industrial Park - 2020 - Almont - 2021 - Adding shelters and upgrading bus stops in Gunnison Fund balance is built to over $1M for local match for future capital projects by 2023

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Notes on the multimodal projects - seed money fund: Funds are planned to become available in 2020

Funds are to be used to match grants to develop multimodal projects within the district - specifically bike/ped trails linking communities - expenditures are not known at this time

Fund is expected to never exceed $250,000 and should be capped at that amount

Notes on the air command fund: Transfers to the air command fund increase by 2.5% per year after 2019 2019 winter guarantees are known Planned expenditures assume paying the maximum MRG amounts - which is unlikely over time Fund balance should increase beyond projections allowing for larger MRG contracts in future years The Air Command will continue to make recommendations regarding future contracts The air command fund is difficult to plan out this far

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Notes on the senior transportation fund: Transfers to the senior transportation fund increase by 2.5% per year Contracted expenses increase in 2019 to expand service hours into the evening and then by 3% per year Capital expenses include bus replacements in 2021 and 2022 and a facility expansion in 2023

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Notes on fund balances: The senior transportation fund must be kept whole - Additions may be made to this fund, but withdrawals are not allowed per the ballot language The Board of Directors may transfer funds between the other funds The Board of Directors has adopted a fund balance policy that includes a guideline that 40% of annual sales tax revenue should be kept

in an unrestricted fund The capital fund drops in 2019 and 2020 in order to complete projects which have been prioritized by the RTA

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C O L O R P A L E T T E 1

C U R R E N T Y E L L O W / D A R K G R E Y

R E L A T E S T O N A T U R E / O U R S C E N E R Y

E M B O D I E S E C O - F R I E N D L I N E S S

P O S I T I V E • W E L C O M I N G • M O D E R N

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L O G O S

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SCOTT TRUEX

Scott Truex

EXECUTIVE DIRECTOR

P O B O X 3 9C R E S T E D B U T T E , C O 8 1 2 2 4

S T R U E X @ G U N N I S O N V A L L E Y R T A . O R G9 7 0 - 6 4 1 - 4 1 1 1

Nihilicondam iamdica nonsulem propotia nequiurbit, mulesturniu consilis adducernum mo videm, Caterma, vivideat. Habem acestur horudeest imis; C. Verbi prorter feconcestrum rei inata remquer fecristiam tus caeque pravolium nos ad comanturo, P. Ad ceriti, conia nem poncles tiorum tam pertem sentis eri, de erevisque es cones, opotam patum sentrordit gra verferis.

Gertudem imium, cone mactuus condum que es locri inia re cips, molut vivatui ta dent? Hem rem orudem pulaberi publii potiliam, C. Ahabustiam conductus, nihiliquod conosta ntiquam re is. Seri te, C. Civitio venteat. Effrebem. Berei estilius coendiu ssili, conte deesint.

Sunum sent. Cas essultor quam pat, macte certe, o essimed nonverum es hacturnum teropos tortum tus haesi inata, deperfex sulicast firipio, nostrae dem aterte consum audaces cendem alere, cenihil ibuntrae es-sederum et ad auctus il cute cae, condaci besilis, que intem quid prenteribut virmilibutui sescessulem occhui ponequem Romnost eriusatus egitem erivena vocut remus, conte ta, vita, Catqui sulisso licior publiam esse, quo Cat, tem nerorem mores? Em oca; eto amdi, consuli naterio horem eo, cles audam popublia orediis erior-bis larides! Sciae temnit; Cupim mus atiste, conloct abultum mur. Mae poritie num isse niquit.Gereisque avoltudam. Ica; horit. Ex suppl. Fulinum nem obsenatum.

Ximus, quissusus crestreis culica; nes intus, sentem diemurbis. Bunique id se prae nunu quite caudeps, mus temperivis.Bem me me nost publiurnum o vilne nius inatiu consupimus et foraeque nos clus, nossit, essumus perriam conihina, nium publicaes in tus elabus inc tus et revirmiliusa co consu inatimis. Roris ad in ta, ublis.Erum inatem orionvocae cont.

G U N N I S O N V A L L E Y R T A . C O M

John Johnson123 streetGunnison, CO 81230

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P O B O X 3 9 • C R E S T E D B U T T E , C O 8 1 2 2 4

G U N N I S O N V A L L E Y R T A . C O M

S T R U E X @ G U N N I S O N V A L L E Y R T A . O R G9 7 0 - 6 4 1 - 4 1 1 1

Nihilicondam iamdica nonsulem propotia nequiurbit, mulesturniu consilis adducernum mo videm, Caterma, vivideat. Habem acestur horudeest imis; C. Verbi prorter feconcestrum rei inata remquer fecristiam tus caeque pravolium nos ad comanturo, P. Ad ceriti, conia nem poncles tiorum tam pertem sentis eri, de erevisque es cones, opotam patum sentrordit gra verferis.

Gertudem imium, cone mactuus condum que es locri inia re cips, molut vivatui ta dent? Hem rem orudem pulaberi publii potiliam, C. Ahabustiam conductus, nihiliquod conosta ntiquam re is. Seri te, C. Civitio venteat. Effrebem. Berei estilius coendiu ssili, conte deesint.

Sunum sent. Cas essultor quam pat, macte certe, o essimed nonverum es hacturnum teropos tortum tus haesi inata, deperfex sulicast firipio, nostrae dem aterte consum audaces cendem alere, cenihil ibuntrae es-sederum et ad auctus il cute cae, condaci besilis, que intem quid prenteribut virmilibutui sescessulem occhui ponequem Romnost eriusatus egitem erivena vocut remus, conte ta, vita, Catqui sulisso licior publiam esse, quo Cat, tem nerorem mores? Em oca; eto amdi, consuli naterio horem eo, cles audam popublia orediis erior-bis larides! Sciae temnit; Cupim mus atiste, conloct abultum mur. Mae poritie num isse niquit.Gereisque avoltudam. Ica; horit. Ex suppl. Fulinum nem obsenatum.

Ximus, quissusus crestreis culica; nes intus, sentem diemurbis. Bunique id se prae nunu quite caudeps, mus temperivis.Bem me me nost publiurnum o vilne nius inatiu consupimus et foraeque nos clus, nossit, essumus perriam conihina, nium publicaes in tus elabus inc tus et revirmiliusa co consu inatimis. Roris ad in ta, ublis.Erum inatem orionvocae cont.

John Johnson123 streetGunnison, CO 81230

SCOTT TRUEX

Scott TruexEXECUTIVE DIRECTOR

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ECONOMIC BENEFITS

OF GROUND & AIR TRANSPORTATIONIN THE GUNNISON VALLEY

G U N N I S O N VA L L E Y R TA . C O M

A 2017 REPORT 36

ECONOMIC BENEFITS

OF GROUND & AIR TRANSPORTATIONIN THE GUNNISON VALLEY

A 2017 REPORT

G U N N I S O N VA L L E Y R TA . C O M

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Gunnison Valley Transportation Authority

John Messner, Board Chair P.O. Box 39, Crested Butte, CO 81224

Phone: 970.901.6708 Email: JMessner@gunnisoncounty.org

September 28, 2018 Chris Jarnot Executive Vice President Mountain Division Vail Resorts Management Company 390 Interlocken Crescent Intercompany Box I-105 Broomfield, Colorado 80021-8056 Dear Chris, The below-signed elected officials are from the three municipalities in the Gunnison Valley and the County of Gunnison that comprise the Gunnison Valley Transportation Authority (RTA) in the valley. We whole-heartedly welcome you and Vail Resorts to town and wish you all success! You will find us supportive and approachable. Please reach out to any of us for any help you need during this transition and also as you settle in. Ordinarily we would like to give you breathing room and also the opportunity to find your way around the nooks and crannies of the various public bodies in the valley before getting down to business. But given the timing of the sale, there is one matter that is pressing. That matter is the ski area payment to the Tourism Association (TA) for winter air marketing monies in lieu of airline guarantee payments that has gone on now for several years. Some background. In 1985, CBMR became the first ski area in the Rockies to work with long-haul airlines to fly into what were formerly short-haul airports. In 1986, Steamboat and Jackson Hole followed suit. In 1987, Vail Associates followed. And others followed later. From 1985 until 2016, CBMR was the principle guarantor of flights to the Gunnison/Crested Butte Airport. In some years that cost CBMR over $1million. In 2016, to enhance coordination of air efforts, the RTA then became the principle guarantor and the Air Command group was formed. The Air Command group is a committee of the RTA which consists of representatives from the resort, the airport, the RTA, and Western Colorado University. This committee makes recommendations to the RTA Board of Directors on how to spend our tax funds to support air service into the valley. We all sincerely hope that Vail Resorts will have a representative on this

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committee. We believe that communication between the Air Command and Vail Resorts will be essential to ensure the success of the winter economy in the valley. Prior to the formation of the Air Command, the average loss by CBMR over the previous five years had been $250,000 per year for air service guarantees. From 2016 forward, the RTA was going to take over the cost of providing air service and it was agreed by the RTA and CBMR that the ski area would contribute, via the TA, a matching amount annually targeted at the success of ski season air flights. Last ski season, behind United’s decision to double capacity from Denver, the TA targeted markets most likely to fly through Denver to Gunnison. That program was a success and based on that success United added even more capacity from Denver to Gunnison this coming season. Because the TA marketing programs for winter air begin in October, the question of the payment for this season which has been budgeted for by the TA so is a bridge we soon have to cross. Denver is currently tracking 40% down vs last year, as the TA holds fire pending a resolution of this matter. We guarantee the American Dallas flights and also the United Houston flights in the winter. While we can envision a day when our winter product is so strong we don’t have to guarantee flights, that day is in the future. There is no question in our minds that for now, if we refused to guarantee Dallas and Houston, American and United would no longer fly from those hubs. An example of how successful AA DFW has been is that the total number of Dallas passengers to Gunnison is comparable to Dallas passengers to Aspen. The RTA’s efforts are of material benefit to CBMR. If VR efforts alone prove very successful, and we hope they will, we are open to a discussion of ending this payment and finding other ways to cooperate going forward. And if you have other ideas on how to make our air programs successful for this season, we would be an interested audience. Thank you, Sincerely, John Messner, Board Chair on behalf of the Board of Directors Janet Farmer – Town of Mt. Crested Butte Jonathan Houck – Gunnison County Jim Miles – City of Gunnison Kent Cowherd – Town of Crested Butte Leia Morrison – City of Gunnison Ken Lodovico – Town of Mt. Crested Butte Chris Haver – Town of Crested Butte

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AGREEMENT

THIS AGREEMENT (this Agreement) made effective January 1, 2019 is by and between the Gunnison Valley Transportation Authority (RTA), Gunnison, Colorado, and Humore.us, LLC a Colorado Limited Liability Company (HUMORE.US).

RECITALS

HUMORE.US provides the services of Anthony Poponi (the Services); The RTA desires to engage HUMORE.US to provide the Services according to this Agreement.

AGREEMENT

NOW THEREFORE, in consideration of the Recitals and the mutual covenants and obligations hereinafter set forth, the parties agree as follows:

TERM.

The term of this Agreement shall commence on the date first set forth above and shall terminate on December 31, 2020, unless sooner terminated as provided herein.

SCOPE OF SERVICES.

HUMORE.US shall provide to the RTA the services of Poponi for the purposes of performing the duties of Special Projects Manager for the RTA as described in the attached Position Description (Exhibit A). Poponi shall perform the duties of Special Projects Manager for the RTA solely as directed by the Executive Director of the RTA. HUMORE.US shall also provide office space, telephones, computers, office equipment, and internet access for Poponi’s use. All of the above shall be referred to as “services”.

COMPENSATION.

(a) Poponi is not, and shall not be construed to be, an employee of RTA; at all timeswhile Poponi provides services to RTA, he is and shall be an employee ofHUMORE.US.

(b) Neither HUMORE.US nor Poponi shall be considered to be employees of RTAand shall at all times be independent contractors.

(c) In exchange for these Services, the RTA shall pay HUMORE.US $2,500.00monthly during the first twelve months of the and $2,575.00 during the secondtwelve months of the contract period (the Compensation); HUMORE.US shallinvoice the RTA for the Compensation by the fifth of each month during the termof the Agreement and Compensation shall be paid on or before the twenty fifthday of each month.

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(d) The Compensation set forth in (c) above, is intended to fully compensateHUMORE.US for all of the services including all compensation for Poponi, and allother charges, expenses, overhead, payroll costs, and employee benefits, except asspecifically set forth herein.

(e) The RTA shall reimburse HUMORE.US for any travel expenses incurred by Poponirequired for his performance as Assistant to the Executive Director of the RTA.

(f) HUMORE.US will determine and be responsible to pay compensation for Poponi,including any salary, vacation time, health insurance, retirement benefits, workmen’scompensation, and other benefits that HUMORE.US may determine to beappropriate, and pay Poponi accordingly.

INDEMNIFICATION.

(a) HUMORE.US agrees to indemnify, defend and hold harmless the Gunnison ValleyTransportation Authority, Gunnison, Colorado, its partners, officers, directors, agentsand employees of and from any and all liability, claims, liens, demands, actions andcauses of action whatsoever (including reasonable attorneys’ fees and costs) arisingout of or related to any loss, cost, damage or injury, including death, of any person ordamage to property of any kind caused by the misconduct or negligent acts, errors oromissions of HUMORE.US or his employees or sub-consultants.

(b) This provision shall survive any termination or expiration of this Agreement withrespect to any liability, injury or damage occurring prior to such termination.

TERM, RENEWAL, AND TERMINATION.

This Agreement shall run for a period of twenty-four months starting January 1, 2019 and ending December 31, 2020. This Agreement may be renewed annually in one-year increments if no action is taken by either party. Renewal of this Agreement is subject to annual budget appropriation by the RTA. Either party shall have the right to terminate this Agreement at any time, with or without cause, upon forty-five (45) days prior written notice to the other.

ILLEGAL ALIEN ADDENDUM.

The Illegal Alien Addendum, attached hereto as Exhibit B, is incorporated herein by this reference. HUMORE.US is the Contractor and RTA is the Owner for purposes of the Illegal Alien Addendum.

INSURANCE.

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HUMORE.US agrees that at all times during the term of this agreement, HUMORE.US shall cause Poponi to carry and maintain in full force and effect and at Poponi’s sole cost and expense, comprehensive automobile liability insurance on all vehicles used in the performance of this agreement in the amount of $100,000.00 per person and $300,000.00 per occurrence for bodily injury and property damage.

NOTICES.

Any notice, demand or communication which either party may desire or be required to give to the other party shall be in writing and shall be deemed sufficiently given or rendered if delivered personally or sent by certified first class US mail, postage prepaid, addressed as follows:

If to HUMORE.US: HUMORE.US, LLC c/o Anthony Poponi PO Box 3004 Crested Butte, CO 81224

If to RTA: Scott Truex Gunnison Valley Transportation Authority P.O. Box 39 Crested Butte, CO 81224

Either party has the right to designate in writing, served as provided above, a different address to which any notice, demand or communication is to be mailed.

ENTIRE AGREEMENT.

This written Agreement contains the entire understanding of the parties hereto with respect to the subject matter hereof, and supersedes any and all prior agreements, proposals, negotiations and representations pertaining to the obligations to be performed hereunder. This Agreement shall not be modified or amended in any manner except by written instrument executed by the parties.

APPLICABLE LAW.

This Agreement is entered into at Gunnison County, Colorado, and it is agreed that the proper jurisdiction and venue of any action pertaining to the interpretation of enforcement of this Agreement shall be in the District Court of Gunnison County, Colorado.

INVALIDITY OR INAPPLICABILITY.

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If any term, provision or paragraph of this Agreement, or the application thereof, be invalid or unenforceable, the remainder of the Agreement or the application of such terms, provisions and paragraphs other than that which is held to be invalid or unenforceable, shall not be effected thereby and each of the remaining terms, provisions and paragraphs of the Agreement shall be valid and enforceable to the extent permitted by law.

BINDING AGREEMENT.

This Agreement and the terms, covenants and conditions herein contained shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto upon approval of the parties, representatively.

IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written.

HUMORE.US, LLC

_____________________ By:_____________________ Date Anthony Poponi

Managing Member

GUNNISON VALLEY TRANSPORTATION AUTHORITY

______________________ By:_____________________ Date John Messner

Chairman of the Board of Directors

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Exhibit A: GVRTA Special Projects Manager - Responsibilities:

Title: Special Projects Manager, Gunnison Valley Transportation Authority Organization: Gunnison Valley Rural Transportation Authority Position Hours: Part time contractor – 15-18 hours per week – flexible

General Purposes: Attends GVRTA Board meetings and Air Command meetings in order to have a full understanding of RTA programs in ground, air and senior transportation. Is the public outreach point person for the GVRTA. Attends public meetings, meetings of non-profits, business groups, and other community organizations to communicate and explain the successes of the GVRTA. Identifies influential individuals in the community and communicates the mission and activities of the GVRTA to them. Assists the Executive director in managing construction and other projects as well as day to day activities of the RTA as needed.

Essential Duties and Responsibilities: • Attends GVRTA Board and Air Command meetings.• Is conversant in all aspects of GVRTA activities, challenges, and successes.• Is an advocate for GVRTA programs throughout the community• Presents to organizations in the Gunnison Valley about GVRTA activities• Schedules one-on-one meetings with influential community members to discuss

GVRTA activities• Creates and sends e-newsletters on behalf of the GVRTA• Creates RFPs for GVRTA purchases and projects and manages RFP process.• Manages GVRTA construction and other projects with Executive Director.• Creates PowerPoint, Word and Excel documents and handouts for community

presentations.• Takes minutes of RTA Board meetings and Air Command meetings.• Keeps GVRTA website up to date• Assists Executive Director as requested with:

o Managing construction projects and other projectso Grant writingo Grant managemento Budget preparationo Report creationo Drafting contracts, bid documents, and RFPso Ongoing researcho Board Packet preparationo GPS software and bus schedule updateso Meeting noticeso Other duties as requested

• Provides own computer, phone, and office space• Is a contract employee and works on own hours

o Invoices GVRTA monthlyo Reimbursed for mileage on personal vehicle

Performs other related duties as required.

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Exhibit B: Illegal Alien Addendum ILLEGAL ALIEN ADDENDUM REQUIRED IN ALL PUBLIC CONTRACTS FOR

SERVICES BY C.R.S. §8-17.5-101, ET. SEQ. a. By its signature on this Agreement, Contractor certifies that, as of the time of its signature, it does notknowingly employ or contract with an illegal alien and that, in order to confirm the employment eligibilityof all employees who are newly hired for employment in the United States, the Contractor has participatedor attempted to participate in the E-Verify program (“E-Verify Program”) created in Public Law 208, 104thCongress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by theUnited States Department of Homeland Security, and the Social Security Administration or the DepartmentProgram (Department Program) established pursuant to §8-17.5-102(5)(c), C.R.S.

b. Contractor agrees that it shall not knowingly employ or contract with an illegal alien to perform workunder this Agreement; and that it shall not enter into a contract with a subcontractor that fails to certify tothe contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to performwork under this contract.

c. Contractor has confirmed or attempted to confirm through participation in the E-Verify or DepartmentProgram the employment eligibility of all employees who are newly hired for employment in the UnitedStates.

d. Contractor shall not use E-Verify or Department Program procedures to undertake preemploymentscreening of job applicants while work under this Agreement is being performed.

e. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreementknowingly employs or contracts with an illegal alien, the Contractor shall: (1) notify the subcontractor andthe Owner within three days that the Contractor has actual knowledge that the subcontractor is employingor contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within threedays of receiving the notice required herein, the subcontractor does not stop employing or contracting withthe illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if duringsuch three days the subcontractor provides information to establish that the subcontractor has notknowingly employed or contracted with an illegal alien.

f. The Contractor shall comply with any reasonable request by the Colorado Department of Labor andEmployment made in the course of an investigation that the Department is undertaking pursuant to theauthority established in C.R.S. Section 8-17.5-101(5).

g. If Contractor violates a provision of this Illegal Alien Addendum, the Owner may terminate thisAgreement for breach of contract. If the Agreement is so terminated, the Contractor shall be liable foractual and consequential damages to the Owner. Contractor understands that, in the event of such atermination, Owner is required to notify the office of the Colorado Secretary of State.

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